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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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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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facilities; authorizing department staff to use canine 76
units on the grounds of juvenile detention facilities 77
and commitment programs for specified purposes; 78
revising criminal penalties for violations; amending 79
s. 1002.221, F.S.; revising provisions concerning 80
educational records for certain purposes; amending ss. 81
943.051, 985.11, and 1006.07, F.S.; conforming 82
provisions to changes made by the act; providing an 83
effective date. 84
85
Be It Enacted by the Legislature of the State of Florida: 86
87
Section 1. Subsection (4) o f section 790.115, Florida 88
Statutes, is amended to read: 89
790.115 Possessing or discharging weapons or firearms at a 90
school-sponsored event or on school property prohibited; 91
penalties; exceptions. — 92
(4) Notwithstanding s. 985.24, s. 985.245, or s. 93
985.25(1), any minor under 18 years of age who is charged under 94
this section with possessing or discharging a firearm on school 95
property shall be detained in secure detention, unless the state 96
attorney authorizes the release of the minor, and shall be given 97
a probable cause hearing within 24 hours after being taken into 98
custody. At the hearing, the court may order that the minor 99
continue to be held in secure detention for a period of 21 days, 100
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during which time the minor shall receive medical, psychiatric, 101
psychological, or substance abuse examinations pursuant to s. 102
985.18, and a written report shall be completed. 103
Section 2. Subsections (1), (5), (8), (9), and (10) of 104
section 790.22, Florida Statutes, are amended, and subsection 105
(3) of that section is republis hed, to read: 106
790.22 Use of BB guns, air or gas -operated guns, or 107
electric weapons or devices by minor under 16; limitation; 108
possession of firearms by minor under 18 prohibited; penalties. — 109
(1) The use for any purpose whatsoever of BB guns, air or 110
gas-operated guns, or electric weapons or devices, by any minor 111
under the age of 16 years is prohibited unless such use is under 112
the supervision and in the presence of an adult who is acting 113
with the consent of the minor's parent or guardian. 114
(3) A minor under 18 years of age may not possess a 115
firearm, other than an unloaded firearm at his or her home, 116
unless: 117
(a) The minor is engaged in a lawful hunting activity and 118
is: 119
1. At least 16 years of age; or 120
2. Under 16 years of age and supervised by an adult . 121
(b) The minor is engaged in a lawful marksmanship 122
competition or practice or other lawful recreational shooting 123
activity and is: 124
1. At least 16 years of age; or 125
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2. Under 16 years of age and supervised by an adult who is 126
acting with the consent of the minor's parent or guardian. 127
(c) The firearm is unloaded and is being transported by 128
the minor directly to or from an event authorized in paragraph 129
(a) or paragraph (b). 130
(5)(a) A minor who violates subsection (3) commits a 131
felony misdemeanor of the third first degree; for a first 132
offense, shall may serve a period of detention of up to 5 days 133
in a secure detention facility , with credit for time served in 134
secure detention prior to disposition ; and, in addition to any 135
other penalty provided by law, shall be required to perform 100 136
hours of community service or paid work as determined by the 137
department. For a second violation of subsection (3), a minor 138
shall serve 21 days in a secure detention facility, with credit 139
for time served in secure detention prio r to disposition; and 140
shall be required to perform not less than 100 nor more than 250 141
hours of community service or paid work as determined by the 142
department. For a third or subsequent violation of subsection 143
(3), a minor shall be adjudicated delinquent a nd committed to a 144
residential program. In addition to the penalties for a first 145
offense and a second or subsequent offense under subsection (3) ; 146
and: 147
(a)1. If the minor is eligible by reason of age for a 148
driver license or driving privilege, the court may direct the 149
Department of Highway Safety and Motor Vehicles to revoke or to 150
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withhold issuance of the minor's driver license or driving 151
privilege for up to 1 year for a first offense and up to 2 years 152
for a second or subsequent offense . 153
(b)2. If the minor's driver license or driving privilege 154
is under suspension or revocation for any reason, the court may 155
direct the Department of Highway Safety and Motor Vehicles to 156
extend the period of suspension or revocation by an additional 157
period of up to 1 year for a first offense and up to 2 years for 158
a second or subsequent offense . 159
(c)3. If the minor is ineligible by reason of age for a 160
driver license or driving privilege, the court may direct the 161
Department of Highway Safety and Motor Vehicles to withhold 162
issuance of the minor's driver license or driving privilege for 163
up to 1 year after the date on which the minor would otherwise 164
have become eligible for a first offense and up to 2 years for a 165
second or subsequent offense . 166
(b) For a second or subsequent offense, a minor who 167
violates subsection (3) commits a felony of the third degree and 168
shall serve a period of detention of up to 21 days in a secure 169
detention facility and shall be required to perform not less 170
than 100 nor more than 250 hours of community service, and: 171
1. If the minor is eligible by reason of age for a driver 172
license or driving privilege, the court may direct the 173
Department of Highway Safety and Motor Vehicles to revoke or to 174
withhold issuance of the minor's driver license or driving 175
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privilege for up to 2 years. 176
2. If the minor's driver license or driving privilege is 177
under suspension or revocation for any reason, the court may 178
direct the Department of Highway Safety and Motor Vehicles to 179
extend the period of suspension or revocation by an addit ional 180
period of up to 2 years. 181
3. If the minor is ineligible by reason of age for a 182
driver license or driving privilege, the court may direct the 183
Department of Highway Safety and Motor Vehicles to withhold 184
issuance of the minor's driver license or drivin g privilege for 185
up to 2 years after the date on which the minor would otherwise 186
have become eligible. 187
188
For the purposes of this subsection, community service shall be 189
performed, if possible, in a manner involving a hospital 190
emergency room or other medical environment that deals on a 191
regular basis with trauma patients and gunshot wounds. 192
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 193
is charged with an offense that involves the use or possession 194
of a firearm, including a violation of subsection (3), or is 195
charged for any offense during the commission of which the minor 196
possessed a firearm, the minor shall be detained in secure 197
detention, unless the state attorney authorizes the release of 198
the minor, and shall be given a hearing within 24 hours af ter 199
being taken into custody. At the hearing, the court may order 200
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that the minor continue to be held in secure detention in 201
accordance with the applicable time periods specified in s. 202
985.26(1)-(5), if the court finds that the minor meets the 203
criteria specified in s. 985.255, or if the court finds by clear 204
and convincing evidence that the minor is a clear and present 205
danger to himself or herself or the community. The Department of 206
Juvenile Justice shall prepare a form for all minors charged 207
under this subsection which states the period of detention and 208
the relevant demographic information, including, but not limited 209
to, the gender, age, and race of the minor; whether or not the 210
minor was represented by private counsel or a public defender; 211
the current offense; and the minor's complete prior record, 212
including any pending cases. The form shall be provided to the 213
judge for determining whether the minor should be continued in 214
secure detention under this subsection. An order placing a minor 215
in secure detention bec ause the minor is a clear and present 216
danger to himself or herself or the community must be in 217
writing, must specify the need for detention and the benefits 218
derived by the minor or the community by placing the minor in 219
secure detention, and must include a copy of the form provided 220
by the department. 221
(9) Notwithstanding s. 985.245, if the minor is found to 222
have committed an offense that involves the use or possession of 223
a firearm, as defined in s. 790.001, other than a violation of 224
subsection (3), or an of fense during the commission of which the 225
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minor possessed a firearm, and the minor is not committed to a 226
residential commitment program of the Department of Juvenile 227
Justice, in addition to any other punishment provided by law, 228
the court shall order: 229
(a) For a first offense, that the minor shall serve a 230
minimum period of detention of 15 days in a secure detention 231
facility; and 232
1. Perform 100 hours of community service; and may 233
2. Be placed on community control or in a nonresidential 234
commitment program. 235
(b) For a second or subsequent offense, that the minor 236
shall serve a mandatory period of detention of at least 21 days 237
in a secure detention facility; and 238
1. Perform not less than 100 nor more than 250 hours of 239
community service; and may 240
2. Be placed on community control or in a nonresidential 241
commitment program. 242
243
The minor shall not receive credit for time served before 244
adjudication. For the purposes of this subsection, community 245
service shall be performed, if possible, in a manner involving a 246
hospital emergency room or other medical environment that deals 247
on a regular basis with trauma patients and gunshot wounds. 248
(10) If a minor is found to have committed an offense 249
under subsection (9), the court shall impose the following 250
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penalties in addition to any penalty imposed under paragraph 251
(9)(a) or paragraph (9)(b): 252
(a) For a first offense: 253
1. If the minor is eligible by reason of age for a driver 254
license or driving privilege, the court may direct the 255
Department of Highway Safety and Motor Vehicles to revoke or to 256
withhold issuance of the minor's driver license or driving 257
privilege for up to 1 year. 258
2. If the minor's driver license or driving privilege is 259
under suspension or revocation for any reason, the court may 260
direct the Department of Highway Safety and Motor Vehicles to 261
extend the period of suspension or revocation by an additional 262
period for up to 1 year. 263
3. If the minor is ineligible by reason of age for a 264
driver license or driving privilege, the court may direct the 265
Department of Highway Safety and Motor Vehicles to withhold 266
issuance of the minor's driver license or driving privilege for 267
up to 1 year after the date on which the minor would otherwise 268
have become eligible. 269
(b) For a second or subsequent offense: 270
1. If the minor is eligi ble by reason of age for a driver 271
license or driving privilege, the court may direct the 272
Department of Highway Safety and Motor Vehicles to revoke or to 273
withhold issuance of the minor's driver license or driving 274
privilege for up to 2 years. 275
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2. If the minor's driver license or driving privilege is 276
under suspension or revocation for any reason, the court may 277
direct the Department of Highway Safety and Motor Vehicles to 278
extend the period of suspension or revocation by an additional 279
period for up to 2 year s. 280
3. If the minor is ineligible by reason of age for a 281
driver license or driving privilege, the court may direct the 282
Department of Highway Safety and Motor Vehicles to withhold 283
issuance of the minor's driver license or driving privilege for 284
up to 2 years after the date on which the minor would otherwise 285
have become eligible. 286
Section 3. Paragraph (d) of subsection (1) of section 287
985.101, Florida Statutes, is amended to read: 288
985.101 Taking a child into custody. — 289
(1) A child may be taken into custo dy under the following 290
circumstances: 291
(d) By a law enforcement officer who has probable cause to 292
believe that the child is in violation of the conditions of the 293
child's probation, supervised release detention, postcommitment 294
probation, or conditional release supervision; has absconded 295
from nonresidential commitment; or has escaped from residential 296
commitment. 297
298
Nothing in this subsection shall be construed to allow the 299
detention of a child who does not meet the detention criteria in 300
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part V. 301
Section 4. Section 985.12, Florida Statutes, is amended to 302
read: 303
985.12 Prearrest delinquency Civil citation or similar 304
prearrest diversion programs.— 305
(1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 306
that the creation and implementation of any prearrest 307
delinquency civil citation or similar prearrest diversion 308
programs at the judicial circuit level promotes public safety, 309
aids interagency cooperation, and provides the greatest chance 310
of success for prearrest delinquency civil citation and similar 311
prearrest diversion programs. The Legislature further finds that 312
the widespread use of prearrest delinquency civil citation and 313
similar prearrest diversion programs has a positive effect on 314
the criminal justice system by immediately holding youth 315
accountable for their actions and contributes to an overall 316
reduction in the crime rate and recidivism in the state. The 317
Legislature encourages but does not mandate that counties, 318
municipalities, and public or private educational institutions 319
participate in a prearrest delinquency civil citation or similar 320
prearrest diversion program created by their judicial circuit 321
under this section. 322
(2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 323
PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 324
OPERATION.— 325
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(a) A prearrest delinquency civil citation or similar 326
prearrest diversion program for misdemeanor offenses shall be 327
established in each judicial circuit in the state. The state 328
attorney and public defender of each circuit, the clerk of the 329
court for each county in the circuit, and representatives of 330
participating law enforcement agencies in the circuit shall 331
create a prearrest delinquency civil citation or similar 332
prearrest diversion program and develop its policies and 333
procedures. In developing the program's policies and procedures, 334
input from other interested stakeholders may be solicited. The 335
department shall annually develop and provide guidelines on best 336
practice models for prearrest delinquency civil citation or 337
similar prearrest diversion programs to the judicial circuits as 338
a resource. 339
(b) Each judicial circuit's prearrest delinquency civil 340
citation or similar prearrest diversion program must specify all 341
of the following: 342
1. The misdemeanor offenses that qualify a juvenile for 343
participation in the p rogram. Offenses involving the use or 344
possession of a firearm do not qualify for a prearrest 345
delinquency citation program. ; 346
2. The eligibility criteria for the program .; 347
3. The program's implementation and operation .; 348
4. The program's requirements, i ncluding, but not limited 349
to, the completion of community service hours, payment of 350
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restitution, if applicable , classes established by the 351
department or the prearrest delinquency citation program , and 352
intervention services indicated by a needs assessment of the 353
juvenile, approved by the department, such as family counseling, 354
urinalysis monitoring, and substance abuse and mental health 355
treatment services.; and 356
5. A program fee, if any, to be paid by a juvenile 357
participating in the program. If the program imposes a fee, the 358
clerk of the court of the applicable county must receive a 359
reasonable portion of the fee. 360
(c) The state attorney of each circuit shall operate a 361
prearrest delinquency civil citation or similar prearrest 362
diversion program in each circui t. A sheriff, police department, 363
county, municipality, locally authorized entity, or public or 364
private educational institution may continue to operate an 365
independent prearrest delinquency civil citation or similar 366
prearrest diversion program that is in operation as of October 367
1, 2018, if the independent program is reviewed by the state 368
attorney of the applicable circuit and he or she determines that 369
the independent program is substantially similar to the 370
prearrest delinquency civil citation or similar prearrest 371
diversion program developed by the circuit. If the state 372
attorney determines that the independent program is not 373
substantially similar to the prearrest delinquency civil 374
citation or similar prearrest diversion program developed by the 375
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circuit, the operator of the independent diversion program may 376
revise the program and the state attorney may conduct an 377
additional review of the independent program. A civil citation 378
or similar prearrest diversion program existing before July 1, 379
2024, shall be deemed a de linquency citation program authorized 380
by this section if the civil citation or similar prearrest 381
diversion program has been approved by the state attorney of the 382
circuit in which it operates and it complies with the 383
requirements in paragraph (2)(b). 384
(d) A judicial circuit may model an existing sheriff's, 385
police department's, county's, municipality's, locally 386
authorized entity's, or public or private educational 387
institution's independent civil citation or similar prearrest 388
diversion program in developing t he civil citation or similar 389
prearrest diversion program for the circuit. 390
(d)(e) If a juvenile does not successfully complete the 391
prearrest delinquency civil citation or similar prearrest 392
diversion program, the arresting law enforcement officer shall 393
determine if there is good cause to arrest the juvenile for the 394
original misdemeanor offense and refer the case to the state 395
attorney to determine if prosecution is appropriate or allow the 396
juvenile to continue in the program. 397
(e)(f) Each prearrest delinquency civil citation or 398
similar prearrest diversion program shall enter the appropriate 399
youth data into the Juvenile Justice Information System 400
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Prevention Web within 7 days after the admission of the youth 401
into the program. 402
(f)(g) At the conclusion of a ju venile's prearrest 403
delinquency civil citation or similar prearrest diversion 404
program, the state attorney or operator of the independent 405
program shall report the outcome to the department. The issuance 406
of a prearrest delinquency civil citation or similar prearrest 407
diversion program notice is not considered a referral to the 408
department. 409
(g)(h) Upon issuing a prearrest delinquency civil citation 410
or similar prearrest diversion program notice, the law 411
enforcement officer shall send a copy of the prearrest 412
delinquency civil citation or similar prearrest diversion 413
program notice to the parent or guardian of the child and to the 414
victim. 415
Section 5. Section 985.125, Florida Statutes, is amended 416
to read: 417
985.125 Prearrest or Postarrest diversion programs. — 418
(1) A law enforcement agency or school district, in 419
cooperation with the state attorney, may establish a prearrest 420
or postarrest diversion program. 421
(2) As part of the prearrest or postarrest diversion 422
program, a child who is alleged to have committed a delinquent 423
act may be required to surrender his or her driver license, or 424
refrain from applying for a driver license, for not more than 90 425
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days. If the child fails to comply with the requirements of the 426
program, the state attorney may notify the Department of Highway 427
Safety and Motor Vehicles in writing to suspend the child's 428
driver license for a period that may not exceed 90 days. 429
Section 6. Subsections (5) and (6) of section 985.126, 430
Florida Statutes, are renumbered as subsections (6) and (7), 431
respectively, subsections (3) and (4) of that section are 432
amended, and a new subsection (5) is added to that section, to 433
read: 434
985.126 Prearrest and postarrest diversion programs; data 435
collection; denial of participation or expunged record. — 436
(3)(a) Beginning October 1, 2018, Each diversion program 437
shall submit data to the department which identifies for each 438
minor participating in the diversion program: 439
1. The race, ethnicity, gender, and age of that minor. 440
2. The offense committed, including the sp ecific law 441
establishing the offense. 442
3. The judicial circuit and county in which the offense 443
was committed and the law enforcement agency that had contact 444
with the minor for the offense. 445
4. Other demographic information necessary to properly 446
register a case into the Juvenile Justice Information System 447
Prevention Web, as specified by the department. 448
(b) Beginning October 1, 2018, Each law enforcement agency 449
shall submit to the department data for every minor charged for 450
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the first-time, who is charged w ith a misdemeanor, and who was 451
that identifies for each minor who was eligible for a diversion 452
program, but was instead referred to the department, provided a 453
notice to appear, or arrested: 454
1. The data required pursuant to paragraph (a). 455
2. Whether the minor was offered the opportunity to 456
participate in a diversion program. If the minor was: 457
a. Not offered such opportunity, the reason such offer was 458
not made. 459
b. Offered such opportunity, whether the minor or his or 460
her parent or legal guardian decli ned to participate in the 461
diversion program. 462
(c) The data required pursuant to paragraph (a) shall be 463
entered into the Juvenile Justice Information System Prevention 464
Web within 7 days after the youth's admission into the program. 465
(d) The data required pursuant to paragraph (b) shall be 466
submitted on or with the arrest affidavit or notice to appear. 467
(4) Beginning January 1, 2019, The department shall 468
compile and semiannually publish the data required by subsection 469
(3) on the department's website in a fo rmat that is, at a 470
minimum, sortable by judicial circuit, county, law enforcement 471
agency, race, ethnicity, gender, age, and offense committed. 472
(5) The department shall provide a quarterly report to be 473
published on its website and distributed to the Gover nor, 474
President of the Senate, and Speaker of the House of 475
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Representatives listing the entities that use prearrest 476
delinquency citations for less than 70 percent of first -time 477
misdemeanor offenses. 478
Section 7. Subsection (4) of section 985.245, Florida 479
Statutes, is amended to read: 480
985.245 Risk assessment instrument. — 481
(4) For a child who is under the supervision of the 482
department through probation, supervised release detention, 483
conditional release, postcommitment probation, or commitment and 484
who is charged with committing a new offense, the risk 485
assessment instrument may be completed and scored based on the 486
underlying charge for which the child was placed under the 487
supervision of the department. 488
Section 8. Subsection (1) of section 985.25, Florida 489
Statutes, is amended to read: 490
985.25 Detention intake. — 491
(1) The department shall receive custody of a child who 492
has been taken into custody from the law enforcement agency or 493
court and shall review the facts in the law enforcement report 494
or probable cause affidavit and make such further inquiry as may 495
be necessary to determine whether detention care is appropriate. 496
(a) During the period of time from the taking of the child 497
into custody to the date of the detention hearing, the initial 498
decision as to the child's placement into detention care shall 499
be made by the department under ss. 985.24 and 985.245(1). 500
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(b) The department shall base the decision whether to 501
place the child into detention care on an assessment of risk in 502
accordance with the risk asses sment instrument and procedures 503
developed by the department under s. 985.245, except that a 504
child shall be placed in secure detention care until the child's 505
detention hearing if the child meets the criteria specified in 506
s. 985.255(1)(f), is charged with po ssessing or discharging a 507
firearm on school property in violation of s. 790.115, or is 508
charged with any other offense involving the possession or use 509
of a firearm. 510
(c) If the final score on the child's risk assessment 511
instrument indicates detention care is appropriate, but the 512
department otherwise determines the child should be released, 513
the department shall contact the state attorney, who may 514
authorize release. 515
(d) If the final score on the risk assessment instrument 516
indicates detention is not appropri ate, the child may be 517
released by the department in accordance with ss. 985.115 and 518
985.13. 519
(e) Notwithstanding any other provision of law, a child 520
who is arrested for violating the terms of his or her electronic 521
monitoring supervision or his or her supe rvised release shall be 522
placed in secure detention until his or her detention hearing. 523
(f) Notwithstanding any other provision of law, a child on 524
probation for an underlying felony firearm offense in chapter 525
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790 and who is taken into custody under s. 985 .101 for violating 526
conditions of probation not involving a new law violation shall 527
be held in secure detention to allow the state attorney to 528
review the violation. If, within 21 days, the state attorney 529
notifies the court that commitment will be sought, th en the 530
child shall remain in secure detention pending proceedings under 531
s. 985.439 until the initial 21 -day period of secure detention 532
has expired. Upon motion of the state attorney, the child may be 533
held for an additional 21 -day period if the court finds that the 534
totality of the circumstances, including the preservation of 535
public safety, warrants such extension. Any release from secure 536
detention shall result in the child being held on supervised 537
release with electronic monitoring pending proceedings under s. 538
985.439. 539
540
Under no circumstances shall the department or the state 541
attorney or law enforcement officer authorize the detention of 542
any child in a jail or other facility intended or used for the 543
detention of adults, without an order of the court. 544
Section 9. Paragraph (a) of subsection (1) and subsection 545
(3) of section 985.255, Florida Statutes, are amended, and 546
paragraphs (g) and (h) are added to subsection (1) of that 547
section, to read: 548
985.255 Detention criteria; detention hearing. — 549
(1) Subject to s. 985.25(1), a child taken into custody 550
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and placed into detention care shall be given a hearing within 551
24 hours after being taken into custody. At the hearing, the 552
court may order a continued detention status if: 553
(a) The result of the risk assessm ent instrument pursuant 554
to s. 985.245 indicates secure or supervised release detention 555
or the court makes the findings required under paragraph (3)(b) . 556
(g) The court finds probable cause at the detention 557
hearing that the child committed one or more of th e following 558
offenses: 559
1. Murder in the first degree under s. 782.04(1)(a). 560
2. Murder in the second degree under s. 782.04(2). 561
3. Armed robbery under s. 812.13(2)(a) that involves the 562
use or possession of a firearm as defined in s. 790.001. 563
4. Armed carjacking under s. 812.133(2)(a) that involves 564
the use or possession of a firearm as defined in s. 790.001. 565
5. Having a firearm while committing a felony under s. 566
790.07(2). 567
6. Armed burglary under s. 810.02(2)(b) that involves the 568
use or possession of a firearm as defined in s. 790.001. 569
7. Delinquent in possession of a firearm under s. 570
790.23(1)(b). 571
8. An attempt to commit any offense listed in this 572
paragraph under s. 777.04. 573
(h) For a child who meets the criteria in paragraph (g): 574
1. There is a presumption that the child presents a risk 575
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to public safety and danger to the community and such child must 576
be held in secure detention prior to an adjudicatory hearing, 577
unless the court enters a written order that the child would not 578
present a risk to public safety or a danger to the community if 579
he or she were placed on supervised release detention care. 580
2. The written order releasing a child from secure 581
detention must be based on clear and convincing evidence why the 582
child does not present a r isk to public safety or a danger to 583
the community and must list the child's prior adjudications, 584
dispositions, and prior violations of pretrial release orders. A 585
court releasing a child from secure detention under this 586
subparagraph shall place the child on supervised release 587
detention care with electronic monitoring until the child's 588
adjudicatory hearing. 589
3. If an adjudicatory hearing has not taken place after 60 590
days of secure detention for a child held in secure detention 591
under this paragraph, the cour t must prioritize the efficient 592
disposition of cases and hold a review hearing within each 593
successive 7-day review period until the adjudicatory hearing or 594
until the child is placed on supervised release with electronic 595
monitoring under subparagraph 2. 596
4. If the court, under this section, releases a child to 597
supervised release detention care, the court must provide a copy 598
of the written order to the victim, to the law enforcement 599
agency that arrested the child, and to the law enforcement 600
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agency with primary jurisdiction over the child's primary 601
residence. 602
(3)(a) The purpose of the detention hearing required under 603
subsection (1) is to determine the existence of probable cause 604
that the child has committed the delinquent act or violation of 605
law that he or she is charged with and the need for continued 606
detention. The court shall consider use the results of the risk 607
assessment performed by the department and, based on the 608
criteria in subsection (1), shall determine the need for 609
continued detention. If the chi ld is a prolific juvenile 610
offender who is detained under s. 985.26(2)(c), the court shall 611
consider use the results of the risk assessment performed by the 612
department and the criteria in subsection (1) or subsection (2) 613
only to determine whether the prolifi c juvenile offender should 614
be held in secure detention. 615
(b) If The court may order orders a placement more or less 616
restrictive than indicated by the results of the risk assessment 617
instrument, and, if the court does so, shall state, in writing, 618
clear and convincing reasons for such placement. 619
(c) Except as provided in s. 790.22(8) or s. 985.27, when 620
a child is placed into detention care, or into a respite home or 621
other placement pursuant to a court order following a hearing, 622
the court order must include specific instructions that direct 623
the release of the child from such placement no later than 5 624
p.m. on the last day of the detention period specified in s. 625
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985.26 or s. 985.27, whichever is applicable, unless the 626
requirements of such applicable provision h ave been met or an 627
order of continuance has been granted under s. 985.26(4). If the 628
court order does not include a release date, the release date 629
shall be requested from the court on the same date that the 630
child is placed in detention care. If a subsequent hearing is 631
needed to provide additional information to the court for safety 632
planning, the initial order placing the child in detention care 633
shall reflect the next detention review hearing, which shall be 634
held within 3 calendar days after the child's initi al detention 635
placement. 636
Section 10. Paragraph (b) of subsection (2) of section 637
985.26, Florida Statutes, is amended to read: 638
985.26 Length of detention. — 639
(2) 640
(b) The court may order the child to be held in secure 641
detention beyond 21 days under the following circumstances: 642
1. Upon good cause being shown that the nature of the 643
charge requires additional time for the prosecution or defense 644
of the case or that the totality of the circumstances, including 645
the preservation of public safety, warrants an extension, the 646
court may extend the length of secure detention care for up to 647
an additional 21 days if the child is charged with an offense 648
which, if committed by an adult, would be a capital felony, a 649
life felony, a felony of the first degree or the seco nd degree, 650
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a felony of the third degree involving violence against any 651
individual, or any other offense involving the possession or use 652
of a firearm. Except as otherwise provided in subparagraph 2., 653
the court may continue to extend the period of secure det ention 654
care in increments of up to 21 days each by conducting a hearing 655
before the expiration of the current period to determine the 656
need for continued secure detention of the child. At the 657
hearing, the court must make the required findings in writing to 658
extend the period of secure detention. If the court extends the 659
time period for secure detention care, it shall ensure an 660
adjudicatory hearing for the case commences as soon as is 661
reasonably possible considering the totality of the 662
circumstances. The court shall prioritize the efficient 663
disposition of cases in which the child has served 60 or more 664
days in secure detention care. 665
2. When the child is being held in secure detention under 666
s. 985.255(1)(g), and subject to s. 985.255(1)(h). 667
Section 11. Paragraph (d) is added to subsection (7) of 668
section 985.433, Florida Statutes, and subsections (8) and (9) 669
of that section are amended, to read: 670
985.433 Disposition hearings in delinquency cases. —When a 671
child has been found to have committed a delinquent act, the 672
following procedures shall be applicable to the disposition of 673
the case: 674
(7) If the court determines that the child should be 675
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adjudicated as having committed a delinquent act and should be 676
committed to the department, such determination shall be in 677
writing or on the record of the hearing. The determination shall 678
include a specific finding of the reasons for the decision to 679
adjudicate and to commit the child to the department, including 680
any determination that the child was a member of a criminal 681
gang. 682
(d) Any child adjudicated by the court and committed to 683
the department under a restrictiveness level described in s. 684
985.03(44)(a)–(d), for any offense or attempted offense 685
involving a firearm must be placed on conditional release, as 686
defined in s. 985.03, for a period of 1 year following his or 687
her release from a commitment program. Such term of conditional 688
release shall include electronic monitoring of the child by the 689
department for the initial 6 months following his or her release 690
and at times and under terms and conditions set by the 691
department. 692
(8) If the court determines not to adjudicate and commit 693
to the department, then the court shall determine what 694
community-based sanctions it will impose in a probation program 695
for the child. Community -based sanctions may include, but are 696
not limited to, participation in substance abuse treatment, a 697
day-treatment probation program, restitution in money or in 698
kind, a curfew, revocation or suspension of the driver license 699
of the child, community service, and ap propriate educational 700
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programs as determined by the district school board. 701
(a)1. Where a child is found to have committed an offense 702
that involves the use or possession of a firearm, as defined in 703
s. 790.001, other than a violation of s. 790.22(3), or is found 704
to have committed an offense during the commission of which the 705
child possessed a firearm, and the court has decided not to 706
commit the child to a residential program, the court shall order 707
the child, in addition to any other punishment provided by l aw, 708
to: 709
a. Serve a period of detention of 30 days in a secure 710
detention facility, with credit for time served in secure 711
detention prior to disposition. 712
b. Perform 100 hours of community service or paid work as 713
determined by the department. 714
c. Be placed on probation for a period of at least 1 year. 715
Such term of probation shall include electronic monitoring of 716
the child by the department at times and under terms and 717
conditions set by the department. 718
2. In addition to the penalties in subparagraph 1., the 719
court may impose the following restrictions upon the child's 720
driving privileges: 721
a. If the child is eligible by reason of age for a driver 722
license or driving privilege, the court may direct the 723
Department of Highway Safety and Motor Vehicles to revok e or to 724
withhold issuance of the child's driver license or driving 725
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privilege for up to 1 year. 726
b. If the child's driver license or driving privilege is 727
under suspension or revocation for any reason, the court may 728
direct the Department of Highway Safety a nd Motor Vehicles to 729
extend the period of suspension or revocation by an additional 730
period for up to 1 year. 731
c. If the child is ineligible by reason of age for a 732
driver license or driving privilege, the court may direct the 733
Department of Highway Safety a nd Motor Vehicles to withhold 734
issuance of the minor's driver license or driving privilege for 735
up to 1 year after the date on which the child would otherwise 736
have become eligible. 737
738
For the purposes of this paragraph, community service shall be 739
performed, if possible, in a manner involving a hospital 740
emergency room or other medical environment that deals on a 741
regular basis with trauma patients and gunshot wounds. 742
(b) A child who has previously had adjudication withheld 743
for any of the following offenses shal l not be eligible for a 744
second or subsequent withhold of adjudication if he or she is 745
subsequently found to have committed any of the following 746
offenses, and must be adjudicated delinquent and committed to a 747
residential program: 748
1. Armed robbery involvin g a firearm under s. 749
812.13(2)(a). 750
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2. Armed carjacking under s. 812.133(2)(a) involving the 751
use or possession of a firearm as defined in s. 790.001. 752
3. Having a firearm while committing a felony under s. 753
790.07(2). 754
4. Armed burglary under s. 810.02(2) (b) involving the use 755
or possession of a firearm as defined in s. 790.001. 756
5. Delinquent in possession of a firearm under s. 757
790.23(1)(b). 758
6. An attempt to commit any offense listed in this 759
paragraph under s. 777.04. 760
(9) After appropriate sanctions for the offense are 761
determined, including any minimum sanctions required by this 762
section, the court shall develop, approve, and order a plan of 763
probation that will contain rules, requirements, conditions, and 764
rehabilitative programs, including the option o f a day-treatment 765
probation program, that are designed to encourage responsible 766
and acceptable behavior and to promote both the rehabilitation 767
of the child and the protection of the community. 768
Section 12. Subsections (1), (3), and (4) of section 769
985.435, Florida Statutes, are amended to read: 770
985.435 Probation and postcommitment probation ; community 771
service.— 772
(1) The court that has jurisdiction over an adjudicated 773
delinquent child may, by an order stating the facts upon which a 774
determination of a sa nction and rehabilitative program was made 775
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at the disposition hearing, place the child in a probation 776
program or a postcommitment probation program . Such placement 777
must be under the supervision of an authorized agent of the 778
department or of any other perso n or agency specifically 779
authorized and appointed by the court, whether in the child's 780
own home, in the home of a relative of the child, or in some 781
other suitable place under such reasonable conditions as the 782
court may direct. 783
(3) A probation program mus t also include a rehabilitative 784
program component such as a requirement of participation in 785
substance abuse treatment or in a school or career and technical 786
education program. The nonconsent of the child to treatment in a 787
substance abuse treatment program in no way precludes the court 788
from ordering such treatment. Upon the recommendation of the 789
department at the time of disposition, or subsequent to 790
disposition pursuant to the filing of a petition alleging a 791
violation of the child's conditions of postcommitment probation, 792
the court may order the child to submit to random testing for 793
the purpose of detecting and monitoring the use of alcohol or 794
controlled substances. 795
(4) A probation program must may also include an 796
alternative consequence component to addre ss instances in which 797
a child is noncompliant with technical conditions of his or her 798
probation but has not committed any new violations of law. The 799
alternative consequence component must be aligned with the 800
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department's graduated response matrix as descri bed in s. 801
985.438 Each judicial circuit shall develop, in consultation 802
with judges, the state attorney, the public defender, the 803
regional counsel, relevant law enforcement agencies, and the 804
department, a written plan specifying the alternative 805
consequence component which must be based upon the principle 806
that sanctions must reflect the seriousness of the violation, 807
the assessed criminogenic needs and risks of the child, the 808
child's age and maturity level, and how effective the sanction 809
or incentive will be i n moving the child to compliant behavior. 810
The alternative consequence component is designed to provide 811
swift and appropriate consequences or incentives to a child who 812
is alleged to be noncompliant with or in violation of probation. 813
If the probation program includes this component, specific 814
consequences that apply to noncompliance with specific technical 815
conditions of probation, as well as incentives used to move the 816
child toward compliant behavior, must be detailed in the 817
disposition order. 818
Section 13. Section 985.438, Florida Statutes, is created 819
to read: 820
985.438 Graduated response matrix. — 821
(1) The department shall create and administer a statewide 822
plan to hold youths accountable to the terms of their court 823
ordered probation and the terms of their conditional release. 824
The plan must be based upon the principle that sanctions must 825
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reflect the seriousness of the violation, provide immediate 826
accountability for violations, the assessed criminogenic needs 827
and risks of the child, and the child's age and maturity level. 828
The plan is designed to provide swift and appropriate 829
consequences or incentives to a child who is alleged to be 830
noncompliant with or in violation of his or her probation. 831
(2) The graduated response matrix shall outline sanctions 832
for youth based on their risk to reoffend and shall include, but 833
not be limited to: 834
(a) Increased contacts. 835
(b) Increased drug tests. 836
(c) Curfew reductions. 837
(d) Increased community service. 838
(e) Additional evaluations. 839
(f) Addition of electronic monitoring. 840
(3) The graduated response matrix shall be adopted in rule 841
by the department. 842
Section 14. Section 985.439, Florida Statutes, is amended 843
to read: 844
985.439 Violation of probation or postcommitment 845
probation.— 846
(1)(a) This section is applicable when the court has 847
jurisdiction over a child on probation or postcommitment 848
probation, regardless of adjudication. 849
(b) If the conditions of the probation program or the 850
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postcommitment probation program are violated, the department or 851
the state attorney may bring the child before the court on a 852
petition alleging a violation of the program. A child who 853
violates the conditions of probation or postcommitment probation 854
must be brought before the court if san ctions are sought. 855
(c) Upon receiving notice of a violation of probation from 856
the department, the state attorney must file the violation 857
within 5 days or provide in writing to the department and the 858
court the reason as to why he or she is not filing. 859
(2) A child taken into custody under s. 985.101 for 860
violating the conditions of probation shall be screened and 861
detained or released based on his or her risk assessment 862
instrument score. 863
(3) If the child denies violating the conditions of 864
probation or postcommitment probation , the court shall, upon the 865
child's request, appoint counsel to represent the child. 866
(4) Upon the child's admission, or if the court finds 867
after a hearing that the child has violated the conditions of 868
probation or postcommitment prob ation, the court shall enter an 869
order revoking, modifying, or continuing probation or 870
postcommitment probation . In each such case, the court shall 871
enter a new disposition order and, in addition to the sanctions 872
set forth in this section, may impose any san ction the court 873
could have imposed at the original disposition hearing. If the 874
child is found to have violated the conditions of probation or 875
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postcommitment probation , the court may: 876
(a) Place the child in supervised release detention with 877
electronic monitoring. 878
(b) If the violation of probation is technical in nature 879
and not a new violation of law, place the child in an 880
alternative consequence program designed to provide swift and 881
appropriate consequences to any further violations of probation. 882
1. Alternative consequence programs shall be established, 883
within existing resources, at the local level in coordination 884
with law enforcement agencies, the chief judge of the circuit, 885
the state attorney, and the public defender. 886
2. Alternative consequence prog rams may be operated by an 887
entity such as a law enforcement agency, the department, a 888
juvenile assessment center, a county or municipality, or another 889
entity selected by the department. 890
3. Upon placing a child in an alternative consequence 891
program, the court must approve specific consequences for 892
specific violations of the conditions of probation. 893
(c) Modify or continue the child's probation program or 894
postcommitment probation program . 895
(d) Revoke probation or postcommitment probation and 896
commit the child to the department. 897
(e) Allow the department to place a child on electronic 898
monitoring for a violation of probation if it determines doing 899
so will preserve and protect public safety. 900
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(5) Upon the recommendation of the department at the time 901
of disposition, or subsequent to disposition pursuant to the 902
filing of a petition alleging a violation of the child's 903
conditions of postcommitment probation, the court may order the 904
child to submit to random testing for the purpose of detecting 905
and monitoring the use of alcohol or controlled substances. 906
Section 15. Subsection (5) is added to section 985.455, 907
Florida Statutes, to read: 908
985.455 Other dispositional issues. — 909
(5) If the court orders revocation or suspension of a 910
child's driver license as part of a disposition, the court may, 911
upon finding a compelling circumstance to warrant an exception, 912
direct the Department of Highway Safety and Motor Vehicles to 913
issue a license for driving privileges restricted to business or 914
employment purposes only, as defin ed in s. 322.271. 915
Section 16. Subsections (2), (3), and (5) of section 916
985.46, Florida Statutes, are amended, and subsection (6) is 917
added to that section, to read: 918
985.46 Conditional release. — 919
(2) It is the intent of the Legislature that: 920
(a) Commitment programs include rehabilitative efforts on 921
preparing committed juveniles for a successful release to the 922
community. 923
(b) Conditional release transition planning begins as 924
early in the commitment process as possible. 925
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(c) Each juvenile committe d to a residential commitment 926
program receive conditional release services be assessed to 927
determine the need for conditional release services upon release 928
from the commitment program unless the juvenile is directly 929
released by the court . 930
(3) For juveniles referred or committed to the department, 931
the function of the department may include, but shall not be 932
limited to, supervising each juvenile on conditional release 933
when assessing each juvenile placed in a residential commitment 934
program to determine the ne ed for conditional release services 935
upon release from the program, supervising the juvenile when 936
released into the community from a residential commitment 937
facility of the department, providing such counseling and other 938
services as may be necessary for the families and assisting 939
their preparations for the return of the child. Subject to 940
specific appropriation, the department shall provide for 941
outpatient sexual offender counseling for any juvenile sexual 942
offender released from a residential commitment program as a 943
component of conditional release. 944
(5) Conditional release supervision shall contain, at a 945
minimum, the following conditions: 946
(a)(5) Participation in the educational program by 947
students of compulsory school attendance age pursuant to s. 948
1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 949
conditional release or postcommitment probation status . A 950
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student of noncompulsory school -attendance age who has not 951
received a high school diploma or its equivalent must 952
participate in an educational program or career and technical 953
education course of study. A youth who has received a high 954
school diploma or its equivalent and is not employed must 955
participate in workforce development or other career or 956
technical education or attend a community college o r a 957
university while in the program , subject to available funding . 958
(b) A curfew. 959
(c) A prohibition on contact with victims, co -defendants, 960
or known gang members. 961
(d) A prohibition on use of controlled substances. 962
(e) A prohibition on possession of firearms. 963
(6) A youth who violates the terms of his or her 964
conditional release shall be assessed using the graduated 965
response matrix as described in s. 985.438. A youth who fails to 966
move into compliance shall be recommitted to a residential 967
facility. 968
Section 17. Paragraph (c) of subsection (1) of section 969
985.48, Florida Statutes, is amended to read: 970
985.48 Juvenile sexual offender commitment programs; 971
sexual abuse intervention networks. — 972
(1) In order to provide intensive treatment and 973
psychological services to a juvenile sexual offender committed 974
to the department, it is the intent of the Legislature to 975
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establish programs and strategies to effectively respond to 976
juvenile sexual offenders. In designing programs for juvenile 977
sexual offenders, it is t he further intent of the Legislature to 978
implement strategies that include: 979
(c) Providing intensive postcommitment supervision of 980
juvenile sexual offenders who are released into the community 981
with terms and conditions which may include electronic 982
monitoring of a juvenile sexual offender for the purpose of 983
enhancing public safety. 984
Section 18. Paragraph (a) of subsection (6) of section 985
985.4815, Florida Statutes, is amended to read: 986
985.4815 Notification to Department of Law Enforcement of 987
information on juvenile sexual offenders. — 988
(6)(a) The information provided to the Department of Law 989
Enforcement must include the following: 990
1. The information obtained from the sexual offender under 991
subsection (4). 992
2. The sexual offender's most current address a nd place of 993
permanent, temporary, or transient residence within the state or 994
out of state, and address, location or description, and dates of 995
any current or known future temporary residence within the state 996
or out of state, while the sexual offender is in the care or 997
custody or under the jurisdiction or supervision of the 998
department in this state, including the name of the county or 999
municipality in which the offender permanently or temporarily 1000
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resides, or has a transient residence, and address, location or 1001
description, and dates of any current or known future temporary 1002
residence within the state or out of state; and, if known, the 1003
intended place of permanent, temporary, or transient residence, 1004
and address, location or description, and dates of any current 1005
or known future temporary residence within the state or out of 1006
state upon satisfaction of all sanctions. 1007
3. The legal status of the sexual offender and the 1008
scheduled termination date of that legal status. 1009
4. The location of, and local telephone number fo r, any 1010
department office that is responsible for supervising the sexual 1011
offender. 1012
5. An indication of whether the victim of the offense that 1013
resulted in the offender's status as a sexual offender was a 1014
minor. 1015
6. The offense or offenses at adjudication and disposition 1016
that resulted in the determination of the offender's status as a 1017
sex offender. 1018
7. A digitized photograph of the sexual offender, which 1019
must have been taken within 60 days before the offender was 1020
released from the custody of the department or a private 1021
correctional facility by expiration of sentence under s. 1022
944.275, or within 60 days after the onset of the department's 1023
supervision of any sexual offender who is on probation, 1024
postcommitment probation, residential commitment, nonresidential 1025
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commitment, licensed child -caring commitment, community control, 1026
conditional release, parole, provisional release, or control 1027
release or who is supervised by the department under the 1028
Interstate Compact Agreement for Probationers and Parolees. If 1029
the sexual offender is in the custody of a private correctional 1030
facility, the facility shall take a digitized photograph of the 1031
sexual offender within the time period provided in this 1032
subparagraph and shall provide the photograph to the department. 1033
Section 19. Subsection (11) of section 985.601, Florida 1034
Statutes, is renumbered as subsection (12), and a new subsection 1035
(11) is added to that section, to read: 1036
985.601 Administering the juvenile justice continuum. — 1037
(11) The department shall establish a class focused on the 1038
risk and consequences of youthful firearm offending which shall 1039
be provided by the department to any youth who has been 1040
adjudicated or had adjudication withheld for any offense 1041
involving the use or possession of a firearm. 1042
Section 20. Section 985.711, Florida Statutes, is amended 1043
to read: 1044
985.711 Introduction, removal, or possession of certain 1045
articles unlawful; penalty. — 1046
(1)(a) Except as authorized through program policy or 1047
operating procedure or as authorized by the facility 1048
superintendent, program director, or manager, a person may not 1049
introduce into or upon the grounds of a juvenile detention 1050
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facility or commitment program, or take or send, or attempt to 1051
take or send, from a juvenile detention facility or commitment 1052
program, any of the following articles, which are declared to be 1053
contraband under this section: 1054
1. Any unauthorized article of food or clothing given or 1055
transmitted, or intended to be given or transmitted, to any 1056
youth in a juvenile detention facility or commitment pro gram. 1057
2. Any intoxicating beverage or any beverage that causes 1058
or may cause an intoxicating effect. 1059
3. Any controlled substance as defined in s. 893.02(4), 1060
marijuana as defined in s. 381.986, hemp as defined in s. 1061
581.217, industrial hemp as defined in s. 1004.4473, or any 1062
prescription or nonprescription drug that has a hypnotic, 1063
stimulating, or depressing effect. 1064
4. Any firearm or weapon of any kind or any explosive 1065
substance. 1066
5. Any cellular telephone or other portable communication 1067
device as described in s. 944.47(1)(a)6., intentionally and 1068
unlawfully introduced inside the secure perimeter of any 1069
juvenile detention facility or commitment program. As used in 1070
this subparagraph, the term "portable communication device" does 1071
not include any device tha t has communication capabilities which 1072
has been approved or issued by the facility superintendent, 1073
program director, or manager. 1074
6. Any vapor-generating electronic device as defined in s. 1075
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386.203, intentionally and unlawfully introduced inside the 1076
secure perimeter of any juvenile detention facility or 1077
commitment program. 1078
7. Any currency or coin given or transmitted, or intended 1079
to be given or transmitted, to any youth in any juvenile 1080
detention facility or commitment program. 1081
8. Any cigarettes, as defi ned in s. 210.01(1) or tobacco 1082
products, as defined in s. 210.25, given, or intended to be 1083
given, to any youth in a juvenile detention facility or 1084
commitment program. 1085
(b) A person may not transmit contraband to, cause 1086
contraband to be transmitted to or r eceived by, attempt to 1087
transmit contraband to, or attempt to cause contraband to be 1088
transmitted to or received by, a juvenile offender into or upon 1089
the grounds of a juvenile detention facility or commitment 1090
program, except as authorized through program pol icy or 1091
operating procedures or as authorized by the facility 1092
superintendent, program director, or manager. 1093
(c) A juvenile offender or any person, while upon the 1094
grounds of a juvenile detention facility or commitment program, 1095
may not be in actual or const ructive possession of any article 1096
or thing declared to be contraband under this section, except as 1097
authorized through program policy or operating procedures or as 1098
authorized by the facility superintendent, program director, or 1099
manager. 1100
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(d) Department staff may use canine units on the grounds 1101
of a juvenile detention facility or commitment program to locate 1102
and seize contraband and ensure security within such facility or 1103
program. 1104
(2)(a) Any person who violates this section as it pertains 1105
to an article of contraband described in subparagraph (1)(a)1. 1106
commits a felony of the third degree, punishable as provided in 1107
s. 775.082, s. 775.083, or s. 775.084. 1108
(b) Any person who violates this section as it pertains to 1109
an article of contraband described in subparag raph (1)(a)5. or 1110
subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1111
punishable as provided in s. 775.082 or s. 775.083. 1112
(c) In all other cases, A person who violates this section 1113
commits a felony of the second degree, punishable as provided in 1114
s. 775.082, s. 775.083, or s. 775.084. 1115
Section 21. Paragraph (c) of subsection (2) of section 1116
1002.221, Florida Statutes, is amended to read: 1117
1002.221 K-12 education records; public records 1118
exemption.— 1119
(2) 1120
(c) In accordance with the FERPA and the federal 1121
regulations issued pursuant to the FERPA, an agency or 1122
institution, as defined in s. 1002.22, may release a student's 1123
education records without wri tten consent of the student or 1124
parent to parties to an interagency agreement among the 1125
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Department of Juvenile Justice, the school, law enforcement 1126
authorities, and other signatory agencies. Information provided 1127
pursuant to an interagency agreement may be u sed for proceedings 1128
initiated under chapter 984 or chapter 985 in furtherance of an 1129
interagency agreement is intended solely for use in determining 1130
the appropriate programs and services for each juvenile or the 1131
juvenile's family, or for coordinating the de livery of the 1132
programs and services, and as such is inadmissible in any court 1133
proceeding before a dispositional hearing unless written consent 1134
is provided by a parent or other responsible adult on behalf of 1135
the juvenile. 1136
Section 22. Paragraph (b) of su bsection (3) of section 1137
943.051, Florida Statutes, is amended to read: 1138
943.051 Criminal justice information; collection and 1139
storage; fingerprinting. — 1140
(3) 1141
(b) A minor who is charged with or found to have committed 1142
the following offenses shall be finger printed and the 1143
fingerprints shall be submitted electronically to the 1144
department, unless the minor is issued a prearrest delinquency 1145
civil citation pursuant to s. 985.12: 1146
1. Assault, as defined in s. 784.011. 1147
2. Battery, as defined in s. 784.03. 1148
3. Carrying a concealed weapon, as defined in s. 1149
790.01(2). 1150
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4. Unlawful use of destructive devices or bombs, as 1151
defined in s. 790.1615(1). 1152
5. Neglect of a child, as defined in s. 827.03(1)(e). 1153
6. Assault or battery on a law enforcement officer, a 1154
firefighter, or other specified officers, as defined in s. 1155
784.07(2)(a) and (b). 1156
7. Open carrying of a weapon, as defined in s. 790.053. 1157
8. Exposure of sexual organs, as defined in s. 800.03. 1158
9. Unlawful possession of a firearm, as defined in s. 1159
790.22(5). 1160
10. Petit theft, as defined in s. 812.014(3). 1161
11. Cruelty to animals, as defined in s. 828.12(1). 1162
12. Arson, as defined in s. 806.031(1). 1163
13. Unlawful possession or discharge of a weapon or 1164
firearm at a school-sponsored event or on school property , as 1165
provided in s. 790.115. 1166
Section 23. Paragraph (b) of subsection (1) of section 1167
985.11, Florida Statutes, is amended to read: 1168
985.11 Fingerprinting and photographing. — 1169
(1) 1170
(b) Unless the child is issued a prearrest delinquency 1171
civil citation or is participating in a similar diversion 1172
program pursuant to s. 985.12, a child who is charged with or 1173
found to have committed one of the following offenses shall be 1174
fingerprinted, and the fingerprints shall be submitted to the 1175
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Department of Law Enforceme nt as provided in s. 943.051(3)(b): 1176
1. Assault, as defined in s. 784.011. 1177
2. Battery, as defined in s. 784.03. 1178
3. Carrying a concealed weapon, as defined in s. 1179
790.01(2). 1180
4. Unlawful use of destructive devices or bombs, as 1181
defined in s. 790.1615(1) . 1182
5. Neglect of a child, as defined in s. 827.03(1)(e). 1183
6. Assault on a law enforcement officer, a firefighter, or 1184
other specified officers, as defined in s. 784.07(2)(a). 1185
7. Open carrying of a weapon, as defined in s. 790.053. 1186
8. Exposure of sexua l organs, as defined in s. 800.03. 1187
9. Unlawful possession of a firearm, as defined in s. 1188
790.22(5). 1189
10. Petit theft, as defined in s. 812.014. 1190
11. Cruelty to animals, as defined in s. 828.12(1). 1191
12. Arson, resulting in bodily harm to a firefighter, as 1192
defined in s. 806.031(1). 1193
13. Unlawful possession or discharge of a weapon or 1194
firearm at a school-sponsored event or on school property as 1195
defined in s. 790.115. 1196
1197
A law enforcement agency may fingerprint and photograph a child 1198
taken into custody upon probable cause that such child has 1199
committed any other violation of law, as the agency deems 1200
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appropriate. Such fingerprint records and photographs shall be 1201
retained by the law enforcement agency in a separate file, and 1202
these records and all copies thereof must be marked "Juvenile 1203
Confidential." These records are not available for public 1204
disclosure and inspection under s. 119.07(1) except as provided 1205
in ss. 943.053 and 98 5.04(2), but shall be available to other 1206
law enforcement agencies, criminal justice agencies, state 1207
attorneys, the courts, the child, the parents or legal 1208
custodians of the child, their attorneys, and any other person 1209
authorized by the court to have access to such records. In 1210
addition, such records may be submitted to the Department of Law 1211
Enforcement for inclusion in the state criminal history records 1212
and used by criminal justice agencies for criminal justice 1213
purposes. These records may, in the discretion of the court, be 1214
open to inspection by anyone upon a showing of cause. The 1215
fingerprint and photograph records shall be produced in the 1216
court whenever directed by the court. Any photograph taken 1217
pursuant to this section may be shown by a law enforcement 1218
officer to any victim or witness of a crime for the purpose of 1219
identifying the person who committed such crime. 1220
Section 24. Paragraph (n) of subsection (2) of section 1221
1006.07, Florida Statutes, is amended to read: 1222
1006.07 District school board duties re lating to student 1223
discipline and school safety. —The district school board shall 1224
provide for the proper accounting for all students, for the 1225
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attendance and control of students at school, and for proper 1226
attention to health, safety, and other matters relating to the 1227
welfare of students, including: 1228
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1229
conduct for elementary schools and a code of student conduct for 1230
middle and high schools and distribute the appropriate code to 1231
all teachers, school personnel, s tudents, and parents, at the 1232
beginning of every school year. Each code shall be organized and 1233
written in language that is understandable to students and 1234
parents and shall be discussed at the beginning of every school 1235
year in student classes, school advisor y council meetings, and 1236
parent and teacher association or organization meetings. Each 1237
code shall be based on the rules governing student conduct and 1238
discipline adopted by the district school board and shall be 1239
made available in the student handbook or simi lar publication. 1240
Each code shall include, but is not limited to: 1241
(n) Criteria for recommending to law enforcement that a 1242
student who commits a criminal offense be allowed to participate 1243
in a prearrest delinquency citation civil citation or similar 1244
prearrest diversion program as an alternative to expulsion or 1245
arrest. All prearrest delinquency citation civil citation or 1246
similar prearrest diversion programs must comply with s. 985.12. 1247
Section 25. This act shall take effect July 1, 2024. 1248