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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to juvenile justice; amending s. 2
790.115, F.S.; removing a provision requiring 3
specified treatment of minors charged with possessing 4
or discharging a firearm on school property; amending 5
s. 790.22, F.S.; revising penalties for minors 6
committing specified firearms violations; removing 7
provisions concerning minors charged with or convicted 8
of certain firearms offenses; amending 901.15; ad ding 9
possession of a firearm by a minor to the list of 10
crimes for which a warrant is not needed for arrest; 11
amending s. 985.101, F.S.; conforming provisions to 12
changes made by the act; amending s. 985.12, F.S.; 13
redesignating civil citation programs as prea rrest 14
delinquency citation programs; revising program 15
requirements; providing that certain existing programs 16
meeting certain requirements shall be deemed 17
authorized; amending s. 985.125, F.S.; conforming 18
provisions to changes made by the act; amending s. 19
985.126, F.S.; requiring the Department of Juvenile 20
Justice to publish a quarterly report concerning 21
entities using delinquency citations for less than a 22
specified amount of eligible offenses; amending s. 23
985.245, F.S.; conforming provisions to changes made 24
by the act; amending s. 985.25, F.S.; requiring that 25
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youths who are arrested for certain electronic 26
monitoring violations be placed in secure detention 27
until a detention hearing; requiring that a child on 28
probation for an underlying felony firearm offense who 29
is taken into custody be placed in secure detention; 30
providing for renewal of secure detention periods in 31
certain circumstances; amending s. 985.255, F.S.; 32
providing that when there is probable cause that a 33
child committed one of a specified list of o ffenses 34
that he or she is presumed to be a risk to public 35
safety and danger to the community and must be held in 36
secure a detention before an adjudicatory hearing; 37
providing requirements for release of such a child 38
despite the presumption; revising languag e concerning 39
the use of risk assessments; amending s. 985.26, F.S.; 40
revising requirements for holding a child in secure 41
detention for more than 21 days; amending s. 985.433, 42
F.S.; requiring conditional release conditions for 43
children released after confine ment for specified 44
firearms offenses; requiring specified sanctions for 45
certain children adjudicated for certain firearms 46
offenses who are not committed to a residential 47
program; providing that children who previously have 48
had adjudication withheld for cer tain offenses my not 49
have adjudication withheld for specified offenses; 50
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amending s. 985.435, F.S.; conforming provisions to 51
changes made by the act; creating s. 985.438, F.S.; 52
requiring the Department of Juvenile Justice to create 53
and administer a graduate d response matrix to hold 54
youths accountable to the terms of their court ordered 55
probation and the terms of their conditional release; 56
providing requirements for the matrix; amending s. 57
985.439, F.S.; requiring a state attorney to file a 58
probation violation within a specified period or 59
inform the court and the Department of Juvenile 60
Justice why such violation is not filed; removing 61
provisions concerning an alternative consequence 62
program; allowing placement of electronic monitoring 63
for probation violations in certain circumstances; 64
amending s. 985.441, F.S.; adding an exception to the 65
prohibition against committing certain children to a 66
residential program; amending s. 985.455, F.S.; 67
authorizing a court to make an exception to an order 68
of revocation or suspe nsion of driving privileges in 69
certain circumstances; amending s. 985.46, F.S.; 70
revising legislative intent concerning conditional 71
release; revising the conditions of conditional 72
release; providing for assessment of conditional 73
release violations and possi ble recommitment of 74
violators; amending ss. 985.48 and 985.4815, F.S.; 75
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conforming provisions to changes made by the act; 76
amending s. 985.601, F.S.; requiring the Department of 77
Juvenile Justice to establish a specified class for 78
firearms offenders; amending s. 985.711, F.S.; 79
revising provisions concerning introduction of 80
contraband into department facilities; authorizing 81
department staff to use canine units on the grounds of 82
juvenile detention facilities and commitment programs 83
for specified purposes; revisi ng criminal penalties 84
for violations; amending s. 1002.221, F.S.; revising 85
provisions concerning educational records for certain 86
purposes; amending ss. 943.051, 985.11, and 1006.07, 87
F.S.; conforming provisions to changes made by the 88
act; providing an effec tive date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Subsection (4) of section 790.115, Florida 93
Statutes, is amended to read: 94
790.115 Possessing or discharging weapons or firearms at a 95
school-sponsored event or on sch ool property prohibited; 96
penalties; exceptions. — 97
(4) Notwithstanding s. 985.24, s. 985.245, or s. 98
985.25(1), any minor under 18 years of age who is charged under 99
this section with possessing or discharging a firearm on school 100
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property shall be detained i n secure detention, unless the state 101
attorney authorizes the release of the minor, and shall be given 102
a probable cause hearing within 24 hours after being taken into 103
custody. At the hearing, the court may order that the minor 104
continue to be held in secure detention for a period of 21 days, 105
during which time the minor shall receive medical, psychiatric, 106
psychological, or substance abuse examinations pursuant to s. 107
985.18, and a written report shall be completed. 108
Section 2. Subsections (1), (5), (8), (9), and (10) of 109
section 790.22, Florida Statutes, are amended, and subsection 110
(3) of that section is republished, to read: 111
790.22 Use of BB guns, air or gas -operated guns, or 112
electric weapons or devices by minor under 16; limitation; 113
possession of firearms by minor under 18 prohibited; penalties. — 114
(1) The use for any purpose whatsoever of BB guns, air or 115
gas-operated guns, or electric weapons or devices, by any minor 116
under the age of 16 years is prohibited unless such use is under 117
the supervision and in th e presence of an adult who is acting 118
with the consent of the minor's parent or guardian. 119
(3) A minor under 18 years of age may not possess a 120
firearm, other than an unloaded firearm at his or her home, 121
unless: 122
(a) The minor is engaged in a lawful huntin g activity and 123
is: 124
1. At least 16 years of age; or 125
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2. Under 16 years of age and supervised by an adult. 126
(b) The minor is engaged in a lawful marksmanship 127
competition or practice or other lawful recreational shooting 128
activity and is: 129
1. At least 16 years of age; or 130
2. Under 16 years of age and supervised by an adult who is 131
acting with the consent of the minor's parent or guardian. 132
(c) The firearm is unloaded and is being transported by 133
the minor directly to or from an event authorized in paragraph 134
(a) or paragraph (b). 135
(5)(a) A minor who violates subsection (3) : 136
1. For a first offense, commits a misdemeanor of the first 137
degree; for a first offense , shall may serve a period of 138
detention of up to 5 days in a secure detention facility , with 139
credit for time served in secure detention prior to disposition, 140
and; and, in addition to any other penalty provided by law, 141
shall be required to perform 100 hours of community service or 142
paid work as determined by the department. ; and: 143
1. If the minor is eligible by reason of age for a driver 144
license or driving privilege, the court may direct the 145
Department of Highway Safety and Motor Vehicles to revoke or to 146
withhold issuance of the minor's driver license or driving 147
privilege for up to 1 year. 148
2. If the minor's driver license or driving privilege is 149
under suspension or revocation for any reason, the court may 150
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direct the Department of Highway Safety and Motor Vehicles to 151
extend the period of suspen sion or revocation by an additional 152
period of up to 1 year. 153
3. If the minor is ineligible by reason of age for a 154
driver license or driving privilege, the court may direct the 155
Department of Highway Safety and Motor Vehicles to withhold 156
issuance of the minor's driver license or driving privilege for 157
up to 1 year after the date on which the minor would otherwise 158
have become eligible. 159
2.(b) For a second or subsequent offense, a minor who 160
violates subsection (3) commits a felony of the third degree . 161
For a second offense, the minor and shall serve a period of 162
detention of up to 21 days in a secure detention facility , with 163
credit for time served in secure detention prior to disposition, 164
and shall be required to perform not less than 100 nor more than 165
250 hours of community service or paid work as determined by the 166
department. For a third or subsequent offense, the minor shall 167
be adjudicated delinquent and committed to a residential 168
program. A withhold of adjudication of delinquency shall be 169
considered a prior of fense for the purpose of determining a 170
second, third, or subsequent offense. , and: 171
(b) In addition to the penalties for a violation of 172
subsection (3): 173
1. If the minor is eligible by reason of age for a driver 174
license or driving privilege, the court may direct the 175
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Department of Highway Safety and Motor Vehicles to revoke or to 176
withhold issuance of the minor's driver license or driving 177
privilege for up to 1 year for a first offense and up to 2 years 178
for a second or subsequent offense . 179
2. If the minor's driver license or driving privilege is 180
under suspension or revocation for any reason, the court may 181
direct the Department of Highway Safety and Motor Vehicles to 182
extend the period of suspension or revocation by an additional 183
period of up to 1 year for a first offense and up to 2 years for 184
a second or subsequent offense . 185
3. If the minor is ineligible by reason of age for a 186
driver license or driving privilege, the court may direct the 187
Department of Highway Safety and Motor Vehicles to withhold 188
issuance of the minor's driver license or driving privilege for 189
up to 1 year 2 years after the date on which the minor would 190
otherwise have become eligible and up to 2 years for a second or 191
subsequent offense. 192
193
For the purposes of this subsection, community service sha ll be 194
performed, if possible, in a manner involving a hospital 195
emergency room or other medical environment that deals on a 196
regular basis with trauma patients and gunshot wounds. 197
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 198
is charged with an offense that involves the use or possession 199
of a firearm, including a violation of subsection (3), or is 200
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charged for any offense during the commission of which the minor 201
possessed a firearm, the minor shall be detained in secure 202
detention, unless the state attorney authorizes the release of 203
the minor, and shall be given a hearing within 24 hours after 204
being taken into custody. At the hearing, the court may order 205
that the minor continue to be held in secure detention in 206
accordance with the applicable time periods specified in s. 207
985.26(1)-(5), if the court finds that the minor meets the 208
criteria specified in s. 985.255, or if the court finds by clear 209
and convincing evidence that the minor is a clear and present 210
danger to himself or herself or the community. The Department of 211
Juvenile Justice shall prepare a form for all minors charged 212
under this subsection which states the period of detention and 213
the relevant demographic information, including, but not limited 214
to, the gender, age, and race o f the minor; whether or not the 215
minor was represented by private counsel or a public defender; 216
the current offense; and the minor's complete prior record, 217
including any pending cases. The form shall be provided to the 218
judge for determining whether the mino r should be continued in 219
secure detention under this subsection. An order placing a minor 220
in secure detention because the minor is a clear and present 221
danger to himself or herself or the community must be in 222
writing, must specify the need for detention and the benefits 223
derived by the minor or the community by placing the minor in 224
secure detention, and must include a copy of the form provided 225
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by the department. 226
(9) Notwithstanding s. 985.245, if the minor is found to 227
have committed an offense that involves the use or possession of 228
a firearm, as defined in s. 790.001, other than a violation of 229
subsection (3), or an offense during the commission of which the 230
minor possessed a firearm, and the minor is not committed to a 231
residential commitment program of the D epartment of Juvenile 232
Justice, in addition to any other punishment provided by law, 233
the court shall order: 234
(a) For a first offense, that the minor shall serve a 235
minimum period of detention of 15 days in a secure detention 236
facility; and 237
1. Perform 100 hours of community service; and may 238
2. Be placed on community control or in a nonresidential 239
commitment program. 240
(b) For a second or subsequent offense, that the minor 241
shall serve a mandatory period of detention of at least 21 days 242
in a secure detention facility; and 243
1. Perform not less than 100 nor more than 250 hours of 244
community service; and may 245
2. Be placed on community control or in a nonresidential 246
commitment program. 247
248
The minor shall not receive credit for time served before 249
adjudication. For the purposes of this subsection, community 250
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service shall be performed, if possible, in a manner involving a 251
hospital emergency room or other medical environment that deals 252
on a regular basis with trauma patients and gunshot wounds. 253
(10) If a minor is fou nd to have committed an offense 254
under subsection (9), the court shall impose the following 255
penalties in addition to any penalty imposed under paragraph 256
(9)(a) or paragraph (9)(b): 257
(a) For a first offense: 258
1. If the minor is eligible by reason of age fo r a driver 259
license or driving privilege, the court may direct the 260
Department of Highway Safety and Motor Vehicles to revoke or to 261
withhold issuance of the minor's driver license or driving 262
privilege for up to 1 year. 263
2. If the minor's driver license or d riving privilege is 264
under suspension or revocation for any reason, the court may 265
direct the Department of Highway Safety and Motor Vehicles to 266
extend the period of suspension or revocation by an additional 267
period for up to 1 year. 268
3. If the minor is inel igible by reason of age for a 269
driver license or driving privilege, the court may direct the 270
Department of Highway Safety and Motor Vehicles to withhold 271
issuance of the minor's driver license or driving privilege for 272
up to 1 year after the date on which the minor would otherwise 273
have become eligible. 274
(b) For a second or subsequent offense: 275
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1. If the minor is eligible by reason of age for a driver 276
license or driving privilege, the court may direct the 277
Department of Highway Safety and Motor Vehicles to revoke or to 278
withhold issuance of the minor's driver license or driving 279
privilege for up to 2 years. 280
2. If the minor's driver license or driving privilege is 281
under suspension or revocation for any reason , the court may 282
direct the Department of Highway Safety and Motor Vehicles to 283
extend the period of suspension or revocation by an additional 284
period for up to 2 years. 285
3. If the minor is ineligible by reason of age for a 286
driver license or driving privileg e, the court may direct the 287
Department of Highway Safety and Motor Vehicles to withhold 288
issuance of the minor's driver license or driving privilege for 289
up to 2 years after the date on which the minor would otherwise 290
have become eligible. 291
Section 3. Subsection (9) of section 901.15, Florida 292
Statutes, is amended to read: 293
901.15 When arrest by officer without warrant is lawful. —A 294
law enforcement officer may arrest a person without a warrant 295
when: 296
(9) There is probable cause to believe that the person h as 297
committed: 298
(a) Any battery upon another person, as defined in s. 299
784.03. 300
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(b) An act of criminal mischief or a graffiti -related 301
offense as described in s. 806.13. 302
(c) A violation of a safety zone, security zone, regulated 303
navigation area, or naval vessel protection zone as described in 304
s. 327.461. 305
(d) A racing, street takeover, or stunt driving violation 306
as described in s. 316.191(2). 307
(e) An exposure of sexual organs in violation of s. 308
800.03. 309
(f) Possession of a firearm by a minor in violatio n of s. 310
790.22(3). 311
Section 4. Paragraph (d) of subsection (1) of section 312
985.101, Florida Statutes, is amended to read: 313
985.101 Taking a child into custody. — 314
(1) A child may be taken into custody under the following 315
circumstances: 316
(d) By a law enforcement officer who has probable cause to 317
believe that the child is in violation of the conditions of the 318
child's probation, supervised release detention, postcommitment 319
probation, or conditional release supervision; has absconded 320
from nonresidential com mitment; or has escaped from residential 321
commitment. 322
323
Nothing in this subsection shall be construed to allow the 324
detention of a child who does not meet the detention criteria in 325
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part V. 326
Section 5. Section 985.12, Florida Statutes, is amended to 327
read: 328
985.12 Prearrest delinquency Civil citation or similar 329
prearrest diversion programs.— 330
(1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 331
that the creation and implementation of any prearrest 332
delinquency civil citation or similar prearrest divers ion 333
programs at the judicial circuit level promotes public safety, 334
aids interagency cooperation, and provides the greatest chance 335
of success for prearrest delinquency civil citation and similar 336
prearrest diversion programs. The Legislature further finds th at 337
the widespread use of prearrest delinquency civil citation and 338
similar prearrest diversion programs has a positive effect on 339
the criminal justice system by immediately holding youth 340
accountable for their actions and contributes to an overall 341
reduction in the crime rate and recidivism in the state. The 342
Legislature encourages but does not mandate that counties, 343
municipalities, and public or private educational institutions 344
participate in a prearrest delinquency civil citation or similar 345
prearrest diversion program created by their judicial circuit 346
under this section. 347
(2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 348
PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 349
OPERATION.— 350
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(a) A prearrest delinquency civil citation or similar 351
prearrest diversion program for misdemeanor offenses shall be 352
established in each judicial circuit in the state. The state 353
attorney and public defender of each circuit, the clerk of the 354
court for each county in the circuit, and representatives of 355
participating law enforcement agencies in the circuit shall 356
create a prearrest delinquency civil citation or similar 357
prearrest diversion program and develop its policies and 358
procedures. In developing the program's policies and procedures, 359
input from other intereste d stakeholders may be solicited. The 360
department shall annually develop and provide guidelines on best 361
practice models for prearrest delinquency civil citation or 362
similar prearrest diversion programs to the judicial circuits as 363
a resource. 364
(b) Each judicial circuit's prearrest delinquency civil 365
citation or similar prearrest diversion program must specify all 366
of the following: 367
1. The misdemeanor offenses that qualify a juvenile for 368
participation in the program . Offenses involving the use or 369
possession of a firearm do not qualify for a prearrest 370
delinquency citation program. ; 371
2. The eligibility criteria for the program .; 372
3. The program's implementation and operation .; 373
4. The program's requirements, including, but not limited 374
to, the completion of comm unity service hours, payment of 375
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restitution, if applicable , classes established by the 376
department or the prearrest delinquency citation program , and 377
intervention services indicated by a needs assessment of the 378
juvenile, approved by the department, such as family counseling, 379
urinalysis monitoring, and substance abuse and mental health 380
treatment services.; and 381
5. A program fee, if any, to be paid by a juvenile 382
participating in the program. If the program imposes a fee, the 383
clerk of the court of the applicable county must receive a 384
reasonable portion of the fee. 385
(c) The state attorney of each circuit shall operate a 386
prearrest delinquency civil citation or similar prearrest 387
diversion program in each circuit. A sheriff, polic e department, 388
county, municipality, locally authorized entity, or public or 389
private educational institution may continue to operate an 390
independent prearrest delinquency civil citation or similar 391
prearrest diversion program that is in operation as of Octobe r 392
1, 2018, if the independent program is reviewed by the state 393
attorney of the applicable circuit and he or she determines that 394
the independent program is substantially similar to the 395
prearrest delinquency civil citation or similar prearrest 396
diversion program developed by the circuit. If the state 397
attorney determines that the independent program is not 398
substantially similar to the prearrest delinquency civil 399
citation or similar prearrest diversion program developed by the 400
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circuit, the operator of the indepe ndent diversion program may 401
revise the program and the state attorney may conduct an 402
additional review of the independent program. A civil citation 403
or similar prearrest diversion program existing before July 1, 404
2024, shall be deemed a delinquency citation program authorized 405
by this section if the civil citation or similar prearrest 406
diversion program has been approved by the state attorney of the 407
circuit in which it operates and it complies with the 408
requirements in paragraph (2)(b). 409
(d) A judicial circuit may model an existing sheriff's, 410
police department's, county's, municipality's, locally 411
authorized entity's, or public or private educational 412
institution's independent civil citation or similar prearrest 413
diversion program in developing the civil citation o r similar 414
prearrest diversion program for the circuit. 415
(d)(e) If a juvenile does not successfully complete the 416
prearrest delinquency civil citation or similar prearrest 417
diversion program, the arresting law enforcement officer shall 418
determine if there is good cause to arrest the juvenile for the 419
original misdemeanor offense and refer the case to the state 420
attorney to determine if prosecution is appropriate or allow the 421
juvenile to continue in the program. 422
(e)(f) Each prearrest delinquency civil citation or 423
similar prearrest diversion program shall enter the appropriate 424
youth data into the Juvenile Justice Information System 425
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Prevention Web within 7 days after the admission of the youth 426
into the program. 427
(f)(g) At the conclusion of a juvenile's prearrest 428
delinquency civil citation or similar prearrest diversion 429
program, the state attorney or operator of the independent 430
program shall report the outcome to the department. The issuance 431
of a prearrest delinquency civil citation or similar prearrest 432
diversion program notice is not considered a referral to the 433
department. 434
(g)(h) Upon issuing a prearrest delinquency civil citation 435
or similar prearrest diversion program notice, the law 436
enforcement officer shall send a copy of the prearrest 437
delinquency civil citation or similar prearrest diversion 438
program notice to the parent or guardian of the child and to the 439
victim. 440
Section 6. Section 985.125, Florida Statutes, is amended 441
to read: 442
985.125 Prearrest or Postarrest diversion programs. — 443
(1) A law enforcement agency or school district, in 444
cooperation with the state attorney, may establish a prearrest 445
or postarrest diversion program. 446
(2) As part of the prearrest or postarrest diversion 447
program, a child who is alleged to have committed a delinquent 448
act may be required to surrender his or her driver license, or 449
refrain from applying for a driver license, for not more than 90 450
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days. If the child fails to comply with the requirements of the 451
program, the state attorney may notify the Department of Highway 452
Safety and Motor Vehicles in writing to suspend the child's 453
driver license for a period that may not exceed 90 days. 454
Section 7. Subsections (5) and (6) of section 985.126, 455
Florida Statutes, are renumbered as subsections (6) and (7), 456
respectively, subsections (3) and (4) of that section are 457
amended, and a new subsection (5) is added to that section, to 458
read: 459
985.126 Prearrest and postarrest diversion programs; data 460
collection; denial of participation or expunged record. — 461
(3)(a) Beginning October 1, 2018, Each diversion program 462
shall submit data to the department which identifies for each 463
minor participating in the diversion program: 464
1. The race, ethnicity, gender, and age of that minor. 465
2. The offense committed, including the specific law 466
establishing the offense. 467
3. The judicial circuit and county in which the offense 468
was committed and the law enforcement agency that had contact 469
with the minor for the offense. 470
4. Other demographic information necessary to properly 471
register a case into the Juvenile Justi ce Information System 472
Prevention Web, as specified by the department. 473
(b) Beginning October 1, 2018, Each law enforcement agency 474
shall submit to the department data for every minor charged for 475
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the first-time, who is charged with a misdemeanor, and who wa s 476
that identifies for each minor who was eligible for a diversion 477
program, but was instead referred to the department, provided a 478
notice to appear, or arrested: 479
1. The data required pursuant to paragraph (a). 480
2. Whether the minor was offered the opport unity to 481
participate in a diversion program. If the minor was: 482
a. Not offered such opportunity, the reason such offer was 483
not made. 484
b. Offered such opportunity, whether the minor or his or 485
her parent or legal guardian declined to participate in the 486
diversion program. 487
(c) The data required pursuant to paragraph (a) shall be 488
entered into the Juvenile Justice Information System Prevention 489
Web within 7 days after the youth's admission into the program. 490
(d) The data required pursuant to paragraph (b) sha ll be 491
submitted on or with the arrest affidavit or notice to appear. 492
(4) Beginning January 1, 2019, The department shall 493
compile and semiannually publish the data required by subsection 494
(3) on the department's website in a format that is, at a 495
minimum, sortable by judicial circuit, county, law enforcement 496
agency, race, ethnicity, gender, age, and offense committed. 497
(5) The department shall provide a quarterly report to be 498
published on its website and distributed to the Governor, 499
President of the Senate, and Speaker of the House of 500
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Representatives listing the entities that use prearrest 501
delinquency citations for less than 70 percent of first -time 502
misdemeanor offenses. 503
Section 8. Subsection (4) of section 985.245, Florida 504
Statutes, is amended to read: 505
985.245 Risk assessment instrument. — 506
(4) For a child who is under the supervision of the 507
department through probation, supervised release detention, 508
conditional release, postcommitment probation, or commitment and 509
who is charged with committing a new offense, the risk 510
assessment instrument may be completed and scored based on the 511
underlying charge for which the child was placed under the 512
supervision of the department. 513
Section 9. Subsection (1) of section 985.25, Florida 514
Statutes, is amended to read: 515
985.25 Detention intake. — 516
(1) The department shall receive custody of a child who 517
has been taken into custody from the law enforcement agency or 518
court and shall review the facts in the law enforcement report 519
or probable cause affidavit and make such further inquiry as may 520
be necessary to determine whether detention care is appropriate. 521
(a) During the period of time from the taking of the child 522
into custody to the date of the detention hearing, the initial 523
decision as to the child's placement into detention care shall 524
be made by the department under ss. 985.24 and 985.245(1). 525
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(b) The department shall base the decision whether to 526
place the child into detention care on an assessment of risk in 527
accordance with the r isk assessment instrument and procedures 528
developed by the department under s. 985.245, except that a 529
child shall be placed in secure detention care until the child's 530
detention hearing if the child meets the criteria specified in 531
s. 985.255(1)(f), is charged with possessing or discharging a 532
firearm on school property in violation of s. 790.115, or is 533
charged with any other offense involving the possession or use 534
of a firearm. 535
(c) If the final score on the child's risk assessment 536
instrument indicates detent ion care is appropriate, but the 537
department otherwise determines the child should be released, 538
the department shall contact the state attorney, who may 539
authorize release. 540
(d) If the final score on the risk assessment instrument 541
indicates detention is not appropriate, the child may be 542
released by the department in accordance with ss. 985.115 and 543
985.13. 544
(e) Notwithstanding any other provision of law, a child 545
who is arrested for violating the terms of his or her electronic 546
monitoring supervision or his or her supervised release shall be 547
placed in secure detention until his or her detention hearing. 548
(f) Notwithstanding any other provision of law, a child on 549
probation for an underlying felony firearm offense in chapter 550
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790 and who is taken into custody und er s. 985.101 for violating 551
conditions of probation not involving a new law violation shall 552
be held in secure detention to allow the state attorney to 553
review the violation. If, within 21 days, the state attorney 554
notifies the court that commitment will be s ought, then the 555
child shall remain in secure detention pending proceedings under 556
s. 985.439 until the initial 21 -day period of secure detention 557
has expired. Upon motion of the state attorney, the child may be 558
held for an additional 21 -day period if the cou rt finds that the 559
totality of the circumstances, including the preservation of 560
public safety, warrants such extension. Any release from secure 561
detention shall result in the child being held on supervised 562
release with electronic monitoring pending proceedin gs under s. 563
985.439. 564
565
Under no circumstances shall the department or the state 566
attorney or law enforcement officer authorize the detention of 567
any child in a jail or other facility intended or used for the 568
detention of adults, without an order of the court. 569
Section 10. Paragraph (a) of subsection (1) and subsection 570
(3) of section 985.255, Florida Statutes, are amended, and 571
paragraphs (g) and (h) are added to subsection (1) of that 572
section, to read: 573
985.255 Detention criteria; detention hearing. — 574
(1) Subject to s. 985.25(1), a child taken into custody 575
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and placed into detention care shall be given a hearing within 576
24 hours after being taken into custody. At the hearing, the 577
court may order a continued detention status if: 578
(a) The result of the risk as sessment instrument pursuant 579
to s. 985.245 indicates secure or supervised release detention 580
or the court makes the findings required under paragraph (3)(b) . 581
(g) The court finds probable cause at the detention 582
hearing that the child committed one or more of the following 583
offenses: 584
1. Murder in the first degree under s. 782.04(1)(a). 585
2. Murder in the second degree under s. 782.04(2). 586
3. Armed robbery under s. 812.13(2)(a) that involves the 587
use or possession of a firearm as defined in s. 790.001. 588
4. Armed carjacking under s. 812.133(2)(a) that involves 589
the use or possession of a firearm as defined in s. 790.001. 590
5. Having a firearm while committing a felony under s. 591
790.07(2). 592
6. Armed burglary under s. 810.02(2)(b) that involves the 593
use or possession of a firearm as defined in s. 790.001. 594
7. Delinquent in possession of a firearm under s. 595
790.23(1)(b). 596
8. An attempt to commit any offense listed in this 597
paragraph under s. 777.04. 598
(h) For a child who meets the criteria in paragraph (g): 599
1. There is a presumption that the child presents a risk 600
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to public safety and danger to the community and such child must 601
be held in secure detention prior to an adjudicatory hearing, 602
unless the court enters a written order that the child would not 603
present a risk to public safety or a danger to the community if 604
he or she were placed on supervised release detention care. 605
2. The written order releasing a child from secure 606
detention must be based on clear and convincing evidence why the 607
child does not present a risk to public safety or a danger to 608
the community and must list the child's prior adjudications, 609
dispositions, and prior violations of pretrial release orders. A 610
court releasing a child from secure detention under this 611
subparagraph shall place the child on supervised release 612
detention care with electronic monitoring until the child's 613
adjudicatory hearing. 614
3. If an adjudicatory hearing has not taken place after 60 615
days of secure detention for a child held in secure detention 616
under this paragraph, the court must prioritize the efficient 617
disposition of cases and hold a review hearing within each 618
successive 7-day review period until the adjudicatory hearing or 619
until the child is placed on supervised release with electronic 620
monitoring under subparagrap h 2. 621
4. If the court, under this section, releases a child to 622
supervised release detention care, the court must provide a copy 623
of the written order to the victim, to the law enforcement 624
agency that arrested the child, and to the law enforcement 625
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agency with primary jurisdiction over the child's primary 626
residence. 627
(3)(a) The purpose of the detention hearing required under 628
subsection (1) is to determine the existence of probable cause 629
that the child has committed the delinquent act or violation of 630
law that he or she is charged with and the need for continued 631
detention. The court shall consider use the results of the risk 632
assessment performed by the department and, based on the 633
criteria in subsection (1), shall determine the need for 634
continued detention. If the child is a prolific juvenile 635
offender who is detained under s. 985.26(2)(c), the court shall 636
consider use the results of the risk assessment performed by the 637
department and the criteria in subsection (1) or subsection (2) 638
only to determine whe ther the prolific juvenile offender should 639
be held in secure detention. 640
(b) If The court may order orders a placement more or less 641
restrictive than indicated by the results of the risk assessment 642
instrument, and, if the court does so, shall state, in writing, 643
clear and convincing reasons for such placement. 644
(c) Except as provided in s. 790.22(8) or s. 985.27, when 645
a child is placed into detention care, or into a respite home or 646
other placement pursuant to a court order following a hearing, 647
the court order must include specific instructions that direct 648
the release of the child from such placement no later than 5 649
p.m. on the last day of the detention period specified in s. 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
985.26 or s. 985.27, whichever is applicable, unless the 651
requirements of such applic able provision have been met or an 652
order of continuance has been granted under s. 985.26(4). If the 653
court order does not include a release date, the release date 654
shall be requested from the court on the same date that the 655
child is placed in detention care. If a subsequent hearing is 656
needed to provide additional information to the court for safety 657
planning, the initial order placing the child in detention care 658
shall reflect the next detention review hearing, which shall be 659
held within 3 calendar days after t he child's initial detention 660
placement. 661
Section 11. Paragraph (b) of subsection (2) of section 662
985.26, Florida Statutes, is amended to read: 663
985.26 Length of detention. — 664
(2) 665
(b) The court may order the child to be held in secure 666
detention beyond 21 days under the following circumstances: 667
1. Upon good cause being shown that the nature of the 668
charge requires additional time for the prosecution or defense 669
of the case or that the totality of the circumstances, including 670
the preservation of public saf ety, warrants an extension, the 671
court may extend the length of secure detention care for up to 672
an additional 21 days if the child is charged with an offense 673
which, if committed by an adult, would be a capital felony, a 674
life felony, a felony of the first de gree or the second degree, 675
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a felony of the third degree involving violence against any 676
individual, or any other offense involving the possession or use 677
of a firearm. Except as otherwise provided in subparagraph 2., 678
the court may continue to extend the peri od of secure detention 679
care in increments of up to 21 days each by conducting a hearing 680
before the expiration of the current period to determine the 681
need for continued secure detention of the child. At the 682
hearing, the court must make the required findings in writing to 683
extend the period of secure detention. If the court extends the 684
time period for secure detention care, it shall ensure an 685
adjudicatory hearing for the case commences as soon as is 686
reasonably possible considering the totality of the 687
circumstances. The court shall prioritize the efficient 688
disposition of cases in which the child has served 60 or more 689
days in secure detention care. 690
2. When the child is being held in secure detention under 691
s. 985.255(1)(g), and subject to s. 985.255(1)(h). 692
Section 12. Paragraph (d) is added to subsection (7) of 693
section 985.433, Florida Statutes, and subsections (8) and (9) 694
of that section are amended, to read: 695
985.433 Disposition hearings in delinquency cases. —When a 696
child has been found to have committed a delinquent act, the 697
following procedures shall be applicable to the disposition of 698
the case: 699
(7) If the court determines that the child should be 700
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adjudicated as having committed a delinquent act and should be 701
committed to the department, such determinat ion shall be in 702
writing or on the record of the hearing. The determination shall 703
include a specific finding of the reasons for the decision to 704
adjudicate and to commit the child to the department, including 705
any determination that the child was a member of a criminal 706
gang. 707
(d) Any child adjudicated by the court and committed to 708
the department under a restrictiveness level described in s. 709
985.03(44)(a)–(d), for any offense or attempted offense 710
involving a firearm must be placed on conditional release, as 711
defined in s. 985.03, for a period of 1 year following his or 712
her release from a commitment program. Such term of conditional 713
release shall include electronic monitoring of the child by the 714
department for the initial 6 months following his or her release 715
and at times and under terms and conditions set by the 716
department. 717
(8) If the court determines not to adjudicate and commit 718
to the department, then the court shall determine what 719
community-based sanctions it will impose in a probation program 720
for the child. Community-based sanctions may include, but are 721
not limited to, participation in substance abuse treatment, a 722
day-treatment probation program, restitution in money or in 723
kind, a curfew, revocation or suspension of the driver license 724
of the child, community service, and appropriate educational 725
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programs as determined by the district school board. 726
(a)1. Where a child is found to have committed an offense 727
that involves the use or possession of a firearm, as defined in 728
s. 790.001, other than a violation of s. 790.22(3), or is found 729
to have committed an offense during the commission of which the 730
child possessed a firearm, and the court has decided not to 731
commit the child to a residential program, the court shall order 732
the child, in addition to any other punishme nt provided by law, 733
to: 734
a. Serve a period of detention of 30 days in a secure 735
detention facility, with credit for time served in secure 736
detention prior to disposition. 737
b. Perform 100 hours of community service or paid work as 738
determined by the departme nt. 739
c. Be placed on probation for a period of at least 1 year. 740
Such term of probation shall include electronic monitoring of 741
the child by the department at times and under terms and 742
conditions set by the department. 743
2. In addition to the penalties in s ubparagraph 1., the 744
court may impose the following restrictions upon the child's 745
driving privileges: 746
a. If the child is eligible by reason of age for a driver 747
license or driving privilege, the court may direct the 748
Department of Highway Safety and Motor V ehicles to revoke or to 749
withhold issuance of the child's driver license or driving 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
privilege for up to 1 year. 751
b. If the child's driver license or driving privilege is 752
under suspension or revocation for any reason, the court may 753
direct the Department of Highway Safety and Motor Vehicles to 754
extend the period of suspension or revocation by an additional 755
period for up to 1 year. 756
c. If the child is ineligible by reason of age for a 757
driver license or driving privilege, the court may direct the 758
Department of Highway Safety and Motor Vehicles to withhold 759
issuance of the minor's driver license or driving privilege for 760
up to 1 year after the date on which the child would otherwise 761
have become eligible. 762
763
For the purposes of this paragraph, community service shall be 764
performed, if possible, in a manner involving a hospital 765
emergency room or other medical environment that deals on a 766
regular basis with trauma patients and gunshot wounds. 767
(b) A child who has previously had adjudication withheld 768
for any of the followi ng offenses shall not be eligible for a 769
second or subsequent withhold of adjudication if he or she is 770
subsequently found to have committed any of the following 771
offenses, and must be adjudicated delinquent and committed to a 772
residential program: 773
1. Armed robbery involving a firearm under s. 774
812.13(2)(a). 775
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2. Armed carjacking under s. 812.133(2)(a) involving the 776
use or possession of a firearm as defined in s. 790.001. 777
3. Having a firearm while committing a felony under s. 778
790.07(2). 779
4. Armed burglary under s. 810.02(2)(b) involving the use 780
or possession of a firearm as defined in s. 790.001. 781
5. Delinquent in possession of a firearm under s. 782
790.23(1)(b). 783
6. An attempt to commit any offense listed in this 784
paragraph under s. 777.04. 785
(9) After appropriate sanctions for the offense are 786
determined, including any minimum sanctions required by this 787
section, the court shall develop, approve, and order a plan of 788
probation that will contain rules, requirements, conditions, and 789
rehabilitative programs, including the option of a day -treatment 790
probation program, that are designed to encourage responsible 791
and acceptable behavior and to promote both the rehabilitation 792
of the child and the protection of the community. 793
Section 13. Subsections (1), (3), and (4) of section 794
985.435, Florida Statutes, are amended to read: 795
985.435 Probation and postcommitment probation ; community 796
service.— 797
(1) The court that has jurisdiction over an adjudicated 798
delinquent child may, by an order stating the fact s upon which a 799
determination of a sanction and rehabilitative program was made 800
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at the disposition hearing, place the child in a probation 801
program or a postcommitment probation program . Such placement 802
must be under the supervision of an authorized agent of the 803
department or of any other person or agency specifically 804
authorized and appointed by the court, whether in the child's 805
own home, in the home of a relative of the child, or in some 806
other suitable place under such reasonable conditions as the 807
court may direct. 808
(3) A probation program must also include a rehabilitative 809
program component such as a requirement of participation in 810
substance abuse treatment or in a school or career and technical 811
education program. The nonconsent of the child to treatment in a 812
substance abuse treatment program in no way precludes the court 813
from ordering such treatment. Upon the recommendation of the 814
department at the time of disposition, or subsequent to 815
disposition pursuant to the filing of a petition alleging a 816
violation of the child's conditions of postcommitment probation, 817
the court may order the child to submit to random testing for 818
the purpose of detecting and monitoring the use of alcohol or 819
controlled substances. 820
(4) A probation program must may also include an 821
alternative consequence component to address instances in which 822
a child is noncompliant with technical conditions of his or her 823
probation but has not committed any new violations of law. The 824
alternative consequence component must be aligned with the 825
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department's graduated response matrix as described in s. 826
985.438 Each judicial circuit shall develop, in consultation 827
with judges, the state attorney, the public defender, the 828
regional counsel, relevant law enforcement agencies, and the 829
department, a written plan spe cifying the alternative 830
consequence component which must be based upon the principle 831
that sanctions must reflect the seriousness of the violation, 832
the assessed criminogenic needs and risks of the child, the 833
child's age and maturity level, and how effective the sanction 834
or incentive will be in moving the child to compliant behavior. 835
The alternative consequence component is designed to provide 836
swift and appropriate consequences or incentives to a child who 837
is alleged to be noncompliant with or in violation of probation. 838
If the probation program includes this component, specific 839
consequences that apply to noncompliance with specific technical 840
conditions of probation, as well as incentives used to move the 841
child toward compliant behavior, must be detailed in the 842
disposition order. 843
Section 14. Section 985.438, Florida Statutes, is created 844
to read: 845
985.438 Graduated response matrix. — 846
(1) The department shall create and administer a statewide 847
plan to hold youths accountable to the terms of their court 848
ordered probation and the terms of their conditional release. 849
The plan must be based upon the principle that sanctions must 850
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reflect the seriousness of the violation, provide immediate 851
accountability for violations, the assessed criminogenic needs 852
and risks of the child, and the child's age and maturity level. 853
The plan is designed to provide swift and appropriate 854
consequences or incentives to a child who is alleged to be 855
noncompliant with or in violation of his or her probation. 856
(2) The graduated response matri x shall outline sanctions 857
for youth based on their risk to reoffend and shall include, but 858
not be limited to: 859
(a) Increased contacts. 860
(b) Increased drug tests. 861
(c) Curfew reductions. 862
(d) Increased community service. 863
(e) Additional evaluations. 864
(f) Addition of electronic monitoring. 865
(3) The graduated response matrix shall be adopted in rule 866
by the department. 867
Section 15. Section 985.439, Florida Statutes, is amended 868
to read: 869
985.439 Violation of probation or postcommitment 870
probation.— 871
(1)(a) This section is applicable when the court has 872
jurisdiction over a child on probation or postcommitment 873
probation, regardless of adjudication. 874
(b) If the conditions of the probation program or the 875
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postcommitment probation program are violated, the department or 876
the state attorney may bring the child before the court on a 877
petition alleging a violation of the program. A child who 878
violates the conditions of probation or postcommitment probation 879
must be brought before the court if sanctions are sought. 880
(c) Upon receiving notice of a violation of probation from 881
the department, the state attorney must file the violation 882
within 5 days or provide in writing to the department and the 883
court the reason as to why he or she is not filing. 884
(2) A child taken int o custody under s. 985.101 for 885
violating the conditions of probation shall be screened and 886
detained or released based on his or her risk assessment 887
instrument score. 888
(3) If the child denies violating the conditions of 889
probation or postcommitment probatio n, the court shall, upon the 890
child's request, appoint counsel to represent the child. 891
(4) Upon the child's admission, or if the court finds 892
after a hearing that the child has violated the conditions of 893
probation or postcommitment probation , the court shall enter an 894
order revoking, modifying, or continuing probation or 895
postcommitment probation . In each such case, the court shall 896
enter a new disposition order and, in addition to the sanctions 897
set forth in this section, may impose any sanction the court 898
could have imposed at the original disposition hearing. If the 899
child is found to have violated the conditions of probation or 900
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postcommitment probation , the court may: 901
(a) Place the child in supervised release detention with 902
electronic monitoring. 903
(b) If the violation of probation is technical in nature 904
and not a new violation of law, place the child in an 905
alternative consequence program designed to provide swift and 906
appropriate consequences to any further violations of probation. 907
1. Alternative consequence programs shall be established, 908
within existing resources, at the local level in coordination 909
with law enforcement agencies, the chief judge of the circuit, 910
the state attorney, and the public defender. 911
2. Alternative consequence programs may b e operated by an 912
entity such as a law enforcement agency, the department, a 913
juvenile assessment center, a county or municipality, or another 914
entity selected by the department. 915
3. Upon placing a child in an alternative consequence 916
program, the court must approve specific consequences for 917
specific violations of the conditions of probation. 918
(c) Modify or continue the child's probation program or 919
postcommitment probation program . 920
(d) Revoke probation or postcommitment probation and 921
commit the child to the department. 922
(e) Allow the department to place a child on electronic 923
monitoring for a violation of probation if it determines doing 924
so will preserve and protect public safety. 925
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(5) Upon the recommendation of the department at the time 926
of disposition, or subsequent to disposition pursuant to the 927
filing of a petition alleging a violation of the child's 928
conditions of postcommitment probation, the court may order the 929
child to submit to random testing for the purpose of detecting 930
and monitoring the use of alc ohol or controlled substances. 931
Section 16. Subsection (2) of section 985.441, Florida 932
Statutes, is amended to read: 933
985.441 Commitment. — 934
(2) Notwithstanding subsection (1), the court having 935
jurisdiction over an adjudicated delinquent child whose offense 936
is a misdemeanor, other than a violation of s. 790.22(3), or a 937
child who is currently on probation for a misdemeanor, other 938
than a violation of s. 790.22(3), may not commit the child for 939
any misdemeanor offense or any probation violation that is 940
technical in nature and not a new violation of law at a 941
restrictiveness level other than minimum -risk nonresidential. 942
However, the court may commit such child to a nonsecure 943
residential placement if: 944
(a) The child has previously been adjudicated or had 945
adjudication withheld for a felony offense; 946
(b) The child has previously been adjudicated or had 947
adjudication withheld for three or more misdemeanor offenses 948
within the previous 18 months; 949
(c) The child is before the court for disposition for a 950
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violation of s. 800.03, s. 806.031, or s. 828.12; or 951
(d) The court finds by a preponderance of the evidence 952
that the protection of the public requires such placement or 953
that the particular needs of the child would be best served by 954
such placement. Such finding must be in writing. 955
Section 17. Subsection (5) is added to section 985.455, 956
Florida Statutes, to read: 957
985.455 Other dispositional issues. — 958
(5) If the court orders revocation or suspension of a 959
child's driver license as part of a disposition, the court may, 960
upon finding a compelling circumstance to warrant an exception, 961
direct the Department of Highway Safety and Motor Vehicles to 962
issue a license for driving privileges restricted to business or 963
employment purposes only, as defined in s. 322.271. 964
Section 18. Subsections (2), (3), and (5) of section 965
985.46, Florida Statutes, are amended, and subsection (6) is 966
added to that section, to read: 967
985.46 Conditional release. — 968
(2) It is the intent of the Legislature that: 969
(a) Commitment programs include rehabilitative efforts on 970
preparing committed juveniles for a successful release to the 971
community. 972
(b) Conditional release transition planning begins as 973
early in the commitment process as possible. 974
(c) Each juvenile committed to a residential commitment 975
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program receive conditional release services be assessed to 976
determine the need for conditional release services upon release 977
from the commitment program unless the juvenile is directly 978
released by the court. 979
(3) For juveniles referred or committed to the department, 980
the function of the department may include, but shall not be 981
limited to, supervising each juvenile on conditional release 982
when assessing each juvenile placed in a residential commitmen t 983
program to determine the need for conditional release services 984
upon release from the program, supervising the juvenile when 985
released into the community from a residential commitment 986
facility of the department, providing such counseling and other 987
services as may be necessary for the families and assisting 988
their preparations for the return of the child. Subject to 989
specific appropriation, the department shall provide for 990
outpatient sexual offender counseling for any juvenile sexual 991
offender released from a r esidential commitment program as a 992
component of conditional release. 993
(5) Conditional release supervision shall contain, at a 994
minimum, the following conditions: 995
(a)(5) Participation in the educational program by 996
students of compulsory school attendance age pursuant to s. 997
1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 998
conditional release or postcommitment probation status . A 999
student of noncompulsory school -attendance age who has not 1000
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received a high school diploma or its equivalent must 1001
participate in an educational program or career and technical 1002
education course of study. A youth who has received a high 1003
school diploma or its equivalent and is not employed must 1004
participate in workforce development or other career or 1005
technical education or attend a community college or a 1006
university while in the program , subject to available funding . 1007
(b) A curfew. 1008
(c) A prohibition on contact with victims, co -defendants, 1009
or known gang members. 1010
(d) A prohibition on use of controlled substances. 1011
(e) A prohibition on possession of firearms. 1012
(6) A youth who violates the terms of his or her 1013
conditional release shall be assessed using the graduated 1014
response matrix as described in s. 985.438. A youth who fails to 1015
move into compliance shall be recommitted t o a residential 1016
facility. 1017
Section 19. Paragraph (c) of subsection (1) of section 1018
985.48, Florida Statutes, is amended to read: 1019
985.48 Juvenile sexual offender commitment programs; 1020
sexual abuse intervention networks. — 1021
(1) In order to provide intensi ve treatment and 1022
psychological services to a juvenile sexual offender committed 1023
to the department, it is the intent of the Legislature to 1024
establish programs and strategies to effectively respond to 1025
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juvenile sexual offenders. In designing programs for juven ile 1026
sexual offenders, it is the further intent of the Legislature to 1027
implement strategies that include: 1028
(c) Providing intensive postcommitment supervision of 1029
juvenile sexual offenders who are released into the community 1030
with terms and conditions which ma y include electronic 1031
monitoring of a juvenile sexual offender for the purpose of 1032
enhancing public safety. 1033
Section 20. Paragraph (a) of subsection (6) of section 1034
985.4815, Florida Statutes, is amended to read: 1035
985.4815 Notification to Department of La w Enforcement of 1036
information on juvenile sexual offenders. — 1037
(6)(a) The information provided to the Department of Law 1038
Enforcement must include the following: 1039
1. The information obtained from the sexual offender under 1040
subsection (4). 1041
2. The sexual offender's most current address and place of 1042
permanent, temporary, or transient residence within the state or 1043
out of state, and address, location or description, and dates of 1044
any current or known future temporary residence within the state 1045
or out of state, whi le the sexual offender is in the care or 1046
custody or under the jurisdiction or supervision of the 1047
department in this state, including the name of the county or 1048
municipality in which the offender permanently or temporarily 1049
resides, or has a transient residen ce, and address, location or 1050
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description, and dates of any current or known future temporary 1051
residence within the state or out of state; and, if known, the 1052
intended place of permanent, temporary, or transient residence, 1053
and address, location or description , and dates of any current 1054
or known future temporary residence within the state or out of 1055
state upon satisfaction of all sanctions. 1056
3. The legal status of the sexual offender and the 1057
scheduled termination date of that legal status. 1058
4. The location of, and local telephone number for, any 1059
department office that is responsible for supervising the sexual 1060
offender. 1061
5. An indication of whether the victim of the offense that 1062
resulted in the offender's status as a sexual offender was a 1063
minor. 1064
6. The offense or offenses at adjudication and disposition 1065
that resulted in the determination of the offender's status as a 1066
sex offender. 1067
7. A digitized photograph of the sexual offender, which 1068
must have been taken within 60 days before the offender was 1069
released from the custody of the department or a private 1070
correctional facility by expiration of sentence under s. 1071
944.275, or within 60 days after the onset of the department's 1072
supervision of any sexual offender who is on probation, 1073
postcommitment probation, residential commitment, nonresidential 1074
commitment, licensed child -caring commitment, community control, 1075
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conditional release, parole, provisional release, or control 1076
release or who is supervised by the department under the 1077
Interstate Compact Agreement for Probationers and Parolees. If 1078
the sexual offender is in the custody of a private correctional 1079
facility, the facility shall take a digitized photograph of the 1080
sexual offender within the time period provided in this 1081
subparagraph and shall provide the photograph to the d epartment. 1082
Section 21. Subsection (11) of section 985.601, Florida 1083
Statutes, is renumbered as subsection (12), and a new subsection 1084
(11) is added to that section, to read: 1085
985.601 Administering the juvenile justice continuum. — 1086
(11) The department s hall establish a class focused on the 1087
risk and consequences of youthful firearm offending which shall 1088
be provided by the department to any youth who has been 1089
adjudicated or had adjudication withheld for any offense 1090
involving the use or possession of a fire arm. 1091
Section 22. Section 985.711, Florida Statutes, is amended 1092
to read: 1093
985.711 Introduction, removal, or possession of certain 1094
articles unlawful; penalty. — 1095
(1)(a) Except as authorized through program policy or 1096
operating procedure or as authorized by the facility 1097
superintendent, program director, or manager, a person may not 1098
introduce into or upon the grounds of a juvenile detention 1099
facility or commitment program, or take or send, or attempt to 1100
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take or send, from a juvenile detention facility or com mitment 1101
program, any of the following articles, which are declared to be 1102
contraband under this section: 1103
1. Any unauthorized article of food or clothing given or 1104
transmitted, or intended to be given or transmitted, to any 1105
youth in a juvenile detention fac ility or commitment program . 1106
2. Any intoxicating beverage or any beverage that causes 1107
or may cause an intoxicating effect. 1108
3. Any controlled substance as defined in s. 893.02(4), 1109
marijuana as defined in s. 381.986, hemp as defined in s. 1110
581.217, industrial hemp as defined in s. 1004.4473, or any 1111
prescription or nonprescription drug that has a hypnotic, 1112
stimulating, or depressing effect. 1113
4. Any firearm or weapon of any kind or any explosive 1114
substance. 1115
5. Any cellular telephone or other portable commu nication 1116
device as described in s. 944.47(1)(a)6., intentionally and 1117
unlawfully introduced inside the secure perimeter of any 1118
juvenile detention facility or commitment program. As used in 1119
this subparagraph, the term "portable communication device" does 1120
not include any device that has communication capabilities which 1121
has been approved or issued by the facility superintendent, 1122
program director, or manager. 1123
6. Any vapor-generating electronic device as defined in s. 1124
386.203, intentionally and unlawfully intro duced inside the 1125
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secure perimeter of any juvenile detention facility or 1126
commitment program. 1127
7. Any currency or coin given or transmitted, or intended 1128
to be given or transmitted, to any youth in any juvenile 1129
detention facility or commitment program. 1130
8. Any cigarettes, as defined in s. 210.01(1) or tobacco 1131
products, as defined in s. 210.25, given, or intended to be 1132
given, to any youth in a juvenile detention facility or 1133
commitment program. 1134
(b) A person may not transmit contraband to, cause 1135
contraband to be transmitted to or received by, attempt to 1136
transmit contraband to, or attempt to cause contraband to be 1137
transmitted to or received by, a juvenile offender into or upon 1138
the grounds of a juvenile detention facility or commitment 1139
program, except as aut horized through program policy or 1140
operating procedures or as authorized by the facility 1141
superintendent, program director, or manager. 1142
(c) A juvenile offender or any person, while upon the 1143
grounds of a juvenile detention facility or commitment program, 1144
may not be in actual or constructive possession of any article 1145
or thing declared to be contraband under this section, except as 1146
authorized through program policy or operating procedures or as 1147
authorized by the facility superintendent, program director, or 1148
manager. 1149
(d) Department staff may use canine units on the grounds 1150
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of a juvenile detention facility or commitment program to locate 1151
and seize contraband and ensure security within such facility or 1152
program. 1153
(2)(a) Any person who violates this section as it pertains 1154
to an article of contraband described in subparagraph (1)(a)1. 1155
commits a felony of the third degree, punishable as provided in 1156
s. 775.082, s. 775.083, or s. 775.084. 1157
(b) Any person who violates this section as it pertains to 1158
an article of contraband described in subparagraph (1)(a)5. or 1159
subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1160
punishable as provided in s. 775.082 or s. 775.083. 1161
(c) In all other cases, A person who violates this section 1162
commits a felony of the second deg ree, punishable as provided in 1163
s. 775.082, s. 775.083, or s. 775.084. 1164
Section 23. Paragraph (c) of subsection (2) of section 1165
1002.221, Florida Statutes, is amended to read: 1166
1002.221 K-12 education records; public records 1167
exemption.— 1168
(2) 1169
(c) In accordance with the FERPA and the federal 1170
regulations issued pursuant to the FERPA, an agency or 1171
institution, as defined in s. 1002.22, may release a student's 1172
education records without written consent of the student or 1173
parent to parties to an interagency agr eement among the 1174
Department of Juvenile Justice, the school, law enforcement 1175
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authorities, and other signatory agencies. Information provided 1176
pursuant to an interagency agreement may be used for proceedings 1177
initiated under chapter 984 or chapter 985 in furtherance of an 1178
interagency agreement is intended solely for use in determining 1179
the appropriate programs and services for each juvenile or the 1180
juvenile's family, or for coordinating the delivery of the 1181
programs and services, and as such is inadmissible in an y court 1182
proceeding before a dispositional hearing unless written consent 1183
is provided by a parent or other responsible adult on behalf of 1184
the juvenile. 1185
Section 24. Paragraph (b) of subsection (3) of section 1186
943.051, Florida Statutes, is amended to read: 1187
943.051 Criminal justice information; collection and 1188
storage; fingerprinting. — 1189
(3) 1190
(b) A minor who is charged with or found to have committed 1191
the following offenses shall be fingerprinted and the 1192
fingerprints shall be submitted electronically to the 1193
department, unless the minor is issued a prearrest delinquency 1194
civil citation pursuant to s. 985.12: 1195
1. Assault, as defined in s. 784.011. 1196
2. Battery, as defined in s. 784.03. 1197
3. Carrying a concealed weapon, as defined in s. 1198
790.01(2). 1199
4. Unlawful use of destructive devices or bombs, as 1200
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defined in s. 790.1615(1). 1201
5. Neglect of a child, as defined in s. 827.03(1)(e). 1202
6. Assault or battery on a law enforcement officer, a 1203
firefighter, or other specified officers, as defined in s. 1204
784.07(2)(a) and (b). 1205
7. Open carrying of a weapon, as defined in s. 790.053. 1206
8. Exposure of sexual organs, as defined in s. 800.03. 1207
9. Unlawful possession of a firearm, as defined in s. 1208
790.22(5). 1209
10. Petit theft, as defined in s. 812.014(3). 1210
11. Cruelty to anima ls, as defined in s. 828.12(1). 1211
12. Arson, as defined in s. 806.031(1). 1212
13. Unlawful possession or discharge of a weapon or 1213
firearm at a school-sponsored event or on school property, as 1214
provided in s. 790.115. 1215
Section 25. Paragraph (b) of subsection (1) of section 1216
985.11, Florida Statutes, is amended to read: 1217
985.11 Fingerprinting and photographing. — 1218
(1) 1219
(b) Unless the child is issued a prearrest delinquency 1220
civil citation or is participating in a similar diversion 1221
program pursuant to s. 985.12, a child who is charged with or 1222
found to have committed one of the following offenses shall be 1223
fingerprinted, and the fingerprints shall be submitted to the 1224
Department of Law Enforcem ent as provided in s. 943.051(3)(b): 1225
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1. Assault, as defined in s. 784.011. 1226
2. Battery, as defined in s. 784.03. 1227
3. Carrying a concealed weapon, as defined in s. 1228
790.01(2). 1229
4. Unlawful use of destructive devices or bombs, as 1230
defined in s. 790.1615(1 ). 1231
5. Neglect of a child, as defined in s. 827.03(1)(e). 1232
6. Assault on a law enforcement officer, a firefighter, or 1233
other specified officers, as defined in s. 784.07(2)(a). 1234
7. Open carrying of a weapon, as defined in s. 790.053. 1235
8. Exposure of sexu al organs, as defined in s. 800.03. 1236
9. Unlawful possession of a firearm, as defined in s. 1237
790.22(5). 1238
10. Petit theft, as defined in s. 812.014. 1239
11. Cruelty to animals, as defined in s. 828.12(1). 1240
12. Arson, resulting in bodily harm to a firefighter , as 1241
defined in s. 806.031(1). 1242
13. Unlawful possession or discharge of a weapon or 1243
firearm at a school-sponsored event or on school property as 1244
defined in s. 790.115. 1245
1246
A law enforcement agency may fingerprint and photograph a child 1247
taken into custody upo n probable cause that such child has 1248
committed any other violation of law, as the agency deems 1249
appropriate. Such fingerprint records and photographs shall be 1250
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retained by the law enforcement agency in a separate file, and 1251
these records and all copies thereo f must be marked "Juvenile 1252
Confidential." These records are not available for public 1253
disclosure and inspection under s. 119.07(1) except as provided 1254
in ss. 943.053 and 985.04(2), but shall be available to other 1255
law enforcement agencies, criminal justice ag encies, state 1256
attorneys, the courts, the child, the parents or legal 1257
custodians of the child, their attorneys, and any other person 1258
authorized by the court to have access to such records. In 1259
addition, such records may be submitted to the Department of Law 1260
Enforcement for inclusion in the state criminal history records 1261
and used by criminal justice agencies for criminal justice 1262
purposes. These records may, in the discretion of the court, be 1263
open to inspection by anyone upon a showing of cause. The 1264
fingerprint and photograph records shall be produced in the 1265
court whenever directed by the court. Any photograph taken 1266
pursuant to this section may be shown by a law enforcement 1267
officer to any victim or witness of a crime for the purpose of 1268
identifying the person who committed such crime. 1269
Section 26. Paragraph (n) of subsection (2) of section 1270
1006.07, Florida Statutes, is amended to read: 1271
1006.07 District school board duties relating to student 1272
discipline and school safety. —The district school board shall 1273
provide for the proper accounting for all students, for the 1274
attendance and control of students at school, and for proper 1275
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attention to health, safety, and other matters relating to the 1276
welfare of students, including: 1277
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1278
conduct for elementary schools and a code of student conduct for 1279
middle and high schools and distribute the appropriate code to 1280
all teachers, school personnel, students, and parents, at the 1281
beginning of every school year. Each code shall be organi zed and 1282
written in language that is understandable to students and 1283
parents and shall be discussed at the beginning of every school 1284
year in student classes, school advisory council meetings, and 1285
parent and teacher association or organization meetings. Each 1286
code shall be based on the rules governing student conduct and 1287
discipline adopted by the district school board and shall be 1288
made available in the student handbook or similar publication. 1289
Each code shall include, but is not limited to: 1290
(n) Criteria for re commending to law enforcement that a 1291
student who commits a criminal offense be allowed to participate 1292
in a prearrest delinquency citation civil citation or similar 1293
prearrest diversion program as an alternative to expulsion or 1294
arrest. All prearrest delinquency citation civil citation or 1295
similar prearrest diversion programs must comply with s. 985.12. 1296
Section 27. This act shall take effect July 1, 2024. 1297