FL
Florida House Bill H1181

Florida 2024 Regular Session

Florida House Bill H1181 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to juvenile justice; amending s. 2
1616 790.115, F.S.; removing a provision requiring 3
1717 specified treatment of minors charged with possessing 4
1818 or discharging a firearm on school property; amending 5
1919 s. 790.22, F.S.; revising penalties for minors 6
2020 committing specified firearms violations; removing 7
2121 provisions concerning minors charged with or convicted 8
22-of certain firearms offenses; amending 901.15; ad ding 9
23-possession of a firearm by a minor to the list of 10
24-crimes for which a warrant is not needed for arrest; 11
25-amending s. 985.101, F.S.; conforming provisions to 12
26-changes made by the act; amending s. 985.12, F.S.; 13
27-redesignating civil citation programs as prea rrest 14
28-delinquency citation programs; revising program 15
29-requirements; providing that certain existing programs 16
30-meeting certain requirements shall be deemed 17
31-authorized; amending s. 985.125, F.S.; conforming 18
32-provisions to changes made by the act; amending s. 19
33-985.126, F.S.; requiring the Department of Juvenile 20
34-Justice to publish a quarterly report concerning 21
35-entities using delinquency citations for less than a 22
36-specified amount of eligible offenses; amending s. 23
37-985.245, F.S.; conforming provisions to changes made 24
38-by the act; amending s. 985.25, F.S.; requiring that 25
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22+of certain firearms offenses; amending s. 985.101, 9
23+F.S.; conforming provisions to changes made by the 10
24+act; amending s. 985.12, F.S.; redesignating civil 11
25+citation programs as prearrest delinquency citation 12
26+programs; revising program requirements; providing 13
27+that certain existing programs meeting certain 14
28+requirements shall be deemed authorized; amending s. 15
29+985.125, F.S.; conforming provisions to changes made 16
30+by the act; amending s. 985.126, F.S.; requiring the 17
31+Department of Juvenile Justice to publish a quarterly 18
32+report concerning entities using delinquency citations 19
33+for less than a specified amount of eligible offenses; 20
34+amending s. 985.245, F.S.; conforming prov isions to 21
35+changes made by the act; amending s. 985.25, F.S.; 22
36+requiring that youths who are arrested for certain 23
37+electronic monitoring violations be placed in secure 24
38+detention until a detention hearing; requiring that a 25
39+
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4747 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
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51-youths who are arrested for certain electronic 26
52-monitoring violations be placed in secure detention 27
53-until a detention hearing; requiring that a child on 28
54-probation for an underlying felony firearm offense who 29
55-is taken into custody be placed in secure detention; 30
56-providing for renewal of secure detention periods in 31
57-certain circumstances; amending s. 985.255, F.S.; 32
58-providing that when there is probable cause that a 33
59-child committed one of a specified list of o ffenses 34
60-that he or she is presumed to be a risk to public 35
61-safety and danger to the community and must be held in 36
62-secure a detention before an adjudicatory hearing; 37
63-providing requirements for release of such a child 38
64-despite the presumption; revising languag e concerning 39
65-the use of risk assessments; amending s. 985.26, F.S.; 40
66-revising requirements for holding a child in secure 41
67-detention for more than 21 days; amending s. 985.433, 42
68-F.S.; requiring conditional release conditions for 43
69-children released after confine ment for specified 44
70-firearms offenses; requiring specified sanctions for 45
71-certain children adjudicated for certain firearms 46
72-offenses who are not committed to a residential 47
73-program; providing that children who previously have 48
74-had adjudication withheld for cer tain offenses my not 49
75-have adjudication withheld for specified offenses; 50
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51+child on probation for an underlying felony firearm 26
52+offense who is taken into custody be placed in secure 27
53+detention; providing for renewal of secure detention 28
54+periods in certain circumstances; amending s. 985.255, 29
55+F.S.; providing that when there is probable cause that 30
56+a child committed one of a specified list of offenses 31
57+that he or she is presumed to be a risk to public 32
58+safety and danger to the community and must be held in 33
59+secure a detention before an adjudicatory hearing; 34
60+providing requirements for release of such a child 35
61+despite the presumption; revising language concerning 36
62+the use of risk assessments; amending s. 985.26, F.S.; 37
63+revising requirements for holding a child in secure 38
64+detention for more than 21 days; amending s. 985.433, 39
65+F.S.; requiring conditional release conditions for 40
66+children released after confinement for specified 41
67+firearms offenses; requiring specified sanctions for 42
68+certain children adjudicated for certain firearms 43
69+offenses who are not committed to a residential 44
70+program; providing that children who previously have 45
71+had adjudication withheld for certain offenses my not 46
72+have adjudication withheld for specified offenses; 47
73+amending s. 985.435, F.S.; conforming provisions to 48
74+changes made by the act; creating s. 985.438, F.S.; 49
75+requiring the Department of Juvenile Justice to create 50
76+
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8484 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
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88-amending s. 985.435, F.S.; conforming provisions to 51
89-changes made by the act; creating s. 985.438, F.S.; 52
90-requiring the Department of Juvenile Justice to create 53
91-and administer a graduate d response matrix to hold 54
92-youths accountable to the terms of their court ordered 55
93-probation and the terms of their conditional release; 56
94-providing requirements for the matrix; amending s. 57
95-985.439, F.S.; requiring a state attorney to file a 58
96-probation violation within a specified period or 59
97-inform the court and the Department of Juvenile 60
98-Justice why such violation is not filed; removing 61
99-provisions concerning an alternative consequence 62
100-program; allowing placement of electronic monitoring 63
101-for probation violations in certain circumstances; 64
102-amending s. 985.441, F.S.; adding an exception to the 65
103-prohibition against committing certain children to a 66
104-residential program; amending s. 985.455, F.S.; 67
105-authorizing a court to make an exception to an order 68
106-of revocation or suspe nsion of driving privileges in 69
107-certain circumstances; amending s. 985.46, F.S.; 70
108-revising legislative intent concerning conditional 71
109-release; revising the conditions of conditional 72
110-release; providing for assessment of conditional 73
111-release violations and possi ble recommitment of 74
112-violators; amending ss. 985.48 and 985.4815, F.S.; 75
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88+and administer a graduated response matrix to hold 51
89+youths accountable to the terms of their court ordered 52
90+probation and the terms of their conditional release; 53
91+providing requirements for the matrix; amending s. 54
92+985.439, F.S.; requiring a state attorney to fil e a 55
93+probation violation within a specified period or 56
94+inform the court and the Department of Juvenile 57
95+Justice why such violation is not filed; removing 58
96+provisions concerning an alternative consequence 59
97+program; allowing placement of electronic monitoring 60
98+for probation violations in certain circumstances; 61
99+amending s. 985.455, F.S.; authorizing a court to make 62
100+an exception to an order of revocation or suspension 63
101+of driving privileges in certain circumstances; 64
102+amending s. 985.46, F.S.; revising legislative inten t 65
103+concerning conditional release; revising the 66
104+conditions of conditional release; providing for 67
105+assessment of conditional release violations and 68
106+possible recommitment of violators; amending ss. 69
107+985.48 and 985.4815, F.S.; conforming provisions to 70
108+changes made by the act; amending s. 985.601, F.S.; 71
109+requiring the Department of Juvenile justice to 72
110+establish a specified class for firearms offenders; 73
111+amending s. 985.711, F.S.; revising provisions 74
112+concerning introduction of contraband into department 75
113+
114+CS/CS/HB 1181 2024
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121121 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
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125-conforming provisions to changes made by the act; 76
126-amending s. 985.601, F.S.; requiring the Department of 77
127-Juvenile Justice to establish a specified class for 78
128-firearms offenders; amending s. 985.711, F.S.; 79
129-revising provisions concerning introduction of 80
130-contraband into department facilities; authorizing 81
131-department staff to use canine units on the grounds of 82
132-juvenile detention facilities and commitment programs 83
133-for specified purposes; revisi ng criminal penalties 84
134-for violations; amending s. 1002.221, F.S.; revising 85
135-provisions concerning educational records for certain 86
136-purposes; amending ss. 943.051, 985.11, and 1006.07, 87
137-F.S.; conforming provisions to changes made by the 88
138-act; providing an effec tive date. 89
139- 90
140-Be It Enacted by the Legislature of the State of Florida: 91
141- 92
142- Section 1. Subsection (4) of section 790.115, Florida 93
143-Statutes, is amended to read: 94
144- 790.115 Possessing or discharging weapons or firearms at a 95
145-school-sponsored event or on sch ool property prohibited; 96
146-penalties; exceptions. — 97
147- (4) Notwithstanding s. 985.24, s. 985.245, or s. 98
148-985.25(1), any minor under 18 years of age who is charged under 99
149-this section with possessing or discharging a firearm on school 100
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125+facilities; authorizing department staff to use canine 76
126+units on the grounds of juvenile detention facilities 77
127+and commitment programs for specified purposes; 78
128+revising criminal penalties for violations; amending 79
129+s. 1002.221, F.S.; revising provisions concerning 80
130+educational records for certain purposes; amending ss. 81
131+943.051, 985.11, and 1006.07, F.S.; conforming 82
132+provisions to changes made by the act; providing an 83
133+effective date. 84
134+ 85
135+Be It Enacted by the Legislature of the State of Florida: 86
136+ 87
137+ Section 1. Subsection (4) o f section 790.115, Florida 88
138+Statutes, is amended to read: 89
139+ 790.115 Possessing or discharging weapons or firearms at a 90
140+school-sponsored event or on school property prohibited; 91
141+penalties; exceptions. — 92
142+ (4) Notwithstanding s. 985.24, s. 985.245, or s. 93
143+985.25(1), any minor under 18 years of age who is charged under 94
144+this section with possessing or discharging a firearm on school 95
145+property shall be detained in secure detention, unless the state 96
146+attorney authorizes the release of the minor, and shall be given 97
147+a probable cause hearing within 24 hours after being taken into 98
148+custody. At the hearing, the court may order that the minor 99
149+continue to be held in secure detention for a period of 21 days, 100
150+
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158158 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
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162-property shall be detained i n secure detention, unless the state 101
163-attorney authorizes the release of the minor, and shall be given 102
164-a probable cause hearing within 24 hours after being taken into 103
165-custody. At the hearing, the court may order that the minor 104
166-continue to be held in secure detention for a period of 21 days, 105
167-during which time the minor shall receive medical, psychiatric, 106
168-psychological, or substance abuse examinations pursuant to s. 107
169-985.18, and a written report shall be completed. 108
170- Section 2. Subsections (1), (5), (8), (9), and (10) of 109
171-section 790.22, Florida Statutes, are amended, and subsection 110
172-(3) of that section is republished, to read: 111
173- 790.22 Use of BB guns, air or gas -operated guns, or 112
174-electric weapons or devices by minor under 16; limitation; 113
175-possession of firearms by minor under 18 prohibited; penalties. — 114
176- (1) The use for any purpose whatsoever of BB guns, air or 115
177-gas-operated guns, or electric weapons or devices, by any minor 116
178-under the age of 16 years is prohibited unless such use is under 117
179-the supervision and in th e presence of an adult who is acting 118
180-with the consent of the minor's parent or guardian. 119
181- (3) A minor under 18 years of age may not possess a 120
182-firearm, other than an unloaded firearm at his or her home, 121
183-unless: 122
184- (a) The minor is engaged in a lawful huntin g activity and 123
185-is: 124
162+during which time the minor shall receive medical, psychiatric, 101
163+psychological, or substance abuse examinations pursuant to s. 102
164+985.18, and a written report shall be completed. 103
165+ Section 2. Subsections (1), (5), (8), (9), and (10) of 104
166+section 790.22, Florida Statutes, are amended, and subsection 105
167+(3) of that section is republis hed, to read: 106
168+ 790.22 Use of BB guns, air or gas -operated guns, or 107
169+electric weapons or devices by minor under 16; limitation; 108
170+possession of firearms by minor under 18 prohibited; penalties. — 109
171+ (1) The use for any purpose whatsoever of BB guns, air or 110
172+gas-operated guns, or electric weapons or devices, by any minor 111
173+under the age of 16 years is prohibited unless such use is under 112
174+the supervision and in the presence of an adult who is acting 113
175+with the consent of the minor's parent or guardian. 114
176+ (3) A minor under 18 years of age may not possess a 115
177+firearm, other than an unloaded firearm at his or her home, 116
178+unless: 117
179+ (a) The minor is engaged in a lawful hunting activity and 118
180+is: 119
181+ 1. At least 16 years of age; or 120
182+ 2. Under 16 years of age and supervised by an adult . 121
183+ (b) The minor is engaged in a lawful marksmanship 122
184+competition or practice or other lawful recreational shooting 123
185+activity and is: 124
186186 1. At least 16 years of age; or 125
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195195 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
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199- 2. Under 16 years of age and supervised by an adult. 126
200- (b) The minor is engaged in a lawful marksmanship 127
201-competition or practice or other lawful recreational shooting 128
202-activity and is: 129
203- 1. At least 16 years of age; or 130
204- 2. Under 16 years of age and supervised by an adult who is 131
205-acting with the consent of the minor's parent or guardian. 132
206- (c) The firearm is unloaded and is being transported by 133
207-the minor directly to or from an event authorized in paragraph 134
208-(a) or paragraph (b). 135
209- (5)(a) A minor who violates subsection (3) : 136
210- 1. For a first offense, commits a misdemeanor of the first 137
211-degree; for a first offense , shall may serve a period of 138
212-detention of up to 5 days in a secure detention facility , with 139
213-credit for time served in secure detention prior to disposition, 140
214-and; and, in addition to any other penalty provided by law, 141
215-shall be required to perform 100 hours of community service or 142
216-paid work as determined by the department. ; and: 143
217- 1. If the minor is eligible by reason of age for a driver 144
218-license or driving privilege, the court may direct the 145
219-Department of Highway Safety and Motor Vehicles to revoke or to 146
220-withhold issuance of the minor's driver license or driving 147
221-privilege for up to 1 year. 148
222- 2. If the minor's driver license or driving privilege is 149
223-under suspension or revocation for any reason, the court may 150
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199+ 2. Under 16 years of age and supervised by an adult who is 126
200+acting with the consent of the minor's parent or guardian. 127
201+ (c) The firearm is unloaded and is being transported by 128
202+the minor directly to or from an event authorized in paragraph 129
203+(a) or paragraph (b). 130
204+ (5)(a) A minor who violates subsection (3) commits a 131
205+felony misdemeanor of the third first degree; for a first 132
206+offense, shall may serve a period of detention of up to 5 days 133
207+in a secure detention facility , with credit for time served in 134
208+secure detention prior to disposition ; and, in addition to any 135
209+other penalty provided by law, shall be required to perform 100 136
210+hours of community service or paid work as determined by the 137
211+department. For a second violation of subsection (3), a minor 138
212+shall serve 21 days in a secure detention facility, with credit 139
213+for time served in secure detention prio r to disposition; and 140
214+shall be required to perform not less than 100 nor more than 250 141
215+hours of community service or paid work as determined by the 142
216+department. For a third or subsequent violation of subsection 143
217+(3), a minor shall be adjudicated delinquent a nd committed to a 144
218+residential program. In addition to the penalties for a first 145
219+offense and a second or subsequent offense under subsection (3) ; 146
220+and: 147
221+ (a)1. If the minor is eligible by reason of age for a 148
222+driver license or driving privilege, the court may direct the 149
223+Department of Highway Safety and Motor Vehicles to revoke or to 150
224+
225+CS/CS/HB 1181 2024
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232232 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
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236-direct the Department of Highway Safety and Motor Vehicles to 151
237-extend the period of suspen sion or revocation by an additional 152
238-period of up to 1 year. 153
239- 3. If the minor is ineligible by reason of age for a 154
240-driver license or driving privilege, the court may direct the 155
241-Department of Highway Safety and Motor Vehicles to withhold 156
242-issuance of the minor's driver license or driving privilege for 157
243-up to 1 year after the date on which the minor would otherwise 158
244-have become eligible. 159
245- 2.(b) For a second or subsequent offense, a minor who 160
246-violates subsection (3) commits a felony of the third degree . 161
247-For a second offense, the minor and shall serve a period of 162
248-detention of up to 21 days in a secure detention facility , with 163
249-credit for time served in secure detention prior to disposition, 164
250-and shall be required to perform not less than 100 nor more than 165
251-250 hours of community service or paid work as determined by the 166
252-department. For a third or subsequent offense, the minor shall 167
253-be adjudicated delinquent and committed to a residential 168
254-program. A withhold of adjudication of delinquency shall be 169
255-considered a prior of fense for the purpose of determining a 170
256-second, third, or subsequent offense. , and: 171
257- (b) In addition to the penalties for a violation of 172
258-subsection (3): 173
259- 1. If the minor is eligible by reason of age for a driver 174
260-license or driving privilege, the court may direct the 175
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236+withhold issuance of the minor's driver license or driving 151
237+privilege for up to 1 year for a first offense and up to 2 years 152
238+for a second or subsequent offense . 153
239+ (b)2. If the minor's driver license or driving privilege 154
240+is under suspension or revocation for any reason, the court may 155
241+direct the Department of Highway Safety and Motor Vehicles to 156
242+extend the period of suspension or revocation by an additional 157
243+period of up to 1 year for a first offense and up to 2 years for 158
244+a second or subsequent offense . 159
245+ (c)3. If the minor is ineligible by reason of age for a 160
246+driver license or driving privilege, the court may direct the 161
247+Department of Highway Safety and Motor Vehicles to withhold 162
248+issuance of the minor's driver license or driving privilege for 163
249+up to 1 year after the date on which the minor would otherwise 164
250+have become eligible for a first offense and up to 2 years for a 165
251+second or subsequent offense . 166
252+ (b) For a second or subsequent offense, a minor who 167
253+violates subsection (3) commits a felony of the third degree and 168
254+shall serve a period of detention of up to 21 days in a secure 169
255+detention facility and shall be required to perform not less 170
256+than 100 nor more than 250 hours of community service, and: 171
257+ 1. If the minor is eligible by reason of age for a driver 172
258+license or driving privilege, the court may direct the 173
259+Department of Highway Safety and Motor Vehicles to revoke or to 174
260+withhold issuance of the minor's driver license or driving 175
261+
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269269 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
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273-Department of Highway Safety and Motor Vehicles to revoke or to 176
274-withhold issuance of the minor's driver license or driving 177
275-privilege for up to 1 year for a first offense and up to 2 years 178
276-for a second or subsequent offense . 179
277- 2. If the minor's driver license or driving privilege is 180
278-under suspension or revocation for any reason, the court may 181
279-direct the Department of Highway Safety and Motor Vehicles to 182
280-extend the period of suspension or revocation by an additional 183
281-period of up to 1 year for a first offense and up to 2 years for 184
282-a second or subsequent offense . 185
283- 3. If the minor is ineligible by reason of age for a 186
284-driver license or driving privilege, the court may direct the 187
285-Department of Highway Safety and Motor Vehicles to withhold 188
286-issuance of the minor's driver license or driving privilege for 189
287-up to 1 year 2 years after the date on which the minor would 190
288-otherwise have become eligible and up to 2 years for a second or 191
289-subsequent offense. 192
290- 193
291-For the purposes of this subsection, community service sha ll be 194
292-performed, if possible, in a manner involving a hospital 195
293-emergency room or other medical environment that deals on a 196
294-regular basis with trauma patients and gunshot wounds. 197
295- (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 198
296-is charged with an offense that involves the use or possession 199
297-of a firearm, including a violation of subsection (3), or is 200
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273+privilege for up to 2 years. 176
274+ 2. If the minor's driver license or driving privilege is 177
275+under suspension or revocation for any reason, the court may 178
276+direct the Department of Highway Safety and Motor Vehicles to 179
277+extend the period of suspension or revocation by an addit ional 180
278+period of up to 2 years. 181
279+ 3. If the minor is ineligible by reason of age for a 182
280+driver license or driving privilege, the court may direct the 183
281+Department of Highway Safety and Motor Vehicles to withhold 184
282+issuance of the minor's driver license or drivin g privilege for 185
283+up to 2 years after the date on which the minor would otherwise 186
284+have become eligible. 187
285+ 188
286+For the purposes of this subsection, community service shall be 189
287+performed, if possible, in a manner involving a hospital 190
288+emergency room or other medical environment that deals on a 191
289+regular basis with trauma patients and gunshot wounds. 192
290+ (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 193
291+is charged with an offense that involves the use or possession 194
292+of a firearm, including a violation of subsection (3), or is 195
293+charged for any offense during the commission of which the minor 196
294+possessed a firearm, the minor shall be detained in secure 197
295+detention, unless the state attorney authorizes the release of 198
296+the minor, and shall be given a hearing within 24 hours af ter 199
297+being taken into custody. At the hearing, the court may order 200
298+
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306306 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
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310-charged for any offense during the commission of which the minor 201
311-possessed a firearm, the minor shall be detained in secure 202
312-detention, unless the state attorney authorizes the release of 203
313-the minor, and shall be given a hearing within 24 hours after 204
314-being taken into custody. At the hearing, the court may order 205
315-that the minor continue to be held in secure detention in 206
316-accordance with the applicable time periods specified in s. 207
317-985.26(1)-(5), if the court finds that the minor meets the 208
318-criteria specified in s. 985.255, or if the court finds by clear 209
319-and convincing evidence that the minor is a clear and present 210
320-danger to himself or herself or the community. The Department of 211
321-Juvenile Justice shall prepare a form for all minors charged 212
322-under this subsection which states the period of detention and 213
323-the relevant demographic information, including, but not limited 214
324-to, the gender, age, and race o f the minor; whether or not the 215
325-minor was represented by private counsel or a public defender; 216
326-the current offense; and the minor's complete prior record, 217
327-including any pending cases. The form shall be provided to the 218
328-judge for determining whether the mino r should be continued in 219
329-secure detention under this subsection. An order placing a minor 220
330-in secure detention because the minor is a clear and present 221
331-danger to himself or herself or the community must be in 222
332-writing, must specify the need for detention and the benefits 223
333-derived by the minor or the community by placing the minor in 224
334-secure detention, and must include a copy of the form provided 225
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310+that the minor continue to be held in secure detention in 201
311+accordance with the applicable time periods specified in s. 202
312+985.26(1)-(5), if the court finds that the minor meets the 203
313+criteria specified in s. 985.255, or if the court finds by clear 204
314+and convincing evidence that the minor is a clear and present 205
315+danger to himself or herself or the community. The Department of 206
316+Juvenile Justice shall prepare a form for all minors charged 207
317+under this subsection which states the period of detention and 208
318+the relevant demographic information, including, but not limited 209
319+to, the gender, age, and race of the minor; whether or not the 210
320+minor was represented by private counsel or a public defender; 211
321+the current offense; and the minor's complete prior record, 212
322+including any pending cases. The form shall be provided to the 213
323+judge for determining whether the minor should be continued in 214
324+secure detention under this subsection. An order placing a minor 215
325+in secure detention bec ause the minor is a clear and present 216
326+danger to himself or herself or the community must be in 217
327+writing, must specify the need for detention and the benefits 218
328+derived by the minor or the community by placing the minor in 219
329+secure detention, and must include a copy of the form provided 220
330+by the department. 221
331+ (9) Notwithstanding s. 985.245, if the minor is found to 222
332+have committed an offense that involves the use or possession of 223
333+a firearm, as defined in s. 790.001, other than a violation of 224
334+subsection (3), or an of fense during the commission of which the 225
335+
336+CS/CS/HB 1181 2024
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb1181-04-er
342-Page 10 of 52
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343343 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
344344
345345
346346
347-by the department. 226
348- (9) Notwithstanding s. 985.245, if the minor is found to 227
349-have committed an offense that involves the use or possession of 228
350-a firearm, as defined in s. 790.001, other than a violation of 229
351-subsection (3), or an offense during the commission of which the 230
352-minor possessed a firearm, and the minor is not committed to a 231
353-residential commitment program of the D epartment of Juvenile 232
354-Justice, in addition to any other punishment provided by law, 233
355-the court shall order: 234
356- (a) For a first offense, that the minor shall serve a 235
357-minimum period of detention of 15 days in a secure detention 236
358-facility; and 237
359- 1. Perform 100 hours of community service; and may 238
360- 2. Be placed on community control or in a nonresidential 239
361-commitment program. 240
362- (b) For a second or subsequent offense, that the minor 241
363-shall serve a mandatory period of detention of at least 21 days 242
364-in a secure detention facility; and 243
365- 1. Perform not less than 100 nor more than 250 hours of 244
366-community service; and may 245
367- 2. Be placed on community control or in a nonresidential 246
368-commitment program. 247
369- 248
370-The minor shall not receive credit for time served before 249
371-adjudication. For the purposes of this subsection, community 250
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347+minor possessed a firearm, and the minor is not committed to a 226
348+residential commitment program of the Department of Juvenile 227
349+Justice, in addition to any other punishment provided by law, 228
350+the court shall order: 229
351+ (a) For a first offense, that the minor shall serve a 230
352+minimum period of detention of 15 days in a secure detention 231
353+facility; and 232
354+ 1. Perform 100 hours of community service; and may 233
355+ 2. Be placed on community control or in a nonresidential 234
356+commitment program. 235
357+ (b) For a second or subsequent offense, that the minor 236
358+shall serve a mandatory period of detention of at least 21 days 237
359+in a secure detention facility; and 238
360+ 1. Perform not less than 100 nor more than 250 hours of 239
361+community service; and may 240
362+ 2. Be placed on community control or in a nonresidential 241
363+commitment program. 242
364+ 243
365+The minor shall not receive credit for time served before 244
366+adjudication. For the purposes of this subsection, community 245
367+service shall be performed, if possible, in a manner involving a 246
368+hospital emergency room or other medical environment that deals 247
369+on a regular basis with trauma patients and gunshot wounds. 248
370+ (10) If a minor is found to have committed an offense 249
371+under subsection (9), the court shall impose the following 250
372+
373+CS/CS/HB 1181 2024
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375375
376376
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378-hb1181-04-er
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380380 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
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384-service shall be performed, if possible, in a manner involving a 251
385-hospital emergency room or other medical environment that deals 252
386-on a regular basis with trauma patients and gunshot wounds. 253
387- (10) If a minor is fou nd to have committed an offense 254
388-under subsection (9), the court shall impose the following 255
389-penalties in addition to any penalty imposed under paragraph 256
390-(9)(a) or paragraph (9)(b): 257
391- (a) For a first offense: 258
392- 1. If the minor is eligible by reason of age fo r a driver 259
393-license or driving privilege, the court may direct the 260
394-Department of Highway Safety and Motor Vehicles to revoke or to 261
395-withhold issuance of the minor's driver license or driving 262
396-privilege for up to 1 year. 263
397- 2. If the minor's driver license or d riving privilege is 264
398-under suspension or revocation for any reason, the court may 265
399-direct the Department of Highway Safety and Motor Vehicles to 266
400-extend the period of suspension or revocation by an additional 267
401-period for up to 1 year. 268
402- 3. If the minor is inel igible by reason of age for a 269
403-driver license or driving privilege, the court may direct the 270
404-Department of Highway Safety and Motor Vehicles to withhold 271
405-issuance of the minor's driver license or driving privilege for 272
406-up to 1 year after the date on which the minor would otherwise 273
407-have become eligible. 274
408- (b) For a second or subsequent offense: 275
409-ENROLLED
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384+penalties in addition to any penalty imposed under paragraph 251
385+(9)(a) or paragraph (9)(b): 252
386+ (a) For a first offense: 253
387+ 1. If the minor is eligible by reason of age for a driver 254
388+license or driving privilege, the court may direct the 255
389+Department of Highway Safety and Motor Vehicles to revoke or to 256
390+withhold issuance of the minor's driver license or driving 257
391+privilege for up to 1 year. 258
392+ 2. If the minor's driver license or driving privilege is 259
393+under suspension or revocation for any reason, the court may 260
394+direct the Department of Highway Safety and Motor Vehicles to 261
395+extend the period of suspension or revocation by an additional 262
396+period for up to 1 year. 263
397+ 3. If the minor is ineligible by reason of age for a 264
398+driver license or driving privilege, the court may direct the 265
399+Department of Highway Safety and Motor Vehicles to withhold 266
400+issuance of the minor's driver license or driving privilege for 267
401+up to 1 year after the date on which the minor would otherwise 268
402+have become eligible. 269
403+ (b) For a second or subsequent offense: 270
404+ 1. If the minor is eligi ble by reason of age for a driver 271
405+license or driving privilege, the court may direct the 272
406+Department of Highway Safety and Motor Vehicles to revoke or to 273
407+withhold issuance of the minor's driver license or driving 274
408+privilege for up to 2 years. 275
409+
410+CS/CS/HB 1181 2024
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415-hb1181-04-er
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417417 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
418418
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421- 1. If the minor is eligible by reason of age for a driver 276
422-license or driving privilege, the court may direct the 277
423-Department of Highway Safety and Motor Vehicles to revoke or to 278
424-withhold issuance of the minor's driver license or driving 279
425-privilege for up to 2 years. 280
426- 2. If the minor's driver license or driving privilege is 281
427-under suspension or revocation for any reason , the court may 282
428-direct the Department of Highway Safety and Motor Vehicles to 283
429-extend the period of suspension or revocation by an additional 284
430-period for up to 2 years. 285
431- 3. If the minor is ineligible by reason of age for a 286
432-driver license or driving privileg e, the court may direct the 287
433-Department of Highway Safety and Motor Vehicles to withhold 288
434-issuance of the minor's driver license or driving privilege for 289
435-up to 2 years after the date on which the minor would otherwise 290
436-have become eligible. 291
437- Section 3. Subsection (9) of section 901.15, Florida 292
438-Statutes, is amended to read: 293
439- 901.15 When arrest by officer without warrant is lawful. —A 294
440-law enforcement officer may arrest a person without a warrant 295
441-when: 296
442- (9) There is probable cause to believe that the person h as 297
443-committed: 298
444- (a) Any battery upon another person, as defined in s. 299
445-784.03. 300
446-ENROLLED
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421+ 2. If the minor's driver license or driving privilege is 276
422+under suspension or revocation for any reason, the court may 277
423+direct the Department of Highway Safety and Motor Vehicles to 278
424+extend the period of suspension or revocation by an additional 279
425+period for up to 2 year s. 280
426+ 3. If the minor is ineligible by reason of age for a 281
427+driver license or driving privilege, the court may direct the 282
428+Department of Highway Safety and Motor Vehicles to withhold 283
429+issuance of the minor's driver license or driving privilege for 284
430+up to 2 years after the date on which the minor would otherwise 285
431+have become eligible. 286
432+ Section 3. Paragraph (d) of subsection (1) of section 287
433+985.101, Florida Statutes, is amended to read: 288
434+ 985.101 Taking a child into custody. — 289
435+ (1) A child may be taken into custo dy under the following 290
436+circumstances: 291
437+ (d) By a law enforcement officer who has probable cause to 292
438+believe that the child is in violation of the conditions of the 293
439+child's probation, supervised release detention, postcommitment 294
440+probation, or conditional release supervision; has absconded 295
441+from nonresidential commitment; or has escaped from residential 296
442+commitment. 297
443+ 298
444+Nothing in this subsection shall be construed to allow the 299
445+detention of a child who does not meet the detention criteria in 300
446+
447+CS/CS/HB 1181 2024
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449449
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452-hb1181-04-er
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454454 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
455455
456456
457457
458- (b) An act of criminal mischief or a graffiti -related 301
459-offense as described in s. 806.13. 302
460- (c) A violation of a safety zone, security zone, regulated 303
461-navigation area, or naval vessel protection zone as described in 304
462-s. 327.461. 305
463- (d) A racing, street takeover, or stunt driving violation 306
464-as described in s. 316.191(2). 307
465- (e) An exposure of sexual organs in violation of s. 308
466-800.03. 309
467- (f) Possession of a firearm by a minor in violatio n of s. 310
468-790.22(3). 311
469- Section 4. Paragraph (d) of subsection (1) of section 312
470-985.101, Florida Statutes, is amended to read: 313
471- 985.101 Taking a child into custody. — 314
472- (1) A child may be taken into custody under the following 315
473-circumstances: 316
474- (d) By a law enforcement officer who has probable cause to 317
475-believe that the child is in violation of the conditions of the 318
476-child's probation, supervised release detention, postcommitment 319
477-probation, or conditional release supervision; has absconded 320
478-from nonresidential com mitment; or has escaped from residential 321
479-commitment. 322
480- 323
481-Nothing in this subsection shall be construed to allow the 324
482-detention of a child who does not meet the detention criteria in 325
483-ENROLLED
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458+part V. 301
459+ Section 4. Section 985.12, Florida Statutes, is amended to 302
460+read: 303
461+ 985.12 Prearrest delinquency Civil citation or similar 304
462+prearrest diversion programs.— 305
463+ (1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 306
464+that the creation and implementation of any prearrest 307
465+delinquency civil citation or similar prearrest diversion 308
466+programs at the judicial circuit level promotes public safety, 309
467+aids interagency cooperation, and provides the greatest chance 310
468+of success for prearrest delinquency civil citation and similar 311
469+prearrest diversion programs. The Legislature further finds that 312
470+the widespread use of prearrest delinquency civil citation and 313
471+similar prearrest diversion programs has a positive effect on 314
472+the criminal justice system by immediately holding youth 315
473+accountable for their actions and contributes to an overall 316
474+reduction in the crime rate and recidivism in the state. The 317
475+Legislature encourages but does not mandate that counties, 318
476+municipalities, and public or private educational institutions 319
477+participate in a prearrest delinquency civil citation or similar 320
478+prearrest diversion program created by their judicial circuit 321
479+under this section. 322
480+ (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 323
481+PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 324
482+OPERATION.— 325
483+
484+CS/CS/HB 1181 2024
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491491 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
492492
493493
494494
495-part V. 326
496- Section 5. Section 985.12, Florida Statutes, is amended to 327
497-read: 328
498- 985.12 Prearrest delinquency Civil citation or similar 329
499-prearrest diversion programs.— 330
500- (1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 331
501-that the creation and implementation of any prearrest 332
502-delinquency civil citation or similar prearrest divers ion 333
503-programs at the judicial circuit level promotes public safety, 334
504-aids interagency cooperation, and provides the greatest chance 335
505-of success for prearrest delinquency civil citation and similar 336
506-prearrest diversion programs. The Legislature further finds th at 337
507-the widespread use of prearrest delinquency civil citation and 338
508-similar prearrest diversion programs has a positive effect on 339
509-the criminal justice system by immediately holding youth 340
510-accountable for their actions and contributes to an overall 341
511-reduction in the crime rate and recidivism in the state. The 342
512-Legislature encourages but does not mandate that counties, 343
513-municipalities, and public or private educational institutions 344
514-participate in a prearrest delinquency civil citation or similar 345
515-prearrest diversion program created by their judicial circuit 346
516-under this section. 347
517- (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 348
518-PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 349
519-OPERATION.— 350
520-ENROLLED
521-CS/CS/HB 1181, Engrossed 1 2024 Legislature
495+ (a) A prearrest delinquency civil citation or similar 326
496+prearrest diversion program for misdemeanor offenses shall be 327
497+established in each judicial circuit in the state. The state 328
498+attorney and public defender of each circuit, the clerk of the 329
499+court for each county in the circuit, and representatives of 330
500+participating law enforcement agencies in the circuit shall 331
501+create a prearrest delinquency civil citation or similar 332
502+prearrest diversion program and develop its policies and 333
503+procedures. In developing the program's policies and procedures, 334
504+input from other interested stakeholders may be solicited. The 335
505+department shall annually develop and provide guidelines on best 336
506+practice models for prearrest delinquency civil citation or 337
507+similar prearrest diversion programs to the judicial circuits as 338
508+a resource. 339
509+ (b) Each judicial circuit's prearrest delinquency civil 340
510+citation or similar prearrest diversion program must specify all 341
511+of the following: 342
512+ 1. The misdemeanor offenses that qualify a juvenile for 343
513+participation in the p rogram. Offenses involving the use or 344
514+possession of a firearm do not qualify for a prearrest 345
515+delinquency citation program. ; 346
516+ 2. The eligibility criteria for the program .; 347
517+ 3. The program's implementation and operation .; 348
518+ 4. The program's requirements, i ncluding, but not limited 349
519+to, the completion of community service hours, payment of 350
520+
521+CS/CS/HB 1181 2024
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526-hb1181-04-er
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528528 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
529529
530530
531531
532- (a) A prearrest delinquency civil citation or similar 351
533-prearrest diversion program for misdemeanor offenses shall be 352
534-established in each judicial circuit in the state. The state 353
535-attorney and public defender of each circuit, the clerk of the 354
536-court for each county in the circuit, and representatives of 355
537-participating law enforcement agencies in the circuit shall 356
538-create a prearrest delinquency civil citation or similar 357
539-prearrest diversion program and develop its policies and 358
540-procedures. In developing the program's policies and procedures, 359
541-input from other intereste d stakeholders may be solicited. The 360
542-department shall annually develop and provide guidelines on best 361
543-practice models for prearrest delinquency civil citation or 362
544-similar prearrest diversion programs to the judicial circuits as 363
545-a resource. 364
546- (b) Each judicial circuit's prearrest delinquency civil 365
547-citation or similar prearrest diversion program must specify all 366
548-of the following: 367
549- 1. The misdemeanor offenses that qualify a juvenile for 368
550-participation in the program . Offenses involving the use or 369
551-possession of a firearm do not qualify for a prearrest 370
552-delinquency citation program. ; 371
553- 2. The eligibility criteria for the program .; 372
554- 3. The program's implementation and operation .; 373
555- 4. The program's requirements, including, but not limited 374
556-to, the completion of comm unity service hours, payment of 375
557-ENROLLED
558-CS/CS/HB 1181, Engrossed 1 2024 Legislature
532+restitution, if applicable , classes established by the 351
533+department or the prearrest delinquency citation program , and 352
534+intervention services indicated by a needs assessment of the 353
535+juvenile, approved by the department, such as family counseling, 354
536+urinalysis monitoring, and substance abuse and mental health 355
537+treatment services.; and 356
538+ 5. A program fee, if any, to be paid by a juvenile 357
539+participating in the program. If the program imposes a fee, the 358
540+clerk of the court of the applicable county must receive a 359
541+reasonable portion of the fee. 360
542+ (c) The state attorney of each circuit shall operate a 361
543+prearrest delinquency civil citation or similar prearrest 362
544+diversion program in each circui t. A sheriff, police department, 363
545+county, municipality, locally authorized entity, or public or 364
546+private educational institution may continue to operate an 365
547+independent prearrest delinquency civil citation or similar 366
548+prearrest diversion program that is in operation as of October 367
549+1, 2018, if the independent program is reviewed by the state 368
550+attorney of the applicable circuit and he or she determines that 369
551+the independent program is substantially similar to the 370
552+prearrest delinquency civil citation or similar prearrest 371
553+diversion program developed by the circuit. If the state 372
554+attorney determines that the independent program is not 373
555+substantially similar to the prearrest delinquency civil 374
556+citation or similar prearrest diversion program developed by the 375
557+
558+CS/CS/HB 1181 2024
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565565 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
566566
567567
568568
569-restitution, if applicable , classes established by the 376
570-department or the prearrest delinquency citation program , and 377
571-intervention services indicated by a needs assessment of the 378
572-juvenile, approved by the department, such as family counseling, 379
573-urinalysis monitoring, and substance abuse and mental health 380
574-treatment services.; and 381
575- 5. A program fee, if any, to be paid by a juvenile 382
576-participating in the program. If the program imposes a fee, the 383
577-clerk of the court of the applicable county must receive a 384
578-reasonable portion of the fee. 385
579- (c) The state attorney of each circuit shall operate a 386
580-prearrest delinquency civil citation or similar prearrest 387
581-diversion program in each circuit. A sheriff, polic e department, 388
582-county, municipality, locally authorized entity, or public or 389
583-private educational institution may continue to operate an 390
584-independent prearrest delinquency civil citation or similar 391
585-prearrest diversion program that is in operation as of Octobe r 392
586-1, 2018, if the independent program is reviewed by the state 393
587-attorney of the applicable circuit and he or she determines that 394
588-the independent program is substantially similar to the 395
589-prearrest delinquency civil citation or similar prearrest 396
590-diversion program developed by the circuit. If the state 397
591-attorney determines that the independent program is not 398
592-substantially similar to the prearrest delinquency civil 399
593-citation or similar prearrest diversion program developed by the 400
594-ENROLLED
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569+circuit, the operator of the independent diversion program may 376
570+revise the program and the state attorney may conduct an 377
571+additional review of the independent program. A civil citation 378
572+or similar prearrest diversion program existing before July 1, 379
573+2024, shall be deemed a de linquency citation program authorized 380
574+by this section if the civil citation or similar prearrest 381
575+diversion program has been approved by the state attorney of the 382
576+circuit in which it operates and it complies with the 383
577+requirements in paragraph (2)(b). 384
578+ (d) A judicial circuit may model an existing sheriff's, 385
579+police department's, county's, municipality's, locally 386
580+authorized entity's, or public or private educational 387
581+institution's independent civil citation or similar prearrest 388
582+diversion program in developing t he civil citation or similar 389
583+prearrest diversion program for the circuit. 390
584+ (d)(e) If a juvenile does not successfully complete the 391
585+prearrest delinquency civil citation or similar prearrest 392
586+diversion program, the arresting law enforcement officer shall 393
587+determine if there is good cause to arrest the juvenile for the 394
588+original misdemeanor offense and refer the case to the state 395
589+attorney to determine if prosecution is appropriate or allow the 396
590+juvenile to continue in the program. 397
591+ (e)(f) Each prearrest delinquency civil citation or 398
592+similar prearrest diversion program shall enter the appropriate 399
593+youth data into the Juvenile Justice Information System 400
594+
595+CS/CS/HB 1181 2024
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602602 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
603603
604604
605605
606-circuit, the operator of the indepe ndent diversion program may 401
607-revise the program and the state attorney may conduct an 402
608-additional review of the independent program. A civil citation 403
609-or similar prearrest diversion program existing before July 1, 404
610-2024, shall be deemed a delinquency citation program authorized 405
611-by this section if the civil citation or similar prearrest 406
612-diversion program has been approved by the state attorney of the 407
613-circuit in which it operates and it complies with the 408
614-requirements in paragraph (2)(b). 409
615- (d) A judicial circuit may model an existing sheriff's, 410
616-police department's, county's, municipality's, locally 411
617-authorized entity's, or public or private educational 412
618-institution's independent civil citation or similar prearrest 413
619-diversion program in developing the civil citation o r similar 414
620-prearrest diversion program for the circuit. 415
621- (d)(e) If a juvenile does not successfully complete the 416
622-prearrest delinquency civil citation or similar prearrest 417
623-diversion program, the arresting law enforcement officer shall 418
624-determine if there is good cause to arrest the juvenile for the 419
625-original misdemeanor offense and refer the case to the state 420
626-attorney to determine if prosecution is appropriate or allow the 421
627-juvenile to continue in the program. 422
628- (e)(f) Each prearrest delinquency civil citation or 423
629-similar prearrest diversion program shall enter the appropriate 424
630-youth data into the Juvenile Justice Information System 425
631-ENROLLED
632-CS/CS/HB 1181, Engrossed 1 2024 Legislature
606+Prevention Web within 7 days after the admission of the youth 401
607+into the program. 402
608+ (f)(g) At the conclusion of a ju venile's prearrest 403
609+delinquency civil citation or similar prearrest diversion 404
610+program, the state attorney or operator of the independent 405
611+program shall report the outcome to the department. The issuance 406
612+of a prearrest delinquency civil citation or similar prearrest 407
613+diversion program notice is not considered a referral to the 408
614+department. 409
615+ (g)(h) Upon issuing a prearrest delinquency civil citation 410
616+or similar prearrest diversion program notice, the law 411
617+enforcement officer shall send a copy of the prearrest 412
618+delinquency civil citation or similar prearrest diversion 413
619+program notice to the parent or guardian of the child and to the 414
620+victim. 415
621+ Section 5. Section 985.125, Florida Statutes, is amended 416
622+to read: 417
623+ 985.125 Prearrest or Postarrest diversion programs. — 418
624+ (1) A law enforcement agency or school district, in 419
625+cooperation with the state attorney, may establish a prearrest 420
626+or postarrest diversion program. 421
627+ (2) As part of the prearrest or postarrest diversion 422
628+program, a child who is alleged to have committed a delinquent 423
629+act may be required to surrender his or her driver license, or 424
630+refrain from applying for a driver license, for not more than 90 425
631+
632+CS/CS/HB 1181 2024
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639639 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
640640
641641
642642
643-Prevention Web within 7 days after the admission of the youth 426
644-into the program. 427
645- (f)(g) At the conclusion of a juvenile's prearrest 428
646-delinquency civil citation or similar prearrest diversion 429
647-program, the state attorney or operator of the independent 430
648-program shall report the outcome to the department. The issuance 431
649-of a prearrest delinquency civil citation or similar prearrest 432
650-diversion program notice is not considered a referral to the 433
651-department. 434
652- (g)(h) Upon issuing a prearrest delinquency civil citation 435
653-or similar prearrest diversion program notice, the law 436
654-enforcement officer shall send a copy of the prearrest 437
655-delinquency civil citation or similar prearrest diversion 438
656-program notice to the parent or guardian of the child and to the 439
657-victim. 440
658- Section 6. Section 985.125, Florida Statutes, is amended 441
659-to read: 442
660- 985.125 Prearrest or Postarrest diversion programs. — 443
661- (1) A law enforcement agency or school district, in 444
662-cooperation with the state attorney, may establish a prearrest 445
663-or postarrest diversion program. 446
664- (2) As part of the prearrest or postarrest diversion 447
665-program, a child who is alleged to have committed a delinquent 448
666-act may be required to surrender his or her driver license, or 449
667-refrain from applying for a driver license, for not more than 90 450
668-ENROLLED
669-CS/CS/HB 1181, Engrossed 1 2024 Legislature
643+days. If the child fails to comply with the requirements of the 426
644+program, the state attorney may notify the Department of Highway 427
645+Safety and Motor Vehicles in writing to suspend the child's 428
646+driver license for a period that may not exceed 90 days. 429
647+ Section 6. Subsections (5) and (6) of section 985.126, 430
648+Florida Statutes, are renumbered as subsections (6) and (7), 431
649+respectively, subsections (3) and (4) of that section are 432
650+amended, and a new subsection (5) is added to that section, to 433
651+read: 434
652+ 985.126 Prearrest and postarrest diversion programs; data 435
653+collection; denial of participation or expunged record. — 436
654+ (3)(a) Beginning October 1, 2018, Each diversion program 437
655+shall submit data to the department which identifies for each 438
656+minor participating in the diversion program: 439
657+ 1. The race, ethnicity, gender, and age of that minor. 440
658+ 2. The offense committed, including the sp ecific law 441
659+establishing the offense. 442
660+ 3. The judicial circuit and county in which the offense 443
661+was committed and the law enforcement agency that had contact 444
662+with the minor for the offense. 445
663+ 4. Other demographic information necessary to properly 446
664+register a case into the Juvenile Justice Information System 447
665+Prevention Web, as specified by the department. 448
666+ (b) Beginning October 1, 2018, Each law enforcement agency 449
667+shall submit to the department data for every minor charged for 450
668+
669+CS/CS/HB 1181 2024
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674-hb1181-04-er
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676676 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
677677
678678
679679
680-days. If the child fails to comply with the requirements of the 451
681-program, the state attorney may notify the Department of Highway 452
682-Safety and Motor Vehicles in writing to suspend the child's 453
683-driver license for a period that may not exceed 90 days. 454
684- Section 7. Subsections (5) and (6) of section 985.126, 455
685-Florida Statutes, are renumbered as subsections (6) and (7), 456
686-respectively, subsections (3) and (4) of that section are 457
687-amended, and a new subsection (5) is added to that section, to 458
688-read: 459
689- 985.126 Prearrest and postarrest diversion programs; data 460
690-collection; denial of participation or expunged record. — 461
691- (3)(a) Beginning October 1, 2018, Each diversion program 462
692-shall submit data to the department which identifies for each 463
693-minor participating in the diversion program: 464
694- 1. The race, ethnicity, gender, and age of that minor. 465
695- 2. The offense committed, including the specific law 466
696-establishing the offense. 467
697- 3. The judicial circuit and county in which the offense 468
698-was committed and the law enforcement agency that had contact 469
699-with the minor for the offense. 470
700- 4. Other demographic information necessary to properly 471
701-register a case into the Juvenile Justi ce Information System 472
702-Prevention Web, as specified by the department. 473
703- (b) Beginning October 1, 2018, Each law enforcement agency 474
704-shall submit to the department data for every minor charged for 475
705-ENROLLED
706-CS/CS/HB 1181, Engrossed 1 2024 Legislature
680+the first-time, who is charged w ith a misdemeanor, and who was 451
681+that identifies for each minor who was eligible for a diversion 452
682+program, but was instead referred to the department, provided a 453
683+notice to appear, or arrested: 454
684+ 1. The data required pursuant to paragraph (a). 455
685+ 2. Whether the minor was offered the opportunity to 456
686+participate in a diversion program. If the minor was: 457
687+ a. Not offered such opportunity, the reason such offer was 458
688+not made. 459
689+ b. Offered such opportunity, whether the minor or his or 460
690+her parent or legal guardian decli ned to participate in the 461
691+diversion program. 462
692+ (c) The data required pursuant to paragraph (a) shall be 463
693+entered into the Juvenile Justice Information System Prevention 464
694+Web within 7 days after the youth's admission into the program. 465
695+ (d) The data required pursuant to paragraph (b) shall be 466
696+submitted on or with the arrest affidavit or notice to appear. 467
697+ (4) Beginning January 1, 2019, The department shall 468
698+compile and semiannually publish the data required by subsection 469
699+(3) on the department's website in a fo rmat that is, at a 470
700+minimum, sortable by judicial circuit, county, law enforcement 471
701+agency, race, ethnicity, gender, age, and offense committed. 472
702+ (5) The department shall provide a quarterly report to be 473
703+published on its website and distributed to the Gover nor, 474
704+President of the Senate, and Speaker of the House of 475
705+
706+CS/CS/HB 1181 2024
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708708
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713713 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
714714
715715
716716
717-the first-time, who is charged with a misdemeanor, and who wa s 476
718-that identifies for each minor who was eligible for a diversion 477
719-program, but was instead referred to the department, provided a 478
720-notice to appear, or arrested: 479
721- 1. The data required pursuant to paragraph (a). 480
722- 2. Whether the minor was offered the opport unity to 481
723-participate in a diversion program. If the minor was: 482
724- a. Not offered such opportunity, the reason such offer was 483
725-not made. 484
726- b. Offered such opportunity, whether the minor or his or 485
727-her parent or legal guardian declined to participate in the 486
728-diversion program. 487
729- (c) The data required pursuant to paragraph (a) shall be 488
730-entered into the Juvenile Justice Information System Prevention 489
731-Web within 7 days after the youth's admission into the program. 490
732- (d) The data required pursuant to paragraph (b) sha ll be 491
733-submitted on or with the arrest affidavit or notice to appear. 492
734- (4) Beginning January 1, 2019, The department shall 493
735-compile and semiannually publish the data required by subsection 494
736-(3) on the department's website in a format that is, at a 495
737-minimum, sortable by judicial circuit, county, law enforcement 496
738-agency, race, ethnicity, gender, age, and offense committed. 497
739- (5) The department shall provide a quarterly report to be 498
740-published on its website and distributed to the Governor, 499
741-President of the Senate, and Speaker of the House of 500
742-ENROLLED
743-CS/CS/HB 1181, Engrossed 1 2024 Legislature
717+Representatives listing the entities that use prearrest 476
718+delinquency citations for less than 70 percent of first -time 477
719+misdemeanor offenses. 478
720+ Section 7. Subsection (4) of section 985.245, Florida 479
721+Statutes, is amended to read: 480
722+ 985.245 Risk assessment instrument. — 481
723+ (4) For a child who is under the supervision of the 482
724+department through probation, supervised release detention, 483
725+conditional release, postcommitment probation, or commitment and 484
726+who is charged with committing a new offense, the risk 485
727+assessment instrument may be completed and scored based on the 486
728+underlying charge for which the child was placed under the 487
729+supervision of the department. 488
730+ Section 8. Subsection (1) of section 985.25, Florida 489
731+Statutes, is amended to read: 490
732+ 985.25 Detention intake. — 491
733+ (1) The department shall receive custody of a child who 492
734+has been taken into custody from the law enforcement agency or 493
735+court and shall review the facts in the law enforcement report 494
736+or probable cause affidavit and make such further inquiry as may 495
737+be necessary to determine whether detention care is appropriate. 496
738+ (a) During the period of time from the taking of the child 497
739+into custody to the date of the detention hearing, the initial 498
740+decision as to the child's placement into detention care shall 499
741+be made by the department under ss. 985.24 and 985.245(1). 500
742+
743+CS/CS/HB 1181 2024
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745745
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750750 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
751751
752752
753753
754-Representatives listing the entities that use prearrest 501
755-delinquency citations for less than 70 percent of first -time 502
756-misdemeanor offenses. 503
757- Section 8. Subsection (4) of section 985.245, Florida 504
758-Statutes, is amended to read: 505
759- 985.245 Risk assessment instrument. — 506
760- (4) For a child who is under the supervision of the 507
761-department through probation, supervised release detention, 508
762-conditional release, postcommitment probation, or commitment and 509
763-who is charged with committing a new offense, the risk 510
764-assessment instrument may be completed and scored based on the 511
765-underlying charge for which the child was placed under the 512
766-supervision of the department. 513
767- Section 9. Subsection (1) of section 985.25, Florida 514
768-Statutes, is amended to read: 515
769- 985.25 Detention intake. — 516
770- (1) The department shall receive custody of a child who 517
771-has been taken into custody from the law enforcement agency or 518
772-court and shall review the facts in the law enforcement report 519
773-or probable cause affidavit and make such further inquiry as may 520
774-be necessary to determine whether detention care is appropriate. 521
775- (a) During the period of time from the taking of the child 522
776-into custody to the date of the detention hearing, the initial 523
777-decision as to the child's placement into detention care shall 524
778-be made by the department under ss. 985.24 and 985.245(1). 525
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754+ (b) The department shall base the decision whether to 501
755+place the child into detention care on an assessment of risk in 502
756+accordance with the risk asses sment instrument and procedures 503
757+developed by the department under s. 985.245, except that a 504
758+child shall be placed in secure detention care until the child's 505
759+detention hearing if the child meets the criteria specified in 506
760+s. 985.255(1)(f), is charged with po ssessing or discharging a 507
761+firearm on school property in violation of s. 790.115, or is 508
762+charged with any other offense involving the possession or use 509
763+of a firearm. 510
764+ (c) If the final score on the child's risk assessment 511
765+instrument indicates detention care is appropriate, but the 512
766+department otherwise determines the child should be released, 513
767+the department shall contact the state attorney, who may 514
768+authorize release. 515
769+ (d) If the final score on the risk assessment instrument 516
770+indicates detention is not appropri ate, the child may be 517
771+released by the department in accordance with ss. 985.115 and 518
772+985.13. 519
773+ (e) Notwithstanding any other provision of law, a child 520
774+who is arrested for violating the terms of his or her electronic 521
775+monitoring supervision or his or her supe rvised release shall be 522
776+placed in secure detention until his or her detention hearing. 523
777+ (f) Notwithstanding any other provision of law, a child on 524
778+probation for an underlying felony firearm offense in chapter 525
779+
780+CS/CS/HB 1181 2024
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787787 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
788788
789789
790790
791- (b) The department shall base the decision whether to 526
792-place the child into detention care on an assessment of risk in 527
793-accordance with the r isk assessment instrument and procedures 528
794-developed by the department under s. 985.245, except that a 529
795-child shall be placed in secure detention care until the child's 530
796-detention hearing if the child meets the criteria specified in 531
797-s. 985.255(1)(f), is charged with possessing or discharging a 532
798-firearm on school property in violation of s. 790.115, or is 533
799-charged with any other offense involving the possession or use 534
800-of a firearm. 535
801- (c) If the final score on the child's risk assessment 536
802-instrument indicates detent ion care is appropriate, but the 537
803-department otherwise determines the child should be released, 538
804-the department shall contact the state attorney, who may 539
805-authorize release. 540
806- (d) If the final score on the risk assessment instrument 541
807-indicates detention is not appropriate, the child may be 542
808-released by the department in accordance with ss. 985.115 and 543
809-985.13. 544
810- (e) Notwithstanding any other provision of law, a child 545
811-who is arrested for violating the terms of his or her electronic 546
812-monitoring supervision or his or her supervised release shall be 547
813-placed in secure detention until his or her detention hearing. 548
814- (f) Notwithstanding any other provision of law, a child on 549
815-probation for an underlying felony firearm offense in chapter 550
816-ENROLLED
817-CS/CS/HB 1181, Engrossed 1 2024 Legislature
791+790 and who is taken into custody under s. 985 .101 for violating 526
792+conditions of probation not involving a new law violation shall 527
793+be held in secure detention to allow the state attorney to 528
794+review the violation. If, within 21 days, the state attorney 529
795+notifies the court that commitment will be sought, th en the 530
796+child shall remain in secure detention pending proceedings under 531
797+s. 985.439 until the initial 21 -day period of secure detention 532
798+has expired. Upon motion of the state attorney, the child may be 533
799+held for an additional 21 -day period if the court finds that the 534
800+totality of the circumstances, including the preservation of 535
801+public safety, warrants such extension. Any release from secure 536
802+detention shall result in the child being held on supervised 537
803+release with electronic monitoring pending proceedings under s. 538
804+985.439. 539
805+ 540
806+Under no circumstances shall the department or the state 541
807+attorney or law enforcement officer authorize the detention of 542
808+any child in a jail or other facility intended or used for the 543
809+detention of adults, without an order of the court. 544
810+ Section 9. Paragraph (a) of subsection (1) and subsection 545
811+(3) of section 985.255, Florida Statutes, are amended, and 546
812+paragraphs (g) and (h) are added to subsection (1) of that 547
813+section, to read: 548
814+ 985.255 Detention criteria; detention hearing. — 549
815+ (1) Subject to s. 985.25(1), a child taken into custody 550
816+
817+CS/CS/HB 1181 2024
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824824 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
825825
826826
827827
828-790 and who is taken into custody und er s. 985.101 for violating 551
829-conditions of probation not involving a new law violation shall 552
830-be held in secure detention to allow the state attorney to 553
831-review the violation. If, within 21 days, the state attorney 554
832-notifies the court that commitment will be s ought, then the 555
833-child shall remain in secure detention pending proceedings under 556
834-s. 985.439 until the initial 21 -day period of secure detention 557
835-has expired. Upon motion of the state attorney, the child may be 558
836-held for an additional 21 -day period if the cou rt finds that the 559
837-totality of the circumstances, including the preservation of 560
838-public safety, warrants such extension. Any release from secure 561
839-detention shall result in the child being held on supervised 562
840-release with electronic monitoring pending proceedin gs under s. 563
841-985.439. 564
842- 565
843-Under no circumstances shall the department or the state 566
844-attorney or law enforcement officer authorize the detention of 567
845-any child in a jail or other facility intended or used for the 568
846-detention of adults, without an order of the court. 569
847- Section 10. Paragraph (a) of subsection (1) and subsection 570
848-(3) of section 985.255, Florida Statutes, are amended, and 571
849-paragraphs (g) and (h) are added to subsection (1) of that 572
850-section, to read: 573
851- 985.255 Detention criteria; detention hearing. — 574
852- (1) Subject to s. 985.25(1), a child taken into custody 575
853-ENROLLED
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828+and placed into detention care shall be given a hearing within 551
829+24 hours after being taken into custody. At the hearing, the 552
830+court may order a continued detention status if: 553
831+ (a) The result of the risk assessm ent instrument pursuant 554
832+to s. 985.245 indicates secure or supervised release detention 555
833+or the court makes the findings required under paragraph (3)(b) . 556
834+ (g) The court finds probable cause at the detention 557
835+hearing that the child committed one or more of th e following 558
836+offenses: 559
837+ 1. Murder in the first degree under s. 782.04(1)(a). 560
838+ 2. Murder in the second degree under s. 782.04(2). 561
839+ 3. Armed robbery under s. 812.13(2)(a) that involves the 562
840+use or possession of a firearm as defined in s. 790.001. 563
841+ 4. Armed carjacking under s. 812.133(2)(a) that involves 564
842+the use or possession of a firearm as defined in s. 790.001. 565
843+ 5. Having a firearm while committing a felony under s. 566
844+790.07(2). 567
845+ 6. Armed burglary under s. 810.02(2)(b) that involves the 568
846+use or possession of a firearm as defined in s. 790.001. 569
847+ 7. Delinquent in possession of a firearm under s. 570
848+790.23(1)(b). 571
849+ 8. An attempt to commit any offense listed in this 572
850+paragraph under s. 777.04. 573
851+ (h) For a child who meets the criteria in paragraph (g): 574
852+ 1. There is a presumption that the child presents a risk 575
853+
854+CS/CS/HB 1181 2024
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861861 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
862862
863863
864864
865-and placed into detention care shall be given a hearing within 576
866-24 hours after being taken into custody. At the hearing, the 577
867-court may order a continued detention status if: 578
868- (a) The result of the risk as sessment instrument pursuant 579
869-to s. 985.245 indicates secure or supervised release detention 580
870-or the court makes the findings required under paragraph (3)(b) . 581
871- (g) The court finds probable cause at the detention 582
872-hearing that the child committed one or more of the following 583
873-offenses: 584
874- 1. Murder in the first degree under s. 782.04(1)(a). 585
875- 2. Murder in the second degree under s. 782.04(2). 586
876- 3. Armed robbery under s. 812.13(2)(a) that involves the 587
877-use or possession of a firearm as defined in s. 790.001. 588
878- 4. Armed carjacking under s. 812.133(2)(a) that involves 589
879-the use or possession of a firearm as defined in s. 790.001. 590
880- 5. Having a firearm while committing a felony under s. 591
881-790.07(2). 592
882- 6. Armed burglary under s. 810.02(2)(b) that involves the 593
883-use or possession of a firearm as defined in s. 790.001. 594
884- 7. Delinquent in possession of a firearm under s. 595
885-790.23(1)(b). 596
886- 8. An attempt to commit any offense listed in this 597
887-paragraph under s. 777.04. 598
888- (h) For a child who meets the criteria in paragraph (g): 599
889- 1. There is a presumption that the child presents a risk 600
890-ENROLLED
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865+to public safety and danger to the community and such child must 576
866+be held in secure detention prior to an adjudicatory hearing, 577
867+unless the court enters a written order that the child would not 578
868+present a risk to public safety or a danger to the community if 579
869+he or she were placed on supervised release detention care. 580
870+ 2. The written order releasing a child from secure 581
871+detention must be based on clear and convincing evidence why the 582
872+child does not present a r isk to public safety or a danger to 583
873+the community and must list the child's prior adjudications, 584
874+dispositions, and prior violations of pretrial release orders. A 585
875+court releasing a child from secure detention under this 586
876+subparagraph shall place the child on supervised release 587
877+detention care with electronic monitoring until the child's 588
878+adjudicatory hearing. 589
879+ 3. If an adjudicatory hearing has not taken place after 60 590
880+days of secure detention for a child held in secure detention 591
881+under this paragraph, the cour t must prioritize the efficient 592
882+disposition of cases and hold a review hearing within each 593
883+successive 7-day review period until the adjudicatory hearing or 594
884+until the child is placed on supervised release with electronic 595
885+monitoring under subparagraph 2. 596
886+ 4. If the court, under this section, releases a child to 597
887+supervised release detention care, the court must provide a copy 598
888+of the written order to the victim, to the law enforcement 599
889+agency that arrested the child, and to the law enforcement 600
890+
891+CS/CS/HB 1181 2024
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898898 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
899899
900900
901901
902-to public safety and danger to the community and such child must 601
903-be held in secure detention prior to an adjudicatory hearing, 602
904-unless the court enters a written order that the child would not 603
905-present a risk to public safety or a danger to the community if 604
906-he or she were placed on supervised release detention care. 605
907- 2. The written order releasing a child from secure 606
908-detention must be based on clear and convincing evidence why the 607
909-child does not present a risk to public safety or a danger to 608
910-the community and must list the child's prior adjudications, 609
911-dispositions, and prior violations of pretrial release orders. A 610
912-court releasing a child from secure detention under this 611
913-subparagraph shall place the child on supervised release 612
914-detention care with electronic monitoring until the child's 613
915-adjudicatory hearing. 614
916- 3. If an adjudicatory hearing has not taken place after 60 615
917-days of secure detention for a child held in secure detention 616
918-under this paragraph, the court must prioritize the efficient 617
919-disposition of cases and hold a review hearing within each 618
920-successive 7-day review period until the adjudicatory hearing or 619
921-until the child is placed on supervised release with electronic 620
922-monitoring under subparagrap h 2. 621
923- 4. If the court, under this section, releases a child to 622
924-supervised release detention care, the court must provide a copy 623
925-of the written order to the victim, to the law enforcement 624
926-agency that arrested the child, and to the law enforcement 625
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902+agency with primary jurisdiction over the child's primary 601
903+residence. 602
904+ (3)(a) The purpose of the detention hearing required under 603
905+subsection (1) is to determine the existence of probable cause 604
906+that the child has committed the delinquent act or violation of 605
907+law that he or she is charged with and the need for continued 606
908+detention. The court shall consider use the results of the risk 607
909+assessment performed by the department and, based on the 608
910+criteria in subsection (1), shall determine the need for 609
911+continued detention. If the chi ld is a prolific juvenile 610
912+offender who is detained under s. 985.26(2)(c), the court shall 611
913+consider use the results of the risk assessment performed by the 612
914+department and the criteria in subsection (1) or subsection (2) 613
915+only to determine whether the prolifi c juvenile offender should 614
916+be held in secure detention. 615
917+ (b) If The court may order orders a placement more or less 616
918+restrictive than indicated by the results of the risk assessment 617
919+instrument, and, if the court does so, shall state, in writing, 618
920+clear and convincing reasons for such placement. 619
921+ (c) Except as provided in s. 790.22(8) or s. 985.27, when 620
922+a child is placed into detention care, or into a respite home or 621
923+other placement pursuant to a court order following a hearing, 622
924+the court order must include specific instructions that direct 623
925+the release of the child from such placement no later than 5 624
926+p.m. on the last day of the detention period specified in s. 625
927+
928+CS/CS/HB 1181 2024
929929
930930
931931
932932 CODING: Words stricken are deletions; words underlined are additions.
933-hb1181-04-er
934-Page 26 of 52
933+hb1181-02-c2
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935935 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
936936
937937
938938
939-agency with primary jurisdiction over the child's primary 626
940-residence. 627
941- (3)(a) The purpose of the detention hearing required under 628
942-subsection (1) is to determine the existence of probable cause 629
943-that the child has committed the delinquent act or violation of 630
944-law that he or she is charged with and the need for continued 631
945-detention. The court shall consider use the results of the risk 632
946-assessment performed by the department and, based on the 633
947-criteria in subsection (1), shall determine the need for 634
948-continued detention. If the child is a prolific juvenile 635
949-offender who is detained under s. 985.26(2)(c), the court shall 636
950-consider use the results of the risk assessment performed by the 637
951-department and the criteria in subsection (1) or subsection (2) 638
952-only to determine whe ther the prolific juvenile offender should 639
953-be held in secure detention. 640
954- (b) If The court may order orders a placement more or less 641
955-restrictive than indicated by the results of the risk assessment 642
956-instrument, and, if the court does so, shall state, in writing, 643
957-clear and convincing reasons for such placement. 644
958- (c) Except as provided in s. 790.22(8) or s. 985.27, when 645
959-a child is placed into detention care, or into a respite home or 646
960-other placement pursuant to a court order following a hearing, 647
961-the court order must include specific instructions that direct 648
962-the release of the child from such placement no later than 5 649
963-p.m. on the last day of the detention period specified in s. 650
964-ENROLLED
965-CS/CS/HB 1181, Engrossed 1 2024 Legislature
939+985.26 or s. 985.27, whichever is applicable, unless the 626
940+requirements of such applicable provision h ave been met or an 627
941+order of continuance has been granted under s. 985.26(4). If the 628
942+court order does not include a release date, the release date 629
943+shall be requested from the court on the same date that the 630
944+child is placed in detention care. If a subsequent hearing is 631
945+needed to provide additional information to the court for safety 632
946+planning, the initial order placing the child in detention care 633
947+shall reflect the next detention review hearing, which shall be 634
948+held within 3 calendar days after the child's initi al detention 635
949+placement. 636
950+ Section 10. Paragraph (b) of subsection (2) of section 637
951+985.26, Florida Statutes, is amended to read: 638
952+ 985.26 Length of detention. — 639
953+ (2) 640
954+ (b) The court may order the child to be held in secure 641
955+detention beyond 21 days under the following circumstances: 642
956+ 1. Upon good cause being shown that the nature of the 643
957+charge requires additional time for the prosecution or defense 644
958+of the case or that the totality of the circumstances, including 645
959+the preservation of public safety, warrants an extension, the 646
960+court may extend the length of secure detention care for up to 647
961+an additional 21 days if the child is charged with an offense 648
962+which, if committed by an adult, would be a capital felony, a 649
963+life felony, a felony of the first degree or the seco nd degree, 650
964+
965+CS/CS/HB 1181 2024
966966
967967
968968
969969 CODING: Words stricken are deletions; words underlined are additions.
970-hb1181-04-er
971-Page 27 of 52
970+hb1181-02-c2
971+Page 27 of 50
972972 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
973973
974974
975975
976-985.26 or s. 985.27, whichever is applicable, unless the 651
977-requirements of such applic able provision have been met or an 652
978-order of continuance has been granted under s. 985.26(4). If the 653
979-court order does not include a release date, the release date 654
980-shall be requested from the court on the same date that the 655
981-child is placed in detention care. If a subsequent hearing is 656
982-needed to provide additional information to the court for safety 657
983-planning, the initial order placing the child in detention care 658
984-shall reflect the next detention review hearing, which shall be 659
985-held within 3 calendar days after t he child's initial detention 660
986-placement. 661
987- Section 11. Paragraph (b) of subsection (2) of section 662
988-985.26, Florida Statutes, is amended to read: 663
989- 985.26 Length of detention. — 664
990- (2) 665
991- (b) The court may order the child to be held in secure 666
992-detention beyond 21 days under the following circumstances: 667
993- 1. Upon good cause being shown that the nature of the 668
994-charge requires additional time for the prosecution or defense 669
995-of the case or that the totality of the circumstances, including 670
996-the preservation of public saf ety, warrants an extension, the 671
997-court may extend the length of secure detention care for up to 672
998-an additional 21 days if the child is charged with an offense 673
999-which, if committed by an adult, would be a capital felony, a 674
1000-life felony, a felony of the first de gree or the second degree, 675
1001-ENROLLED
1002-CS/CS/HB 1181, Engrossed 1 2024 Legislature
976+a felony of the third degree involving violence against any 651
977+individual, or any other offense involving the possession or use 652
978+of a firearm. Except as otherwise provided in subparagraph 2., 653
979+the court may continue to extend the period of secure det ention 654
980+care in increments of up to 21 days each by conducting a hearing 655
981+before the expiration of the current period to determine the 656
982+need for continued secure detention of the child. At the 657
983+hearing, the court must make the required findings in writing to 658
984+extend the period of secure detention. If the court extends the 659
985+time period for secure detention care, it shall ensure an 660
986+adjudicatory hearing for the case commences as soon as is 661
987+reasonably possible considering the totality of the 662
988+circumstances. The court shall prioritize the efficient 663
989+disposition of cases in which the child has served 60 or more 664
990+days in secure detention care. 665
991+ 2. When the child is being held in secure detention under 666
992+s. 985.255(1)(g), and subject to s. 985.255(1)(h). 667
993+ Section 11. Paragraph (d) is added to subsection (7) of 668
994+section 985.433, Florida Statutes, and subsections (8) and (9) 669
995+of that section are amended, to read: 670
996+ 985.433 Disposition hearings in delinquency cases. —When a 671
997+child has been found to have committed a delinquent act, the 672
998+following procedures shall be applicable to the disposition of 673
999+the case: 674
1000+ (7) If the court determines that the child should be 675
1001+
1002+CS/CS/HB 1181 2024
10031003
10041004
10051005
10061006 CODING: Words stricken are deletions; words underlined are additions.
1007-hb1181-04-er
1008-Page 28 of 52
1007+hb1181-02-c2
1008+Page 28 of 50
10091009 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
10101010
10111011
10121012
1013-a felony of the third degree involving violence against any 676
1014-individual, or any other offense involving the possession or use 677
1015-of a firearm. Except as otherwise provided in subparagraph 2., 678
1016-the court may continue to extend the peri od of secure detention 679
1017-care in increments of up to 21 days each by conducting a hearing 680
1018-before the expiration of the current period to determine the 681
1019-need for continued secure detention of the child. At the 682
1020-hearing, the court must make the required findings in writing to 683
1021-extend the period of secure detention. If the court extends the 684
1022-time period for secure detention care, it shall ensure an 685
1023-adjudicatory hearing for the case commences as soon as is 686
1024-reasonably possible considering the totality of the 687
1025-circumstances. The court shall prioritize the efficient 688
1026-disposition of cases in which the child has served 60 or more 689
1027-days in secure detention care. 690
1028- 2. When the child is being held in secure detention under 691
1029-s. 985.255(1)(g), and subject to s. 985.255(1)(h). 692
1030- Section 12. Paragraph (d) is added to subsection (7) of 693
1031-section 985.433, Florida Statutes, and subsections (8) and (9) 694
1032-of that section are amended, to read: 695
1033- 985.433 Disposition hearings in delinquency cases. —When a 696
1034-child has been found to have committed a delinquent act, the 697
1035-following procedures shall be applicable to the disposition of 698
1036-the case: 699
1037- (7) If the court determines that the child should be 700
1038-ENROLLED
1039-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1013+adjudicated as having committed a delinquent act and should be 676
1014+committed to the department, such determination shall be in 677
1015+writing or on the record of the hearing. The determination shall 678
1016+include a specific finding of the reasons for the decision to 679
1017+adjudicate and to commit the child to the department, including 680
1018+any determination that the child was a member of a criminal 681
1019+gang. 682
1020+ (d) Any child adjudicated by the court and committed to 683
1021+the department under a restrictiveness level described in s. 684
1022+985.03(44)(a)–(d), for any offense or attempted offense 685
1023+involving a firearm must be placed on conditional release, as 686
1024+defined in s. 985.03, for a period of 1 year following his or 687
1025+her release from a commitment program. Such term of conditional 688
1026+release shall include electronic monitoring of the child by the 689
1027+department for the initial 6 months following his or her release 690
1028+and at times and under terms and conditions set by the 691
1029+department. 692
1030+ (8) If the court determines not to adjudicate and commit 693
1031+to the department, then the court shall determine what 694
1032+community-based sanctions it will impose in a probation program 695
1033+for the child. Community -based sanctions may include, but are 696
1034+not limited to, participation in substance abuse treatment, a 697
1035+day-treatment probation program, restitution in money or in 698
1036+kind, a curfew, revocation or suspension of the driver license 699
1037+of the child, community service, and ap propriate educational 700
1038+
1039+CS/CS/HB 1181 2024
10401040
10411041
10421042
10431043 CODING: Words stricken are deletions; words underlined are additions.
1044-hb1181-04-er
1045-Page 29 of 52
1044+hb1181-02-c2
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10461046 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
10471047
10481048
10491049
1050-adjudicated as having committed a delinquent act and should be 701
1051-committed to the department, such determinat ion shall be in 702
1052-writing or on the record of the hearing. The determination shall 703
1053-include a specific finding of the reasons for the decision to 704
1054-adjudicate and to commit the child to the department, including 705
1055-any determination that the child was a member of a criminal 706
1056-gang. 707
1057- (d) Any child adjudicated by the court and committed to 708
1058-the department under a restrictiveness level described in s. 709
1059-985.03(44)(a)–(d), for any offense or attempted offense 710
1060-involving a firearm must be placed on conditional release, as 711
1061-defined in s. 985.03, for a period of 1 year following his or 712
1062-her release from a commitment program. Such term of conditional 713
1063-release shall include electronic monitoring of the child by the 714
1064-department for the initial 6 months following his or her release 715
1065-and at times and under terms and conditions set by the 716
1066-department. 717
1067- (8) If the court determines not to adjudicate and commit 718
1068-to the department, then the court shall determine what 719
1069-community-based sanctions it will impose in a probation program 720
1070-for the child. Community-based sanctions may include, but are 721
1071-not limited to, participation in substance abuse treatment, a 722
1072-day-treatment probation program, restitution in money or in 723
1073-kind, a curfew, revocation or suspension of the driver license 724
1074-of the child, community service, and appropriate educational 725
1075-ENROLLED
1076-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1050+programs as determined by the district school board. 701
1051+ (a)1. Where a child is found to have committed an offense 702
1052+that involves the use or possession of a firearm, as defined in 703
1053+s. 790.001, other than a violation of s. 790.22(3), or is found 704
1054+to have committed an offense during the commission of which the 705
1055+child possessed a firearm, and the court has decided not to 706
1056+commit the child to a residential program, the court shall order 707
1057+the child, in addition to any other punishment provided by l aw, 708
1058+to: 709
1059+ a. Serve a period of detention of 30 days in a secure 710
1060+detention facility, with credit for time served in secure 711
1061+detention prior to disposition. 712
1062+ b. Perform 100 hours of community service or paid work as 713
1063+determined by the department. 714
1064+ c. Be placed on probation for a period of at least 1 year. 715
1065+Such term of probation shall include electronic monitoring of 716
1066+the child by the department at times and under terms and 717
1067+conditions set by the department. 718
1068+ 2. In addition to the penalties in subparagraph 1., the 719
1069+court may impose the following restrictions upon the child's 720
1070+driving privileges: 721
1071+ a. If the child is eligible by reason of age for a driver 722
1072+license or driving privilege, the court may direct the 723
1073+Department of Highway Safety and Motor Vehicles to revok e or to 724
1074+withhold issuance of the child's driver license or driving 725
1075+
1076+CS/CS/HB 1181 2024
10771077
10781078
10791079
10801080 CODING: Words stricken are deletions; words underlined are additions.
1081-hb1181-04-er
1082-Page 30 of 52
1081+hb1181-02-c2
1082+Page 30 of 50
10831083 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
10841084
10851085
10861086
1087-programs as determined by the district school board. 726
1088- (a)1. Where a child is found to have committed an offense 727
1089-that involves the use or possession of a firearm, as defined in 728
1090-s. 790.001, other than a violation of s. 790.22(3), or is found 729
1091-to have committed an offense during the commission of which the 730
1092-child possessed a firearm, and the court has decided not to 731
1093-commit the child to a residential program, the court shall order 732
1094-the child, in addition to any other punishme nt provided by law, 733
1095-to: 734
1096- a. Serve a period of detention of 30 days in a secure 735
1097-detention facility, with credit for time served in secure 736
1098-detention prior to disposition. 737
1099- b. Perform 100 hours of community service or paid work as 738
1100-determined by the departme nt. 739
1101- c. Be placed on probation for a period of at least 1 year. 740
1102-Such term of probation shall include electronic monitoring of 741
1103-the child by the department at times and under terms and 742
1104-conditions set by the department. 743
1105- 2. In addition to the penalties in s ubparagraph 1., the 744
1106-court may impose the following restrictions upon the child's 745
1107-driving privileges: 746
1108- a. If the child is eligible by reason of age for a driver 747
1109-license or driving privilege, the court may direct the 748
1110-Department of Highway Safety and Motor V ehicles to revoke or to 749
1111-withhold issuance of the child's driver license or driving 750
1112-ENROLLED
1113-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1087+privilege for up to 1 year. 726
1088+ b. If the child's driver license or driving privilege is 727
1089+under suspension or revocation for any reason, the court may 728
1090+direct the Department of Highway Safety a nd Motor Vehicles to 729
1091+extend the period of suspension or revocation by an additional 730
1092+period for up to 1 year. 731
1093+ c. If the child is ineligible by reason of age for a 732
1094+driver license or driving privilege, the court may direct the 733
1095+Department of Highway Safety a nd Motor Vehicles to withhold 734
1096+issuance of the minor's driver license or driving privilege for 735
1097+up to 1 year after the date on which the child would otherwise 736
1098+have become eligible. 737
1099+ 738
1100+For the purposes of this paragraph, community service shall be 739
1101+performed, if possible, in a manner involving a hospital 740
1102+emergency room or other medical environment that deals on a 741
1103+regular basis with trauma patients and gunshot wounds. 742
1104+ (b) A child who has previously had adjudication withheld 743
1105+for any of the following offenses shal l not be eligible for a 744
1106+second or subsequent withhold of adjudication if he or she is 745
1107+subsequently found to have committed any of the following 746
1108+offenses, and must be adjudicated delinquent and committed to a 747
1109+residential program: 748
1110+ 1. Armed robbery involvin g a firearm under s. 749
1111+812.13(2)(a). 750
1112+
1113+CS/CS/HB 1181 2024
11141114
11151115
11161116
11171117 CODING: Words stricken are deletions; words underlined are additions.
1118-hb1181-04-er
1119-Page 31 of 52
1118+hb1181-02-c2
1119+Page 31 of 50
11201120 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
11211121
11221122
11231123
1124-privilege for up to 1 year. 751
1125- b. If the child's driver license or driving privilege is 752
1126-under suspension or revocation for any reason, the court may 753
1127-direct the Department of Highway Safety and Motor Vehicles to 754
1128-extend the period of suspension or revocation by an additional 755
1129-period for up to 1 year. 756
1130- c. If the child is ineligible by reason of age for a 757
1131-driver license or driving privilege, the court may direct the 758
1132-Department of Highway Safety and Motor Vehicles to withhold 759
1133-issuance of the minor's driver license or driving privilege for 760
1134-up to 1 year after the date on which the child would otherwise 761
1135-have become eligible. 762
1136- 763
1137-For the purposes of this paragraph, community service shall be 764
1138-performed, if possible, in a manner involving a hospital 765
1139-emergency room or other medical environment that deals on a 766
1140-regular basis with trauma patients and gunshot wounds. 767
1141- (b) A child who has previously had adjudication withheld 768
1142-for any of the followi ng offenses shall not be eligible for a 769
1143-second or subsequent withhold of adjudication if he or she is 770
1144-subsequently found to have committed any of the following 771
1145-offenses, and must be adjudicated delinquent and committed to a 772
1146-residential program: 773
1147- 1. Armed robbery involving a firearm under s. 774
1148-812.13(2)(a). 775
1149-ENROLLED
1150-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1124+ 2. Armed carjacking under s. 812.133(2)(a) involving the 751
1125+use or possession of a firearm as defined in s. 790.001. 752
1126+ 3. Having a firearm while committing a felony under s. 753
1127+790.07(2). 754
1128+ 4. Armed burglary under s. 810.02(2) (b) involving the use 755
1129+or possession of a firearm as defined in s. 790.001. 756
1130+ 5. Delinquent in possession of a firearm under s. 757
1131+790.23(1)(b). 758
1132+ 6. An attempt to commit any offense listed in this 759
1133+paragraph under s. 777.04. 760
1134+ (9) After appropriate sanctions for the offense are 761
1135+determined, including any minimum sanctions required by this 762
1136+section, the court shall develop, approve, and order a plan of 763
1137+probation that will contain rules, requirements, conditions, and 764
1138+rehabilitative programs, including the option o f a day-treatment 765
1139+probation program, that are designed to encourage responsible 766
1140+and acceptable behavior and to promote both the rehabilitation 767
1141+of the child and the protection of the community. 768
1142+ Section 12. Subsections (1), (3), and (4) of section 769
1143+985.435, Florida Statutes, are amended to read: 770
1144+ 985.435 Probation and postcommitment probation ; community 771
1145+service.— 772
1146+ (1) The court that has jurisdiction over an adjudicated 773
1147+delinquent child may, by an order stating the facts upon which a 774
1148+determination of a sa nction and rehabilitative program was made 775
1149+
1150+CS/CS/HB 1181 2024
11511151
11521152
11531153
11541154 CODING: Words stricken are deletions; words underlined are additions.
1155-hb1181-04-er
1156-Page 32 of 52
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11571157 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
11581158
11591159
11601160
1161- 2. Armed carjacking under s. 812.133(2)(a) involving the 776
1162-use or possession of a firearm as defined in s. 790.001. 777
1163- 3. Having a firearm while committing a felony under s. 778
1164-790.07(2). 779
1165- 4. Armed burglary under s. 810.02(2)(b) involving the use 780
1166-or possession of a firearm as defined in s. 790.001. 781
1167- 5. Delinquent in possession of a firearm under s. 782
1168-790.23(1)(b). 783
1169- 6. An attempt to commit any offense listed in this 784
1170-paragraph under s. 777.04. 785
1171- (9) After appropriate sanctions for the offense are 786
1172-determined, including any minimum sanctions required by this 787
1173-section, the court shall develop, approve, and order a plan of 788
1174-probation that will contain rules, requirements, conditions, and 789
1175-rehabilitative programs, including the option of a day -treatment 790
1176-probation program, that are designed to encourage responsible 791
1177-and acceptable behavior and to promote both the rehabilitation 792
1178-of the child and the protection of the community. 793
1179- Section 13. Subsections (1), (3), and (4) of section 794
1180-985.435, Florida Statutes, are amended to read: 795
1181- 985.435 Probation and postcommitment probation ; community 796
1182-service.— 797
1183- (1) The court that has jurisdiction over an adjudicated 798
1184-delinquent child may, by an order stating the fact s upon which a 799
1185-determination of a sanction and rehabilitative program was made 800
1186-ENROLLED
1187-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1161+at the disposition hearing, place the child in a probation 776
1162+program or a postcommitment probation program . Such placement 777
1163+must be under the supervision of an authorized agent of the 778
1164+department or of any other perso n or agency specifically 779
1165+authorized and appointed by the court, whether in the child's 780
1166+own home, in the home of a relative of the child, or in some 781
1167+other suitable place under such reasonable conditions as the 782
1168+court may direct. 783
1169+ (3) A probation program mus t also include a rehabilitative 784
1170+program component such as a requirement of participation in 785
1171+substance abuse treatment or in a school or career and technical 786
1172+education program. The nonconsent of the child to treatment in a 787
1173+substance abuse treatment program in no way precludes the court 788
1174+from ordering such treatment. Upon the recommendation of the 789
1175+department at the time of disposition, or subsequent to 790
1176+disposition pursuant to the filing of a petition alleging a 791
1177+violation of the child's conditions of postcommitment probation, 792
1178+the court may order the child to submit to random testing for 793
1179+the purpose of detecting and monitoring the use of alcohol or 794
1180+controlled substances. 795
1181+ (4) A probation program must may also include an 796
1182+alternative consequence component to addre ss instances in which 797
1183+a child is noncompliant with technical conditions of his or her 798
1184+probation but has not committed any new violations of law. The 799
1185+alternative consequence component must be aligned with the 800
1186+
1187+CS/CS/HB 1181 2024
11881188
11891189
11901190
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1192-hb1181-04-er
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11941194 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
11951195
11961196
11971197
1198-at the disposition hearing, place the child in a probation 801
1199-program or a postcommitment probation program . Such placement 802
1200-must be under the supervision of an authorized agent of the 803
1201-department or of any other person or agency specifically 804
1202-authorized and appointed by the court, whether in the child's 805
1203-own home, in the home of a relative of the child, or in some 806
1204-other suitable place under such reasonable conditions as the 807
1205-court may direct. 808
1206- (3) A probation program must also include a rehabilitative 809
1207-program component such as a requirement of participation in 810
1208-substance abuse treatment or in a school or career and technical 811
1209-education program. The nonconsent of the child to treatment in a 812
1210-substance abuse treatment program in no way precludes the court 813
1211-from ordering such treatment. Upon the recommendation of the 814
1212-department at the time of disposition, or subsequent to 815
1213-disposition pursuant to the filing of a petition alleging a 816
1214-violation of the child's conditions of postcommitment probation, 817
1215-the court may order the child to submit to random testing for 818
1216-the purpose of detecting and monitoring the use of alcohol or 819
1217-controlled substances. 820
1218- (4) A probation program must may also include an 821
1219-alternative consequence component to address instances in which 822
1220-a child is noncompliant with technical conditions of his or her 823
1221-probation but has not committed any new violations of law. The 824
1222-alternative consequence component must be aligned with the 825
1223-ENROLLED
1224-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1198+department's graduated response matrix as descri bed in s. 801
1199+985.438 Each judicial circuit shall develop, in consultation 802
1200+with judges, the state attorney, the public defender, the 803
1201+regional counsel, relevant law enforcement agencies, and the 804
1202+department, a written plan specifying the alternative 805
1203+consequence component which must be based upon the principle 806
1204+that sanctions must reflect the seriousness of the violation, 807
1205+the assessed criminogenic needs and risks of the child, the 808
1206+child's age and maturity level, and how effective the sanction 809
1207+or incentive will be i n moving the child to compliant behavior. 810
1208+The alternative consequence component is designed to provide 811
1209+swift and appropriate consequences or incentives to a child who 812
1210+is alleged to be noncompliant with or in violation of probation. 813
1211+If the probation program includes this component, specific 814
1212+consequences that apply to noncompliance with specific technical 815
1213+conditions of probation, as well as incentives used to move the 816
1214+child toward compliant behavior, must be detailed in the 817
1215+disposition order. 818
1216+ Section 13. Section 985.438, Florida Statutes, is created 819
1217+to read: 820
1218+ 985.438 Graduated response matrix. — 821
1219+ (1) The department shall create and administer a statewide 822
1220+plan to hold youths accountable to the terms of their court 823
1221+ordered probation and the terms of their conditional release. 824
1222+The plan must be based upon the principle that sanctions must 825
1223+
1224+CS/CS/HB 1181 2024
12251225
12261226
12271227
12281228 CODING: Words stricken are deletions; words underlined are additions.
1229-hb1181-04-er
1230-Page 34 of 52
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12311231 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
12321232
12331233
12341234
1235-department's graduated response matrix as described in s. 826
1236-985.438 Each judicial circuit shall develop, in consultation 827
1237-with judges, the state attorney, the public defender, the 828
1238-regional counsel, relevant law enforcement agencies, and the 829
1239-department, a written plan spe cifying the alternative 830
1240-consequence component which must be based upon the principle 831
1241-that sanctions must reflect the seriousness of the violation, 832
1242-the assessed criminogenic needs and risks of the child, the 833
1243-child's age and maturity level, and how effective the sanction 834
1244-or incentive will be in moving the child to compliant behavior. 835
1245-The alternative consequence component is designed to provide 836
1246-swift and appropriate consequences or incentives to a child who 837
1247-is alleged to be noncompliant with or in violation of probation. 838
1248-If the probation program includes this component, specific 839
1249-consequences that apply to noncompliance with specific technical 840
1250-conditions of probation, as well as incentives used to move the 841
1251-child toward compliant behavior, must be detailed in the 842
1252-disposition order. 843
1253- Section 14. Section 985.438, Florida Statutes, is created 844
1254-to read: 845
1255- 985.438 Graduated response matrix. — 846
1256- (1) The department shall create and administer a statewide 847
1257-plan to hold youths accountable to the terms of their court 848
1258-ordered probation and the terms of their conditional release. 849
1259-The plan must be based upon the principle that sanctions must 850
1260-ENROLLED
1261-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1235+reflect the seriousness of the violation, provide immediate 826
1236+accountability for violations, the assessed criminogenic needs 827
1237+and risks of the child, and the child's age and maturity level. 828
1238+The plan is designed to provide swift and appropriate 829
1239+consequences or incentives to a child who is alleged to be 830
1240+noncompliant with or in violation of his or her probation. 831
1241+ (2) The graduated response matrix shall outline sanctions 832
1242+for youth based on their risk to reoffend and shall include, but 833
1243+not be limited to: 834
1244+ (a) Increased contacts. 835
1245+ (b) Increased drug tests. 836
1246+ (c) Curfew reductions. 837
1247+ (d) Increased community service. 838
1248+ (e) Additional evaluations. 839
1249+ (f) Addition of electronic monitoring. 840
1250+ (3) The graduated response matrix shall be adopted in rule 841
1251+by the department. 842
1252+ Section 14. Section 985.439, Florida Statutes, is amended 843
1253+to read: 844
1254+ 985.439 Violation of probation or postcommitment 845
1255+probation.— 846
1256+ (1)(a) This section is applicable when the court has 847
1257+jurisdiction over a child on probation or postcommitment 848
1258+probation, regardless of adjudication. 849
1259+ (b) If the conditions of the probation program or the 850
1260+
1261+CS/CS/HB 1181 2024
12621262
12631263
12641264
12651265 CODING: Words stricken are deletions; words underlined are additions.
1266-hb1181-04-er
1267-Page 35 of 52
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12681268 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
12691269
12701270
12711271
1272-reflect the seriousness of the violation, provide immediate 851
1273-accountability for violations, the assessed criminogenic needs 852
1274-and risks of the child, and the child's age and maturity level. 853
1275-The plan is designed to provide swift and appropriate 854
1276-consequences or incentives to a child who is alleged to be 855
1277-noncompliant with or in violation of his or her probation. 856
1278- (2) The graduated response matri x shall outline sanctions 857
1279-for youth based on their risk to reoffend and shall include, but 858
1280-not be limited to: 859
1281- (a) Increased contacts. 860
1282- (b) Increased drug tests. 861
1283- (c) Curfew reductions. 862
1284- (d) Increased community service. 863
1285- (e) Additional evaluations. 864
1286- (f) Addition of electronic monitoring. 865
1287- (3) The graduated response matrix shall be adopted in rule 866
1288-by the department. 867
1289- Section 15. Section 985.439, Florida Statutes, is amended 868
1290-to read: 869
1291- 985.439 Violation of probation or postcommitment 870
1292-probation.— 871
1293- (1)(a) This section is applicable when the court has 872
1294-jurisdiction over a child on probation or postcommitment 873
1295-probation, regardless of adjudication. 874
1296- (b) If the conditions of the probation program or the 875
1297-ENROLLED
1298-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1272+postcommitment probation program are violated, the department or 851
1273+the state attorney may bring the child before the court on a 852
1274+petition alleging a violation of the program. A child who 853
1275+violates the conditions of probation or postcommitment probation 854
1276+must be brought before the court if san ctions are sought. 855
1277+ (c) Upon receiving notice of a violation of probation from 856
1278+the department, the state attorney must file the violation 857
1279+within 5 days or provide in writing to the department and the 858
1280+court the reason as to why he or she is not filing. 859
1281+ (2) A child taken into custody under s. 985.101 for 860
1282+violating the conditions of probation shall be screened and 861
1283+detained or released based on his or her risk assessment 862
1284+instrument score. 863
1285+ (3) If the child denies violating the conditions of 864
1286+probation or postcommitment probation , the court shall, upon the 865
1287+child's request, appoint counsel to represent the child. 866
1288+ (4) Upon the child's admission, or if the court finds 867
1289+after a hearing that the child has violated the conditions of 868
1290+probation or postcommitment prob ation, the court shall enter an 869
1291+order revoking, modifying, or continuing probation or 870
1292+postcommitment probation . In each such case, the court shall 871
1293+enter a new disposition order and, in addition to the sanctions 872
1294+set forth in this section, may impose any san ction the court 873
1295+could have imposed at the original disposition hearing. If the 874
1296+child is found to have violated the conditions of probation or 875
1297+
1298+CS/CS/HB 1181 2024
12991299
13001300
13011301
13021302 CODING: Words stricken are deletions; words underlined are additions.
1303-hb1181-04-er
1304-Page 36 of 52
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13051305 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
13061306
13071307
13081308
1309-postcommitment probation program are violated, the department or 876
1310-the state attorney may bring the child before the court on a 877
1311-petition alleging a violation of the program. A child who 878
1312-violates the conditions of probation or postcommitment probation 879
1313-must be brought before the court if sanctions are sought. 880
1314- (c) Upon receiving notice of a violation of probation from 881
1315-the department, the state attorney must file the violation 882
1316-within 5 days or provide in writing to the department and the 883
1317-court the reason as to why he or she is not filing. 884
1318- (2) A child taken int o custody under s. 985.101 for 885
1319-violating the conditions of probation shall be screened and 886
1320-detained or released based on his or her risk assessment 887
1321-instrument score. 888
1322- (3) If the child denies violating the conditions of 889
1323-probation or postcommitment probatio n, the court shall, upon the 890
1324-child's request, appoint counsel to represent the child. 891
1325- (4) Upon the child's admission, or if the court finds 892
1326-after a hearing that the child has violated the conditions of 893
1327-probation or postcommitment probation , the court shall enter an 894
1328-order revoking, modifying, or continuing probation or 895
1329-postcommitment probation . In each such case, the court shall 896
1330-enter a new disposition order and, in addition to the sanctions 897
1331-set forth in this section, may impose any sanction the court 898
1332-could have imposed at the original disposition hearing. If the 899
1333-child is found to have violated the conditions of probation or 900
1334-ENROLLED
1335-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1309+postcommitment probation , the court may: 876
1310+ (a) Place the child in supervised release detention with 877
1311+electronic monitoring. 878
1312+ (b) If the violation of probation is technical in nature 879
1313+and not a new violation of law, place the child in an 880
1314+alternative consequence program designed to provide swift and 881
1315+appropriate consequences to any further violations of probation. 882
1316+ 1. Alternative consequence programs shall be established, 883
1317+within existing resources, at the local level in coordination 884
1318+with law enforcement agencies, the chief judge of the circuit, 885
1319+the state attorney, and the public defender. 886
1320+ 2. Alternative consequence prog rams may be operated by an 887
1321+entity such as a law enforcement agency, the department, a 888
1322+juvenile assessment center, a county or municipality, or another 889
1323+entity selected by the department. 890
1324+ 3. Upon placing a child in an alternative consequence 891
1325+program, the court must approve specific consequences for 892
1326+specific violations of the conditions of probation. 893
1327+ (c) Modify or continue the child's probation program or 894
1328+postcommitment probation program . 895
1329+ (d) Revoke probation or postcommitment probation and 896
1330+commit the child to the department. 897
1331+ (e) Allow the department to place a child on electronic 898
1332+monitoring for a violation of probation if it determines doing 899
1333+so will preserve and protect public safety. 900
1334+
1335+CS/CS/HB 1181 2024
13361336
13371337
13381338
13391339 CODING: Words stricken are deletions; words underlined are additions.
1340-hb1181-04-er
1341-Page 37 of 52
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13421342 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
13431343
13441344
13451345
1346-postcommitment probation , the court may: 901
1347- (a) Place the child in supervised release detention with 902
1348-electronic monitoring. 903
1349- (b) If the violation of probation is technical in nature 904
1350-and not a new violation of law, place the child in an 905
1351-alternative consequence program designed to provide swift and 906
1352-appropriate consequences to any further violations of probation. 907
1353- 1. Alternative consequence programs shall be established, 908
1354-within existing resources, at the local level in coordination 909
1355-with law enforcement agencies, the chief judge of the circuit, 910
1356-the state attorney, and the public defender. 911
1357- 2. Alternative consequence programs may b e operated by an 912
1358-entity such as a law enforcement agency, the department, a 913
1359-juvenile assessment center, a county or municipality, or another 914
1360-entity selected by the department. 915
1361- 3. Upon placing a child in an alternative consequence 916
1362-program, the court must approve specific consequences for 917
1363-specific violations of the conditions of probation. 918
1364- (c) Modify or continue the child's probation program or 919
1365-postcommitment probation program . 920
1366- (d) Revoke probation or postcommitment probation and 921
1367-commit the child to the department. 922
1368- (e) Allow the department to place a child on electronic 923
1369-monitoring for a violation of probation if it determines doing 924
1370-so will preserve and protect public safety. 925
1371-ENROLLED
1372-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1346+ (5) Upon the recommendation of the department at the time 901
1347+of disposition, or subsequent to disposition pursuant to the 902
1348+filing of a petition alleging a violation of the child's 903
1349+conditions of postcommitment probation, the court may order the 904
1350+child to submit to random testing for the purpose of detecting 905
1351+and monitoring the use of alcohol or controlled substances. 906
1352+ Section 15. Subsection (5) is added to section 985.455, 907
1353+Florida Statutes, to read: 908
1354+ 985.455 Other dispositional issues. — 909
1355+ (5) If the court orders revocation or suspension of a 910
1356+child's driver license as part of a disposition, the court may, 911
1357+upon finding a compelling circumstance to warrant an exception, 912
1358+direct the Department of Highway Safety and Motor Vehicles to 913
1359+issue a license for driving privileges restricted to business or 914
1360+employment purposes only, as defin ed in s. 322.271. 915
1361+ Section 16. Subsections (2), (3), and (5) of section 916
1362+985.46, Florida Statutes, are amended, and subsection (6) is 917
1363+added to that section, to read: 918
1364+ 985.46 Conditional release. — 919
1365+ (2) It is the intent of the Legislature that: 920
1366+ (a) Commitment programs include rehabilitative efforts on 921
1367+preparing committed juveniles for a successful release to the 922
1368+community. 923
1369+ (b) Conditional release transition planning begins as 924
1370+early in the commitment process as possible. 925
1371+
1372+CS/CS/HB 1181 2024
13731373
13741374
13751375
13761376 CODING: Words stricken are deletions; words underlined are additions.
1377-hb1181-04-er
1378-Page 38 of 52
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13791379 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
13801380
13811381
13821382
1383- (5) Upon the recommendation of the department at the time 926
1384-of disposition, or subsequent to disposition pursuant to the 927
1385-filing of a petition alleging a violation of the child's 928
1386-conditions of postcommitment probation, the court may order the 929
1387-child to submit to random testing for the purpose of detecting 930
1388-and monitoring the use of alc ohol or controlled substances. 931
1389- Section 16. Subsection (2) of section 985.441, Florida 932
1390-Statutes, is amended to read: 933
1391- 985.441 Commitment. — 934
1392- (2) Notwithstanding subsection (1), the court having 935
1393-jurisdiction over an adjudicated delinquent child whose offense 936
1394-is a misdemeanor, other than a violation of s. 790.22(3), or a 937
1395-child who is currently on probation for a misdemeanor, other 938
1396-than a violation of s. 790.22(3), may not commit the child for 939
1397-any misdemeanor offense or any probation violation that is 940
1398-technical in nature and not a new violation of law at a 941
1399-restrictiveness level other than minimum -risk nonresidential. 942
1400-However, the court may commit such child to a nonsecure 943
1401-residential placement if: 944
1402- (a) The child has previously been adjudicated or had 945
1403-adjudication withheld for a felony offense; 946
1404- (b) The child has previously been adjudicated or had 947
1405-adjudication withheld for three or more misdemeanor offenses 948
1406-within the previous 18 months; 949
1407- (c) The child is before the court for disposition for a 950
1408-ENROLLED
1409-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1383+ (c) Each juvenile committe d to a residential commitment 926
1384+program receive conditional release services be assessed to 927
1385+determine the need for conditional release services upon release 928
1386+from the commitment program unless the juvenile is directly 929
1387+released by the court . 930
1388+ (3) For juveniles referred or committed to the department, 931
1389+the function of the department may include, but shall not be 932
1390+limited to, supervising each juvenile on conditional release 933
1391+when assessing each juvenile placed in a residential commitment 934
1392+program to determine the ne ed for conditional release services 935
1393+upon release from the program, supervising the juvenile when 936
1394+released into the community from a residential commitment 937
1395+facility of the department, providing such counseling and other 938
1396+services as may be necessary for the families and assisting 939
1397+their preparations for the return of the child. Subject to 940
1398+specific appropriation, the department shall provide for 941
1399+outpatient sexual offender counseling for any juvenile sexual 942
1400+offender released from a residential commitment program as a 943
1401+component of conditional release. 944
1402+ (5) Conditional release supervision shall contain, at a 945
1403+minimum, the following conditions: 946
1404+ (a)(5) Participation in the educational program by 947
1405+students of compulsory school attendance age pursuant to s. 948
1406+1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 949
1407+conditional release or postcommitment probation status . A 950
1408+
1409+CS/CS/HB 1181 2024
14101410
14111411
14121412
14131413 CODING: Words stricken are deletions; words underlined are additions.
1414-hb1181-04-er
1415-Page 39 of 52
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14161416 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
14171417
14181418
14191419
1420-violation of s. 800.03, s. 806.031, or s. 828.12; or 951
1421- (d) The court finds by a preponderance of the evidence 952
1422-that the protection of the public requires such placement or 953
1423-that the particular needs of the child would be best served by 954
1424-such placement. Such finding must be in writing. 955
1425- Section 17. Subsection (5) is added to section 985.455, 956
1426-Florida Statutes, to read: 957
1427- 985.455 Other dispositional issues. — 958
1428- (5) If the court orders revocation or suspension of a 959
1429-child's driver license as part of a disposition, the court may, 960
1430-upon finding a compelling circumstance to warrant an exception, 961
1431-direct the Department of Highway Safety and Motor Vehicles to 962
1432-issue a license for driving privileges restricted to business or 963
1433-employment purposes only, as defined in s. 322.271. 964
1434- Section 18. Subsections (2), (3), and (5) of section 965
1435-985.46, Florida Statutes, are amended, and subsection (6) is 966
1436-added to that section, to read: 967
1437- 985.46 Conditional release. — 968
1438- (2) It is the intent of the Legislature that: 969
1439- (a) Commitment programs include rehabilitative efforts on 970
1440-preparing committed juveniles for a successful release to the 971
1441-community. 972
1442- (b) Conditional release transition planning begins as 973
1443-early in the commitment process as possible. 974
1444- (c) Each juvenile committed to a residential commitment 975
1445-ENROLLED
1446-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1420+student of noncompulsory school -attendance age who has not 951
1421+received a high school diploma or its equivalent must 952
1422+participate in an educational program or career and technical 953
1423+education course of study. A youth who has received a high 954
1424+school diploma or its equivalent and is not employed must 955
1425+participate in workforce development or other career or 956
1426+technical education or attend a community college o r a 957
1427+university while in the program , subject to available funding . 958
1428+ (b) A curfew. 959
1429+ (c) A prohibition on contact with victims, co -defendants, 960
1430+or known gang members. 961
1431+ (d) A prohibition on use of controlled substances. 962
1432+ (e) A prohibition on possession of firearms. 963
1433+ (6) A youth who violates the terms of his or her 964
1434+conditional release shall be assessed using the graduated 965
1435+response matrix as described in s. 985.438. A youth who fails to 966
1436+move into compliance shall be recommitted to a residential 967
1437+facility. 968
1438+ Section 17. Paragraph (c) of subsection (1) of section 969
1439+985.48, Florida Statutes, is amended to read: 970
1440+ 985.48 Juvenile sexual offender commitment programs; 971
1441+sexual abuse intervention networks. — 972
1442+ (1) In order to provide intensive treatment and 973
1443+psychological services to a juvenile sexual offender committed 974
1444+to the department, it is the intent of the Legislature to 975
1445+
1446+CS/CS/HB 1181 2024
14471447
14481448
14491449
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1451-hb1181-04-er
1452-Page 40 of 52
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14531453 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
14541454
14551455
14561456
1457-program receive conditional release services be assessed to 976
1458-determine the need for conditional release services upon release 977
1459-from the commitment program unless the juvenile is directly 978
1460-released by the court. 979
1461- (3) For juveniles referred or committed to the department, 980
1462-the function of the department may include, but shall not be 981
1463-limited to, supervising each juvenile on conditional release 982
1464-when assessing each juvenile placed in a residential commitmen t 983
1465-program to determine the need for conditional release services 984
1466-upon release from the program, supervising the juvenile when 985
1467-released into the community from a residential commitment 986
1468-facility of the department, providing such counseling and other 987
1469-services as may be necessary for the families and assisting 988
1470-their preparations for the return of the child. Subject to 989
1471-specific appropriation, the department shall provide for 990
1472-outpatient sexual offender counseling for any juvenile sexual 991
1473-offender released from a r esidential commitment program as a 992
1474-component of conditional release. 993
1475- (5) Conditional release supervision shall contain, at a 994
1476-minimum, the following conditions: 995
1477- (a)(5) Participation in the educational program by 996
1478-students of compulsory school attendance age pursuant to s. 997
1479-1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 998
1480-conditional release or postcommitment probation status . A 999
1481-student of noncompulsory school -attendance age who has not 1000
1482-ENROLLED
1483-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1457+establish programs and strategies to effectively respond to 976
1458+juvenile sexual offenders. In designing programs for juvenile 977
1459+sexual offenders, it is t he further intent of the Legislature to 978
1460+implement strategies that include: 979
1461+ (c) Providing intensive postcommitment supervision of 980
1462+juvenile sexual offenders who are released into the community 981
1463+with terms and conditions which may include electronic 982
1464+monitoring of a juvenile sexual offender for the purpose of 983
1465+enhancing public safety. 984
1466+ Section 18. Paragraph (a) of subsection (6) of section 985
1467+985.4815, Florida Statutes, is amended to read: 986
1468+ 985.4815 Notification to Department of Law Enforcement of 987
1469+information on juvenile sexual offenders. — 988
1470+ (6)(a) The information provided to the Department of Law 989
1471+Enforcement must include the following: 990
1472+ 1. The information obtained from the sexual offender under 991
1473+subsection (4). 992
1474+ 2. The sexual offender's most current address a nd place of 993
1475+permanent, temporary, or transient residence within the state or 994
1476+out of state, and address, location or description, and dates of 995
1477+any current or known future temporary residence within the state 996
1478+or out of state, while the sexual offender is in the care or 997
1479+custody or under the jurisdiction or supervision of the 998
1480+department in this state, including the name of the county or 999
1481+municipality in which the offender permanently or temporarily 1000
1482+
1483+CS/CS/HB 1181 2024
14841484
14851485
14861486
14871487 CODING: Words stricken are deletions; words underlined are additions.
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14901490 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
14911491
14921492
14931493
1494-received a high school diploma or its equivalent must 1001
1495-participate in an educational program or career and technical 1002
1496-education course of study. A youth who has received a high 1003
1497-school diploma or its equivalent and is not employed must 1004
1498-participate in workforce development or other career or 1005
1499-technical education or attend a community college or a 1006
1500-university while in the program , subject to available funding . 1007
1501- (b) A curfew. 1008
1502- (c) A prohibition on contact with victims, co -defendants, 1009
1503-or known gang members. 1010
1504- (d) A prohibition on use of controlled substances. 1011
1505- (e) A prohibition on possession of firearms. 1012
1506- (6) A youth who violates the terms of his or her 1013
1507-conditional release shall be assessed using the graduated 1014
1508-response matrix as described in s. 985.438. A youth who fails to 1015
1509-move into compliance shall be recommitted t o a residential 1016
1510-facility. 1017
1511- Section 19. Paragraph (c) of subsection (1) of section 1018
1512-985.48, Florida Statutes, is amended to read: 1019
1513- 985.48 Juvenile sexual offender commitment programs; 1020
1514-sexual abuse intervention networks. — 1021
1515- (1) In order to provide intensi ve treatment and 1022
1516-psychological services to a juvenile sexual offender committed 1023
1517-to the department, it is the intent of the Legislature to 1024
1518-establish programs and strategies to effectively respond to 1025
1519-ENROLLED
1520-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1494+resides, or has a transient residence, and address, location or 1001
1495+description, and dates of any current or known future temporary 1002
1496+residence within the state or out of state; and, if known, the 1003
1497+intended place of permanent, temporary, or transient residence, 1004
1498+and address, location or description, and dates of any current 1005
1499+or known future temporary residence within the state or out of 1006
1500+state upon satisfaction of all sanctions. 1007
1501+ 3. The legal status of the sexual offender and the 1008
1502+scheduled termination date of that legal status. 1009
1503+ 4. The location of, and local telephone number fo r, any 1010
1504+department office that is responsible for supervising the sexual 1011
1505+offender. 1012
1506+ 5. An indication of whether the victim of the offense that 1013
1507+resulted in the offender's status as a sexual offender was a 1014
1508+minor. 1015
1509+ 6. The offense or offenses at adjudication and disposition 1016
1510+that resulted in the determination of the offender's status as a 1017
1511+sex offender. 1018
1512+ 7. A digitized photograph of the sexual offender, which 1019
1513+must have been taken within 60 days before the offender was 1020
1514+released from the custody of the department or a private 1021
1515+correctional facility by expiration of sentence under s. 1022
1516+944.275, or within 60 days after the onset of the department's 1023
1517+supervision of any sexual offender who is on probation, 1024
1518+postcommitment probation, residential commitment, nonresidential 1025
1519+
1520+CS/CS/HB 1181 2024
15211521
15221522
15231523
15241524 CODING: Words stricken are deletions; words underlined are additions.
1525-hb1181-04-er
1526-Page 42 of 52
1525+hb1181-02-c2
1526+Page 42 of 50
15271527 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
15281528
15291529
15301530
1531-juvenile sexual offenders. In designing programs for juven ile 1026
1532-sexual offenders, it is the further intent of the Legislature to 1027
1533-implement strategies that include: 1028
1534- (c) Providing intensive postcommitment supervision of 1029
1535-juvenile sexual offenders who are released into the community 1030
1536-with terms and conditions which ma y include electronic 1031
1537-monitoring of a juvenile sexual offender for the purpose of 1032
1538-enhancing public safety. 1033
1539- Section 20. Paragraph (a) of subsection (6) of section 1034
1540-985.4815, Florida Statutes, is amended to read: 1035
1541- 985.4815 Notification to Department of La w Enforcement of 1036
1542-information on juvenile sexual offenders. — 1037
1543- (6)(a) The information provided to the Department of Law 1038
1544-Enforcement must include the following: 1039
1545- 1. The information obtained from the sexual offender under 1040
1546-subsection (4). 1041
1547- 2. The sexual offender's most current address and place of 1042
1548-permanent, temporary, or transient residence within the state or 1043
1549-out of state, and address, location or description, and dates of 1044
1550-any current or known future temporary residence within the state 1045
1551-or out of state, whi le the sexual offender is in the care or 1046
1552-custody or under the jurisdiction or supervision of the 1047
1553-department in this state, including the name of the county or 1048
1554-municipality in which the offender permanently or temporarily 1049
1555-resides, or has a transient residen ce, and address, location or 1050
1556-ENROLLED
1557-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1531+commitment, licensed child -caring commitment, community control, 1026
1532+conditional release, parole, provisional release, or control 1027
1533+release or who is supervised by the department under the 1028
1534+Interstate Compact Agreement for Probationers and Parolees. If 1029
1535+the sexual offender is in the custody of a private correctional 1030
1536+facility, the facility shall take a digitized photograph of the 1031
1537+sexual offender within the time period provided in this 1032
1538+subparagraph and shall provide the photograph to the department. 1033
1539+ Section 19. Subsection (11) of section 985.601, Florida 1034
1540+Statutes, is renumbered as subsection (12), and a new subsection 1035
1541+(11) is added to that section, to read: 1036
1542+ 985.601 Administering the juvenile justice continuum. — 1037
1543+ (11) The department shall establish a class focused on the 1038
1544+risk and consequences of youthful firearm offending which shall 1039
1545+be provided by the department to any youth who has been 1040
1546+adjudicated or had adjudication withheld for any offense 1041
1547+involving the use or possession of a firearm. 1042
1548+ Section 20. Section 985.711, Florida Statutes, is amended 1043
1549+to read: 1044
1550+ 985.711 Introduction, removal, or possession of certain 1045
1551+articles unlawful; penalty. — 1046
1552+ (1)(a) Except as authorized through program policy or 1047
1553+operating procedure or as authorized by the facility 1048
1554+superintendent, program director, or manager, a person may not 1049
1555+introduce into or upon the grounds of a juvenile detention 1050
1556+
1557+CS/CS/HB 1181 2024
15581558
15591559
15601560
15611561 CODING: Words stricken are deletions; words underlined are additions.
1562-hb1181-04-er
1563-Page 43 of 52
1562+hb1181-02-c2
1563+Page 43 of 50
15641564 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
15651565
15661566
15671567
1568-description, and dates of any current or known future temporary 1051
1569-residence within the state or out of state; and, if known, the 1052
1570-intended place of permanent, temporary, or transient residence, 1053
1571-and address, location or description , and dates of any current 1054
1572-or known future temporary residence within the state or out of 1055
1573-state upon satisfaction of all sanctions. 1056
1574- 3. The legal status of the sexual offender and the 1057
1575-scheduled termination date of that legal status. 1058
1576- 4. The location of, and local telephone number for, any 1059
1577-department office that is responsible for supervising the sexual 1060
1578-offender. 1061
1579- 5. An indication of whether the victim of the offense that 1062
1580-resulted in the offender's status as a sexual offender was a 1063
1581-minor. 1064
1582- 6. The offense or offenses at adjudication and disposition 1065
1583-that resulted in the determination of the offender's status as a 1066
1584-sex offender. 1067
1585- 7. A digitized photograph of the sexual offender, which 1068
1586-must have been taken within 60 days before the offender was 1069
1587-released from the custody of the department or a private 1070
1588-correctional facility by expiration of sentence under s. 1071
1589-944.275, or within 60 days after the onset of the department's 1072
1590-supervision of any sexual offender who is on probation, 1073
1591-postcommitment probation, residential commitment, nonresidential 1074
1592-commitment, licensed child -caring commitment, community control, 1075
1593-ENROLLED
1594-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1568+facility or commitment program, or take or send, or attempt to 1051
1569+take or send, from a juvenile detention facility or commitment 1052
1570+program, any of the following articles, which are declared to be 1053
1571+contraband under this section: 1054
1572+ 1. Any unauthorized article of food or clothing given or 1055
1573+transmitted, or intended to be given or transmitted, to any 1056
1574+youth in a juvenile detention facility or commitment pro gram. 1057
1575+ 2. Any intoxicating beverage or any beverage that causes 1058
1576+or may cause an intoxicating effect. 1059
1577+ 3. Any controlled substance as defined in s. 893.02(4), 1060
1578+marijuana as defined in s. 381.986, hemp as defined in s. 1061
1579+581.217, industrial hemp as defined in s. 1004.4473, or any 1062
1580+prescription or nonprescription drug that has a hypnotic, 1063
1581+stimulating, or depressing effect. 1064
1582+ 4. Any firearm or weapon of any kind or any explosive 1065
1583+substance. 1066
1584+ 5. Any cellular telephone or other portable communication 1067
1585+device as described in s. 944.47(1)(a)6., intentionally and 1068
1586+unlawfully introduced inside the secure perimeter of any 1069
1587+juvenile detention facility or commitment program. As used in 1070
1588+this subparagraph, the term "portable communication device" does 1071
1589+not include any device tha t has communication capabilities which 1072
1590+has been approved or issued by the facility superintendent, 1073
1591+program director, or manager. 1074
1592+ 6. Any vapor-generating electronic device as defined in s. 1075
1593+
1594+CS/CS/HB 1181 2024
15951595
15961596
15971597
15981598 CODING: Words stricken are deletions; words underlined are additions.
1599-hb1181-04-er
1600-Page 44 of 52
1599+hb1181-02-c2
1600+Page 44 of 50
16011601 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
16021602
16031603
16041604
1605-conditional release, parole, provisional release, or control 1076
1606-release or who is supervised by the department under the 1077
1607-Interstate Compact Agreement for Probationers and Parolees. If 1078
1608-the sexual offender is in the custody of a private correctional 1079
1609-facility, the facility shall take a digitized photograph of the 1080
1610-sexual offender within the time period provided in this 1081
1611-subparagraph and shall provide the photograph to the d epartment. 1082
1612- Section 21. Subsection (11) of section 985.601, Florida 1083
1613-Statutes, is renumbered as subsection (12), and a new subsection 1084
1614-(11) is added to that section, to read: 1085
1615- 985.601 Administering the juvenile justice continuum. — 1086
1616- (11) The department s hall establish a class focused on the 1087
1617-risk and consequences of youthful firearm offending which shall 1088
1618-be provided by the department to any youth who has been 1089
1619-adjudicated or had adjudication withheld for any offense 1090
1620-involving the use or possession of a fire arm. 1091
1621- Section 22. Section 985.711, Florida Statutes, is amended 1092
1622-to read: 1093
1623- 985.711 Introduction, removal, or possession of certain 1094
1624-articles unlawful; penalty. — 1095
1625- (1)(a) Except as authorized through program policy or 1096
1626-operating procedure or as authorized by the facility 1097
1627-superintendent, program director, or manager, a person may not 1098
1628-introduce into or upon the grounds of a juvenile detention 1099
1629-facility or commitment program, or take or send, or attempt to 1100
1630-ENROLLED
1631-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1605+386.203, intentionally and unlawfully introduced inside the 1076
1606+secure perimeter of any juvenile detention facility or 1077
1607+commitment program. 1078
1608+ 7. Any currency or coin given or transmitted, or intended 1079
1609+to be given or transmitted, to any youth in any juvenile 1080
1610+detention facility or commitment program. 1081
1611+ 8. Any cigarettes, as defi ned in s. 210.01(1) or tobacco 1082
1612+products, as defined in s. 210.25, given, or intended to be 1083
1613+given, to any youth in a juvenile detention facility or 1084
1614+commitment program. 1085
1615+ (b) A person may not transmit contraband to, cause 1086
1616+contraband to be transmitted to or r eceived by, attempt to 1087
1617+transmit contraband to, or attempt to cause contraband to be 1088
1618+transmitted to or received by, a juvenile offender into or upon 1089
1619+the grounds of a juvenile detention facility or commitment 1090
1620+program, except as authorized through program pol icy or 1091
1621+operating procedures or as authorized by the facility 1092
1622+superintendent, program director, or manager. 1093
1623+ (c) A juvenile offender or any person, while upon the 1094
1624+grounds of a juvenile detention facility or commitment program, 1095
1625+may not be in actual or const ructive possession of any article 1096
1626+or thing declared to be contraband under this section, except as 1097
1627+authorized through program policy or operating procedures or as 1098
1628+authorized by the facility superintendent, program director, or 1099
1629+manager. 1100
1630+
1631+CS/CS/HB 1181 2024
16321632
16331633
16341634
16351635 CODING: Words stricken are deletions; words underlined are additions.
1636-hb1181-04-er
1637-Page 45 of 52
1636+hb1181-02-c2
1637+Page 45 of 50
16381638 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
16391639
16401640
16411641
1642-take or send, from a juvenile detention facility or com mitment 1101
1643-program, any of the following articles, which are declared to be 1102
1644-contraband under this section: 1103
1645- 1. Any unauthorized article of food or clothing given or 1104
1646-transmitted, or intended to be given or transmitted, to any 1105
1647-youth in a juvenile detention fac ility or commitment program . 1106
1648- 2. Any intoxicating beverage or any beverage that causes 1107
1649-or may cause an intoxicating effect. 1108
1650- 3. Any controlled substance as defined in s. 893.02(4), 1109
1651-marijuana as defined in s. 381.986, hemp as defined in s. 1110
1652-581.217, industrial hemp as defined in s. 1004.4473, or any 1111
1653-prescription or nonprescription drug that has a hypnotic, 1112
1654-stimulating, or depressing effect. 1113
1655- 4. Any firearm or weapon of any kind or any explosive 1114
1656-substance. 1115
1657- 5. Any cellular telephone or other portable commu nication 1116
1658-device as described in s. 944.47(1)(a)6., intentionally and 1117
1659-unlawfully introduced inside the secure perimeter of any 1118
1660-juvenile detention facility or commitment program. As used in 1119
1661-this subparagraph, the term "portable communication device" does 1120
1662-not include any device that has communication capabilities which 1121
1663-has been approved or issued by the facility superintendent, 1122
1664-program director, or manager. 1123
1665- 6. Any vapor-generating electronic device as defined in s. 1124
1666-386.203, intentionally and unlawfully intro duced inside the 1125
1667-ENROLLED
1668-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1642+ (d) Department staff may use canine units on the grounds 1101
1643+of a juvenile detention facility or commitment program to locate 1102
1644+and seize contraband and ensure security within such facility or 1103
1645+program. 1104
1646+ (2)(a) Any person who violates this section as it pertains 1105
1647+to an article of contraband described in subparagraph (1)(a)1. 1106
1648+commits a felony of the third degree, punishable as provided in 1107
1649+s. 775.082, s. 775.083, or s. 775.084. 1108
1650+ (b) Any person who violates this section as it pertains to 1109
1651+an article of contraband described in subparag raph (1)(a)5. or 1110
1652+subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1111
1653+punishable as provided in s. 775.082 or s. 775.083. 1112
1654+ (c) In all other cases, A person who violates this section 1113
1655+commits a felony of the second degree, punishable as provided in 1114
1656+s. 775.082, s. 775.083, or s. 775.084. 1115
1657+ Section 21. Paragraph (c) of subsection (2) of section 1116
1658+1002.221, Florida Statutes, is amended to read: 1117
1659+ 1002.221 K-12 education records; public records 1118
1660+exemption.— 1119
1661+ (2) 1120
1662+ (c) In accordance with the FERPA and the federal 1121
1663+regulations issued pursuant to the FERPA, an agency or 1122
1664+institution, as defined in s. 1002.22, may release a student's 1123
1665+education records without wri tten consent of the student or 1124
1666+parent to parties to an interagency agreement among the 1125
1667+
1668+CS/CS/HB 1181 2024
16691669
16701670
16711671
16721672 CODING: Words stricken are deletions; words underlined are additions.
1673-hb1181-04-er
1674-Page 46 of 52
1673+hb1181-02-c2
1674+Page 46 of 50
16751675 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
16761676
16771677
16781678
1679-secure perimeter of any juvenile detention facility or 1126
1680-commitment program. 1127
1681- 7. Any currency or coin given or transmitted, or intended 1128
1682-to be given or transmitted, to any youth in any juvenile 1129
1683-detention facility or commitment program. 1130
1684- 8. Any cigarettes, as defined in s. 210.01(1) or tobacco 1131
1685-products, as defined in s. 210.25, given, or intended to be 1132
1686-given, to any youth in a juvenile detention facility or 1133
1687-commitment program. 1134
1688- (b) A person may not transmit contraband to, cause 1135
1689-contraband to be transmitted to or received by, attempt to 1136
1690-transmit contraband to, or attempt to cause contraband to be 1137
1691-transmitted to or received by, a juvenile offender into or upon 1138
1692-the grounds of a juvenile detention facility or commitment 1139
1693-program, except as aut horized through program policy or 1140
1694-operating procedures or as authorized by the facility 1141
1695-superintendent, program director, or manager. 1142
1696- (c) A juvenile offender or any person, while upon the 1143
1697-grounds of a juvenile detention facility or commitment program, 1144
1698-may not be in actual or constructive possession of any article 1145
1699-or thing declared to be contraband under this section, except as 1146
1700-authorized through program policy or operating procedures or as 1147
1701-authorized by the facility superintendent, program director, or 1148
1702-manager. 1149
1703- (d) Department staff may use canine units on the grounds 1150
1704-ENROLLED
1705-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1679+Department of Juvenile Justice, the school, law enforcement 1126
1680+authorities, and other signatory agencies. Information provided 1127
1681+pursuant to an interagency agreement may be u sed for proceedings 1128
1682+initiated under chapter 984 or chapter 985 in furtherance of an 1129
1683+interagency agreement is intended solely for use in determining 1130
1684+the appropriate programs and services for each juvenile or the 1131
1685+juvenile's family, or for coordinating the de livery of the 1132
1686+programs and services, and as such is inadmissible in any court 1133
1687+proceeding before a dispositional hearing unless written consent 1134
1688+is provided by a parent or other responsible adult on behalf of 1135
1689+the juvenile. 1136
1690+ Section 22. Paragraph (b) of su bsection (3) of section 1137
1691+943.051, Florida Statutes, is amended to read: 1138
1692+ 943.051 Criminal justice information; collection and 1139
1693+storage; fingerprinting. — 1140
1694+ (3) 1141
1695+ (b) A minor who is charged with or found to have committed 1142
1696+the following offenses shall be finger printed and the 1143
1697+fingerprints shall be submitted electronically to the 1144
1698+department, unless the minor is issued a prearrest delinquency 1145
1699+civil citation pursuant to s. 985.12: 1146
1700+ 1. Assault, as defined in s. 784.011. 1147
1701+ 2. Battery, as defined in s. 784.03. 1148
1702+ 3. Carrying a concealed weapon, as defined in s. 1149
1703+790.01(2). 1150
1704+
1705+CS/CS/HB 1181 2024
17061706
17071707
17081708
17091709 CODING: Words stricken are deletions; words underlined are additions.
1710-hb1181-04-er
1711-Page 47 of 52
1710+hb1181-02-c2
1711+Page 47 of 50
17121712 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
17131713
17141714
17151715
1716-of a juvenile detention facility or commitment program to locate 1151
1717-and seize contraband and ensure security within such facility or 1152
1718-program. 1153
1719- (2)(a) Any person who violates this section as it pertains 1154
1720-to an article of contraband described in subparagraph (1)(a)1. 1155
1721-commits a felony of the third degree, punishable as provided in 1156
1722-s. 775.082, s. 775.083, or s. 775.084. 1157
1723- (b) Any person who violates this section as it pertains to 1158
1724-an article of contraband described in subparagraph (1)(a)5. or 1159
1725-subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1160
1726-punishable as provided in s. 775.082 or s. 775.083. 1161
1727- (c) In all other cases, A person who violates this section 1162
1728-commits a felony of the second deg ree, punishable as provided in 1163
1729-s. 775.082, s. 775.083, or s. 775.084. 1164
1730- Section 23. Paragraph (c) of subsection (2) of section 1165
1731-1002.221, Florida Statutes, is amended to read: 1166
1732- 1002.221 K-12 education records; public records 1167
1733-exemption.— 1168
1734- (2) 1169
1735- (c) In accordance with the FERPA and the federal 1170
1736-regulations issued pursuant to the FERPA, an agency or 1171
1737-institution, as defined in s. 1002.22, may release a student's 1172
1738-education records without written consent of the student or 1173
1739-parent to parties to an interagency agr eement among the 1174
1740-Department of Juvenile Justice, the school, law enforcement 1175
1741-ENROLLED
1742-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1716+ 4. Unlawful use of destructive devices or bombs, as 1151
1717+defined in s. 790.1615(1). 1152
1718+ 5. Neglect of a child, as defined in s. 827.03(1)(e). 1153
1719+ 6. Assault or battery on a law enforcement officer, a 1154
1720+firefighter, or other specified officers, as defined in s. 1155
1721+784.07(2)(a) and (b). 1156
1722+ 7. Open carrying of a weapon, as defined in s. 790.053. 1157
1723+ 8. Exposure of sexual organs, as defined in s. 800.03. 1158
1724+ 9. Unlawful possession of a firearm, as defined in s. 1159
1725+790.22(5). 1160
1726+ 10. Petit theft, as defined in s. 812.014(3). 1161
1727+ 11. Cruelty to animals, as defined in s. 828.12(1). 1162
1728+ 12. Arson, as defined in s. 806.031(1). 1163
1729+ 13. Unlawful possession or discharge of a weapon or 1164
1730+firearm at a school-sponsored event or on school property , as 1165
1731+provided in s. 790.115. 1166
1732+ Section 23. Paragraph (b) of subsection (1) of section 1167
1733+985.11, Florida Statutes, is amended to read: 1168
1734+ 985.11 Fingerprinting and photographing. — 1169
1735+ (1) 1170
1736+ (b) Unless the child is issued a prearrest delinquency 1171
1737+civil citation or is participating in a similar diversion 1172
1738+program pursuant to s. 985.12, a child who is charged with or 1173
1739+found to have committed one of the following offenses shall be 1174
1740+fingerprinted, and the fingerprints shall be submitted to the 1175
1741+
1742+CS/CS/HB 1181 2024
17431743
17441744
17451745
17461746 CODING: Words stricken are deletions; words underlined are additions.
1747-hb1181-04-er
1748-Page 48 of 52
1747+hb1181-02-c2
1748+Page 48 of 50
17491749 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
17501750
17511751
17521752
1753-authorities, and other signatory agencies. Information provided 1176
1754-pursuant to an interagency agreement may be used for proceedings 1177
1755-initiated under chapter 984 or chapter 985 in furtherance of an 1178
1756-interagency agreement is intended solely for use in determining 1179
1757-the appropriate programs and services for each juvenile or the 1180
1758-juvenile's family, or for coordinating the delivery of the 1181
1759-programs and services, and as such is inadmissible in an y court 1182
1760-proceeding before a dispositional hearing unless written consent 1183
1761-is provided by a parent or other responsible adult on behalf of 1184
1762-the juvenile. 1185
1763- Section 24. Paragraph (b) of subsection (3) of section 1186
1764-943.051, Florida Statutes, is amended to read: 1187
1765- 943.051 Criminal justice information; collection and 1188
1766-storage; fingerprinting. — 1189
1767- (3) 1190
1768- (b) A minor who is charged with or found to have committed 1191
1769-the following offenses shall be fingerprinted and the 1192
1770-fingerprints shall be submitted electronically to the 1193
1771-department, unless the minor is issued a prearrest delinquency 1194
1772-civil citation pursuant to s. 985.12: 1195
1773- 1. Assault, as defined in s. 784.011. 1196
1774- 2. Battery, as defined in s. 784.03. 1197
1775- 3. Carrying a concealed weapon, as defined in s. 1198
1776-790.01(2). 1199
1777- 4. Unlawful use of destructive devices or bombs, as 1200
1778-ENROLLED
1779-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1753+Department of Law Enforceme nt as provided in s. 943.051(3)(b): 1176
1754+ 1. Assault, as defined in s. 784.011. 1177
1755+ 2. Battery, as defined in s. 784.03. 1178
1756+ 3. Carrying a concealed weapon, as defined in s. 1179
1757+790.01(2). 1180
1758+ 4. Unlawful use of destructive devices or bombs, as 1181
1759+defined in s. 790.1615(1) . 1182
1760+ 5. Neglect of a child, as defined in s. 827.03(1)(e). 1183
1761+ 6. Assault on a law enforcement officer, a firefighter, or 1184
1762+other specified officers, as defined in s. 784.07(2)(a). 1185
1763+ 7. Open carrying of a weapon, as defined in s. 790.053. 1186
1764+ 8. Exposure of sexua l organs, as defined in s. 800.03. 1187
1765+ 9. Unlawful possession of a firearm, as defined in s. 1188
1766+790.22(5). 1189
1767+ 10. Petit theft, as defined in s. 812.014. 1190
1768+ 11. Cruelty to animals, as defined in s. 828.12(1). 1191
1769+ 12. Arson, resulting in bodily harm to a firefighter, as 1192
1770+defined in s. 806.031(1). 1193
1771+ 13. Unlawful possession or discharge of a weapon or 1194
1772+firearm at a school-sponsored event or on school property as 1195
1773+defined in s. 790.115. 1196
1774+ 1197
1775+A law enforcement agency may fingerprint and photograph a child 1198
1776+taken into custody upon probable cause that such child has 1199
1777+committed any other violation of law, as the agency deems 1200
1778+
1779+CS/CS/HB 1181 2024
17801780
17811781
17821782
17831783 CODING: Words stricken are deletions; words underlined are additions.
1784-hb1181-04-er
1785-Page 49 of 52
1784+hb1181-02-c2
1785+Page 49 of 50
17861786 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
17871787
17881788
17891789
1790-defined in s. 790.1615(1). 1201
1791- 5. Neglect of a child, as defined in s. 827.03(1)(e). 1202
1792- 6. Assault or battery on a law enforcement officer, a 1203
1793-firefighter, or other specified officers, as defined in s. 1204
1794-784.07(2)(a) and (b). 1205
1795- 7. Open carrying of a weapon, as defined in s. 790.053. 1206
1796- 8. Exposure of sexual organs, as defined in s. 800.03. 1207
1797- 9. Unlawful possession of a firearm, as defined in s. 1208
1798-790.22(5). 1209
1799- 10. Petit theft, as defined in s. 812.014(3). 1210
1800- 11. Cruelty to anima ls, as defined in s. 828.12(1). 1211
1801- 12. Arson, as defined in s. 806.031(1). 1212
1802- 13. Unlawful possession or discharge of a weapon or 1213
1803-firearm at a school-sponsored event or on school property, as 1214
1804-provided in s. 790.115. 1215
1805- Section 25. Paragraph (b) of subsection (1) of section 1216
1806-985.11, Florida Statutes, is amended to read: 1217
1807- 985.11 Fingerprinting and photographing. — 1218
1808- (1) 1219
1809- (b) Unless the child is issued a prearrest delinquency 1220
1810-civil citation or is participating in a similar diversion 1221
1811-program pursuant to s. 985.12, a child who is charged with or 1222
1812-found to have committed one of the following offenses shall be 1223
1813-fingerprinted, and the fingerprints shall be submitted to the 1224
1814-Department of Law Enforcem ent as provided in s. 943.051(3)(b): 1225
1815-ENROLLED
1816-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1790+appropriate. Such fingerprint records and photographs shall be 1201
1791+retained by the law enforcement agency in a separate file, and 1202
1792+these records and all copies thereof must be marked "Juvenile 1203
1793+Confidential." These records are not available for public 1204
1794+disclosure and inspection under s. 119.07(1) except as provided 1205
1795+in ss. 943.053 and 98 5.04(2), but shall be available to other 1206
1796+law enforcement agencies, criminal justice agencies, state 1207
1797+attorneys, the courts, the child, the parents or legal 1208
1798+custodians of the child, their attorneys, and any other person 1209
1799+authorized by the court to have access to such records. In 1210
1800+addition, such records may be submitted to the Department of Law 1211
1801+Enforcement for inclusion in the state criminal history records 1212
1802+and used by criminal justice agencies for criminal justice 1213
1803+purposes. These records may, in the discretion of the court, be 1214
1804+open to inspection by anyone upon a showing of cause. The 1215
1805+fingerprint and photograph records shall be produced in the 1216
1806+court whenever directed by the court. Any photograph taken 1217
1807+pursuant to this section may be shown by a law enforcement 1218
1808+officer to any victim or witness of a crime for the purpose of 1219
1809+identifying the person who committed such crime. 1220
1810+ Section 24. Paragraph (n) of subsection (2) of section 1221
1811+1006.07, Florida Statutes, is amended to read: 1222
1812+ 1006.07 District school board duties re lating to student 1223
1813+discipline and school safety. —The district school board shall 1224
1814+provide for the proper accounting for all students, for the 1225
1815+
1816+CS/CS/HB 1181 2024
18171817
18181818
18191819
18201820 CODING: Words stricken are deletions; words underlined are additions.
1821-hb1181-04-er
1822-Page 50 of 52
1821+hb1181-02-c2
1822+Page 50 of 50
18231823 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
18241824
18251825
18261826
1827- 1. Assault, as defined in s. 784.011. 1226
1828- 2. Battery, as defined in s. 784.03. 1227
1829- 3. Carrying a concealed weapon, as defined in s. 1228
1830-790.01(2). 1229
1831- 4. Unlawful use of destructive devices or bombs, as 1230
1832-defined in s. 790.1615(1 ). 1231
1833- 5. Neglect of a child, as defined in s. 827.03(1)(e). 1232
1834- 6. Assault on a law enforcement officer, a firefighter, or 1233
1835-other specified officers, as defined in s. 784.07(2)(a). 1234
1836- 7. Open carrying of a weapon, as defined in s. 790.053. 1235
1837- 8. Exposure of sexu al organs, as defined in s. 800.03. 1236
1838- 9. Unlawful possession of a firearm, as defined in s. 1237
1839-790.22(5). 1238
1840- 10. Petit theft, as defined in s. 812.014. 1239
1841- 11. Cruelty to animals, as defined in s. 828.12(1). 1240
1842- 12. Arson, resulting in bodily harm to a firefighter , as 1241
1843-defined in s. 806.031(1). 1242
1844- 13. Unlawful possession or discharge of a weapon or 1243
1845-firearm at a school-sponsored event or on school property as 1244
1846-defined in s. 790.115. 1245
1847- 1246
1848-A law enforcement agency may fingerprint and photograph a child 1247
1849-taken into custody upo n probable cause that such child has 1248
1850-committed any other violation of law, as the agency deems 1249
1851-appropriate. Such fingerprint records and photographs shall be 1250
1852-ENROLLED
1853-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb1181-04-er
1859-Page 51 of 52
1860-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
1861-
1862-
1863-
1864-retained by the law enforcement agency in a separate file, and 1251
1865-these records and all copies thereo f must be marked "Juvenile 1252
1866-Confidential." These records are not available for public 1253
1867-disclosure and inspection under s. 119.07(1) except as provided 1254
1868-in ss. 943.053 and 985.04(2), but shall be available to other 1255
1869-law enforcement agencies, criminal justice ag encies, state 1256
1870-attorneys, the courts, the child, the parents or legal 1257
1871-custodians of the child, their attorneys, and any other person 1258
1872-authorized by the court to have access to such records. In 1259
1873-addition, such records may be submitted to the Department of Law 1260
1874-Enforcement for inclusion in the state criminal history records 1261
1875-and used by criminal justice agencies for criminal justice 1262
1876-purposes. These records may, in the discretion of the court, be 1263
1877-open to inspection by anyone upon a showing of cause. The 1264
1878-fingerprint and photograph records shall be produced in the 1265
1879-court whenever directed by the court. Any photograph taken 1266
1880-pursuant to this section may be shown by a law enforcement 1267
1881-officer to any victim or witness of a crime for the purpose of 1268
1882-identifying the person who committed such crime. 1269
1883- Section 26. Paragraph (n) of subsection (2) of section 1270
1884-1006.07, Florida Statutes, is amended to read: 1271
1885- 1006.07 District school board duties relating to student 1272
1886-discipline and school safety. —The district school board shall 1273
1887-provide for the proper accounting for all students, for the 1274
1888-attendance and control of students at school, and for proper 1275
1889-ENROLLED
1890-CS/CS/HB 1181, Engrossed 1 2024 Legislature
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb1181-04-er
1896-Page 52 of 52
1897-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
1898-
1899-
1900-
1901-attention to health, safety, and other matters relating to the 1276
1902-welfare of students, including: 1277
1903- (2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1278
1904-conduct for elementary schools and a code of student conduct for 1279
1905-middle and high schools and distribute the appropriate code to 1280
1906-all teachers, school personnel, students, and parents, at the 1281
1907-beginning of every school year. Each code shall be organi zed and 1282
1908-written in language that is understandable to students and 1283
1909-parents and shall be discussed at the beginning of every school 1284
1910-year in student classes, school advisory council meetings, and 1285
1911-parent and teacher association or organization meetings. Each 1286
1912-code shall be based on the rules governing student conduct and 1287
1913-discipline adopted by the district school board and shall be 1288
1914-made available in the student handbook or similar publication. 1289
1915-Each code shall include, but is not limited to: 1290
1916- (n) Criteria for re commending to law enforcement that a 1291
1917-student who commits a criminal offense be allowed to participate 1292
1918-in a prearrest delinquency citation civil citation or similar 1293
1919-prearrest diversion program as an alternative to expulsion or 1294
1920-arrest. All prearrest delinquency citation civil citation or 1295
1921-similar prearrest diversion programs must comply with s. 985.12. 1296
1922- Section 27. This act shall take effect July 1, 2024. 1297
1827+attendance and control of students at school, and for proper 1226
1828+attention to health, safety, and other matters relating to the 1227
1829+welfare of students, including: 1228
1830+ (2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1229
1831+conduct for elementary schools and a code of student conduct for 1230
1832+middle and high schools and distribute the appropriate code to 1231
1833+all teachers, school personnel, s tudents, and parents, at the 1232
1834+beginning of every school year. Each code shall be organized and 1233
1835+written in language that is understandable to students and 1234
1836+parents and shall be discussed at the beginning of every school 1235
1837+year in student classes, school advisor y council meetings, and 1236
1838+parent and teacher association or organization meetings. Each 1237
1839+code shall be based on the rules governing student conduct and 1238
1840+discipline adopted by the district school board and shall be 1239
1841+made available in the student handbook or simi lar publication. 1240
1842+Each code shall include, but is not limited to: 1241
1843+ (n) Criteria for recommending to law enforcement that a 1242
1844+student who commits a criminal offense be allowed to participate 1243
1845+in a prearrest delinquency citation civil citation or similar 1244
1846+prearrest diversion program as an alternative to expulsion or 1245
1847+arrest. All prearrest delinquency citation civil citation or 1246
1848+similar prearrest diversion programs must comply with s. 985.12. 1247
1849+ Section 25. This act shall take effect July 1, 2024. 1248