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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to juvenile justice; amending s. 2
790.115, F.S.; removing a provision requiring 3
specified treatment of minors charged with possessing 4
or discharging a firearm on school property; amending 5
s. 790.22, F.S.; revising penalties for minors 6
committing specified firearms violations; removing 7
provisions concerning minors charged with or convicted 8
of certain firearms offenses; amending s. 985.101, 9
F.S.; conforming provisions to changes made by the 10
act; amending s. 985.12, F.S.; redesignating civil 11
citation programs as prearrest delinquency citation 12
programs; revising program requirements; providing 13
that certain existing programs meeting certain 14
requirements shall be deemed authorized; amending s. 15
985.125, F.S.; conforming provisions to changes made 16
by the act; amending s. 985.126, F.S.; requiring the 17
Department of Juvenile Justice to publish a quarterly 18
report concerning entities using delinquency citations 19
for less than a specified amount of eligible offenses; 20
amending s. 985.245, F.S.; conforming prov isions to 21
changes made by the act; amending s. 985.25, F.S.; 22
requiring that youths who are arrested for certain 23
electronic monitoring violations be placed in secure 24
detention until a detention hearing; requiring that a 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
child on probation for an underlying felony firearm 26
offense who is taken into custody be placed in secure 27
detention; providing for renewal of secure detention 28
periods in certain circumstances; amending s. 985.255, 29
F.S.; providing that when there is probable cause that 30
a child committed one of a specified list of offenses 31
that he or she is presumed to be a risk to public 32
safety and danger to the community and must be held in 33
secure a detention before an adjudicatory hearing; 34
providing requirements for release of such a child 35
despite the presumption; revising language concerning 36
the use of risk assessments; amending s. 985.26, F.S.; 37
revising requirements for holding a child in secure 38
detention for more than 21 days; amending s. 985.433, 39
F.S.; requiring conditional release conditions for 40
children released after confinement for specified 41
firearms offenses; requiring specified sanctions for 42
certain children adjudicated for certain firearms 43
offenses who are not committed to a residential 44
program; providing that children who previously have 45
had adjudication withheld for certain offenses my not 46
have adjudication withheld for specified offenses; 47
amending s. 985.435, F.S.; conforming provisions to 48
changes made by the act; creating s. 985.438, F.S.; 49
requiring the Department of Juvenile Justice to create 50
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and administer a graduated response matrix to hold 51
youths accountable to the terms of their court ordered 52
probation and the terms of their conditional release; 53
providing requirements for the matrix; amending s. 54
985.439, F.S.; requiring a state attorney to fil e a 55
probation violation within a specified period or 56
inform the court and the Department of Juvenile 57
Justice why such violation is not filed; removing 58
provisions concerning an alternative consequence 59
program; allowing placement of electronic monitoring 60
for probation violations in certain circumstances; 61
amending s. 985.455, F.S.; authorizing a court to make 62
an exception to an order of revocation or suspension 63
of driving privileges in certain circumstances; 64
amending s. 985.46, F.S.; revising legislative inten t 65
concerning conditional release; revising the 66
conditions of conditional release; providing for 67
assessment of conditional release violations and 68
possible recommitment of violators; amending ss. 69
985.48 and 985.4815, F.S.; conforming provisions to 70
changes made by the act; amending s. 985.601, F.S.; 71
requiring the Department of Juvenile justice to 72
establish a specified class for firearms offenders; 73
amending s. 985.711, F.S.; revising provisions 74
concerning introduction of contraband into department 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facilities; revising criminal penalties for 76
violations; amending s. 1002.221, F.S.; revising 77
provisions concerning educational records for certain 78
purposes; amending ss. 943.051, 985.11, and 1006.07, 79
F.S.; conforming provisions to changes made by the 80
act; providing an effective date. 81
82
Be It Enacted by the Legislature of the State of Florida: 83
84
Section 1. Subsection (4) of section 790.115, Florida 85
Statutes, is amended to read: 86
790.115 Possessing or discharging weapons or firearms at a 87
school-sponsored event or o n school property prohibited; 88
penalties; exceptions. — 89
(4) Notwithstanding s. 985.24, s. 985.245, or s. 90
985.25(1), any minor under 18 years of age who is charged under 91
this section with possessing or discharging a firearm on school 92
property shall be detai ned in secure detention, unless the state 93
attorney authorizes the release of the minor, and shall be given 94
a probable cause hearing within 24 hours after being taken into 95
custody. At the hearing, the court may order that the minor 96
continue to be held in se cure detention for a period of 21 days, 97
during which time the minor shall receive medical, psychiatric, 98
psychological, or substance abuse examinations pursuant to s. 99
985.18, and a written report shall be completed. 100
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Section 2. Subsections (1), (5), (8), (9), and (10) of 101
section 790.22, Florida Statutes, are amended, and subsection 102
(3) of that section is republished, to read: 103
790.22 Use of BB guns, air or gas -operated guns, or 104
electric weapons or devices by minor under 16; limitation; 105
possession of firearms by minor under 18 prohibited; penalties. — 106
(1) The use for any purpose whatsoever of BB guns, air or 107
gas-operated guns, or electric weapons or devices, by any minor 108
under the age of 16 years is prohibited unless such use is under 109
the supervision and in the presence of an adult who is acting 110
with the consent of the minor's parent or guardian. 111
(3) A minor under 18 years of age may not possess a 112
firearm, other than an unloaded firearm at his or her home, 113
unless: 114
(a) The minor is engaged in a lawful h unting activity and 115
is: 116
1. At least 16 years of age; or 117
2. Under 16 years of age and supervised by an adult. 118
(b) The minor is engaged in a lawful marksmanship 119
competition or practice or other lawful recreational shooting 120
activity and is: 121
1. At least 16 years of age; or 122
2. Under 16 years of age and supervised by an adult who is 123
acting with the consent of the minor's parent or guardian. 124
(c) The firearm is unloaded and is being transported by 125
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the minor directly to or from an event authorized in paragraph 126
(a) or paragraph (b). 127
(5)(a) A minor who violates subsection (3) commits a 128
felony misdemeanor of the third first degree; for a first 129
offense, shall may serve a period of detention of up to 5 days 130
in a secure detention facility , with credit for time served in 131
secure detention prior to disposition ; and, in addition to any 132
other penalty provided by law, shall be required to perform 100 133
hours of community service or paid work as determined by the 134
department. For a second violation of subsection (3), a minor 135
shall serve 21 days in a secure detention facility, with credit 136
for time served in secure detention prior to disposition; and 137
shall be required to perform not less than 100 nor more than 250 138
hours of community service or paid work as determined by the 139
department. For a third or subsequent violation of subsection 140
(3), a minor shall be adjudicated delinquent and committed to a 141
residential program. In addition to the penalties for a first 142
offense and a second or subsequent offense under subsection (3) ; 143
and: 144
(a)1. If the minor is eligible by reason of age for a 145
driver license or driving privilege, the court may direct the 146
Department of Highway Safety and Motor Vehicles to revoke or to 147
withhold issuance of the minor's driver license or driving 148
privilege for up to 1 year for a first offense and up to 2 years 149
for a second or subsequent offense . 150
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(b)2. If the minor's driver license or driving privilege 151
is under suspension or revocation for any reason, the court may 152
direct the Department of Highway Safety and Motor Vehicles to 153
extend the period of suspension or revocation by an additional 154
period of up to 1 year for a first offense and up to 2 years for 155
a second or subsequent offense . 156
(c)3. If the minor is ineligible by reason of age for a 157
driver license or driving privilege, the court may direct the 158
Department of Highway Safety and Motor Vehicles to withhold 159
issuance of the minor's driver license or driving privilege for 160
up to 1 year after the date on which the minor would otherwise 161
have become eligible for a first offense and up to 2 years for a 162
second or subsequent offense . 163
(b) For a second or subsequent offense, a minor who 164
violates subsection (3) commits a felony of the third degree and 165
shall serve a period of detention of up to 21 days in a secure 166
detention facility and shall be required to perform not less 167
than 100 nor more than 250 hours of community service, and: 168
1. If the minor is eligible by reason of age for a driver 169
license or driving privilege, the court may direct the 170
Department of Highway Safety and Motor Vehicles to revoke or to 171
withhold issuance of the minor's driver license or driving 172
privilege for up to 2 years. 173
2. If the minor's driver license or driving privilege is 174
under suspension or revocation for any reason, the court may 175
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direct the Department of Highway Safety and Motor Vehicles to 176
extend the period of suspension or revocation by an additional 177
period of up to 2 years. 178
3. If the minor is ineligible by reason of age for a 179
driver license or driving privilege, the court may direct the 180
Department of Highway Safety and Motor Vehicles to withhold 181
issuance of the minor's driver license or driving privilege for 182
up to 2 years after the date on which the minor would otherwise 183
have become eligible. 184
185
For the purposes of this subsection, com munity service shall be 186
performed, if possible, in a manner involving a hospital 187
emergency room or other medical environment that deals on a 188
regular basis with trauma patients and gunshot wounds. 189
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 190
is charged with an offense that involves the use or possession 191
of a firearm, including a violation of subsection (3), or is 192
charged for any offense during the commission of which the minor 193
possessed a firearm, the minor shall be detained in secure 194
detention, unless the state attorney authorizes the release of 195
the minor, and shall be given a hearing within 24 hours after 196
being taken into custody. At the hearing, the court may order 197
that the minor continue to be held in secure detention in 198
accordance with the applicable time periods specified in s. 199
985.26(1)-(5), if the court finds that the minor meets the 200
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criteria specified in s. 985.255, or if the court finds by clear 201
and convincing evidence that the minor is a clear and present 202
danger to himself or herself or the community. The Department of 203
Juvenile Justice shall prepare a form for all minors charged 204
under this subsection which states the period of detention and 205
the relevant demographic information, including, but not limited 206
to, the gender, age, and race o f the minor; whether or not the 207
minor was represented by private counsel or a public defender; 208
the current offense; and the minor's complete prior record, 209
including any pending cases. The form shall be provided to the 210
judge for determining whether the mino r should be continued in 211
secure detention under this subsection. An order placing a minor 212
in secure detention because the minor is a clear and present 213
danger to himself or herself or the community must be in 214
writing, must specify the need for detention and the benefits 215
derived by the minor or the community by placing the minor in 216
secure detention, and must include a copy of the form provided 217
by the department. 218
(9) Notwithstanding s. 985.245, if the minor is found to 219
have committed an offense that involves the use or possession of 220
a firearm, as defined in s. 790.001, other than a violation of 221
subsection (3), or an offense during the commission of which the 222
minor possessed a firearm, and the minor is not committed to a 223
residential commitment program of the D epartment of Juvenile 224
Justice, in addition to any other punishment provided by law, 225
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the court shall order: 226
(a) For a first offense, that the minor shall serve a 227
minimum period of detention of 15 days in a secure detention 228
facility; and 229
1. Perform 100 hours of community service; and may 230
2. Be placed on community control or in a nonresidential 231
commitment program. 232
(b) For a second or subsequent offense, that the minor 233
shall serve a mandatory period of detention of at least 21 days 234
in a secure detention facility; and 235
1. Perform not less than 100 nor more than 250 hours of 236
community service; and may 237
2. Be placed on community control or in a nonresidential 238
commitment program. 239
240
The minor shall not receive credit for time served before 241
adjudication. For the purposes of this subsection, community 242
service shall be performed, if possible, in a manner involving a 243
hospital emergency room or other medical environment that deals 244
on a regular basis with trauma patients and gunshot wounds. 245
(10) If a minor is fou nd to have committed an offense 246
under subsection (9), the court shall impose the following 247
penalties in addition to any penalty imposed under paragraph 248
(9)(a) or paragraph (9)(b): 249
(a) For a first offense: 250
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1. If the minor is eligible by reason of age fo r a driver 251
license or driving privilege, the court may direct the 252
Department of Highway Safety and Motor Vehicles to revoke or to 253
withhold issuance of the minor's driver license or driving 254
privilege for up to 1 year. 255
2. If the minor's driver license or d riving privilege is 256
under suspension or revocation for any reason, the court may 257
direct the Department of Highway Safety and Motor Vehicles to 258
extend the period of suspension or revocation by an additional 259
period for up to 1 year. 260
3. If the minor is ineligible by reason of age for a 261
driver license or driving privilege, the court may direct the 262
Department of Highway Safety and Motor Vehicles to withhold 263
issuance of the minor's driver license or driving privilege for 264
up to 1 year after the date on which the minor would otherwise 265
have become eligible. 266
(b) For a second or subsequent offense: 267
1. If the minor is eligible by reason of age for a driver 268
license or driving privilege, the court may direct the 269
Department of Highway Safety and Motor Vehicles to revoke or to 270
withhold issuance of the minor's driver license or driving 271
privilege for up to 2 years. 272
2. If the minor's driver license or driving privilege is 273
under suspension or revocation for any reason, the court may 274
direct the Department of Highway S afety and Motor Vehicles to 275
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extend the period of suspension or revocation by an additional 276
period for up to 2 years. 277
3. If the minor is ineligible by reason of age for a 278
driver license or driving privilege, the court may direct the 279
Department of Highway Safety and Motor Vehicles to withhold 280
issuance of the minor's driver license or driving privilege for 281
up to 2 years after the date on which the minor would otherwise 282
have become eligible. 283
Section 3. Paragraph (d) of subsection (1) of section 284
985.101, Florida Statutes, is amended to read: 285
985.101 Taking a child into custody. — 286
(1) A child may be taken into custody under the following 287
circumstances: 288
(d) By a law enforcement officer who has probable cause to 289
believe that the child is in violation of t he conditions of the 290
child's probation, supervised release detention, postcommitment 291
probation, or conditional release supervision; has absconded 292
from nonresidential commitment; or has escaped from residential 293
commitment. 294
295
Nothing in this subsection shall be construed to allow the 296
detention of a child who does not meet the detention criteria in 297
part V. 298
Section 4. Section 985.12, Florida Statutes, is amended to 299
read: 300
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985.12 Prearrest delinquency Civil citation or similar 301
prearrest diversion programs.— 302
(1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 303
that the creation and implementation of any prearrest 304
delinquency civil citation or similar prearrest diversion 305
programs at the judicial circuit level promotes public safety, 306
aids interagency coo peration, and provides the greatest chance 307
of success for prearrest delinquency civil citation and similar 308
prearrest diversion programs. The Legislature further finds that 309
the widespread use of prearrest delinquency civil citation and 310
similar prearrest div ersion programs has a positive effect on 311
the criminal justice system by immediately holding youth 312
accountable for their actions and contributes to an overall 313
reduction in the crime rate and recidivism in the state. The 314
Legislature encourages but does not m andate that counties, 315
municipalities, and public or private educational institutions 316
participate in a prearrest delinquency civil citation or similar 317
prearrest diversion program created by their judicial circuit 318
under this section. 319
(2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 320
PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 321
OPERATION.— 322
(a) A prearrest delinquency civil citation or similar 323
prearrest diversion program for misdemeanor offenses shall be 324
established in each judicial circuit in the state. The state 325
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attorney and public defender of each circuit, the clerk of the 326
court for each county in the circuit, and representatives of 327
participating law enforcement agencies in the circuit shall 328
create a prearrest delinquency civil citation or similar 329
prearrest diversion program and develop its policies and 330
procedures. In developing the program's policies and procedures, 331
input from other interested stakeholders may be solicited. The 332
department shall annually develop and provide guideli nes on best 333
practice models for prearrest delinquency civil citation or 334
similar prearrest diversion programs to the judicial circuits as 335
a resource. 336
(b) Each judicial circuit's prearrest delinquency civil 337
citation or similar prearrest diversion program must specify all 338
of the following: 339
1. The misdemeanor offenses that qualify a juvenile for 340
participation in the program . Offenses involving the use or 341
possession of a firearm do not qualify for a prearrest 342
delinquency citation program. ; 343
2. The eligibility criteria for the program .; 344
3. The program's implementation and operation .; 345
4. The program's requirements, including, but not limited 346
to, the completion of community service hours, payment of 347
restitution, if applicable , classes established by the 348
department or the prearrest delinquency citation program , and 349
intervention services indicated by a needs assessment of the 350
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juvenile, approved by the department, such as family counseling, 351
urinalysis monitoring, and substance abuse and mental health 352
treatment services.; and 353
5. A program fee, if any, to be paid by a juvenile 354
participating in the program. If the program imposes a fee, the 355
clerk of the court of the applicable county must receive a 356
reasonable portion of the fee. 357
(c) The state attorney of each c ircuit shall operate a 358
prearrest delinquency civil citation or similar prearrest 359
diversion program in each circuit. A sheriff, police department, 360
county, municipality, locally authorized entity, or public or 361
private educational institution may continue to operate an 362
independent prearrest delinquency civil citation or similar 363
prearrest diversion program that is in operation as of October 364
1, 2018, if the independent program is reviewed by the state 365
attorney of the applicable circuit and he or she determines t hat 366
the independent program is substantially similar to the 367
prearrest delinquency civil citation or similar prearrest 368
diversion program developed by the circuit. If the state 369
attorney determines that the independent program is not 370
substantially similar to the prearrest delinquency civil 371
citation or similar prearrest diversion program developed by the 372
circuit, the operator of the independent diversion program may 373
revise the program and the state attorney may conduct an 374
additional review of the independent pr ogram. A civil citation 375
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or similar prearrest diversion program existing before July 1, 376
2024, shall be deemed a delinquency citation program authorized 377
by this section if the civil citation or similar prearrest 378
diversion program has been approved by the sta te attorney of the 379
circuit in which it operates and it complies with the 380
requirements in paragraph (2)(b). 381
(d) A judicial circuit may model an existing sheriff's, 382
police department's, county's, municipality's, locally 383
authorized entity's, or public or pr ivate educational 384
institution's independent civil citation or similar prearrest 385
diversion program in developing the civil citation or similar 386
prearrest diversion program for the circuit. 387
(d)(e) If a juvenile does not successfully complete the 388
prearrest delinquency civil citation or similar prearrest 389
diversion program, the arresting law enforcement officer shall 390
determine if there is good cause to arrest the juvenile for the 391
original misdemeanor offense and refer the case to the state 392
attorney to determine if prosecution is appropriate or allow the 393
juvenile to continue in the program. 394
(e)(f) Each prearrest delinquency civil citation or 395
similar prearrest diversion program shall enter the appropriate 396
youth data into the Juvenile Justice Information System 397
Prevention Web within 7 days after the admission of the youth 398
into the program. 399
(f)(g) At the conclusion of a juvenile's prearrest 400
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delinquency civil citation or similar prearrest diversion 401
program, the state attorney or operator of the independent 402
program shall report the outcome to the department. The issuance 403
of a prearrest delinquency civil citation or similar prearrest 404
diversion program notice is not considered a referral to the 405
department. 406
(g)(h) Upon issuing a prearrest delinquency civil citation 407
or similar prearrest diversion program notice, the law 408
enforcement officer shall send a copy of the prearrest 409
delinquency civil citation or similar prearrest diversion 410
program notice to the parent or guardian of the child and to the 411
victim. 412
Section 5. Section 985.125, Florida Statutes, is amended 413
to read: 414
985.125 Prearrest or Postarrest diversion programs. — 415
(1) A law enforcement agency or school district, in 416
cooperation with the state attorney, may establish a prearrest 417
or postarrest diversion program. 418
(2) As part of the prearrest or postarrest diversion 419
program, a child who is alleged to have committed a delinquent 420
act may be required to surrender his or her driver license, or 421
refrain from applying for a driver license, for not more than 90 422
days. If the child fails to comply with the requirements of the 423
program, the state attorney may notify the Department of Highway 424
Safety and Motor Vehicles in writing to suspend the child's 425
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driver license for a period that may not excee d 90 days. 426
Section 6. Subsections (5) and (6) of section 985.126, 427
Florida Statutes, are renumbered as subsections (6) and (7), 428
respectively, subsections (3) and (4) of that section are 429
amended, and a new subsection (5) is added to that section, to 430
read: 431
985.126 Prearrest and postarrest diversion programs; data 432
collection; denial of participation or expunged record. — 433
(3)(a) Beginning October 1, 2018, Each diversion program 434
shall submit data to the department which identifies for each 435
minor participating in the diversion program: 436
1. The race, ethnicity, gender, and age of that minor. 437
2. The offense committed, including the specific law 438
establishing the offense. 439
3. The judicial circuit and county in which the offense 440
was committed and the law enforcement agency that had contact 441
with the minor for the offense. 442
4. Other demographic information necessary to properly 443
register a case into the Juvenile Justice Information System 444
Prevention Web, as specified by the department. 445
(b) Beginning October 1, 2018, Each law enforcement agency 446
shall submit to the department data for every minor charged for 447
the first-time, who is charged with a misdemeanor, and who was 448
that identifies for each minor who was eligible for a diversion 449
program, but was instead referred to the department, provided a 450
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notice to appear, or arrested: 451
1. The data required pursuant to paragraph (a). 452
2. Whether the minor was offered the opportunity to 453
participate in a diversion program. If the minor was: 454
a. Not offered such opportunity, the reason such offer was 455
not made. 456
b. Offered such opportunity, whether the minor or his or 457
her parent or legal guardian declined to participate in t he 458
diversion program. 459
(c) The data required pursuant to paragraph (a) shall be 460
entered into the Juvenile Justice Information System Prevention 461
Web within 7 days after the youth's admission into the program. 462
(d) The data required pursuant to paragraph ( b) shall be 463
submitted on or with the arrest affidavit or notice to appear. 464
(4) Beginning January 1, 2019, The department shall 465
compile and semiannually publish the data required by subsection 466
(3) on the department's website in a format that is, at a 467
minimum, sortable by judicial circuit, county, law enforcement 468
agency, race, ethnicity, gender, age, and offense committed. 469
(5) The department shall provide a quarterly report to be 470
published on its website and distributed to the Governor, 471
President of the Senate, and Speaker of the House of 472
Representatives listing the entities that use prearrest 473
delinquency citations for less than 70 percent of first -time 474
misdemeanor offenses. 475
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Section 7. Subsection (4) of section 985.245, Florida 476
Statutes, is amended to read: 477
985.245 Risk assessment instrument. — 478
(4) For a child who is under the supervision of the 479
department through probation, supervised release detention, 480
conditional release, postcommitment probation, or commitment and 481
who is charged with committing a new offense, the risk 482
assessment instrument may be completed and scored based on the 483
underlying charge for which the child was placed under the 484
supervision of the department. 485
Section 8. Subsection (1) of section 985.25, Florida 486
Statutes, is amended to read: 487
985.25 Detention intake. — 488
(1) The department shall receive custody of a child who 489
has been taken into custody from the law enforcement agency or 490
court and shall review the facts in the law enforcement report 491
or probable cause affidavit and make such further inquiry as may 492
be necessary to determine whether detention care is appropriate. 493
(a) During the period of time from the taking of the child 494
into custody to the date of the detention hearing, the initial 495
decision as to the child's placement in to detention care shall 496
be made by the department under ss. 985.24 and 985.245(1). 497
(b) The department shall base the decision whether to 498
place the child into detention care on an assessment of risk in 499
accordance with the risk assessment instrument and pr ocedures 500
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developed by the department under s. 985.245, except that a 501
child shall be placed in secure detention care until the child's 502
detention hearing if the child meets the criteria specified in 503
s. 985.255(1)(f), is charged with possessing or discharging a 504
firearm on school property in violation of s. 790.115, or is 505
charged with any other offense involving the possession or use 506
of a firearm. 507
(c) If the final score on the child's risk assessment 508
instrument indicates detention care is appropriate, but the 509
department otherwise determines the child should be released, 510
the department shall contact the state attorney, who may 511
authorize release. 512
(d) If the final score on the risk assessment instrument 513
indicates detention is not appropriate, the child may be 514
released by the department in accordance with ss. 985.115 and 515
985.13. 516
(e) Notwithstanding any other provision of law, a child 517
who is arrested for violating the terms of his or her electronic 518
monitoring supervision or his or her supervised release shall be 519
placed in secure detention until his or her detention hearing. 520
(f) Notwithstanding any other provision of law, a child on 521
probation for an underlying felony firearm offense in chapter 522
790 and who is taken into custody under s. 985.101 for violating 523
conditions of probation not involving a new law violation shall 524
be held in secure detention to allow the state attorney to 525
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review the violation. If, within 21 days, the state attorney 526
notifies the court that commitment will be sought, then the 527
child shall remain in secure detention pending proceedings under 528
s. 985.439 until the initial 21 -day period of secure detention 529
has expired. Upon motion of the state attorney, the child may be 530
held for an additional 21 -day period if the court finds that the 531
totality of the circumstances, including the preservation of 532
public safety, warrants such extension. Any release from secure 533
detention shall result in the child being held on supervised 534
release with electronic monitoring pending proceedings under s. 535
985.439. 536
537
Under no circumstances shall the department or the state 538
attorney or law enforcement officer authorize the detention of 539
any child in a jail or other facility intended or used for the 540
detention of adults, without an order of the court. 541
Section 9. Paragraph (a) of subsection (1) and subsection 542
(3) of section 985.255, Florida Statutes, are amended, and 543
paragraphs (g) and (h) are added to subsection (1) of that 544
section, to read: 545
985.255 Detention criteria; detention hearing. — 546
(1) Subject to s. 985.25(1), a child taken into custody 547
and placed into detention care shall be given a hearing within 548
24 hours after being taken into custody. At the hearing, the 549
court may order a continued detention status if: 550
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(a) The result of the risk assessment instrument pursuant 551
to s. 985.245 indicates secure or supervised release detention 552
or the court makes the findings required under paragraph (3)(b) . 553
(g) The court finds probable cause at the detention 554
hearing that the child committed one or more of the following 555
offenses: 556
1. Murder in the first degree under s. 782.04(1)(a). 557
2. Murder in the second degree under s. 782.04(2). 558
3. Armed robbery under s. 812.13(2)(a) that involves the 559
use or possession of a firearm as defined in s. 790.001. 560
4. Armed carjacking under s. 812.13 3(2)(a) that involves 561
the use or possession of a firearm as defined in s. 790.001. 562
5. Having a firearm while committing a felony under s. 563
790.07(2). 564
6. Armed burglary under s. 810.02(2)(b) that involves the 565
use or possession of a firearm as defined i n s. 790.001. 566
7. Delinquent in possession of a firearm under s. 567
790.23(1)(b). 568
8. An attempt to commit any offense listed in this 569
paragraph under s. 777.04. 570
(h) For a child who meets the criteria in paragraph (g): 571
1. There is a presumption that the child presents a risk 572
to public safety and danger to the community and such child must 573
be held in secure detention prior to an adjudicatory hearing, 574
unless the court enters a written order that the child would not 575
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present a risk to public safety or a dang er to the community if 576
he or she were placed on supervised release detention care. 577
2. The written order releasing a child from secure 578
detention must be based on clear and convincing evidence why the 579
child does not present a risk to public safety or a da nger to 580
the community and must list the child's prior adjudications, 581
dispositions, and prior violations of pretrial release orders. A 582
court releasing a child from secure detention under this 583
subparagraph shall place the child on supervised release 584
detention care with electronic monitoring until the child's 585
adjudicatory hearing. 586
3. If an adjudicatory hearing has not taken place after 60 587
days of secure detention for a child held in secure detention 588
under this paragraph, the court must prioritize the effici ent 589
disposition of cases and hold a review hearing within each 590
successive 7-day review period until the adjudicatory hearing or 591
until the child is placed on supervised release with electronic 592
monitoring under subparagraph 2. 593
4. If the court, under this section, releases a child to 594
supervised release detention care, the court must provide a copy 595
of the written order to the victim, to the law enforcement 596
agency that arrested the child, and to the law enforcement 597
agency with primary jurisdiction over the ch ild's primary 598
residence. 599
(3)(a) The purpose of the detention hearing required under 600
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subsection (1) is to determine the existence of probable cause 601
that the child has committed the delinquent act or violation of 602
law that he or she is charged with and the need for continued 603
detention. The court shall consider use the results of the risk 604
assessment performed by the department and, based on the 605
criteria in subsection (1), shall determine the need for 606
continued detention. If the child is a prolific juvenile 607
offender who is detained under s. 985.26(2)(c), the court shall 608
consider use the results of the risk assessment performed by the 609
department and the criteria in subsection (1) or subsection (2) 610
only to determine whether the prolific juvenile offender should 611
be held in secure detention. 612
(b) If The court may order orders a placement more or less 613
restrictive than indicated by the results of the risk assessment 614
instrument, and, if the court does so, shall state, in writing, 615
clear and convincing reasons for such placement. 616
(c) Except as provided in s. 790.22(8) or s. 985.27, when 617
a child is placed into detention care, or into a respite home or 618
other placement pursuant to a court order following a hearing, 619
the court order must include specific instructions that d irect 620
the release of the child from such placement no later than 5 621
p.m. on the last day of the detention period specified in s. 622
985.26 or s. 985.27, whichever is applicable, unless the 623
requirements of such applicable provision have been met or an 624
order of continuance has been granted under s. 985.26(4). If the 625
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court order does not include a release date, the release date 626
shall be requested from the court on the same date that the 627
child is placed in detention care. If a subsequent hearing is 628
needed to provide additional information to the court for safety 629
planning, the initial order placing the child in detention care 630
shall reflect the next detention review hearing, which shall be 631
held within 3 calendar days after the child's initial detention 632
placement. 633
Section 10. Paragraph (b) of subsection (2) of section 634
985.26, Florida Statutes, is amended to read: 635
985.26 Length of detention. — 636
(2) 637
(b) The court may order the child to be held in secure 638
detention beyond 21 days under the following circumstances: 639
1. Upon good cause being shown that the nature of the 640
charge requires additional time for the prosecution or defense 641
of the case or that the totality of the circumstances, including 642
the preservation of public safety, warrants an extension, the 643
court may extend the length of secure detention care for up to 644
an additional 21 days if the child is charged with an offense 645
which, if committed by an adult, would be a capital felony, a 646
life felony, a felony of the first degree or the second degree, 647
a felony of the third degree involving violence against any 648
individual, or any other offense involving the possession or use 649
of a firearm. Except as otherwise provided in subparagraph 2., 650
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the court may continue to extend the period of secure detention 651
care in increments o f up to 21 days each by conducting a hearing 652
before the expiration of the current period to determine the 653
need for continued secure detention of the child. At the 654
hearing, the court must make the required findings in writing to 655
extend the period of secure detention. If the court extends the 656
time period for secure detention care, it shall ensure an 657
adjudicatory hearing for the case commences as soon as is 658
reasonably possible considering the totality of the 659
circumstances. The court shall prioritize the effici ent 660
disposition of cases in which the child has served 60 or more 661
days in secure detention care. 662
2. When the child is being held in secure detention under 663
s. 985.255(1)(g), and subject to s. 985.255(1)(h). 664
Section 11. Paragraph (d) is added to subsec tion (7) of 665
section 985.433, Florida Statutes, and subsections (8) and (9) 666
of that section are amended, to read: 667
985.433 Disposition hearings in delinquency cases. —When a 668
child has been found to have committed a delinquent act, the 669
following procedures s hall be applicable to the disposition of 670
the case: 671
(7) If the court determines that the child should be 672
adjudicated as having committed a delinquent act and should be 673
committed to the department, such determination shall be in 674
writing or on the record of the hearing. The determination shall 675
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include a specific finding of the reasons for the decision to 676
adjudicate and to commit the child to the department, including 677
any determination that the child was a member of a criminal 678
gang. 679
(d) Any child adjudicated by the court and committed to 680
the department under a restrictiveness level described in s. 681
985.03(44)(a)–(d), for any offense or attempted offense 682
involving a firearm must be placed on conditional release, as 683
defined in s. 985.03, for a period of 1 year following his or 684
her release from a commitment progr am. Such term of conditional 685
release shall include electronic monitoring of the child by the 686
department for the initial 6 months following his or her release 687
and at times and under terms and conditions set by the 688
department. 689
(8) If the court determines n ot to adjudicate and commit 690
to the department, then the court shall determine what 691
community-based sanctions it will impose in a probation program 692
for the child. Community -based sanctions may include, but are 693
not limited to, participation in substance abus e treatment, a 694
day-treatment probation program, restitution in money or in 695
kind, a curfew, revocation or suspension of the driver license 696
of the child, community service, and appropriate educational 697
programs as determined by the district school board. 698
(a)1. Where a child is found to have committed an offense 699
that involves the use or possession of a firearm, as defined in 700
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s. 790.001, other than a violation of s. 790.22(3), or is found 701
to have committed an offense during the commission of which the 702
child possessed a firearm, and the court has decided not to 703
commit the child to a residential program, the court shall order 704
the child, in addition to any other punishment provided by law, 705
to: 706
a. Serve a period of detention of 30 days in a secure 707
detention facility, with credit for time served in secure 708
detention prior to disposition. 709
b. Perform 100 hours of community service or paid work as 710
determined by the department. 711
c. Be placed on probation for a period of at least 1 year. 712
Such term of probation shall i nclude electronic monitoring of 713
the child by the department at times and under terms and 714
conditions set by the department. 715
2. In addition to the penalties in subparagraph 1., the 716
court may impose the following restrictions upon the child's 717
driving privileges: 718
a. If the child is eligible by reason of age for a driver 719
license or driving privilege, the court may direct the 720
Department of Highway Safety and Motor Vehicles to revoke or to 721
withhold issuance of the child's driver license or driving 722
privilege for up to 1 year. 723
b. If the child's driver license or driving privilege is 724
under suspension or revocation for any reason, the court may 725
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direct the Department of Highway Safety and Motor Vehicles to 726
extend the period of suspension or revocation by an additi onal 727
period for up to 1 year. 728
c. If the child is ineligible by reason of age for a 729
driver license or driving privilege, the court may direct the 730
Department of Highway Safety and Motor Vehicles to withhold 731
issuance of the minor's driver license or driving privilege for 732
up to 1 year after the date on which the child would otherwise 733
have become eligible. 734
735
For the purposes of this paragraph, community service shall be 736
performed, if possible, in a manner involving a hospital 737
emergency room or other medical env ironment that deals on a 738
regular basis with trauma patients and gunshot wounds. 739
(b) A child who has previously had adjudication withheld 740
for any of the following offenses shall not be eligible for a 741
second or subsequent withhold of adjudication if he or she is 742
subsequently found to have committed any of the following 743
offenses, and must be adjudicated delinquent and committed to a 744
residential program: 745
1. Armed robbery involving a firearm under s. 746
812.13(2)(a). 747
2. Armed carjacking under s. 812.133(2)(a) involving the 748
use or possession of a firearm as defined in s. 790.001. 749
3. Having a firearm while committing a felony under s. 750
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790.07(2). 751
4. Armed burglary under s. 810.02(2)(b) involving the use 752
or possession of a firearm as defined in s. 790.001. 753
5. Delinquent in possession of a firearm under s. 754
790.23(1)(b). 755
6. An attempt to commit any offense listed in this 756
paragraph under s. 777.04. 757
(9) After appropriate sanctions for the offense are 758
determined, including any minimum sanctions required by thi s 759
section, the court shall develop, approve, and order a plan of 760
probation that will contain rules, requirements, conditions, and 761
rehabilitative programs, including the option of a day -treatment 762
probation program, that are designed to encourage responsible 763
and acceptable behavior and to promote both the rehabilitation 764
of the child and the protection of the community. 765
Section 12. Subsections (1), (3), and (4) of section 766
985.435, Florida Statutes, are amended to read: 767
985.435 Probation and postcommitment probation; community 768
service.— 769
(1) The court that has jurisdiction over an adjudicated 770
delinquent child may, by an order stating the facts upon which a 771
determination of a sanction and rehabilitative program was made 772
at the disposition hearing, place th e child in a probation 773
program or a postcommitment probation program . Such placement 774
must be under the supervision of an authorized agent of the 775
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department or of any other person or agency specifically 776
authorized and appointed by the court, whether in the child's 777
own home, in the home of a relative of the child, or in some 778
other suitable place under such reasonable conditions as the 779
court may direct. 780
(3) A probation program must also include a rehabilitative 781
program component such as a requirement of part icipation in 782
substance abuse treatment or in a school or career and technical 783
education program. The nonconsent of the child to treatment in a 784
substance abuse treatment program in no way precludes the court 785
from ordering such treatment. Upon the recommenda tion of the 786
department at the time of disposition, or subsequent to 787
disposition pursuant to the filing of a petition alleging a 788
violation of the child's conditions of postcommitment probation, 789
the court may order the child to submit to random testing for 790
the purpose of detecting and monitoring the use of alcohol or 791
controlled substances. 792
(4) A probation program must may also include an 793
alternative consequence component to address instances in which 794
a child is noncompliant with technical conditions of his or her 795
probation but has not committed any new violations of law. The 796
alternative consequence component must be aligned with the 797
department's graduated response matrix as described in s. 798
985.438 Each judicial circuit shall develop, in consultation 799
with judges, the state attorney, the public defender, the 800
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regional counsel, relevant law enforcement agencies, and the 801
department, a written plan specifying the alternative 802
consequence component which must be based upon the principle 803
that sanctions must reflect th e seriousness of the violation, 804
the assessed criminogenic needs and risks of the child, the 805
child's age and maturity level, and how effective the sanction 806
or incentive will be in moving the child to compliant behavior. 807
The alternative consequence component is designed to provide 808
swift and appropriate consequences or incentives to a child who 809
is alleged to be noncompliant with or in violation of probation. 810
If the probation program includes this component, specific 811
consequences that apply to noncompliance wit h specific technical 812
conditions of probation, as well as incentives used to move the 813
child toward compliant behavior, must be detailed in the 814
disposition order. 815
Section 13. Section 985.438, Florida Statutes, is created 816
to read: 817
985.438 Graduated resp onse matrix.— 818
(1) The department shall create and administer a statewide 819
plan to hold youths accountable to the terms of their court 820
ordered probation and the terms of their conditional release. 821
The plan must be based upon the principle that sanctions mu st 822
reflect the seriousness of the violation, provide immediate 823
accountability for violations, the assessed criminogenic needs 824
and risks of the child, and the child's age and maturity level. 825
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The plan is designed to provide swift and appropriate 826
consequences or incentives to a child who is alleged to be 827
noncompliant with or in violation of his or her probation. 828
(2) The graduated response matrix shall outline sanctions 829
for youth based on their risk to reoffend and shall include, but 830
not be limited to: 831
(a) Increased contacts. 832
(b) Increased drug tests. 833
(c) Curfew reductions. 834
(d) Increased community service. 835
(e) Additional evaluations. 836
(f) Addition of electronic monitoring. 837
(3) The graduated response matrix shall be adopted in rule 838
by the department. 839
Section 14. Section 985.439, Florida Statutes, is amended 840
to read: 841
985.439 Violation of probation or postcommitment 842
probation.— 843
(1)(a) This section is applicable when the court has 844
jurisdiction over a child on probation or postcommitment 845
probation, regardless of adjudication. 846
(b) If the conditions of the probation program or the 847
postcommitment probation program are violated, the department or 848
the state attorney may bring the child before the court on a 849
petition alleging a violation of the program. A child who 850
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violates the conditions of probation or postcommitment probation 851
must be brought before the court if san ctions are sought. 852
(c) Upon receiving notice of a violation of probation from 853
the department, the state attorney must file the violation 854
within 5 days or provide in writing to the department and the 855
court the reason as to why he or she is not filing. 856
(2) A child taken into custody under s. 985.101 for 857
violating the conditions of probation shall be screened and 858
detained or released based on his or her risk assessment 859
instrument score. 860
(3) If the child denies violating the conditions of 861
probation or postcommitment probation , the court shall, upon the 862
child's request, appoint counsel to represent the child. 863
(4) Upon the child's admission, or if the court finds 864
after a hearing that the child has violated the conditions of 865
probation or postcommitment prob ation, the court shall enter an 866
order revoking, modifying, or continuing probation or 867
postcommitment probation . In each such case, the court shall 868
enter a new disposition order and, in addition to the sanctions 869
set forth in this section, may impose any san ction the court 870
could have imposed at the original disposition hearing. If the 871
child is found to have violated the conditions of probation or 872
postcommitment probation , the court may: 873
(a) Place the child in supervised release detention with 874
electronic monitoring. 875
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(b) If the violation of probation is technical in nature 876
and not a new violation of law, place the child in an 877
alternative consequence program designed to provide swift and 878
appropriate consequences to any further violations of probation. 879
1. Alternative consequence programs shall be established, 880
within existing resources, at the local level in coordination 881
with law enforcement agencies, the chief judge of the circuit, 882
the state attorney, and the public defender. 883
2. Alternative consequence prog rams may be operated by an 884
entity such as a law enforcement agency, the department, a 885
juvenile assessment center, a county or municipality, or another 886
entity selected by the department. 887
3. Upon placing a child in an alternative consequence 888
program, the court must approve specific consequences for 889
specific violations of the conditions of probation. 890
(c) Modify or continue the child's probation program or 891
postcommitment probation program . 892
(d) Revoke probation or postcommitment probation and 893
commit the child to the department. 894
(e) Allow the department to place a child on electronic 895
monitoring for a violation of probation if it determines doing 896
so will preserve and protect public safety. 897
(5) Upon the recommendation of the department at the time 898
of disposition, or subsequent to disposition pursuant to the 899
filing of a petition alleging a violation of the child's 900
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conditions of postcommitment probation, the court may order the 901
child to submit to random testing for the purpose of detecting 902
and monitoring the use of alcohol or controlled substances. 903
Section 15. Subsection (5) is added to section 985.455, 904
Florida Statutes, to read: 905
985.455 Other dispositional issues. — 906
(5) If the court orders revocation or suspension of a 907
child's driver license as part of a disposition, the court may, 908
upon finding a compelling circumstance to warrant an exception, 909
direct the Department of Highway Safety and Motor Vehicles to 910
issue a license for driving privileges restricted to business or 911
employment purposes only, as defin ed in s. 322.271. 912
Section 16. Subsections (2), (3), and (5) of section 913
985.46, Florida Statutes, are amended, and subsection (6) is 914
added to that section, to read: 915
985.46 Conditional release. — 916
(2) It is the intent of the Legislature that: 917
(a) Commitment programs include rehabilitative efforts on 918
preparing committed juveniles for a successful release to the 919
community. 920
(b) Conditional release transition planning begins as 921
early in the commitment process as possible. 922
(c) Each juvenile committe d to a residential commitment 923
program receive conditional release services be assessed to 924
determine the need for conditional release services upon release 925
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from the commitment program unless the juvenile is directly 926
released by the court . 927
(3) For juveniles referred or committed to the department, 928
the function of the department may include, but shall not be 929
limited to, supervising each juvenile on conditional release 930
when assessing each juvenile placed in a residential commitment 931
program to determine the ne ed for conditional release services 932
upon release from the program, supervising the juvenile when 933
released into the community from a residential commitment 934
facility of the department, providing such counseling and other 935
services as may be necessary for the families and assisting 936
their preparations for the return of the child. Subject to 937
specific appropriation, the department shall provide for 938
outpatient sexual offender counseling for any juvenile sexual 939
offender released from a residential commitment program as a 940
component of conditional release. 941
(5) Conditional release supervision shall contain, at a 942
minimum, the following conditions: 943
(a)(5) Participation in the educational program by 944
students of compulsory school attendance age pursuant to s. 945
1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 946
conditional release or postcommitment probation status . A 947
student of noncompulsory school -attendance age who has not 948
received a high school diploma or its equivalent must 949
participate in an educational program or career and technical 950
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education course of study. A youth who has received a high 951
school diploma or its equivalent and is not employed must 952
participate in workforce development or other career or 953
technical education or attend a community college o r a 954
university while in the program , subject to available funding . 955
(b) A curfew. 956
(c) A prohibition on contact with victims, co -defendants, 957
or known gang members. 958
(d) A prohibition on use of controlled substances. 959
(e) A prohibition on possession of firearms. 960
(6) A youth who violates the terms of his or her 961
conditional release shall be assessed using the graduated 962
response matrix as described in s. 985.438. A youth who fails to 963
move into compliance shall be recommitted to a residential 964
facility. 965
Section 17. Paragraph (c) of subsection (1) of section 966
985.48, Florida Statutes, is amended to read: 967
985.48 Juvenile sexual offender commitment programs; 968
sexual abuse intervention networks. — 969
(1) In order to provide intensive treatment and 970
psychological services to a juvenile sexual offender committed 971
to the department, it is the intent of the Legislature to 972
establish programs and strategies to effectively respond to 973
juvenile sexual offenders. In designing programs for juvenile 974
sexual offenders, it is t he further intent of the Legislature to 975
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implement strategies that include: 976
(c) Providing intensive postcommitment supervision of 977
juvenile sexual offenders who are released into the community 978
with terms and conditions which may include electronic 979
monitoring of a juvenile sexual offender for the purpose of 980
enhancing public safety. 981
Section 18. Paragraph (a) of subsection (6) of section 982
985.4815, Florida Statutes, is amended to read: 983
985.4815 Notification to Department of Law Enforcement of 984
information on juvenile sexual offenders. — 985
(6)(a) The information provided to the Department of Law 986
Enforcement must include the following: 987
1. The information obtained from the sexual offender under 988
subsection (4). 989
2. The sexual offender's most current address a nd place of 990
permanent, temporary, or transient residence within the state or 991
out of state, and address, location or description, and dates of 992
any current or known future temporary residence within the state 993
or out of state, while the sexual offender is in the care or 994
custody or under the jurisdiction or supervision of the 995
department in this state, including the name of the county or 996
municipality in which the offender permanently or temporarily 997
resides, or has a transient residence, and address, location or 998
description, and dates of any current or known future temporary 999
residence within the state or out of state; and, if known, the 1000
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intended place of permanent, temporary, or transient residence, 1001
and address, location or description, and dates of any current 1002
or known future temporary residence within the state or out of 1003
state upon satisfaction of all sanctions. 1004
3. The legal status of the sexual offender and the 1005
scheduled termination date of that legal status. 1006
4. The location of, and local telephone number fo r, any 1007
department office that is responsible for supervising the sexual 1008
offender. 1009
5. An indication of whether the victim of the offense that 1010
resulted in the offender's status as a sexual offender was a 1011
minor. 1012
6. The offense or offenses at adjudication and disposition 1013
that resulted in the determination of the offender's status as a 1014
sex offender. 1015
7. A digitized photograph of the sexual offender, which 1016
must have been taken within 60 days before the offender was 1017
released from the custody of the department or a private 1018
correctional facility by expiration of sentence under s. 1019
944.275, or within 60 days after the onset of the department's 1020
supervision of any sexual offender who is on probation, 1021
postcommitment probation, residential commitment, nonresidential 1022
commitment, licensed child -caring commitment, community control, 1023
conditional release, parole, provisional release, or control 1024
release or who is supervised by the department under the 1025
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Interstate Compact Agreement for Probationers and Parolees. If 1026
the sexual offender is in the custody of a private correctional 1027
facility, the facility shall take a digitized photograph of the 1028
sexual offender within the time period provided in this 1029
subparagraph and shall provide the photograph to the department. 1030
Section 19. Subsection (11) of section 985.601, Florida 1031
Statutes, is renumbered as subsection (12), and a new subsection 1032
(11) is added to that section, to read: 1033
985.601 Administering the juvenile justice continuum. — 1034
(11) The department shall establish a class focused on the 1035
risk and consequences of youthful firearm offending which shall 1036
be provided by the department to any youth who has been 1037
adjudicated or had adjudication withheld for any offense 1038
involving the use or possession of a firearm. 1039
Section 20. Section 985.711, Florida Statutes, is amended 1040
to read: 1041
985.711 Introduction, removal, or possession of certain 1042
articles unlawful; penalty. — 1043
(1)(a) Except as authorized through program policy or 1044
operating procedure or as authorized by the facility 1045
superintendent, program director, or manager, a person may not 1046
introduce into or upon the grounds of a juvenile detention 1047
facility or commitment program, or take or send, or attempt to 1048
take or send, from a juvenile detention facility or commitment 1049
program, any of the following articles, which are declared to be 1050
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contraband under this section: 1051
1. Any unauthorized article of food or clothing given or 1052
transmitted, or intended to be given or transmitted, to any 1053
youth in a juvenile detention facility or commitment pro gram. 1054
2. Any intoxicating beverage or any beverage that causes 1055
or may cause an intoxicating effect. 1056
3. Any controlled substance as defined in s. 893.02(4), 1057
marijuana as defined in s. 381.986, hemp as defined in s. 1058
581.217, industrial hemp as defined in s. 1004.4473, or any 1059
prescription or nonprescription drug that has a hypnotic, 1060
stimulating, or depressing effect. 1061
4. Any firearm or weapon of any kind or any explosive 1062
substance. 1063
5. Any cellular telephone or other portable communication 1064
device as described in s. 944.47(1)(a)6., intentionally and 1065
unlawfully introduced inside the secure perimeter of any 1066
juvenile detention facility or commitment program. As used in 1067
this subparagraph, the term "portable communication device" does 1068
not include any device tha t has communication capabilities which 1069
has been approved or issued by the facility superintendent, 1070
program director, or manager. 1071
6. Any vapor-generating electronic device as defined in s. 1072
386.203, intentionally and unlawfully introduced inside the 1073
secure perimeter of any juvenile detention facility or 1074
commitment program. 1075
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7. Any currency or coin given or transmitted, or intended 1076
to be given or transmitted, to any youth in any juvenile 1077
detention facility or commitment program. 1078
8. Any cigarettes, as defi ned in s. 210.01(1) or tobacco 1079
products, as defined in s. 210.25, given, or intended to be 1080
given, to any youth in a juvenile detention facility or 1081
commitment program. 1082
(b) A person may not transmit contraband to, cause 1083
contraband to be transmitted to or r eceived by, attempt to 1084
transmit contraband to, or attempt to cause contraband to be 1085
transmitted to or received by, a juvenile offender into or upon 1086
the grounds of a juvenile detention facility or commitment 1087
program, except as authorized through program pol icy or 1088
operating procedures or as authorized by the facility 1089
superintendent, program director, or manager. 1090
(c) A juvenile offender or any person, while upon the 1091
grounds of a juvenile detention facility or commitment program, 1092
may not be in actual or const ructive possession of any article 1093
or thing declared to be contraband under this section, except as 1094
authorized through program policy or operating procedures or as 1095
authorized by the facility superintendent, program director, or 1096
manager. 1097
(2)(a) Any person who violates this section as it pertains 1098
to an article of contraband described in subparagraph (1)(a)1. 1099
commits a felony of the third degree, punishable as provided in 1100
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s. 775.082, s. 775.083, or s. 775.084. 1101
(b) Any person who violates this section as it pertains to 1102
an article of contraband described in subparagraph (1)(a)5. or 1103
subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1104
punishable as provided in s. 775.082 or s. 775.083. 1105
(c) In all other cases, A person who violates this section 1106
commits a felony of the second degree, punishable as provided in 1107
s. 775.082, s. 775.083, or s. 775.084. 1108
Section 21. Paragraph (c) of subsection (2) of section 1109
1002.221, Florida Statutes, is amended to read: 1110
1002.221 K-12 education records; public records 1111
exemption.— 1112
(2) 1113
(c) In accordance with the FERPA and the federal 1114
regulations issued pursuant to the FERPA, an agency or 1115
institution, as defined in s. 1002.22, may release a student's 1116
education records without written consent of the student or 1117
parent to parties to an interagency agreement among the 1118
Department of Juvenile Justice, the school, law enforcement 1119
authorities, and other signatory agencies. Information provided 1120
pursuant to an interagency agreement may be used for proceedings 1121
initiated under chapter 984 or chapter 985 in furtherance of an 1122
interagency agreement is intended solely for use in determining 1123
the appropriate programs and services for each juvenile or the 1124
juvenile's family, or for coordinating the delivery of the 1125
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programs and services, and as such is inadmissible in any court 1126
proceeding before a dispositional hearing unless written consent 1127
is provided by a parent or other responsible adult on behalf of 1128
the juvenile. 1129
Section 22. Paragraph (b) of subsection (3) of section 1130
943.051, Florida Statutes, is amended to read: 1131
943.051 Criminal justice information; collection and 1132
storage; fingerprinting. — 1133
(3) 1134
(b) A minor who is charged with or found to have committed 1135
the following offenses shall be fingerprinted and the 1136
fingerprints shall be submitted electronically to the 1137
department, unless the minor is issued a prearrest delinquency 1138
civil citation pursuant to s. 985.12: 1139
1. Assault, as defined in s. 784.011. 1140
2. Battery, as defined in s. 784.03. 1141
3. Carrying a concealed weapon, as de fined in s. 1142
790.01(2). 1143
4. Unlawful use of destructive devices or bombs, as 1144
defined in s. 790.1615(1). 1145
5. Neglect of a child, as defined in s. 827.03(1)(e). 1146
6. Assault or battery on a law enforcement officer, a 1147
firefighter, or other specified officers, as defined in s. 1148
784.07(2)(a) and (b). 1149
7. Open carrying of a weapon, as defined in s. 790.053. 1150
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8. Exposure of sexual organs, as defined in s. 800.03. 1151
9. Unlawful possession of a firearm, as defined in s. 1152
790.22(5). 1153
10. Petit theft, as def ined in s. 812.014(3). 1154
11. Cruelty to animals, as defined in s. 828.12(1). 1155
12. Arson, as defined in s. 806.031(1). 1156
13. Unlawful possession or discharge of a weapon or 1157
firearm at a school-sponsored event or on school property, as 1158
provided in s. 790.11 5. 1159
Section 23. Paragraph (b) of subsection (1) of section 1160
985.11, Florida Statutes, is amended to read: 1161
985.11 Fingerprinting and photographing. — 1162
(1) 1163
(b) Unless the child is issued a prearrest delinquency 1164
civil citation or is participating in a si milar diversion 1165
program pursuant to s. 985.12, a child who is charged with or 1166
found to have committed one of the following offenses shall be 1167
fingerprinted, and the fingerprints shall be submitted to the 1168
Department of Law Enforcement as provided in s. 943.0 51(3)(b): 1169
1. Assault, as defined in s. 784.011. 1170
2. Battery, as defined in s. 784.03. 1171
3. Carrying a concealed weapon, as defined in s. 1172
790.01(2). 1173
4. Unlawful use of destructive devices or bombs, as 1174
defined in s. 790.1615(1). 1175
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5. Neglect of a child, as defined in s. 827.03(1)(e). 1176
6. Assault on a law enforcement officer, a firefighter, or 1177
other specified officers, as defined in s. 784.07(2)(a). 1178
7. Open carrying of a weapon, as defined in s. 790.053. 1179
8. Exposure of sexual organs, as defined in s. 800.03. 1180
9. Unlawful possession of a firearm, as defined in s. 1181
790.22(5). 1182
10. Petit theft, as defined in s. 812.014. 1183
11. Cruelty to animals, as defined in s. 828.12(1). 1184
12. Arson, resulting in bodily harm to a firefighter, as 1185
defined in s. 806.031( 1). 1186
13. Unlawful possession or discharge of a weapon or 1187
firearm at a school-sponsored event or on school property as 1188
defined in s. 790.115. 1189
1190
A law enforcement agency may fingerprint and photograph a child 1191
taken into custody upon probable cause that such child has 1192
committed any other violation of law, as the agency deems 1193
appropriate. Such fingerprint records and photographs shall be 1194
retained by the law enforcement agency in a separate file, and 1195
these records and all copies thereof must be marked "Juvenile 1196
Confidential." These records are not available for public 1197
disclosure and inspection under s. 119.07(1) except as provided 1198
in ss. 943.053 and 985.04(2), but shall be available to other 1199
law enforcement agencies, criminal justice agencies, state 1200
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attorneys, the courts, the child, the parents or legal 1201
custodians of the child, their attorneys, and any other person 1202
authorized by the court to have access to such records. In 1203
addition, such records may be submitted to the Department of Law 1204
Enforcement for inclusion i n the state criminal history records 1205
and used by criminal justice agencies for criminal justice 1206
purposes. These records may, in the discretion of the court, be 1207
open to inspection by anyone upon a showing of cause. The 1208
fingerprint and photograph records sha ll be produced in the 1209
court whenever directed by the court. Any photograph taken 1210
pursuant to this section may be shown by a law enforcement 1211
officer to any victim or witness of a crime for the purpose of 1212
identifying the person who committed such crime. 1213
Section 24. Paragraph (n) of subsection (2) of section 1214
1006.07, Florida Statutes, is amended to read: 1215
1006.07 District school board duties relating to student 1216
discipline and school safety. —The district school board shall 1217
provide for the proper accounting for all students, for the 1218
attendance and control of students at school, and for proper 1219
attention to health, s afety, and other matters relating to the 1220
welfare of students, including: 1221
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1222
conduct for elementary schools and a code of student conduct for 1223
middle and high schools and distribute the appropriate code to 1224
all teachers, school personnel, students, and parents, at the 1225
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beginning of every school year. Each code shall be organized and 1226
written in language that is understandable to students and 1227
parents and shall be discussed at the beginning of every school 1228
year in student classes, school advisory council meetings, and 1229
parent and teacher association or organization meetings. Each 1230
code shall be based on the rules governing student conduct and 1231
discipline adopted by the district school board and shall be 1232
made available in the student handbook or similar publication. 1233
Each code shall include, but is not limited to: 1234
(n) Criteria for recommending to law enforcement that a 1235
student who commits a criminal offense be allowed to participate 1236
in a prearrest delinquency citation civil citation or similar 1237
prearrest diversion program as an alternative to expulsion or 1238
arrest. All prearrest delinquency citation civil citation or 1239
similar prearrest diversion programs must comply with s. 985.12. 1240
Section 25. This act shall take effec t July 1, 2024. 1241