This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1181b.JUA
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1181 Juvenile Justice
SPONSOR(S): Criminal Justice Subcommittee, Jacques
TIED BILLS: IDEN./SIM. BILLS: SB 1274
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 14 Y, 3 N, As CS Padgett Hall
2) Justice Appropriations Subcommittee Saag Keith
3) Judiciary Committee
SUMMARY ANALYSIS
CS/HB 1181 amends several statutes relating to the Department of Juvenile Justice (DJJ), the juvenile justice
system, and juvenile firearm possession and use. Specifically, the bill:
Amends s. 790.22, F.S., to increase the criminal penalty if a minor under 18 years of age unlawfully possesses
a firearm from a first degree misdemeanor to a third degree felony and imposes a five day minimum period of
secure detention.
Amends s. 985.12, F.S., to:
o Change the term “civil citation” to “delinquency citation;”
o Prohibit a juvenile charged with an offense involving the use or possession of a firearm from being issued a
delinquency citation; and
o Authorize civil citation or similar prearrest diversion programs existing before July 1, 2024 to continue to
operate as a delinquency citation program if such program has been approved by the local State Attorney.
Amends s. 985.25, F.S., to:
o Require a juvenile who violates the terms of his or her electronic monitoring to be held in secure detention
until a detention hearing; and
o Require a juvenile who is on probation for committing a felony firearm offense to be held in secure
detention for up to 21 days if he or she is taken into custody for violating his or her probation.
Amends s. 985.255, F.S., to:
o Require a court to consider, rather than use, the results of DJJ’s risk assessment instrument in making a
determination of whether to continue to detain a juvenile; and
o Authorize a court to continue to detain a juvenile in secure detention if the court finds probable cause that
he or she committed murder or specified offenses involving the use or possession of a firearm.
Amends s. 985.433, F.S., to:
o Require a juvenile who is adjudicated delinquent by a court for committing any offense or attempted offense
involving the use of a firearm to be placed on conditional release for one year following his or her release
from a juvenile commitment program; and
o Prohibit a court from withholding adjudication if a juvenile previously had adjudication withheld for specified
offenses and requiring a court to adjudicate such a juvenile delinquent and sentence the juvenile to a DJJ
residential program.
Creates s. 985.438, F.S, to authorize DJJ to create a “graduated response matrix” by administrative rule.
Amends s. 985.46, F.S., to provide minimum standards and requirements for conditional release.
Amends s. 985.601, F.S., to require DJJ to establish a class on the consequences of committing firearm offenses.
Amends s. 985.711, F.S., to increase the penalty to a second degree felony for introducing contraband into a DJJ
facility and to prohibit a person from introducing any currency, cigarettes, or tobacco products into a DJJ facility.
Amends s. 1002.221, F.S., to authorize a juvenile’s educational records to be introduced in court proceedings.
The bill may have an indeterminate fiscal impact on state and local government through the increased number of
juveniles that will be required to be held in secure detention and through the expanded number of juveniles that
would be eligible for DJJ supervision and services. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1181b.JUA PAGE: 2
DATE: 1/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Juvenile Detention
Background
In Florida, the Department of Juvenile Justice (DJJ) administers the juvenile justice system. When a
child is alleged to have committed a delinquent act, DJJ must review the sufficiency of the probable
cause affidavit or report and complete an intake screening to make an initial determination whether
detention care is necessary.
1
Detention care is the temporary care of a child in secure detention
2
or
supervised release detention care
3
pending a court adjudication or disposition of his or her case.
4
Section 985.24, F.S., requires the use of detention care to be based primarily upon findings that the
child:
Presents a substantial risk of not appearing at a subsequent hearing;
Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior,
including illegal firearm possession;
Presents history of committing a property offense prior to adjudication, disposition, or
placement;
Has committed a specified offense of contempt of court; or
Requests protection from imminent bodily harm.
5
Initial Detention
DJJ utilizes the Detention Risk Assessment Instrument (DRAI) to make the initial determination of the
need for detention.
6
The tool was developed after considering the latest statistical analysis techniques
and risk-prediction methods in Florida’s juvenile criminal justice setting
7
and is designed to determine
the likelihood that a child will fail to appear in court or commit a new offense within a short window of
time.
8
The DRAI uses a point system, based on factors such as:
The current alleged offense;
Prior referrals to DJJ, including whether the child has another case pending;
Prior delinquency history, including whether the child has previously failed to appear for court
hearings or escaped from supervision;
Whether the child has unlawfully possessed or used a firearm; and
The child’s age.
9
1
In counties that do not have an assessment center, the law enforcement officer calls a DJJ “on-call screener” to assess the juvenile’s
risk and determine if detention is necessary. Office of the State Court’s Administrator, Florida’s Juvenile Delinquency Benchbook (June
2021), https://www.flcourts.org/content/download/752754/file/Delinquency%20Benchbook%20-%20Final%20June%2029,%202021.pdf
(last visited Jan. 22, 2024).
2
“Secure detention” means temporary custody of the child while the child is under the physical restriction of a secure detention center
or facility pending adjudication, disposition, or placement. S. 985.03(18)(a), F.S.
3
“Supervised release detention” means temporary, nonsecure custody of the child while the child is released to the custody of the
parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department staff pending
adjudication or disposition, through programs that include, but are not limited to, electronic monitoring, day reporting centers, and
nonsecure shelters. Supervised release detention may include other requirements imposed by the court. S. 985.03(18)(b), F.S.
4
S. 985.03(18), F.S.
5
S. 985.24(1), F.S.
6
S. 985.245(1), F.S.
7
Florida Department of Juvenile Justice, Detention Risk Assessment Instrument (effective July 1, 2019),
https://www.djj.state.fl.us/research/detention-risk-assessment-instrument (last visited Jan. 22, 2024).
8
Florida Department of Juvenile Justice, Detention Risk Assessment Instrument-Frequently Asked Questions,
https://www.djj.state.fl.us/research/detention-risk-assessment-instrument/frequently-asked-questions (last visited Jan. 22, 2024).
9
S. 985.245(2)(b), F.S. STORAGE NAME: h1181b.JUA PAGE: 3
DATE: 1/26/2024
A child is required to be placed into secure detention after being taken into custody if the child is a
“prolific juvenile offender” under s. 985.255(1)(f), F.S., or if the child is charged with possessing or
discharging a firearm on school property in violation of s. 790.115, F.S.
10
Detention Hearing
A child taken into custody and placed in detention care must be given a hearing within 24 hours to
determine the existence of probable cause that the child has committed the delinquent act or violation
of law for which he or she is charged and the need for continued detention.
11
The court determines the
need for continued detention based on the results of the DRAI and may order a continued detention
status if the DRAI indicates secure or supervised release detention.
12
Length of Detention
Section 985.26, F.S., controls the time period for which a court can order a child to be placed in
detention care. Generally, a child may not be held in detention care for more than 21 days unless an
adjudicatory hearing for the case has been commenced in good faith by the court.
13
However, when
good cause is shown that the nature of the charge requires additional time for prosecution or defense of
the case or if the totality of the circumstances, including the preservation of public safety, warrant an
extension, the court may extend the length of detention for an additional 21 days if the child is charged
with an offense that, if committed by an adult, would be a:
Capital felony;
Life felony;
First-degree felony;
Second-degree felony;
Third degree felony involving violence against any person; or
Any other offense involving the use or possession of a firearm.
14
The court may order additional extensions of secure detention, in up to 21-day increments, but only
after conducting a hearing prior to the expiration of the child’s current secure detention period and
making written findings that there is a need for the child’s continued secure detention.
15
If a court
extends the period of secure detention, it must ensure that an adjudicatory hearing in the child’s case
commences as soon as is reasonably possible and must prioritize the disposition of any child’s case
who has been held in secure detention for 60 days or more.
16
Effect of Proposed Changes – Juvenile Detention
Initial Detention
CS/HB 1181 amends s. 985.25, F.S., to require a court to place a juvenile who is on supervised release
detention care and who is arrested for violating the terms of his or her electronic monitoring supervision
in secure detention until a detention hearing.
The bill also amends s. 985.25, F.S., to require a juvenile who is on probation for an underlying felony
firearm offense and who is taken into custody for violating the conditions of his or her probation in any
manner that does not involve a new law violation to be held in secure detention to allow the state
attorney to review the violation. Under the bill, if the state attorney notifies the court that commitment to
a DJJ program will be sought, the juvenile must remain in secure detention for 21 days. Upon a motion
by the state attorney, the juvenile may be held for an additional 21 day period if the court finds that the
totality of the circumstances, including the preservation of public safety, warrants such an extension. If
10
S. 985.25(1)(b), F.S.
11
Ss. 985.255(1) and (3)(a), F.S.
12
Id.
13
S. 985.26(2)(a), F.S.
14
S. 985.26(2)(b), F.S.
15
Id.
16
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DATE: 1/26/2024
the court releases the juvenile from secure detention, the bill requires the juvenile to placed on
supervised release with electronic monitoring.
Detention Hearing
The bill amends s. 985.255, F.S., to require a court to consider, rather than use, the results of the DRAI
in determining whether to continue to detain a juvenile. The bill also explicitly authorizes a court to
order a detention placement that is more or less restrictive than that indicated by the results of the
DRAI.
Length of Detention
The bill amends s. 985.255, F.S., to authorize a court to continue to detain a juvenile in secure
detention if the court finds probable cause that a juvenile committed one or more of the following
offenses:
Murder in the first degree under s. 782.04(1)(a)., F.S.;
Murder in the second degree under s. 782.04(2), F.S.;
Armed robbery under s. 812.13(2)(a), F.S., that involves the use or possession of a firearm as
defined in s. 790.001, F.S.;
Armed carjacking under s. 812.133(2)(a), F.S., that involves the use or possession of a firearm
as defined in s. 790.001, F.S.;
Having a firearm while committing a felony under s. 790.07(2), F.S.;
Armed burglary under s. 810.02(2)(b), F.S., that involves the use or possession of a firearm as
defined in s. 790.001, F.S.;
Delinquent in possession of a firearm under s. 790.23(1)(b), F.S.; or
An attempt to commit any offense listed in this paragraph under s. 777.04, F.S.
The bill creates a presumption that a juvenile who commits any of the offenses listed above is a risk to
public safety and a danger to the community and requires a court to hold such a juvenile in secure
detention prior to his or her adjudicatory hearing unless the court finds by clear and convincing
evidence that such a juvenile does not pose a risk to public safety or is a danger to the community. If a
juvenile is held in secure detention for committing the offenses listed above and an adjudicatory
hearing is not held within 60 days, the bill requires the court to hold a review hearing within each
successive seven day period until the juvenile’s adjudicatory hearing or until the juvenile is placed on
supervised release with electronic monitoring.
Under the bill, if a court makes a finding that the juvenile does not pose a risk to public safety or is not a
danger to the community and the court decides to release the juvenile from secure detention, the court
must place the juvenile on supervised release detention care with electronic monitoring and enter a
written order listing the juvenile’s prior adjudications, prior dispositions, and prior violations of pretrial
release orders. Such written order must be provided to the victim, to the law enforcement agency that
arrested the juvenile, and to the law enforcement agency with primary jurisdiction over the juvenile’s
primary residence.
The bill amends s. 985.26, F.S., to conform to the changes made by the bill to s. 985.255(1)(g) and (h),
F.S.
Disposition Hearings
Background
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After a juvenile is found to have committed a delinquent act, the court must hold a disposition hearing.
17
A juvenile disposition hearing is comparable to criminal sentencing. The court must review DJJ’s
predisposition report which recommends the most appropriate placement and treatment plan.
18
The
court may deviate from DJJ’s recommendations but must include appropriate written findings in the
disposition order.
19
A juvenile disposition order is similar to a judgment and sentence in criminal court. Under s. 985.433,
F.S., if the court finds that a child should be adjudicated delinquent, the court may order the child into:
Residential commitment with DJJ at a specified restrictiveness level;
20
Residential commitment with DJJ at a specified restrictiveness level, followed by community-
based sanctions;
21
or
A probation program which must include a penalty component, such as community-based
sanctions,
22,
23
and a rehabilitative component.
24
Community-based sanctions may include, but are not limited to:
Participation in substance abuse treatment;
Participation in a day-treatment program;
Restitution in money or in kind;
A curfew;
Revocation or suspension of the child’s driver license;
Community service; and
Appropriate educational programs.
25
Effect of Proposed Changes – Disposition Hearings
The bill amends s. 985.433, F.S., to require that any juvenile who is adjudicated by the court and
committed to a DJJ program for an offense or attempted offense involving a firearm be placed on
conditional release for a period of one year after his or her release from such commitment program.
The conditional release program must include electronic monitoring by DJJ for the first six months
following the juvenile’s release, at times and under terms and conditions set by DJJ.
Under the bill, if a juvenile is found to have committed an offense that involves the use or possession of
a firearm, other than a violation of s. 790.22(3), F.S., or an offense during the commission of which the
juvenile possessed a firearm, and the court has decided not to commit the juvenile to a DJJ residential
commitment program, the court must:
Place the juvenile on probation for a period of at least one year;
Require the juvenile to be supervised by electronic monitoring during his or her term of
probation;
Order the juvenile to serve a minimum period of detention of 30 days in a secure detention
facility, with credit for time served in secure detention prior to disposition; and
Require the juvenile to perform 100 hours of community service or paid work as determined by
DJJ.
In addition to these penalties, the court may revoke or suspend the juvenile’s driver license for up to
one year.
17
S. 985.433, F.S.
18
S. 985.433(7)(a), F.S.
19
S. 985.433(7)(b), F.S.
20
Id.
21
S. 985.433(7)(c), F.S.
22
S. 985.433(8), F.S.
23
S. 985.435(2), F.S.
24
S. 985.435(3), F.S.
25
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The bill requires a court, if a juvenile previously received a withhold of adjudication of delinquency for
committing specified offenses, to adjudicate a juvenile delinquent and sentence a juvenile to a DJJ
residential program. These offenses include:
Armed robbery involving the use of a firearm under s. 812.13(2)(a), F.S.;
Armed carjacking under s. 812.133(2)(a), F.S., involving the use or possession of a firearm as
defined in s. 790.001, F.S.;
Having a firearm while committing a felony under s. 790.07(2), F.S.;
Armed burglary under s. 810.02(2)(b), F.S., involving the use or possession of a firearm as
defined in s. 790.001, F.S.;
Delinquent in possession of a firearm under s. 790.23(1)(b), F.S.; or
An attempt to commit any offense listed in this paragraph under s. 777.04, F.S.
Juvenile Probation
Background
Post-commitment Probation/Conditional Release
Under s. 985.435, F.S., a court may sentence a juvenile who was adjudicated delinquent and
committed to a DJJ program to serve a term of postcommitment probation following his or her release
from such a program. DJJ retains jurisdiction over the juvenile on postcommitment probation until he or
she reaches 19 years of age.
26
If a juvenile on postcommitment probation violates the terms of such
probation, DJJ or the state attorney may file a petition alleging a violation of probation and the juvenile
may, in some circumstances, have his or her probation revoked by the court and be recommitted to a
DJJ program.
27
As an alternative to postcommitment probation, a court may sentence a juvenile who was adjudicated
delinquent and committed to a DJJ program to be placed on conditional release following his or her
release from the DJJ program. DJJ retains jurisdiction over a juvenile on conditional release
supervision until he or she reaches 21 years of age.
28
A juvenile who is under conditional release
supervision remains “committed” to DJJ even though he or she is no longer in a residential DJJ
program.
29
Thus, if a juvenile is on conditional release supervision and violates the terms of his or her
release, DJJ may initiate a transfer staffing and recommit the juvenile to a DJJ program without an
order from a court.
30
Violation of Probation
If a juvenile who is on probation violates the terms of his or her probation, both DJJ and the state
attorney are authorized to file a petition with the court alleging such a violation.
31
Alternative Consequences
A probation program may include an alternative consequence component to address instances in which
a child is noncompliant with technical conditions of his or her probation but has not committed any new
law violations. The alternative consequence component is designed to provide swift and appropriate
consequences to any noncompliance with technical conditions of probation. Examples of technical
violations include missing classes at school or missing curfew. When responding to these violations,
some juvenile probation officers (JPOs) are able to use an Effective Response Matrix to ensure the
most appropriate responses are considered prior to a formal violation being filed. This can include
increased community supervision, community service, truancy court and other rehabilitative
alternatives.
26
S. 985.0301(5)(b), F.S.
27
S. 985.439(4)(d), F.S.
28
S. 985.0301(5)(b)2., F.S.
29
S. 985.46(4), F.S.
30
S. 985.441(4), F.S.
31
S. 985.439, F.S. STORAGE NAME: h1181b.JUA PAGE: 7
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Effect of Proposed Changes – Juvenile Probation
Postcommitment Probation/Conditional Release
The bill amends ss. 985.101, 985.245, 985.439, 985.46, 985.48, 985.4815, F.S., to repeal all
references to postcommitment probation, thus eliminating postcommitment probation as a sentencing
option. As such, a court will only have the option of sentencing a juvenile to conditional release
supervision following commitment in a DJJ program.
The bill also amends s. 985.46, F.S., to provide minimum standards for conditional release supervision.
A juvenile on conditional release supervision:
Must participate in an educational program;
Must observe a curfew;
Is prohibited from having contact with victims, co-defendants, or known gang members;
Is prohibited from using controlled substances; and
Is prohibited from possessing a firearm.
Under the bill, a violation of the terms of conditional release supervision must be resolved using the
“graduated response matrix” as created by the bill. The bill requires DJJ to recommit a juvenile who
fails to move into compliance to a residential facility.
Violation of Probation
The bill amends s. 985.439, F.S., to require a state attorney, upon receiving notice of a violation of
probation from DJJ, to either file the violation within five days or provide written reasons to the court
and DJJ why he or she is not filing the violation of probation.
Alternative Consequences
The bill creates s. 985.438, F.S., to require DJJ to create by rule a statewide “graduated response
matrix” (GRM) to address technical violations of probation as part of the alternative consequence
component of a juvenile’s probation. The GRM must: be based upon the principle that sanctions must
reflect the seriousness of the violation, provide immediate accountability for violations, consider the
assessed criminogenic needs and risks of the child, and consider the child's age and maturity level. As
such, the GRM is designed to provide swift and appropriate consequences or incentives to a child who
is alleged to be noncompliant with or in violation of probation.
The bill requires the GRM to provide sanctions for a juvenile who commits a technical violation of his or
her probation based on the juvenile’s risk to reoffend and must include, but not be limited to:
Increased contacts.
Increased drug tests.
Curfew reductions.
Increased community service.
Additional evaluations.
Addition of electronic monitoring.
The bill amends s. 985.435, F.S., to require the alternative consequence component of a juvenile’s
probation to be aligned with the GRM, and amends s. 985.439, F.S., to remove provisions authorizing
the creation of local alternative consequences programs.
Possession or Use of Firearms or Specified Weapons by a Minor
Background
Possessing or Discharging Firearms on School Property
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Section 790.115, F.S., prohibits a person from willfully and knowingly possessing or discharging any
firearm at a school-sanctioned event or on the property of any school,
32
school bus, or school bus
stop.
33
Generally, a violation is punishable as a third degree felony.
34
A person who discharges a
firearm at a school-sanctioned event or on the property of any school, school bus, or school bus stop
commits a second degree felony.
35
A minor under 18 years of age who is charged with possessing or
discharging a firearm on school property must be detained in secure detention unless the state attorney
authorizes the release of the minor, and such minor must be given a detention hearing within 24
hours.
36
The court may order the minor to be held in secure detention for a period of 21 days.
37
Use of Certain Guns or Weapons by a Minor Under 16
Section 790.22(1), F.S., prohibits a minor under the age of 16 from using a BB gun, air or gas-operated
gun, or electric weapon or device
38
unless he or she is under the supervision of and in the presence of
an adult who is acting with the consent of the minor’s parent.
Possession of a Firearm by a Minor
Section 790.22(3), F.S., prohibits a minor under 18 years of age from possessing a firearm, other than
an unloaded firearm at his or her home unless:
The minor is engaged in a lawful hunting activity and:
o Is at least 16 years of age; or
o Under 16 years of age and supervised by an adult.
The minor is engaged in a lawful marksmanship competition or practice or other lawful
recreational shooting activity and:
o Is at least 16 years of age; or
o Under 16 years of age and supervised by an adult who is acting with the consent of the
minor’s parent or guardian.
The firearm is unloaded and is being transported by the minor directly to or from a lawful
hunting or recreational shooting event.
A first violation is punishable as a first degree misdemeanor.
39
A second or subsequent violation is
punishable as a third degree felony.
40
A court is required to sentence a minor who unlawfully possesses a firearm as follows:
For a first violation, a court must require a minor to perform 100 hours of community service,
and may require a minor to serve up to five days in secure detention and may suspend a
minor’s driver license for up to one year.
41
For a second or subsequent violation, a court must require a minor to serve up to 21 days in a
secure detention facility, must order a minor to perform at least 100 but not more than 250
hours of community service, and may suspend a minor’s driver license for up to two years.
42
32
“School” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or
postsecondary school, whether public or nonpublic. S. 790.115(2)(a), F.S.
33
A person may carry a firearm at a school or school-related location:
In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative
officer of the school as a program or class to which firearms could be carried;
In a case to a career center having a firearms training range; or
In a vehicle pursuant to s. 790.25(5), F.S., except that school districts may adopt written and published policies that waive the
exception in this subparagraph for purposes of student and campus parking privileges. S. 790.115(2)(a)1.–3., F.S.
34
S. 790.115(b), (c), and (e), F.S.
35
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
36
S. 790.115(4), F.S.
37
Id.
38
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned,
used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. S. 790.001(7), F.S.
39
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
40
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
41
S. 790.22(5)(a), F.S.
42
S. 790.22(5)(b), F.S. STORAGE NAME: h1181b.JUA PAGE: 9
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Under s. 790.22(8), F.S., unless a state attorney authorizes his or her release, a juvenile must be held
in secure detention and provided a detention hearing within 24 hours if he or she is found to have
committed an offense that involves the use or possession of a firearm, or is charged for any offense
during the commission of which the juvenile possessed a firearm. A court may continue to hold such a
juvenile in secure detention if the court finds by clear and convincing evidence that the juvenile is a
clear and present danger to himself or herself or the community.
43
Under s. 790.22(9) and (10), F.S., if a juvenile is found to have committed an offense that involves the
use or possession of a firearm other than a violation of s. 790.22(3), F.S., or an offense during the
commission of which the juvenile possessed a firearm, and the juvenile is not committed to a DJJ
residential commitment program, the court must sentence such a juvenile as follows:
For a first offense, the court must order the juvenile to serve a minimum period of detention of
15 days in a secure detention facility, require the juvenile to perform 100 hours of community
service, and revoke or suspend the juvenile’s driver license for up to one year. In addition, the
court may place such a juvenile on community control or in a nonresidential commitment
program.
For a second or subsequent offense, the court must order the juvenile to serve a mandatory
period of detention of at least 21 days in a secure detention facility, require the juvenile to
perform at least 100 but not more than 250 hours of community service, and must revoke or
suspend the juvenile’s driver license for up to two years. In addition, the court may place such a
juvenile on community control or in a nonresidential commitment program.
Effect of Proposed Changes – Possession or Use of Firearms or Specified Weapons by a Minor
Possessing or Discharging Firearms on School Property
The bill amends s. 790.115, F.S., to delete the provision requiring a minor be held in secure detention
for possessing or discharging a firearm on school property, which is duplicative of the provision in s.
985.25(1)(b), F.S., which requires a minor to be placed in secure detention care until a detention
hearing if he or she is charged with any offense involving the possession or use of a firearm.
Use of Certain Guns or Weapons by a Minor Under 16
HB 1181 amends s. 790.22(1), F.S., to authorize a minor under the age of 16 to use a BB gun, air or
gas-operated gun, or electric weapon or device under adult supervision if a minor’s guardian, in
addition to a minor’s parent, consents to such use.
Possession of a Firearm by a Minor
The bill amends s. 790.22(5), F.S., to revise the penalties and minimum sentencing requirements for a
minor who unlawfully possesses a firearm by:
Increasing the penalty for a first violation from a first degree misdemeanor to a third degree
felony;
Requiring, rather than authorizing, a court to sentence a minor to five days in secure detention
for a first violation, with credit for time served prior to the disposition of the juvenile case;
Requiring, rather than authorizing, a court to sentence a minor to serve 21 days in a secure
detention facility, with credit for time served prior to disposition of the juvenile case, for a
second or subsequent violation;
Authorizing a minor to substitute paid work hours, as determined by DJJ, for community service
hours; and
Requiring a court, for a third or subsequent violation, to adjudicate the minor delinquent and
commit such a minor to a DJJ residential program.
The bill amends s. 790.22(8), F.S., by deleting that subsection and moving the substance of that
subsection to s. 985.255(1)(h), F.S.
43
S. 790.22(8), F.S. STORAGE NAME: h1181b.JUA PAGE: 10
DATE: 1/26/2024
The bill amends s. 790.22(9), and (10), F.S., by deleting those subsections and moving the substance
of those subsections to s. 985.433(8), F.S.
The bill amends s. 985.601, F.S., to require DJJ to establish a class focused on the risk and
consequences of youthful firearm offending, and requires DJJ to provide such a class to any juvenile
who is found to have committed any offense involving the use or possession of a firearm.
Juvenile Civil Citation Programs
Background
Generally, a “diversion” program is designed to keep a juvenile from entering the juvenile justice
system through the traditional legal process by placing him or her on a less restrictive track that affords
more opportunities for rehabilitation and restoration.
44
The goal of diversion is to maximize the
opportunity for a juvenile’s success and minimize the likelihood of recidivism.
45
Section 985.12, F.S., requires each judicial circuit to create a civil citation or similar prearrest diversion
program and develop policies and procedures for such a program, which must specify the following:
The misdemeanor offenses that qualify a juvenile for participation in the program;
The eligibility criteria for the program;
The program's implementation and operation;
The program's requirements, including, but not limited to, the completion of community service
hours, payment of restitution, if applicable, and intervention services indicated by a needs
assessment of the juvenile, approved by the department, such as family counseling, urinalysis
monitoring, and substance abuse and mental health treatment services; and
A program fee, if any, to be paid by a juvenile participating in the program. If the program
imposes a fee, the clerk of the court of the applicable county must receive a reasonable portion
of the fee.
46
The state attorney in each judicial circuit is responsible for administering the civil citation program.
47
A
sheriff, police department, county, municipality, locally authorized entity, or public or private educational
institution may operate an independent civil citation or similar prearrest diversion program if such a
program was operating as of October 1, 2018, and if the state attorney determines that the independent
program is substantially similar to the civil citation or similar prearrest diversion program developed by
the circuit.
48
Section 985.126, F.S., requires each diversion program,
49
which includes a civil citation program, to
submit specified data about each participant in a diversion program to DJJ. DJJ is required to publish
such data on its website semiannually.
50
Effect of Proposed Changes – Juvenile Civil Citation Programs
The bill amends s. 985.12, F.S., to rename “civil citation” programs “prearrest delinquency citation”
programs. The bill makes conforming changes to ss. 943.051, 985.11, and 1006.07, F.S., to reflect the
name change.
The bill makes other changes to the prearrest delinquency citation program by:
44
Florida Department of Juvenile Justice, Glossary, https://www.djj.state.fl.us/youth-families/glossary (last visited Jan. 22, 2024).
45
Center for Health & Justice, No Entry: A National Survey of Criminal Justice Diversion Programs and Initiatives,
https://www.centerforhealthandjustice.org/tascblog/Images/documents/Publications/CHJ%20Diversion%20Report_web.pdf (last visited
Jan. 22, 2024).
46
S. 985.12(2)(b), F.S.
47
S. 985.12(2)(c), F.S.
48
Id.
49
“Diversion program” means a program under ss. 985.12, 985.125, 985.155, or 985.16, F.S., or a program to which a referral is made
by a state attorney under s. 985.15, F.S. S. 943.0582, F.S.
50
S. 985.126(4), F.S. STORAGE NAME: h1181b.JUA PAGE: 11
DATE: 1/26/2024
Prohibiting a prearrest delinquency citation from being issued for an offense that involves the
use or possession of a firearm;
Authorizing a prearrest delinquency citation program to require a juvenile to complete classes
established by DJJ or the entity responsible for administering the prearrest delinquency citation
program;
Authorizing a civil citation or similar prearrest diversion program that existed before July 1, 2024
to continue to operate as a prearrest delinquency citation program if such program is approved
by the state attorney and complies with the statutory requirements for a prearrest delinquency
citation program; and
Deleting a provision that authorizes, but does not require, a judicial circuit to model its civil
citation program on a program created by another entity that operates such a program.
The bill amends s. 985.126, F.S., to require DJJ to provide a quarterly report to be published on its
website listing the entities that use prearrest delinquency citations for less than 70 percent of first-time
misdemeanor offenses. The bill also requires DJJ to submit the quarterly report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives.
Driver License Suspension
Background
Under ss. 985.433(8), 985.35(4)(a) and 985.435(2)(d), F.S., a court has the authority to revoke or
suspend a juvenile’s driver license, regardless of whether the court adjudicates a juvenile delinquent or
withholds such an adjudication.
Effect of Proposed Changes – Driver License Suspension
The bill amends s. 985.455, F.S., to authorize a court, upon a finding of a compelling circumstance that
warrants such an exception, to direct the Department of Highway Safety and Motor Vehicles to issue a
license for driving privileges restricted to business
51
or employment purposes only if the court
previously suspended a juvenile’s driver license as part of the disposition in a juvenile case.
52
Introduction of Contraband into a DJJ Facility
Background
Section 985.711, F.S., generally prohibits a person from introducing specified contraband articles into
or upon the grounds of a juvenile detention facility or commitment program. The penalty for introducing
such contraband articles varies depending on the type of contraband introduced. A person commits:
A first degree misdemeanor for introducing:
o Any cellular telephone or other portable communication device as described in
s. 944.47(1)(a)6., F.S., that is intentionally and unlawfully introduced inside the secure
perimeter of any juvenile detention facility or commitment program.
o Any vapor-generating electronic device as defined in s. 386.203, F.S., that is
intentionally and unlawfully introduced inside the secure perimeter of any juvenile
detention facility or commitment program.
A third degree felony for introducing any unauthorized article of food or clothing.
A second degree felony for introducing:
o Any intoxicating beverage or any beverage that causes or may cause an intoxicating
effect.
o Any controlled substance as defined in s. 893.02(4), F.S., marijuana as defined in
s. 381.986, F.S., hemp as defined in s. 581.217, F.S., industrial hemp as defined in
51
“A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain
livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and
for medical purposes. S. 322.271(1)(c)1., F.S.
52
“A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to and from work and
any necessary on-the-job driving required by an employer or occupation. S. 322.271(1)(c)2., F.S. STORAGE NAME: h1181b.JUA PAGE: 12
DATE: 1/26/2024
s. 1004.4473, F.S., or any prescription or nonprescription drug that has a hypnotic,
stimulating, or depressing effect.
o Any firearm or weapon of any kind or any explosive substance.
Effect of Proposed Changes – Introduction of Contraband into a DJJ Facility
The bill amends s. 985.711, F.S., to make the penalty for introducing any type of contraband into a
juvenile detention facility or commitment program a second degree felony. The bill also adds the
following to the list of contraband articles enumerated in s. 985.711, F.S.:
Any currency or coin given or transmitted, or intended to be given or transmitted, to any youth
in any juvenile detention facility or commitment program.
Any cigarettes, as defined in s. 210.01(1), F.S., or tobacco products, as defined in s. 210.25,
F.S., given, or intended to be given, to any youth in a juvenile detention facility or commitment
program.
Education Records
Background
Section 1002.221, F.S., generally prohibits the release of a student’s education records without the
written consent of the student or parent, except as permitted by the Family Educational Rights and
Privacy Act (FERPA) under 20 U.S.C. §1232(g). In accordance with the provisions of FERPA, a
student’s education records may be released without the written consent of the student or parent to
parties to an interagency agreement among DJJ, the school, law enforcement authorities, and other
agencies.
53
However, under Florida law, such records are inadmissible in any court proceeding before
a dispositional hearing unless written consent is provided by a parent or other responsible adult on
behalf of a juvenile.
Effect of Proposed Changes – Education Records
The bill amends s. 1002.221, F.S., to delete the provision in current law that makes education records
inadmissible in a court proceeding and specifically authorizes such education records to be used for
juvenile proceedings initiated under ch. 984 and 985, F.S. By authorizing education records to be used
in juvenile proceedings without the consent of a parent or responsible adult, DJJ will be able to more
accurately determine whether a juvenile who is placed on probation by a court is complying with the
terms of his or her probation by regularly attending school and meeting other educational requirements.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 790.115, F.S., relating to possessing or discharging weapons or firearms at a
school-sponsored event or on property prohibited; penalties; exceptions.
Section 2: Amends s. 790.22, F.S., relating to use of BB guns, air or gas-operated guns, or electric
weapons or devices by minor under 16; limitation; possession of firearms by minor under
18 prohibited; penalties.
Section 3: Amends s. 985.101, F.S., relating to taking a child into custody.
Section 4: Amends s. 985.12, F.S., relating to civil citation or similar prearrest diversion programs.
Section 5: Amends s. 985.125, F.S., relating to prearrest or postarrest diversion programs.
Section 6: Amends s. 985.126, F.S., relating to diversion programs; data collection; denial of
participation or expunged record.
Section 7: Amends s. 985.245, F.S., relating to risk assessment instrument.
Section 8: Amends s. 985.25, F.S., relating to detention intake.
Section 9: Amends s. 985.255, F.S., relating to detention criteria; detention hearing.
Section 10: Amends s. 985.26, F.S., relating to length of detention.
Section 11: Amends s. 985.433, F.S., relating to disposition hearings in delinquency cases.
53
S. 1002.221(2)(c), F.S. STORAGE NAME: h1181b.JUA PAGE: 13
DATE: 1/26/2024
Section 12: Amends s. 985.435, F.S., relating to probation and postcommitment probation; community
service.
Section 13: Creates s. 985.438, F.S., relating to graduated response matrix.
Section 14: Amends s. 985.439, F.S., relating to violation of probation or postcommitment probation.
Section 15: Amends s. 985.455, F.S., relating to other dispositional issues.
Section 16: Amends s. 985.46, F.S., relating to conditional release.
Section 17: Amends s. 985.48, F.S., relating to juvenile sexual offender commitment programs; sexual
abuse intervention networks.
Section 18: Amends s. 985.4815, F.S., relating to notification to Department of Law Enforcement of
information on juvenile sexual offenders.
Section 19: Amends s. 985.601, F.S., relating to administering the juvenile justice continuum.
Section 20: Amends s. 985.711, F.S., relating to introduction, removal, or possession of certain
articles unlawful; penalty.
Section 21: Amends s. 1002.221, F.S., relating to K-12 education records; public records exemption.
Section 22: Amends s. 943.051, F.S., criminal justice information; collection and storage;
fingerprinting.
Section 23: Amends s. 985.11, F.S., fingerprinting and photographing.
Section 24: Amends s. 1006.07, F.S., relating to district school board duties relating to student
discipline for school safety.
Section 25: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate fiscal impact on DJJ expenditures by requiring additional secure
detention, supervision, or residential commitment for specified juveniles. Based on current funding
and utilization rates, any initial impacts resulting can likely be absorbed within existing resources.
Future needs could be addressed through the Legislative Budget Request process.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate fiscal impact to local government expenditures by increasing
the number of juveniles that are required to be held in secure detention.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h1181b.JUA PAGE: 14
DATE: 1/26/2024
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of a state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill provides DJJ with sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 19, 2024, the Criminal Justice Subcommittee adopted a strike-all amendment and reported the
bill favorably as a committee substitute. The amendment made technical changes to clarify provisions in
the bill, maintain consistent terminology, and delete unnecessary or duplicative language.
This analysis is drafted to the committee substitute as adopted by the Criminal Justice Subcommittee.