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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
330.41, F.S.; conforming provisions to changes made by 3
the act; amending s. 381.887, F.S.; authorizing 4
certain employees of Department of Juvenile Justice 5
and contracted providers to possess and administer 6
opioid antagonists; providing immunity from liability 7
for administration; amending ss. 553.865, 790.22, 8
938.17, 943.0515, and 948.51, F.S.; conforming 9
provisions to changes made by the act; amending s. 10
985.02, F.S.; replacing the term "gender -specific" 11
with "sex-specific"; conforming provisions; amending 12
s. 985.03, F.S.; eliminating the minimum -risk 13
nonresidential restrictiveness level; redesignating 14
the nonsecure residential restrictiveness level as the 15
"moderate-risk residential level"; revising the 16
components of the maximum -risk residential 17
restrictiveness level; defining "sex"; amending s. 18
985.039, F.S.; conforming provisions to changes made 19
by the act; amending s. 985.115, F.S.; providing that 20
juvenile assessment centers are not facilities that 21
are permitted to receive certain children; amending 22
ss. 985.126 and 985.17, F.S.; conforming provisions to 23
changes made by the act; amending s. 985.26, F.S.; 24
revising provisions concerning transitioning a child 25
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to and from secure detention care and supervised 26
release detention care; amending ss. 985.27, 985.441, 27
and 985.455, F.S.; conforming provisions to changes 28
made by the act; amending s. 985.465, F.S.; replaci ng 29
the term "juvenile correctional facility or juvenile 30
prison" with "maximum -risk residential facilities"; 31
amending s. 985.601, F.S.; authorizing the purchase of 32
certain materials; amending s. 985.619, F.S.; 33
providing the board of trustees of the Florida 34
Scholars Academy the power and duty to review and 35
approve an annual academic calendar; authorizing the 36
board of trustees to decrease the minimum number of 37
days for instruction; amending s. 985.664, F.S.; 38
substantially revising provisions relating to juveni le 39
justice circuit advisory boards; amending ss. 985.668, 40
985.676, and 1001.42, F.S.; conforming provisions to 41
changes made by the act; amending s. 1003.01, F.S.; 42
revising the definition of the term "juvenile justice 43
education programs or schools"; amendin g s. 1003.51, 44
F.S.; revising requirements for certain State Board of 45
Education rules to establish policies and standards 46
for certain education programs; revising requirements 47
for the Department of Education, in partnership with 48
the Department of Juvenile J ustice, district school 49
boards, and education providers, to develop and 50
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implement certain contract requirements and to 51
maintain standardized required content of education 52
records; revising district school board requirements; 53
revising departmental requireme nts relating to 54
juvenile justice education programs; amending s. 55
1003.52, F.S.; revising the role of Coordinators for 56
Juvenile Justice Education Programs in collecting 57
certain information and developing certain protocols; 58
deleting provisions relating to ca reer and 59
professional education (CAPE); requiring district 60
school boards to select appropriate academic and 61
career assessments to be administered at the time of 62
program entry and exit; deleting provisions related to 63
requiring residential juvenile justice e ducation 64
programs to provide certain CAPE courses; requiring 65
each district school board to make provisions for high 66
school level students to earn credits toward high 67
school graduation while in juvenile justice detention, 68
prevention, or day treatment progra ms; authorizing 69
district school boards to contract with private 70
providers for education programs for students in such 71
programs; requiring each district school board to 72
negotiate a cooperative agreement with the department 73
on the delivery of educational ser vices to students in 74
such programs; revising requirements for such 75
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agreements; deleting provisions requiring the 76
Department of Education, in consultation with the 77
Department of Juvenile Justice, to adopt rules and 78
collect data and report on certain program s; deleting 79
a provision requiring that specified entities jointly 80
develop a multiagency plan for CAPE; conforming 81
provisions to changes made by the act; reenacting ss. 82
985.25(1), 985.255(3), 985.475(2)(h), 985.565(4)(b), 83
and 985.721, F.S., relating to dete ntion intakes, 84
detention criteria and detention hearings, juvenile 85
sexual offenders, juvenile sanctions, and escapes from 86
secure detention or residential commitment facilities, 87
respectively, to incorporate the amendments made by 88
the act; providing an effec tive date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Paragraph (a) of subsection (2) of section 93
330.41, Florida Statutes, is amended to read: 94
330.41 Unmanned Aircraft Systems Act. — 95
(2) DEFINITIONS.—As used in this act, the term: 96
(a) "Critical infrastructure facility" means any of the 97
following, if completely enclosed by a fence or other physical 98
barrier that is obviously designed to exclude intruders, or if 99
clearly marked with a sign or signs which indicate that en try is 100
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forbidden and which are posted on the property in a manner 101
reasonably likely to come to the attention of intruders: 102
1. A power generation or transmission facility, 103
substation, switching station, or electrical control center. 104
2. A chemical or rub ber manufacturing or storage facility. 105
3. A water intake structure, water treatment facility, 106
wastewater treatment plant, or pump station. 107
4. A mining facility. 108
5. A natural gas or compressed gas compressor station, 109
storage facility, or natural gas o r compressed gas pipeline. 110
6. A liquid natural gas or propane gas terminal or storage 111
facility. 112
7. Any portion of an aboveground oil or gas pipeline. 113
8. A refinery. 114
9. A gas processing plant, including a plant used in the 115
processing, treatment, or fractionation of natural gas. 116
10. A wireless communications facility, including the 117
tower, antennae, support structures, and all associated ground -118
based equipment. 119
11. A seaport as listed in s. 311.09(1), which need not be 120
completely enclosed by a fenc e or other physical barrier and 121
need not be marked with a sign or signs indicating that entry is 122
forbidden. 123
12. An inland port or other facility or group of 124
facilities serving as a point of intermodal transfer of freight 125
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in a specific area physically sep arated from a seaport. 126
13. An airport as defined in s. 330.27. 127
14. A spaceport territory as defined in s. 331.303(18). 128
15. A military installation as defined in 10 U.S.C. s. 129
2801(c)(4) and an armory as defined in s. 250.01. 130
16. A dam as defined in s. 373.403(1) or other structures, 131
such as locks, floodgates, or dikes, which are designed to 132
maintain or control the level of navigable waterways. 133
17. A state correctional institution as defined in s. 134
944.02 or a private correctional facility authorized under 135
chapter 957. 136
18. A secure detention center or facility as defined in s. 137
985.03, or a moderate-risk nonsecure residential facility, a 138
high-risk residential facility, or a maximum -risk residential 139
facility as those terms are described in s. 985.03(4 4). 140
19. A county detention facility as defined in s. 951.23. 141
20. A critical infrastructure facility as defined in s. 142
692.201. 143
Section 2. Paragraph (d) is added to subsection (4) of 144
section 381.887, Florida Statutes, to read: 145
381.887 Emergency tre atment for suspected opioid 146
overdose.— 147
(4) The following persons are authorized to possess, 148
store, and administer emergency opioid antagonists as clinically 149
indicated and are immune from any civil liability or criminal 150
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liability as a result of administer ing an emergency opioid 151
antagonist: 152
(d) Personnel of the Department of Juvenile Justice and of 153
any contracted provider with direct contact with youth 154
authorized under chapters 984 and 985. 155
Section 3. Paragraphs (c) and (j) of subsection (3), 156
paragraph (a) of subsection (10), and paragraph (f) of 157
subsection (12) of section 553.865, Florida Statutes, are 158
amended to read: 159
553.865 Private spaces. — 160
(3) As used in this section, the term: 161
(c) "Covered entity" means any: 162
1. Correctional institution; 163
2. Detention facility; 164
3. Educational institution; 165
4. Maximum risk residential facility Juvenile correctional 166
facility or juvenile prison as described in s. 985.465, any 167
detention center or facility designated by the Department of 168
Juvenile Justice to provide secure detention as defined in s. 169
985.03(18)(a), and any facility used for a residential program 170
as described in s. 985.03(44) 985.03(44)(b), (c), or (d) ; or 171
5. Public building. 172
(j) "Public building" means a building comfort -conditioned 173
for occupancy which is owned or leased by the state, a state 174
agency, or a political subdivision. The term does not include a 175
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correctional institution, a detention facility, an educational 176
institution, a maximum risk residential facility juvenile 177
correctional facility or juvenile prison as described in s. 178
985.465, a detention center or facility designated by the 179
Department of Juvenile Justice to provide secure detention as 180
defined in s. 985.03(18)(a), or any facility used for a 181
residential program as described in s . 985.03(44) 985.03(44)(b), 182
(c), or (d). 183
(10)(a) Each maximum risk residential facility juvenile 184
correctional facility or juvenile prison as described in s. 185
985.465, each detention center or facility designated by the 186
Department of Juvenile Justice to pr ovide secure detention as 187
defined in s. 985.03(18)(a), and each facility used for a 188
residential program as described in s. 985.03(44) 985.03(44)(b), 189
(c), or (d) shall establish disciplinary procedures for any 190
juvenile as defined in s. 985.03(7) who willful ly enters, for a 191
purpose other than those listed in subsection (6), a restroom or 192
changing facility designated for the opposite sex in such 193
maximum risk residential facility juvenile correctional 194
facility, juvenile prison , secure detention center or facili ty, 195
or residential program facility and refuses to depart when asked 196
to do so by delinquency program staff, detention staff, or 197
residential program staff. 198
(12) A covered entity that is: 199
(f) A maximum risk residential facility juvenile 200
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correctional facility or juvenile prison as described in s. 201
985.465, a detention center or facility designated by the 202
Department of Juvenile Justice to provide secure detention as 203
defined in s. 985.03(18)(a), or a facility used for a 204
residential program as described in s. 985.03(44) 985.03(44)(b), 205
(c), or (d) shall submit documentation to the Department of 206
Juvenile Justice regarding compliance with subsections (4) and 207
(5), as applicable, within 1 year after being established or, if 208
such institution or facility was establish ed before July 1, 209
2023, no later than April 1, 2024. 210
Section 4. Paragraph (c) of subsection (4) of section 211
790.22, Florida Statutes, is amended to read: 212
790.22 Use of BB guns, air or gas -operated guns, or 213
electric weapons or devices by minor under 16; limitation; 214
possession of firearms by minor under 18 prohibited; penalties. — 215
(4) 216
(c) The juvenile justice circuit advisory boards or the 217
Department of Juvenile Justice shall establish appropriate 218
community service programs to be available to the alternative 219
sanctions coordinators of the circuit courts in implementing 220
this subsection. The boards or department shall propose the 221
implementation of a community service program in each circuit, 222
and may submit a cir cuit plan, to be implemented upon approval 223
of the circuit alternative sanctions coordinator. 224
Section 5. Subsection (4) of section 938.17, Florida 225
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Statutes, is amended to read: 226
938.17 County delinquency prevention; juvenile assessment 227
centers and school board suspension programs. — 228
(4) A sheriff's office that receives proceeds pursuant to 229
s. 939.185 shall account for all funds annually by August 1 in a 230
written report to the Department of Juvenile Justice juvenile 231
justice circuit advisory board if funds are used for assessment 232
centers, and to the district school board if funds are used for 233
suspension programs. 234
Section 6. Subsection (1) of section 943.0515, Florida 235
Statutes, is amended to read: 236
943.0515 Retention of criminal history records of mino rs.— 237
(1)(a) The Criminal Justice Information Program shall 238
retain the criminal history record of a minor who is classified 239
as a serious or habitual juvenile offender or committed to a 240
maximum risk residential facility juvenile correctional facility 241
or juvenile prison under chapter 985 for 5 years after the date 242
the offender reaches 21 years of age, at which time the record 243
shall be expunged unless it meets the criteria of paragraph 244
(2)(a) or paragraph (2)(b). 245
(b)1. If the minor is not classified as a se rious or 246
habitual juvenile offender or committed to a maximum risk 247
residential facility juvenile correctional facility or juvenile 248
prison under chapter 985, the program shall retain the minor's 249
criminal history record for 2 years after the date the minor 250
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reaches 19 years of age, at which time the record shall be 251
expunged unless it meets the criteria of paragraph (2)(a) or 252
paragraph (2)(b). 253
2. A minor described in subparagraph 1. may apply to the 254
department to have his or her criminal history record expun ged 255
before the minor reaches 21 years of age. To be eligible for 256
expunction under this subparagraph, the minor must be 18 years 257
of age or older and less than 21 years of age and have not been 258
charged by the state attorney with or found to have committed 259
any criminal offense within the 5 -year period before the 260
application date. The only offenses eligible to be expunged 261
under this subparagraph are those that the minor committed 262
before the minor reached 18 years of age. A criminal history 263
record expunged under this subparagraph requires the approval of 264
the state attorney for each circuit in which an offense 265
specified in the criminal history record occurred. A minor 266
seeking to expunge a criminal history record under this 267
subparagraph shall apply to the departmen t for expunction in the 268
manner prescribed by rule. An application for expunction under 269
this subparagraph shall include: 270
a. A processing fee of $75 to the department for placement 271
in the Department of Law Enforcement Operating Trust Fund, 272
unless such fee is waived by the executive director. 273
b. A full set of fingerprints of the applicant taken by a 274
law enforcement agency for purposes of identity verification. 275
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c. A sworn, written statement from the minor seeking 276
relief that he or she is no longer under c ourt supervision 277
applicable to the disposition of the arrest or alleged criminal 278
activity to which the application to expunge pertains and that 279
he or she has not been charged with or found to have committed a 280
criminal offense, in any jurisdiction of the st ate or within the 281
United States, within the 5 -year period before the application 282
date. A person who knowingly provides false information on the 283
sworn statement required by this sub -subparagraph commits a 284
misdemeanor of the first degree, punishable as provi ded in s. 285
775.082 or s. 775.083. 286
3. A minor who applies, but who is not approved for early 287
expunction in accordance with subparagraph 2., shall have his or 288
her criminal history record expunged at age 21 if eligible under 289
subparagraph 1. 290
Section 7. Subsection (2) of section 948.51, Florida 291
Statutes, is amended to read: 292
948.51 Community corrections assistance to counties or 293
county consortiums.— 294
(2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS. —A 295
county, or a consortium of two or more counties, may contract 296
with the Department of Corrections for community corrections 297
funds as provided in this section. In order to enter into a 298
community corrections partnership contract, a county or county 299
consortium must have a public safety coordinating council 300
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established under s. 951.26 and must designate a county officer 301
or agency to be responsible for administering community 302
corrections funds received from the state. The public safety 303
coordinating council shall prepare, develop, and implement a 304
comprehensive public safety plan for the county, or the 305
geographic area represented by the county consortium, and shall 306
submit an annual report to the Department of Corrections 307
concerning the status of the program. In preparing the 308
comprehensive public safety plan, the publ ic safety coordinating 309
council shall cooperate with the Department of Juvenile Justice 310
juvenile justice circuit advisory board established under s. 311
985.664 in order to include programs and services for juveniles 312
in the plan. To be eligible for community co rrections funds 313
under the contract, the initial public safety plan must be 314
approved by the governing board of the county, or the governing 315
board of each county within the consortium, and the Secretary of 316
Corrections based on the requirements of this sectio n. If one or 317
more other counties develop a unified public safety plan, the 318
public safety coordinating council shall submit a single 319
application to the department for funding. Continued contract 320
funding shall be pursuant to subsection (5). The plan for a 321
county or county consortium must cover at least a 5 -year period 322
and must include: 323
(a) A description of programs offered for the job 324
placement and treatment of offenders in the community. 325
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(b) A specification of community -based intermediate 326
sentencing options to be offered and the types and number of 327
offenders to be included in each program. 328
(c) Specific goals and objectives for reducing the 329
projected percentage of commitments to the state prison system 330
of persons with low total sentencing scores pursuant to the 331
Criminal Punishment Code. 332
(d) Specific evidence of the population status of all 333
programs which are part of the plan, which evidence establishes 334
that such programs do not include offenders who otherwise would 335
have been on a less intensive form of community supervision. 336
(e) The assessment of population status by the public 337
safety coordinating council of all correctional facilities owned 338
or contracted for by the county or by each county within the 339
consortium. 340
(f) The assessment of bed space that is available for 341
substance abuse intervention and treatment programs and the 342
assessment of offenders in need of treatment who are committed 343
to each correctional facility owned or contracted for by the 344
county or by each county within the consortium. 345
(g) A description of program costs and sources of funds 346
for each community corrections program, including community 347
corrections funds, loans, state assistance, and other financial 348
assistance. 349
Section 8. Paragraph (h) of subsection (1) and subsection 350
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(7) of section 985.02, Florida Statutes, are amended to read: 351
985.02 Legislative intent for the juvenile justice 352
system.— 353
(1) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 354
the Legislature that the children of this state be provided with 355
the following protections: 356
(h) Sex-specific Gender-specific programming and sex-357
specific gender-specific program models and services that 358
comprehensively address the needs of either sex a targeted 359
gender group. 360
(7) SEX-SPECIFIC GENDER-SPECIFIC PROGRAMMING.— 361
(a) The Legislature finds that the needs of children 362
served by the juvenile justice system are sex-specific gender-363
specific. A sex-specific gender-specific approach is one in 364
which programs, services, and treatments comprehensively address 365
the unique developmental needs of either sex a targeted gender 366
group under the care of the department. Young women and men have 367
different pathways to delinquency, display different patterns of 368
offending, and respond differently to interventions, treatment, 369
and services. 370
(b) Sex-specific Gender-specific interventions focus on 371
the differences between young females' and young males' social 372
roles and responsibilities, access to and use of resources, 373
history of trauma, and reasons for interaction with the juvenile 374
justice system. Sex-specific Gender-specific programs increase 375
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the effectiveness of programs by making interventions more 376
appropriate to the specific needs of young women and men and 377
ensuring that these programs do not unknowingly create, 378
maintain, or reinforce sex gender roles or relations that may be 379
damaging. 380
Section 9. Subsections (46) through (54) of section 381
985.03, Florida Statutes, are renumbered as subsections (47) 382
through (55), respectively, subsections (14) and (44) and 383
present subsection (50) are amend ed, and a new subsection (46) 384
is added to that section, to read: 385
985.03 Definitions. —As used in this chapter, the term: 386
(14) "Day treatment" means a nonresidential, community -387
based program designed to provide therapeutic intervention to 388
youth who are served by the department or, placed on probation 389
or conditional release , or committed to the minimum -risk 390
nonresidential level . A day treatment program may provide 391
educational and career and technical education services and 392
shall provide case management ser vices; individual, group, and 393
family counseling; training designed to address delinquency risk 394
factors; and monitoring of a youth's compliance with, and 395
facilitation of a youth's completion of, sanctions if ordered by 396
the court. Program types may include, but are not limited to, 397
career programs, marine programs, juvenile justice alternative 398
schools, training and rehabilitation programs, and sex-specific 399
gender-specific programs. 400
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(44) "Restrictiveness level" means the level of 401
programming and security prov ided by programs that service the 402
supervision, custody, care, and treatment needs of committed 403
children. Sections 985.601(10) and 985.721 apply to children 404
placed in programs at any residential commitment level. The 405
restrictiveness levels of commitment are as follows: 406
(a) Minimum-risk nonresidential. —Programs or program 407
models at this commitment level work with youth who remain in 408
the community and participate at least 5 days per week in a day 409
treatment program. Youth assessed and classified for programs at 410
this commitment level represent a minimum risk to themselves and 411
public safety and do not require placement and services in 412
residential settings. Youth in this level have full access to, 413
and reside in, the community. Youth who have been found to have 414
committed delinquent acts that involve firearms, that are sexual 415
offenses, or that would be life felonies or first degree 416
felonies if committed by an adult may not be committed to a 417
program at this level. 418
(a)(b) Moderate-risk Nonsecure residential.—Programs or 419
program models at this commitment level are residential but may 420
allow youth to have supervised access to the community. 421
Facilities at this commitment level are either environmentally 422
secure, staff secure, or are hardware -secure with walls, 423
fencing, or locking doors. Residential facilities at this 424
commitment level shall have no more than 90 beds each, including 425
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campus-style programs, unless those campus -style programs 426
include more than one treatment program using different 427
treatment protocols, and have facilities that coexist separately 428
in distinct locations on the same property. Facilities at this 429
commitment level shall provide 24 -hour awake supervision, 430
custody, care, and treatment of residents. Youth assessed and 431
classified for placement in programs a t this commitment level 432
represent a low or moderate risk to public safety and require 433
close supervision. The staff at a facility at this commitment 434
level may seclude a child who is a physical threat to himself or 435
herself or others. Mechanical restraint may also be used when 436
necessary. 437
(b)(c) High-risk residential.—Programs or program models 438
at this commitment level are residential and do not allow youth 439
to have access to the community, except that temporary release 440
providing community access for up to 72 continuous hours may be 441
approved by a court for a youth who has made successful progress 442
in his or her program in order for the youth to attend a family 443
emergency or, during the final 60 days of his or her placement, 444
to visit his or her home, enroll in sch ool or a career and 445
technical education program, complete a job interview, or 446
participate in a community service project. High -risk 447
residential facilities are hardware -secure with perimeter 448
fencing and locking doors. Residential facilities at this 449
commitment level shall have no more than 90 beds each, including 450
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campus-style programs, unless those campus -style programs 451
include more than one treatment program using different 452
treatment protocols, and have facilities that coexist separately 453
in distinct location s on the same property. Facilities at this 454
commitment level shall provide 24 -hour awake supervision, 455
custody, care, and treatment of residents. Youth assessed and 456
classified for this level of placement require close supervision 457
in a structured residential setting. Placement in programs at 458
this level is prompted by a concern for public safety that 459
outweighs placement in programs at lower commitment levels. The 460
staff at a facility at this commitment level may seclude a child 461
who is a physical threat to himsel f or herself or others. 462
Mechanical restraint may also be used when necessary. The 463
facility may provide for single cell occupancy, except that 464
youth may be housed together during prerelease transition. 465
(c)(d) Maximum-risk residential.—Programs or program 466
models at this commitment level include juvenile correctional 467
facilities and juvenile prisons. The programs at this commitment 468
level are long-term residential and do not allow youth to have 469
access to the community. Facilities at this commitment level are 470
maximum-custody, hardware-secure with perimeter security fencing 471
and locking doors. Residential facilities at this commitment 472
level shall have no more than 90 beds each, including campus -473
style programs, unless those campus -style programs include more 474
than one treatment program using different treatment protocols, 475
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and have facilities that coexist separately in distinct 476
locations on the same property. Facilities at this commitment 477
level shall provide 24 -hour awake supervision, custody, care, 478
and treatment of residents. The staff at a facility at this 479
commitment level may seclude a child who is a physical threat to 480
himself or herself or others. Mechanical restraint may also be 481
used when necessary. Facilities at this commitment level shall 482
provide for single cell occupancy, except that youth may be 483
housed together during prerelease transition. Youth assessed and 484
classified for this level of placement require close supervision 485
in a maximum security residential setting. Placement in a 486
program at this level is prompt ed by a demonstrated need to 487
protect the public. 488
(46) "Sex" has the same meaning as provided in s. 489
553.865(3). 490
(51)(50) "Temporary release" means the terms and 491
conditions under which a child is temporarily released from a 492
residential commitment facilit y or allowed home visits. If the 493
temporary release is from a moderate-risk nonsecure residential 494
facility, a high-risk residential facility, or a maximum -risk 495
residential facility, the terms and conditions of the temporary 496
release must be approved by the child, the court, and the 497
facility. 498
Section 10. Paragraph (a) of subsection (1) of section 499
985.039, Florida Statutes, is amended to read: 500
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985.039 Cost of supervision; cost of care. — 501
(1) Except as provided in subsecti on (3) or subsection 502
(4): 503
(a) When any child is placed into supervised release 504
detention, probation, or other supervision status with the 505
department, or is committed to the minimum -risk nonresidential 506
restrictiveness level , the court shall order the pare nt of such 507
child to pay to the department a fee for the cost of the 508
supervision of such child in the amount of $1 per day for each 509
day that the child is in such status. 510
Section 11. Paragraph (f) of subsection (2) of section 511
985.115, Florida Statutes, i s amended to read: 512
985.115 Release or delivery from custody. — 513
(2) Unless otherwise ordered by the court under s. 985.255 514
or s. 985.26, and unless there is a need to hold the child, a 515
person taking a child into custody shall attempt to release the 516
child as follows: 517
(f) If available, to a juvenile assessment center equipped 518
and staffed to assume custody of the child for the purpose of 519
assessing the needs of the child in custody. The center may then 520
release or deliver the child under this section with a copy of 521
the assessment. A juvenile assessment center may not be 522
considered a facility that can receive a child under paragraph 523
(c), paragraph (d), or paragraph (e). 524
Section 12. Paragraphs (a) and (b) of subsection (3) and 525
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subsection (4) of section 985. 126, Florida Statutes, are amended 526
to read: 527
985.126 Diversion programs; data collection; denial of 528
participation or expunged record. — 529
(3)(a) Beginning October 1, 2018, Each diversion program 530
shall submit data to the department which identifies for each 531
minor participating in the diversion program: 532
1. The race, ethnicity, sex gender, and age of that minor. 533
2. The offense committed, including the specific law 534
establishing the offense. 535
3. The judicial circuit and county in which the offense 536
was committed and the law enforcement agency that had contact 537
with the minor for the offense. 538
4. Other demographic information necessary to properly 539
register a case into the Juvenile Justice Information System 540
Prevention Web, as specified by the department. 541
(b) Beginning October 1, 2018, Each law enforcement agency 542
shall submit to the department data that identifies for each 543
minor who was eligible for a diversion program, but was instead 544
referred to the department, provided a notice to appear, or 545
arrested: 546
1. The data required pursuant to paragraph (a). 547
2. Whether the minor was offered the opportunity to 548
participate in a diversion program. If the minor was: 549
a. Not offered such opportunity, the reason such offer was 550
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not made. 551
b. Offered such opportunit y, whether the minor or his or 552
her parent or legal guardian declined to participate in the 553
diversion program. 554
(4) Beginning January 1, 2019, The department shall 555
compile and semiannually publish the data required by subsection 556
(3) on the department's web site in a format that is, at a 557
minimum, sortable by judicial circuit, county, law enforcement 558
agency, race, ethnicity, sex gender, age, and offense committed. 559
Section 13. Paragraph (a) of subsection (3) of section 560
985.17, Florida Statutes, is amended t o read: 561
985.17 Prevention services. — 562
(3) The department's prevention services for youth at risk 563
of becoming delinquent should: 564
(a) Focus on preventing initial or further involvement of 565
such youth in the juvenile justice system by including services 566
such as literacy services, sex-specific gender-specific 567
programming, recreational services, and after -school services, 568
and should include targeted services to troubled, truant, 569
ungovernable, abused, trafficked, or runaway youth. To decrease 570
the likelihood that a youth will commit a delinquent act, the 571
department should use mentoring and may provide specialized 572
services addressing the strengthening of families, job training, 573
and substance abuse. 574
Section 14. Paragraph (a) of subsection (2) of section 575
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985.26, Florida Statutes, is amended to read: 576
985.26 Length of detention. — 577
(2)(a)1. A court may order a child to be placed on 578
supervised release detention care for any time period until an 579
adjudicatory hearing is completed. However, if a child has 580
served 60 days on supervised release detention care, the court 581
must conduct a hearing within 15 days after the 60th day, to 582
determine the need for continued supervised release detention 583
care. At the hearing, and upon good cause being shown that the 584
nature of the charge requires additional time for the 585
prosecution or defense of the case or that the totality of the 586
circumstances, including the preservation of public safety, 587
warrants an extension, the court may order the child to remain 588
on supervised release detention care until the adjudicatory 589
hearing is completed. 590
2. Except as provided in paragraph (b) or paragraph (c), a 591
child may not be held in secure detention care under a special 592
detention order for more than 21 days unless an adjudicatory 593
hearing for the case has been commenced in good faith by the 594
court. 595
3. This section does not prohibit a court from 596
transitioning a child to and from secure detention care and 597
supervised release detention care, including electronic 598
monitoring, when the court finds such a plac ement necessary, or 599
no longer necessary, to preserve public safety or to ensure the 600
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child's safety, appearance in court, or compliance with a court 601
order. Such transition may be initiated upon the court's own 602
motion, or upon motion of the child or of the s tate, and after 603
considering any information provided by the department regarding 604
the child's adjustment to detention supervision. Each period of 605
secure detention care or supervised release detention care 606
counts toward the time limitations in this subsectio n whether 607
served consecutively or nonconsecutively. 608
Section 15. Section 985.27, Florida Statutes, is amended 609
to read: 610
985.27 Postdisposition detention while awaiting 611
residential commitment placement. —The court must place all 612
children who are adjudica ted and awaiting placement in a 613
moderate-risk nonsecure, high-risk, or maximum-risk residential 614
commitment program in secure detention care until the placement 615
or commitment is accomplished. 616
Section 16. Subsection (2) of section 985.441, Florida 617
Statutes, is amended to read: 618
985.441 Commitment. — 619
(2) Notwithstanding subsection (1), the court having 620
jurisdiction over an adjudicated delinquent child whose offense 621
is a misdemeanor, or a child who is currently on probation for a 622
misdemeanor, may not comm it the child for any misdemeanor 623
offense or any probation violation that is technical in nature 624
and not a new violation of law at a restrictiveness level other 625
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than minimum-risk nonresidential. However, the court may commit 626
such child to a moderate-risk nonsecure residential placement 627
if: 628
(a) The child has previously been adjudicated or had 629
adjudication withheld for a felony offense; 630
(b) The child has previously been adjudicated or had 631
adjudication withheld for three or more misdemeanor offenses 632
within the previous 18 months; 633
(c) The child is before the court for disposition for a 634
violation of s. 800.03, s. 806.031, or s. 828.12; or 635
(d) The court finds by a preponderance of the evidence 636
that the protection of the public requires such placement or 637
that the particular needs of the child would be best served by 638
such placement. Such finding must be in writing. 639
Section 17. Subsection (3) of section 985.455, Florida 640
Statutes, is amended to read: 641
985.455 Other dispositional issues. — 642
(3) Any commitment of a delinquent child to the department 643
must be for an indeterminate period of time, which may include 644
periods of temporary release; however, the period of time may 645
not exceed the maximum term of imprisonment that an adult may 646
serve for the same offense , except that the duration of a 647
minimum-risk nonresidential commitment for an offense that is a 648
misdemeanor of the second degree, or is equivalent to a 649
misdemeanor of the second degree, may be for a period not to 650
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exceed 6 months. The duration of the child's placement in a 651
commitment program of any restrictiveness level shall be based 652
on objective performance -based treatment planning. The child's 653
treatment plan progress and adjustment -related issues shall be 654
reported to the court quarterly, unless the court r equests 655
monthly reports. If the child is under the jurisdiction of a 656
dependency court, the court may receive and consider any 657
information provided by the Guardian Ad Litem Program or the 658
child's attorney ad litem, if appointed. The child's length of 659
stay in a commitment program may be extended if the child fails 660
to comply with or participate in treatment activities. The 661
child's length of stay in the program shall not be extended for 662
purposes of sanction or punishment. Any temporary release from 663
such program must be approved by the court. Any child so 664
committed may be discharged from institutional confinement or a 665
program upon the direction of the department with the 666
concurrence of the court. The child's treatment plan progress 667
and adjustment-related issues must be communicated to the court 668
at the time the department requests the court to consider 669
releasing the child from the commitment program. The department 670
shall give the court that committed the child to the department 671
reasonable notice, in writing, of its desire to discharge the 672
child from a commitment facility. The court that committed the 673
child may thereafter accept or reject the request. If the court 674
does not respond within 10 days after receipt of the notice, the 675
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request of the department shall be deem ed granted. This section 676
does not limit the department's authority to revoke a child's 677
temporary release status and return the child to a commitment 678
facility for any violation of the terms and conditions of the 679
temporary release. 680
Section 18. Section 98 5.465, Florida Statutes, is amended 681
to read: 682
985.465 Maximum-risk residential facilities Juvenile 683
correctional facilities or juvenile prison .—A maximum risk 684
residential facility juvenile correctional facility or juvenile 685
prison is a physically secure res idential commitment program 686
with a designated length of stay from 18 months to 36 months, 687
primarily serving children 13 years of age to 19 years of age or 688
until the jurisdiction of the court expires. Each child 689
committed to this level must meet one of the following criteria: 690
(1) The child is at least 13 years of age at the time of 691
the disposition for the current offense and has been adjudicated 692
on the current offense for: 693
(a) Arson; 694
(b) Sexual battery; 695
(c) Robbery; 696
(d) Kidnapping; 697
(e) Aggravated child abuse; 698
(f) Aggravated assault; 699
(g) Aggravated stalking; 700
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(h) Murder; 701
(i) Manslaughter; 702
(j) Unlawful throwing, placing, or discharging of a 703
destructive device or bomb; 704
(k) Armed burglary; 705
(l) Aggravated battery; 706
(m) Carjacking; 707
(n) Home-invasion robbery; 708
(o) Burglary with an assault or battery; 709
(p) Any lewd or lascivious offense committed upon or in 710
the presence of a person less than 16 years of age; or 711
(q) Carrying, displaying, using, threatening to use, or 712
attempting to use a weapon or firearm during the commission of a 713
felony. 714
(2) The child is at least 13 years of age at the time of 715
the disposition, the current offense is a felony, and the child 716
has previously been committed three or more times to a 717
delinquency commitment pr ogram. 718
(3) The child is at least 13 years of age and is currently 719
committed for a felony offense and transferred from a moderate -720
risk or high-risk residential commitment placement. 721
(4) The child is at least 13 years of age at the time of 722
the disposition for the current offense, the child is eligible 723
for prosecution as an adult for the current offense, and the 724
current offense is ranked at level 7 or higher on the Criminal 725
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Punishment Code offense severity ranking chart pursuant to s. 726
921.0022. 727
Section 19. Paragraph (a) of subsection (3) of section 728
985.601, Florida Statutes, is amended, and subsection (12) is 729
added to that section, to read: 730
985.601 Administering the juvenile justice continuum. — 731
(3)(a) The department shall develop or contract for 732
diversified and innovative programs to provide rehabilitative 733
treatment, including early intervention and prevention, 734
diversion, comprehensive intake, case management, diagnostic and 735
classification assessments, trauma -informed care, individual and 736
family counseling, family engagement resources and programs, 737
sex-specific gender-specific programming, shelter care, 738
diversified detention care emphasizing alternatives to secure 739
detention, diversified probation, halfway houses, foster homes, 740
community-based substance abuse treatment services, community -741
based mental health treatment services, community -based 742
residential and nonresidential programs, mother -infant programs, 743
and environmental programs. The department may pay expenses in 744
support of innovative programs and activities that address 745
identified needs and the well -being of children in the 746
department's care or under its supervision, subject to the 747
requirements of chapters 215, 216, and 287. Each program shall 748
place particular emphasis on reintegration and conditi onal 749
release for all children in the program. 750
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(12) The department may use state or federal funds to 751
purchase and distribute promotional and educational materials 752
that are consistent with the dignity and integrity of the state 753
for all of the following pur poses: 754
(a) Educating children and families about the juvenile 755
justice continuum, including local prevention programs or 756
community services available for participation or enrollment. 757
(b) Staff recruitment at job fairs, career fairs, 758
community events, th e Institute for Commercialization of Florida 759
Technology, community college campuses, or state university 760
campuses. 761
(c) Educating children and families on children -specific 762
public safety issues, including, but not limited to, safe 763
storage of adult-owned firearms, consequences of child firearm 764
offenses, human trafficking, or drug and alcohol abuse. 765
Section 20. Paragraph (b) of subsection (4) of section 766
985.619, Florida Statutes, is amended to read: 767
985.619 Florida Scholars Academy. — 768
(4) GOVERNING BODY; POWERS AND DUTIES. — 769
(b) The board of trustees shall have the following powers 770
and duties: 771
1. Meet at least 4 times each year, upon the call of the 772
chair, or at the request of a majority of the membership. 773
2. Be responsible for the Florida Schol ars Academy's 774
development of an education delivery system that is cost -775
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effective, high-quality, educationally sound, and capable of 776
sustaining an effective delivery system. 777
3.a. Identify appropriate performance measures and 778
standards based on student ach ievement which reflect the 779
school's statutory mission and priorities, and implement an 780
accountability system approved by the State Board of Education 781
for the school by the 2024 -2025 school year which includes an 782
assessment of its effectiveness and efficien cy in providing 783
quality services that encourage high student achievement, 784
seamless articulation, and maximum access to career 785
opportunities. 786
b. For the 2024-2025 school year, the results of the 787
accountability system must serve as an informative baseline for 788
the academy as it works to improve performance in future years. 789
4. Administer and maintain the educational programs of the 790
Florida Scholars Academy in accordance with law and department 791
rules, in consultation with the State Board of Education. 792
5. With the approval of the secretary of the department or 793
his or her designee, determine the compensation, including 794
salaries and fringe benefits, and other conditions of employment 795
for such personnel, in alignment with the Florida Scholars 796
Academy's provider contracts. 797
6. The employment of all Florida Scholars Academy 798
administrative and instructional personnel are subject to 799
rejection for cause by the secretary of the department or his or 800
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her designee and are subject to policies established by the 801
board of trustees. 802
7. Provide for the content and custody of student records 803
in compliance with s. 1002.22. 804
8. Maintain the financial records and accounts of the 805
Florida Scholars Academy in compliance with rules adopted by the 806
State Board of Education for the u niform system of financial 807
records and accounts for the schools of this state. 808
9. Is a body corporate with all the powers of a body 809
corporate and may exercise such authority as is needed for the 810
proper operation and improvement of the Florida Scholars 811
Academy. The board of trustees is specifically authorized to 812
adopt rules, policies, and procedures, consistent with law and 813
State Board of Education rules related to governance, personnel, 814
budget and finance, administration, programs, curriculum and 815
instruction, travel and purchasing, technology, students, 816
contracts and grants, and property as necessary for optimal, 817
efficient operation of the Florida Scholars Academy. 818
10. Notwithstanding any rule to the contrary, review and 819
approve an annual academic calend ar to provide educational 820
services to youth for a school year composed of 250 days or 821
1,250 hours of instruction for students enrolled in a 822
traditional K-12 education pathway, distributed over 12 months. 823
The board of trustees may decrease the minimum numbe r of days 824
for instruction by up to 20 days or 100 hours for teacher 825
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planning. 826
Section 21. Section 985.664, Florida Statutes, is amended 827
to read: 828
985.664 Juvenile justice circuit advisory boards. — 829
(1) Each circuit shall have a juvenile justice circuit 830
advisory board. The board shall work with the chief probation 831
officer of the circuit to use data to inform policy and practice 832
which improves the juvenile justice continuum. 833
(1) There is authorized a juvenile justice circuit 834
advisory board to be established in each of the 20 judicial 835
circuits. Except in single -county circuits, each juvenile 836
justice circuit advisory board shall have a county organization 837
representing each of the counties in the circui t. The county 838
organization shall report directly to the juvenile justice 839
circuit advisory board on the juvenile justice needs of the 840
county. The purpose of each juvenile justice circuit advisory 841
board is to provide advice and direction to the department in 842
the development and implementation of juvenile justice programs 843
and to work collaboratively with the department in seeking 844
program improvements and policy changes to address the emerging 845
and changing needs of Florida's youth who are at risk of 846
delinquency. 847
(2) The duties and responsibilities of a juvenile justice 848
circuit advisory board include, but are not limited to: 849
(a) Developing a comprehensive plan for the circuit. The 850
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initial circuit plan shall be submitted to the department no 851
later than December 31, 2014, and no later than June 30 every 3 852
years thereafter. The department shall prescribe a format and 853
content requirements for the submission of the comprehensive 854
plan. 855
(b) Participating in the facilitation of interagency 856
cooperation and informatio n sharing. 857
(c) Providing recommendations for public or private grants 858
to be administered by one of the community partners that support 859
one or more components of the comprehensive circuit plan. 860
(d) Providing recommendations to the department in the 861
evaluation of prevention and early intervention grant programs, 862
including the Community Juvenile Justice Partnership Grant 863
program established in s. 985.676 and proceeds from the Invest 864
in Children license plate annual use fees. 865
(e) Providing an annual repor t to the department 866
describing the board's activities. The department shall 867
prescribe a format and content requirements for submission of 868
annual reports. The annual report must be submitted to the 869
department no later than August 1 of each year. 870
(2)(3) Each juvenile justice circuit advisory board shall 871
have a minimum of 14 16 members. The membership of each board 872
must reflect: 873
(a) The circuit's geography and population distribution. 874
(b) Diversity in the judicial circuit. 875
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(3)(4) Each member of the juv enile justice circuit 876
advisory board must be approved by the chief probation officer 877
of the circuit Secretary of Juvenile Justice , except those 878
members listed in paragraphs (a), (b), (c), (e), (f), (g), and 879
(h). Each The juvenile justice circuit advisory board boards 880
established under subsection (1) must include as members: 881
(a) The state attorney or his or her designee. 882
(b) The public defender or his or her designee. 883
(c) The chief judge or his or her designee. 884
(d) A representative of the corresponding circuit or 885
regional entity of the Department of Children and Families. 886
(e) The sheriff or the sheriff's designee from each county 887
in the circuit. 888
(f) A police chief or his or her designee from each county 889
in the circuit. 890
(g) A county commissioner or his or her designee from each 891
county in the circuit. 892
(h) The superintendent of each school district in the 893
circuit or his or her designee. 894
(i) A representative from the workforce organization of 895
each county in the circuit. 896
(j) A representative of the business community. 897
(k) A youth representative who has had an experience with 898
the juvenile justice system and is not older than 21 years of 899
age. 900
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(l) A representative of the faith community. 901
(m) A health services representative who specializes in 902
mental health care, victim -service programs, or victims of 903
crimes. 904
(n) A parent or family member of a youth who has been 905
involved with the juvenile justice system. 906
(o) Up to three five representatives from the community. 907
any of the following who are not otherwise represented in this 908
subsection: 909
1. Community leaders. 910
2. Youth-serving coalitions. 911
(4) The chief probation officer in each circuit shall 912
serve as the chair of the juvenile justice circuit advisory 913
board for that circuit. 914
(5) When a vacancy in the office of the chair occurs, the 915
juvenile justice circuit advisory board shall appoint a new 916
chair, who must meet the board membership requirements in 917
subsection (4). The chair shall appoint members to vaca nt seats 918
within 45 days after the vacancy and submit the appointments to 919
the department for approval. The chair shall serve at the 920
pleasure of the Secretary of Juvenile Justice . 921
(6) A member may not serve more than three consecutive 2 -922
year terms, except those members listed in paragraphs (4)(a), 923
(b), (c), (e), (f), (g), and (h). A former member who has not 924
served on the juvenile justice circuit advisory board for 2 925
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years is eligible to serve on the juvenile justice circuit 926
advisory board again. 927
(7) At least half of the voting members of the juvenile 928
justice circuit advisory board constitutes a quorum. A quorum 929
must be present in order for the board to vote on a measure or 930
position. 931
(8) In order for a juvenile justice circuit advisory board 932
measure or position to pass, it must receive more than 50 933
percent of the vote. 934
(9) Each juvenile justice circuit advisory board must 935
provide for the establishment of an executive committee of not 936
more than 10 members. The duties and authority of the executive 937
committee must be addressed in the bylaws. 938
(10) Each juvenile justice circuit advisory board shall 939
have bylaws. The department shall prescribe a format and content 940
requirements for the bylaws. All bylaws must be approved by the 941
department. The bylaws shall add ress at least the following 942
issues: election or appointment of officers; filling of vacant 943
positions; meeting attendance requirements; and the 944
establishment and duties of an executive committee. 945
(11) Members of juvenile justice circuit advisory boards 946
are subject to part III of chapter 112. 947
Section 22. Paragraph (a) of subsection (1) of section 948
985.668, Florida Statutes, is amended to read: 949
985.668 Innovation zones. —The department shall encourage 950
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each of the juvenile justice circuit boards to propos e at least 951
one innovation zone within the circuit for the purpose of 952
implementing any experimental, pilot, or demonstration project 953
that furthers the legislatively established goals of the 954
department. An innovation zone is a defined geographic area such 955
as a circuit, commitment region, county, municipality, service 956
delivery area, school campus, or neighborhood providing a 957
laboratory for the research, development, and testing of the 958
applicability and efficacy of model programs, policy options, 959
and new technologies for the department. 960
(1)(a) The chief probation officer in each circuit 961
juvenile justice circuit board shall submit a proposal for an 962
innovation zone to the secretary. If the purpose of the proposed 963
innovation zone is to demonstrate that specific s tatutory goals 964
can be achieved more effectively by using procedures that 965
require modification of existing rules, policies, or procedures, 966
the proposal may request the secretary to waive such existing 967
rules, policies, or procedures or to otherwise authorize use of 968
alternative procedures or practices. Waivers of such existing 969
rules, policies, or procedures must comply with applicable state 970
or federal law. 971
Section 23. Subsections (1) and (2) of section 985.676, 972
Florida Statutes, are amended to read: 973
985.676 Community juvenile justice partnership grants. — 974
(1) GRANTS; CRITERIA. — 975
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(a) In order to encourage the development of a circuit 976
juvenile justice plan and the development and implementation of 977
circuit interagency agreements under s. 985.664 , the community 978
juvenile justice partnership grant program is established and 979
shall be administered by the department. 980
(b) In awarding these grants, the department shall 981
consider applications that at a minimum provide for the 982
following: 983
1. The participation of the agencies and programs needed 984
to implement the project or program for which the applicant is 985
applying; 986
2. The reduction of truancy and in -school and out-of-987
school suspensions and expulsions, the enhancement of school 988
safety, and other delinqu ency early-intervention and diversion 989
services; 990
3. The number of youths from 10 through 17 years of age 991
within the geographic area to be served by the program, giving 992
those geographic areas having the highest number of youths from 993
10 to 17 years of age p riority for selection; 994
4. The extent to which the program targets high -juvenile-995
crime neighborhoods and those public schools serving juveniles 996
from high-crime neighborhoods; 997
5. The validity and cost -effectiveness of the program; and 998
6. The degree to which the program is located in and 999
managed by local leaders of the target neighborhoods and public 1000
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schools serving the target neighborhoods. 1001
(c) In addition, the department may consider the following 1002
criteria in awarding grants: 1003
1. The circuit juvenil e justice plan and any county 1004
juvenile justice plans that are referred to or incorporated into 1005
the circuit plan, including a list of individuals, groups, and 1006
public and private entities that participated in the development 1007
of the plan. 1008
2. The diversity of community entities participating in 1009
the development of the circuit juvenile justice plan. 1010
3. The number of community partners who will be actively 1011
involved in the operation of the grant program. 1012
4. The number of students or youths to be served by the 1013
grant and the criteria by which they will be selected. 1014
5. The criteria by which the grant program will be 1015
evaluated and, if deemed successful, the feasibility of 1016
implementation in other communities. 1017
(2) GRANT APPLICATION PROCEDURES. — 1018
(a) Each entity wishing to apply for an annual community 1019
juvenile justice partnership grant, which may be renewed for a 1020
maximum of 2 additional years for the same provision of 1021
services, shall submit a grant proposal for funding or continued 1022
funding to the department. The department shall establish the 1023
grant application procedures. In order to be considered for 1024
funding, the grant proposal shall include the following 1025
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assurances and information: 1026
1. A letter from the chair of the juvenile justice circuit 1027
board confirming that the grant application has been reviewed 1028
and found to support one or more purposes or goals of the 1029
juvenile justice plan as developed by the board. 1030
1.2. A rationale and description of the program and the 1031
services to be provided, including goals and obj ectives. 1032
2.3. A method for identification of the juveniles most 1033
likely to be involved in the juvenile justice system who will be 1034
the focus of the program. 1035
3.4. Provisions for the participation of parents and 1036
guardians in the program. 1037
4.5. Coordination with other community -based and social 1038
service prevention efforts, including, but not limited to, drug 1039
and alcohol abuse prevention and dropout prevention programs, 1040
that serve the target population or neighborhood. 1041
5.6. An evaluation compon ent to measure the effectiveness 1042
of the program in accordance with s. 985.632. 1043
6.7. A program budget, including the amount and sources of 1044
local cash and in-kind resources committed to the budget. The 1045
proposal must establish to the satisfaction of the dep artment 1046
that the entity will make a cash or in -kind contribution to the 1047
program of a value that is at least equal to 20 percent of the 1048
amount of the grant. 1049
7.8. The necessary program staff. 1050
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(b) The department shall consider the recommendations of 1051
community stakeholders the juvenile justice circuit advisory 1052
board as to the priority that should be given to proposals 1053
submitted by entities within a circuit in awarding such grants. 1054
(c) The department shall make available, to anyone wishing 1055
to apply for such a grant, information on all of the criteria to 1056
be used in the selection of the proposals for funding pursuant 1057
to the provisions of this subsection. 1058
(d) The department shall review all program proposals 1059
submitted. Entities submitting proposals shall be notified of 1060
approval not later than June 30 of each year. 1061
(e) Each entity that is awarded a grant as provided for in 1062
this section shall submit an annual evaluation report to the 1063
department and, the circuit juvenile justice manager, and the 1064
juvenile justice circuit advisory board, by a date subsequent to 1065
the end of the contract period established by the department, 1066
documenting the extent to which the program objectives have been 1067
met, the effect of the program on the juvenile arrest rate, and 1068
any other information required by the department. The department 1069
shall coordinate and incorporate all such annual evaluation 1070
reports with s. 985.632. Each entity is also subject to a 1071
financial audit and a performance audit. 1072
(f) The department may establish rules and policy 1073
provisions necessary to implement this section. 1074
Section 24. Paragraph (c) of subsection (18) of section 1075
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1001.42, Florida Statutes, is amended to read: 1076
1001.42 Powers and duties of district school boa rd.—The 1077
district school board, acting as a board, shall exercise all 1078
powers and perform all duties listed below: 1079
(18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. —1080
Maintain a system of school improvement and education 1081
accountability as provided by sta tute and State Board of 1082
Education rule. This system of school improvement and education 1083
accountability shall be consistent with, and implemented 1084
through, the district's continuing system of planning and 1085
budgeting required by this section and ss. 1008.385, 1010.01, 1086
and 1011.01. This system of school improvement and education 1087
accountability shall comply with the provisions of ss. 1008.33, 1088
1008.34, 1008.345, and 1008.385 and include the following: 1089
(c) Public disclosure.—The district school board shall 1090
provide information regarding the performance of students and 1091
educational programs as required pursuant to ss. 1008.22 and 1092
1008.385 and implement a system of school reports as required by 1093
statute and State Board of Education rule which shall include 1094
schools operating for the purpose of providing educational 1095
services to students in Department of Juvenile Justice programs , 1096
and for those schools, report on the elements specified in s. 1097
1003.52(17). Annual public disclosure reports shall be in an 1098
easy-to-read report card format and shall include the school's 1099
grade, high school graduation rate calculated without high 1100
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school equivalency examinations, disaggregated by student 1101
ethnicity, and performance data as specified in state board 1102
rule. 1103
Section 25. Paragraph (a) o f subsection (14) of section 1104
1003.01, Florida Statutes, is amended to read: 1105
1003.01 Definitions. —As used in this chapter, the term: 1106
(14)(a) "Juvenile justice education programs or schools" 1107
means programs or schools operating for the purpose of providin g 1108
educational services to youth in Department of Juvenile Justice 1109
programs, for a school year composed of 250 days of instruction, 1110
or the equivalent expressed in hours as specified in State Board 1111
of Education rule, distributed over 12 months. If the period of 1112
operation is expressed in hours, the State Board of Education 1113
must review the calculation annually. The use of the equivalent 1114
expressed in hours is only applicable to nonresidential 1115
programs. At the request of the provider, A district school 1116
board, including an educational entity under s. 985.619, may 1117
decrease the minimum number of days of instruction by up to 10 1118
days for teacher planning for residential programs and up to 20 1119
days or equivalent hours as specified in the State Board of 1120
Education rule for teacher planning for nonresidential programs , 1121
subject to the approval of the Department of Juvenile Justice 1122
and the Department of Education. 1123
Section 26. Subsections (2) through (5) of section 1124
1003.51, Florida Statutes, are amended to read: 1125
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1003.51 Other public educational services. — 1126
(2) The State Board of Education shall adopt rules 1127
articulating expectations for effective education programs for 1128
students in Department of Juvenile Justice programs, including, 1129
but not limited to, education programs in juvenile justice 1130
prevention, day treatment, residential, and detention programs. 1131
The rules rule shall establish policies and standards for 1132
education programs for students in Department of Juvenile 1133
Justice programs and shall include the following: 1134
(a) The interagency collaborative process needed to ensure 1135
effective programs with measurable results. 1136
(b) The responsibilities of the Department of Education, 1137
the Department of Juvenile Justice, CareerSource Florida, Inc., 1138
district school boards, and provider s of education services to 1139
students in Department of Juvenile Justice programs. 1140
(c) Academic expectations. 1141
(d) Career expectations. 1142
(e) Education transition planning and services. 1143
(f) Service delivery options available to district school 1144
boards, including direct service and contracting. 1145
(g) Assessment procedures that, which: 1146
1. For prevention , day treatment, and residential 1147
programs, include appropriate academic and career assessments 1148
administered at program entry and exit that are selected by the 1149
Department of Education in partnership with representatives from 1150
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the Department of Juvenile Justice, district school boards, and 1151
education providers. Assessments must be completed within the 1152
first 10 school days after a student's entry into the program . 1153
2. provide for determination of the areas of academic need 1154
and strategies for appropriate intervention and instruction for 1155
each student in a detention facility within 5 school days after 1156
the student's entry into the program and administer a research -1157
based assessment that will assist the student in determining his 1158
or her educational and career options and goals within 22 school 1159
days after the student's entry into the program. 1160
1161
The results of these assessments, together with a portfolio 1162
depicting the student's academic and career accomplishments, 1163
shall be included in the discharge packet assembled for each 1164
student. 1165
(h) Recommended instructional programs, using course 1166
delivery models aligned to the state academic standards. Options 1167
may include direct inst ruction, blended learning under s. 1168
1011.61(1), or district virtual instruction programs, virtual 1169
charter schools, Florida Virtual School, virtual course 1170
offerings, and district franchises of Florida Virtual School 1171
pursuant to ss. 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, 1172
and 1011.62(1), and credit recovery course procedures, 1173
including, but not limited to: 1174
1. Secondary education. 1175
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2. High school equivalency examination preparation. 1176
3. Postsecondary education. 1177
4. Career and technical professional education (CAPE). 1178
5. Job preparation. 1179
6. Virtual education that: 1180
a. Provides competency -based instruction that addresses 1181
the unique academic needs of the student through delivery by an 1182
entity accredited by a Department of Education -approved 1183
accrediting body AdvanceED or the Southern Association of 1184
Colleges and Schools . 1185
b. Confers certifications and diplomas. 1186
c. Issues credit that articulates with and transcripts 1187
that are recognized by secondary schools. 1188
d. Allows the student to continue to access and progress 1189
through the program once the student leaves the juvenile justice 1190
system. 1191
(i) Funding requirements, which must provide that at least 1192
95 percent of the FEFP funds generated by students in Department 1193
of Juvenile Justice programs or i n an education program for 1194
juveniles under s. 985.19 must be spent on instructional costs 1195
for those students. Department of Juvenile Justice education 1196
programs are entitled to 100 percent of the formula -based 1197
categorical funds generated by students in Depa rtment of 1198
Juvenile Justice programs. Such funds must be spent on 1199
appropriate categoricals, such as instructional materials and 1200
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public school technology for those students. 1201
(j) Qualifications of instructional staff, procedures for 1202
the selection of instruc tional staff, and procedures for 1203
consistent instruction and qualified staff year -round. 1204
Qualifications shall include those for instructors of career and 1205
technical education CAPE courses, standardized across the state, 1206
and shall be based on state certificat ion, local school district 1207
approval, and industry -recognized certifications as identified 1208
on the Master Credentials CAPE Industry Certification Funding 1209
List. Procedures for the use of noncertified instructional 1210
personnel who possess expert knowledge or exp erience in their 1211
fields of instruction shall be established. 1212
(k) Transition services, including the roles and 1213
responsibilities of appropriate personnel in the juvenile 1214
justice education program, the school district in which where 1215
the student will reenter, provider organizations, and the 1216
Department of Juvenile Justice. 1217
(l) Procedures and timeframe for transfer of education 1218
records when a student enters and leaves a Department of 1219
Juvenile Justice education program. 1220
(m) The requirement that each district school board 1221
maintain an academic transcript for each student enrolled in a 1222
juvenile justice education program that delineates each course 1223
completed by the student as provided by the State Course Code 1224
Directory. 1225
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(n) The requirement that each district school board make 1226
available and transmit a copy of a student's transcript in the 1227
discharge packet when the student exits a juvenile justice 1228
education program. 1229
(o) Contract requirements. 1230
(p) Accountability and school improvement re quirements as 1231
public alternative schools pursuant to ss. 1008.31, 1008.34, 1232
1008.341, and 1008.345 1233
(p) Performance expectations for providers and district 1234
school boards, including student performance measures by type of 1235
program, education program perform ance ratings, school 1236
improvement, and corrective action plans for low -performing 1237
programs. 1238
(q) The role and responsibility of the district school 1239
board in securing workforce development funds. 1240
(r) A series of graduated sanctions for district school 1241
boards whose educational programs in Department of Juvenile 1242
Justice programs are considered to be unsatisfactory and for 1243
instances in which district school boards fail to meet standards 1244
prescribed by law, rule, or State Board of Education policy. 1245
These sanctions shall include the option of requiring a district 1246
school board to contract with a provider or another district 1247
school board if the educational program at the Department of 1248
Juvenile Justice program is performing below minimum standards 1249
and, after 6 months, is still performing below minimum 1250
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standards. 1251
(r)(s) Curriculum, school guidance counseling, transition, 1252
and education services expectations, including curriculum 1253
flexibility for detention centers operated by the Department of 1254
Juvenile Justice. 1255
(s)(t) Other aspects of program operations. 1256
(3) The Department of Education in partnership with the 1257
Department of Juvenile Justice, the district school boards, and 1258
providers shall: 1259
(a) Develop and implement requirements for contracts and 1260
cooperative agreements regarding the delivery of appropriate 1261
education services to students in Department of Juvenile Justice 1262
education programs. The minimum contract requirements shall 1263
include, but are not limited to, payment structure and amounts; 1264
access to district servic es; contract management provisions; 1265
data reporting requirements, including reporting of full -time 1266
equivalent student membership; accountability requirements and 1267
corrective action plans, if needed; administration of federal 1268
programs such as Title I, excepti onal student education, and the 1269
federal Strengthening Career and Technical Education for the 1270
21st Century Act Carl D. Perkins Career and Technical Education 1271
Act of 2006; and the policy and standards included in subsection 1272
(2). 1273
(b) Develop and implement p rocedures for transitioning 1274
students into and out of Department of Juvenile Justice 1275
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education programs. These procedures shall reflect the policy 1276
and standards adopted pursuant to subsection (2). 1277
(c) Maintain standardized required content of education 1278
records to be included as part of a student's commitment record 1279
and procedures for securing the student's records. The education 1280
records shall include, but not be limited to, the following: 1281
1. A copy of the student's individual educational plan , 1282
Section 504 plan, or behavioral plan, if applicable . 1283
2. A copy of the student's individualized progress 1284
monitoring plan. 1285
3. A copy of the student's individualized transition plan. 1286
4. Data on student performance on assessments taken 1287
according to s. 1008.22. 1288
5. A copy of the student's permanent cumulative record. 1289
6. A copy of the student's academic transcript. 1290
7. A portfolio reflecting the student's academic 1291
accomplishments and industry certification earned, when age 1292
appropriate, while in the Department of Juvenile Justice 1293
program. 1294
(d) Establish the roles and responsibilities of the 1295
juvenile probation officer and others involved in the withdrawal 1296
of the student from school and assignment to a juvenile justice 1297
education program. 1298
(4) Each district school board shall: 1299
(a) Notify students in juvenile justice education programs 1300
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who attain the age of 16 years of the law regarding compulsory 1301
school attendance and make available the option of enrolling in 1302
an education program to attain a Florida high school di ploma by 1303
taking the high school equivalency examination before release 1304
from the program. The Department of Education shall assist 1305
juvenile justice education programs with becoming high school 1306
equivalency examination centers. 1307
(b) Respond to requests for s tudent education records 1308
received from another district school board or a juvenile 1309
justice education program within 3 5 working days after 1310
receiving the request. 1311
(c) Provide access to courses offered pursuant to ss. 1312
1002.37, 1002.45, 1002.455, and 1003.498. School districts and 1313
providers may enter into cooperative agreements for the 1314
provision of curriculum associated with courses offered pursuant 1315
to s. 1003.498 to enable providers to offer such courses. 1316
(d) Complete the assessment process required by su bsection 1317
(2). 1318
(e) Monitor compliance with contracts for education 1319
programs for students in juvenile justice prevention, day 1320
treatment, residential, and detention programs. 1321
(5) The Department of Education shall issue an alternative 1322
school improvement ra ting for prevention and day treatment 1323
prevention juvenile justice education programs, pursuant to s. 1324
1008.341 establish and operate, either directly or indirectly 1325
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through a contract, a mechanism to provide accountability 1326
measures that annually assesses and evaluates all juvenile 1327
justice education programs using student performance data and 1328
program performance ratings by type of program and shall provide 1329
technical assistance and related research to district school 1330
boards and juvenile justice education provid ers. The Department 1331
of Education, with input from the Department of Juvenile 1332
Justice, school districts, and education providers, shall 1333
develop annual recommendations for system and school 1334
improvement. 1335
Section 27. Section 1003.52, Florida Statutes, is a mended 1336
to read: 1337
1003.52 Educational services in Department of Juvenile 1338
Justice programs.— 1339
(1) The Department of Education shall serve as the lead 1340
agency for juvenile justice education programs, curriculum, 1341
support services, and resources. To this end, the Department of 1342
Education and the Department of Juvenile Justice shall each 1343
designate a Coordinator for Juvenile Justice Education Programs 1344
to serve as the point of contact for resolving issues not 1345
addressed by district school boards and to provide each 1346
department's participation in the following activities: 1347
(a) Training, collaborating, and coordinating with 1348
district school boards, local workforce development boards, and 1349
local youth councils, educational contract providers, and 1350
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juvenile justice provider s, whether state operated or 1351
contracted. 1352
(b) Collecting information on the academic, career and 1353
technical professional education (CAPE), and transition 1354
performance of students in juvenile justice programs and 1355
reporting on the results. 1356
(c) Developing academic and career and technical education 1357
CAPE protocols that provide guidance to district school boards 1358
and juvenile justice education providers in all aspects of 1359
education programming, including records transfer and 1360
transition. 1361
(d) Implementing a joint accountability, program 1362
performance, and program improvement process. 1363
1364
Annually, a cooperative agreement and plan for juvenile justice 1365
education service enhancement shall be developed between the 1366
Department of Juvenile Justice and the Department of Educat ion 1367
and submitted to the Secretary of Juvenile Justice and the 1368
Commissioner of Education by June 30. The plan shall include, at 1369
a minimum, each agency's role regarding educational program 1370
accountability, technical assistance, training, and coordination 1371
of services. 1372
(2) Students participating in Department of Juvenile 1373
Justice education programs pursuant to chapter 985 which are 1374
sponsored by a community -based agency or are operated or 1375
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contracted for by the Department of Juvenile Justice shall 1376
receive education programs according to rules of the State Board 1377
of Education. These students shall be eligible for services 1378
afforded to students enrolled in programs pursuant to s. 1003.53 1379
and all corresponding State Board of Education rules. 1380
(3) The district school board of the county in which the 1381
juvenile justice education prevention, day treatment, 1382
residential, or detention program is located shall provide or 1383
contract for appropriate educational assessments and an 1384
appropriate program of instruction and special educ ation 1385
services. 1386
(a) All contracts between a district school board desiring 1387
to contract directly with juvenile justice education programs to 1388
provide academic instruction for students in such programs must 1389
be in writing and reviewed by the Department of Ju venile 1390
Justice. Unless both parties agree to an extension of time, the 1391
district school board and the juvenile justice education program 1392
shall negotiate and execute a new or renewal contract within 40 1393
days after the district school board provides the propos al to 1394
the juvenile justice education program. The Department of 1395
Education shall provide mediation services for any disputes 1396
relating to this paragraph. 1397
(b) District school boards shall satisfy invoices issued 1398
by juvenile justice education programs within 15 working days 1399
after receipt. If a district school board does not timely issue 1400
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a warrant for payment, it must pay to the juvenile justice 1401
education program interest at a rate of 1 percent per month, 1402
calculated on a daily basis, on the unpaid balance unti l such 1403
time as a warrant is issued for the invoice and accrued interest 1404
amount. The district school board may not delay payment to a 1405
juvenile justice education program of any portion of funds owed 1406
pending the district's receipt of local funds. 1407
(c) The district school board shall make provisions for 1408
each student to participate in basic career and technical 1409
education, CAPE, and exceptional student programs , as 1410
appropriate. Students served in Department of Juvenile Justice 1411
education programs shall have acces s to the appropriate courses 1412
and instruction to prepare them for the high school equivalency 1413
examination. Students participating in high school equivalency 1414
examination preparation programs shall be funded at the basic 1415
program cost factor for Department of Juvenile Justice programs 1416
in the Florida Education Finance Program. Each program shall be 1417
conducted according to applicable law providing for the 1418
operation of public schools and rules of the State Board of 1419
Education. School districts shall provide the high school 1420
equivalency examination exit option for all juvenile justice 1421
education programs, except for residential programs operated 1422
under s. 985.619. 1423
(d) The district school board shall select appropriate 1424
academic and career assessments to be administered at the time 1425
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of program entry and exit for the purpose of developing goals 1426
for education transition plans, progress monitoring plans, 1427
individual education plans, as applicable, and federal 1428
reporting, as applicable 1429
(d) The Department of Education, with th e assistance of 1430
the school districts and juvenile justice education providers, 1431
shall select a common student assessment instrument and protocol 1432
for measuring student learning gains and student progression 1433
while a student is in a juvenile justice education program. The 1434
Department of Education and the Department of Juvenile Justice 1435
shall jointly review the effectiveness of this assessment and 1436
implement changes as necessary . 1437
(4) Educational services shall be provided at times of the 1438
day most appropriate for the juvenile justice program. School 1439
programming in juvenile justice detention, prevention, or day 1440
treatment, and residential programs shall be made available by 1441
the local school district during the juvenile justice school 1442
year, as provided in s. 1003.01(1 4). In addition, students in 1443
juvenile justice education programs shall have access to courses 1444
offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The 1445
Department of Education and the school districts shall adopt 1446
policies necessary to provide such access . 1447
(5) The educational program shall provide instruction 1448
based on each student's individualized transition plan, assessed 1449
educational needs, and the education programs available in the 1450
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school district in which the student will return. Depending on 1451
the student's needs, educational programming may consist of 1452
remedial courses, academic courses required for grade 1453
advancement, career and technical education CAPE courses, high 1454
school equivalency examination preparation, or exceptional 1455
student education curricula and related services which support 1456
the transition goals and reentry and which may lead to 1457
completion of the requirements for receipt of a high school 1458
diploma or its equivalent. Prevention and day treatment juvenile 1459
justice education programs, at a minimum , shall provide career 1460
readiness and exploration opportunities as well as truancy and 1461
dropout prevention intervention services. Residential juvenile 1462
justice education programs with a contracted minimum length of 1463
stay of 9 months shall provide CAPE courses that lead to 1464
preapprentice certifications and industry certifications. 1465
Programs with contracted lengths of stay of less than 9 months 1466
may provide career education courses that lead to preapprentice 1467
certifications and CAPE industry certifications. If the du ration 1468
of a program is less than 40 days, the educational component may 1469
be limited to tutorial remediation activities, career 1470
employability skills instruction, education counseling, and 1471
transition services that prepare students for a return to 1472
school, the community, and their home settings based on the 1473
students' needs. 1474
(6) Participation in the program by students of compulsory 1475
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school-attendance age as provided for in s. 1003.21 shall be 1476
mandatory. All students of noncompulsory school -attendance age 1477
who have not received a high school diploma or its equivalent 1478
shall participate in the educational program, unless the student 1479
files a formal declaration of his or her intent to terminate 1480
school enrollment as described in s. 1003.21 and is afforded the 1481
opportunity to take the high school equivalency examination and 1482
attain a Florida high school diploma before release from a 1483
juvenile justice education program. A student who has received a 1484
high school diploma or its equivalent and is not employed shall 1485
participate in workforce development or other CAPE education or 1486
Florida College System institution or university courses while 1487
in the program, subject to available funding. 1488
(7) An individualized progress monitoring plan shall be 1489
developed for all students not classified as exceptional 1490
education students upon entry in a juvenile justice education 1491
program and upon reentry in the school district. These plans 1492
shall address academic, literacy, and career and technical 1493
skills and shall include provisions for intensive remedial 1494
instruction in the areas of weakness. 1495
(8) Each district school board shall maintain an academic 1496
record for each student enrolled in a juvenile justice education 1497
program as prescribed by s. 1003.5 1. Such record shall delineate 1498
each course completed by the student according to procedures in 1499
the State Course Code Directory. The district school board shall 1500
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include a copy of a student's academic record in the discharge 1501
packet when the student exits the program. 1502
(9) Each district school board shall make provisions for 1503
high school level students to earn credits toward high school 1504
graduation while in residential and nonresidential juvenile 1505
justice detention, prevention, or day treatment education 1506
programs. Provisions must be made for the transfer of credits 1507
and partial credits earned. 1508
(10) School districts and juvenile justice education 1509
providers shall develop individualized transition plans during 1510
the course of a student's stay in a juvenile justice education 1511
program to coordinate academic, career and technical, and 1512
secondary and postsecondary services that assist the student in 1513
successful community reintegration upon release. Development of 1514
the transition plan shall be a collaboration of the personnel in 1515
the juvenile justice education program, reentry personnel, 1516
personnel from the school district where the student will 1517
return, the student, the student's family, and the Department of 1518
Juvenile Justice personnel for committed students . 1519
(a) Transition planning must begin upon a student's 1520
placement in the program. The transition plan must include, at a 1521
minimum: 1522
1. Services and interventions that address the student's 1523
assessed educational needs and pos trelease education plans. 1524
2. Services to be provided during the program stay and 1525
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services to be implemented upon release, including, but not 1526
limited to, continuing education in secondary school, career and 1527
technical education CAPE programs, postsecondary education, or 1528
employment, based on the student's needs. 1529
3. Specific monitoring responsibilities to determine 1530
whether the individualized transition plan is being implemented 1531
and the student is provided access to support services that will 1532
sustain the student's success by individuals who are responsible 1533
for the reintegration and coordination of these activities. 1534
(b) For the purpose of transition planning and reentry 1535
services, representatives from the school district and the one -1536
stop center where the stud ent will return shall participate as 1537
members of the local Department of Juvenile Justice reentry 1538
teams. The school district, upon return of a student from a 1539
juvenile justice education program, must consider the individual 1540
needs and circumstances of the stu dent and the transition plan 1541
recommendations when reenrolling a student in a public school. A 1542
local school district may not maintain a standardized policy for 1543
all students returning from a juvenile justice program but place 1544
students based on their needs an d their performance in the 1545
juvenile justice education program, including any virtual 1546
education options. 1547
(c) The Department of Education and the Department of 1548
Juvenile Justice shall provide oversight and guidance to school 1549
districts, education providers, and reentry personnel on how to 1550
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implement effective educational transition planning and 1551
services. 1552
(11) The district school board shall recruit and train 1553
teachers who are interested, qualified, or experienced in 1554
educating students in juvenile justice prog rams. Students in 1555
juvenile justice programs shall be provided a wide range of 1556
education programs and opportunities , including instructional 1557
materials textbooks, technology, instructional support, and 1558
resources commensurate with resources provided to studen ts in 1559
public schools, including instructional materials textbooks and 1560
access to technology. If the district school board operates a 1561
juvenile justice education program at a juvenile justice 1562
facility, the district school board, in consultation with the 1563
director of the juvenile justice facility, shall select the 1564
instructional personnel assigned to that program. The Secretary 1565
of Juvenile Justice or the director of a juvenile justice 1566
program may request that the performance of a teacher assigned 1567
by the district to a juvenile justice education program be 1568
reviewed by the district and that the teacher be reassigned 1569
based upon an evaluation conducted pursuant to s. 1012.34 or for 1570
inappropriate behavior. Juvenile justice education programs 1571
shall have access to the sub stitute teacher pool used by the 1572
district school board. 1573
(12) District school boards may contract with a private 1574
provider for the provision of education programs to students 1575
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placed in juvenile justice detention, prevention, or day 1576
treatment programs with the Department of Juvenile Justice and 1577
shall generate local, state, and federal funding, including 1578
funding through the Florida Education Finance Program for such 1579
students. The district school board's planning and budgeting 1580
process shall include the needs o f Department of Juvenile 1581
Justice education programs in the district school board's plan 1582
for expenditures for state categorical and federal funds. 1583
(13)(a) Eligible students enrolled in juvenile justice 1584
detention, prevention, or day treatment education programs shall 1585
be funded the same as students enrolled in traditional public 1586
schools funded in the Florida Education Finance Program and as 1587
specified in s. 1011.62 and the General Appropriations Act. 1588
(b) Juvenile justice education programs to receive the 1589
appropriate FEFP funding for Department of Juvenile Justice 1590
education programs shall include those operated through a 1591
contract with the Department of Juvenile Justice. 1592
(c) Consistent with the rules of the State Board of 1593
Education, district school boards sh all request an alternative 1594
FTE survey for Department of Juvenile Justice education programs 1595
experiencing fluctuations in student enrollment. 1596
(d) FTE count periods shall be prescribed in rules of the 1597
State Board of Education and shall be the same for prog rams of 1598
the Department of Juvenile Justice as for other public school 1599
programs. The summer school period for students in Department of 1600
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Juvenile Justice education programs shall begin on the day 1601
immediately following the end of the regular school year and e nd 1602
on the day immediately preceding the subsequent regular school 1603
year. Students shall be funded for no more than 25 hours per 1604
week of direct instruction. 1605
(e) Each juvenile justice education program must receive 1606
all federal funds for which the program is eligible. 1607
(14) Each district school board shall negotiate a 1608
cooperative agreement with the Department of Juvenile Justice on 1609
the delivery of educational services to students in juvenile 1610
justice detention, prevention, or day treatment programs under 1611
the jurisdiction of the Department of Juvenile Justice. Such 1612
agreement must include, but is not limited to: 1613
(a) Roles and responsibilities of each agency, including 1614
the roles and responsibilities of contract providers. 1615
(b) Administrative issues including p rocedures for sharing 1616
information. 1617
(c) Allocation of resources including maximization of 1618
local, state, and federal funding. 1619
(d) Procedures for educational evaluation for educational 1620
exceptionalities and special needs. 1621
(e) Curriculum and delivery of i nstruction. 1622
(f) Classroom management procedures and attendance 1623
policies. 1624
(g) Procedures for provision of qualified instructional 1625
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personnel, whether supplied by the district school board or 1626
provided under contract by the provider, and for performance of 1627
duties while in a juvenile justice setting. 1628
(h) Provisions for improving skills in teaching and 1629
working with students referred to juvenile justice education 1630
programs. 1631
(i) Transition plans for students moving into and out of 1632
juvenile justice education programs. 1633
(j) Procedures and timelines for the timely documentation 1634
of credits earned and transfer of student records. 1635
(k) Methods and procedures for dispute resolution. 1636
(l) Provisions for ensuring the safety of education 1637
personnel and support for th e agreed-upon education program. 1638
(m) Strategies for correcting any deficiencies found 1639
through the alternative school improvement rating accountability 1640
and evaluation system and student performance measures. 1641
(n) Career and academic assessments selected by the 1642
district pursuant to paragraph (3)(d). 1643
(15) Nothing in this section or in a cooperative agreement 1644
requires the district school board to provide more services than 1645
can be supported by the funds generated by students in the 1646
juvenile justice programs. 1647
(16) The Department of Education, in consultation with the 1648
Department of Juvenile Justice, district school boards, and 1649
providers, shall adopt rules establishing: 1650
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(a) Objective and measurable student performance measures 1651
to evaluate a student' s educational progress while participating 1652
in a prevention, day treatment, or residential program. The 1653
student performance measures must be based on appropriate 1654
outcomes for all students in juvenile justice education 1655
programs, taking into consideration the student's length of stay 1656
in the program. Performance measures shall include outcomes that 1657
relate to student achievement of career education goals, 1658
acquisition of employability skills, receipt of a high school 1659
diploma or its equivalent, grade advancement, and the number of 1660
CAPE industry certifications earned. 1661
(b) A performance rating system to be used by the 1662
Department of Education to evaluate the delivery of educational 1663
services within each of the juvenile justice programs. The 1664
performance rating shall b e primarily based on data regarding 1665
student performance as described in paragraph (a). 1666
(c) The timeframes, procedures, and resources to be used 1667
to improve a low-rated educational program or to terminate or 1668
reassign the program. 1669
(d) The Department of Ed ucation, in partnership with the 1670
Department of Juvenile Justice, shall develop a comprehensive 1671
accountability and program improvement process. The 1672
accountability and program improvement process shall be based on 1673
student performance measures by type of prog ram and shall rate 1674
education program performance. The accountability system shall 1675
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identify and recognize high -performing education programs. The 1676
Department of Education, in partnership with the Department of 1677
Juvenile Justice, shall identify low -performing programs. Low-1678
performing education programs shall receive an onsite program 1679
evaluation from the Department of Juvenile Justice. School 1680
improvement, technical assistance, or the reassignment of the 1681
program shall be based, in part, on the results of the prog ram 1682
evaluation. Through a corrective action process, low -performing 1683
programs must demonstrate improvement or the programs shall be 1684
reassigned. 1685
(17) The department, in collaboration with the Department 1686
of Juvenile Justice, shall collect data and report on 1687
commitment, day treatment, prevention, and detention programs. 1688
The report shall be submitted to the President of the Senate, 1689
the Speaker of the House of Representatives, and the Governor by 1690
February 1 of each year. The report must include, at a minimum: 1691
(a) The number and percentage of students who: 1692
1. Return to an alternative school, middle school, or high 1693
school upon release and the attendance rate of such students 1694
before and after participation in juvenile justice education 1695
programs. 1696
2. Receive a standard high school diploma or a high school 1697
equivalency diploma. 1698
3. Receive industry certification. 1699
4. Enroll in a postsecondary educational institution. 1700
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5. Complete a juvenile justice education program without 1701
reoffending. 1702
6. Reoffend within 1 y ear after completion of a day 1703
treatment or residential commitment program. 1704
7. Remain employed 1 year after completion of a day 1705
treatment or residential commitment program. 1706
8. Demonstrate learning gains pursuant to paragraph 1707
(3)(d). 1708
(b) The following cost data for each juvenile justice 1709
education program: 1710
1. The amount of funding provided by district school 1711
boards to juvenile justice programs and the amount retained for 1712
administration, including documenting the purposes of such 1713
expenses. 1714
2. The status of the development of cooperative 1715
agreements. 1716
3. Recommendations for system improvement. 1717
4. Information on the identification of, and services 1718
provided to, exceptional students, to determine whether these 1719
students are properly reported for funding a nd are appropriately 1720
served. 1721
(16)(18) The district school board shall not be charged 1722
any rent, maintenance, utilities, or overhead on such 1723
facilities. Maintenance, repairs, and remodeling of existing 1724
detention facilities shall be provided by the Departme nt of 1725
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Juvenile Justice. 1726
(17)(19) When additional facilities are required for 1727
juvenile justice detention, prevention, or day treatment 1728
programs, the district school board and the Department of 1729
Juvenile Justice shall agree on the appropriate site based on 1730
the instructional needs of the students. When the most 1731
appropriate site for instruction is on district school board 1732
property, a special capital outlay request shall be made by the 1733
commissioner in accordance with s. 1013.60. When the most 1734
appropriate site is on state property, state capital outlay 1735
funds shall be requested by the Department of Juvenile Justice 1736
provided by s. 216.043 and shall be submitted as specified by s. 1737
216.023. Any instructional facility to be built on state 1738
property shall have education al specifications jointly developed 1739
by the district school board and the Department of Juvenile 1740
Justice and approved by the Department of Education. The size of 1741
space and occupant design capacity criteria as provided by State 1742
Board of Education rules shall be used for remodeling or new 1743
construction whether facilities are provided on state property 1744
or district school board property. 1745
(18)(20) The parent of an exceptional student shall have 1746
the due process rights provided for in this chapter. 1747
(19)(21) The State Board of Education shall adopt rules 1748
necessary to implement this section. Such rules must require the 1749
minimum amount of paperwork and reporting. 1750
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(22) The Department of Juvenile Justice and the Department 1751
of Education, in consultation with CareerSou rce Florida, Inc., 1752
the statewide Workforce Development Youth Council, district 1753
school boards, Florida College System institutions, providers, 1754
and others, shall jointly develop a multiagency plan for CAPE 1755
which describes the funding, curriculum, transfer of credits, 1756
goals, and outcome measures for career education programming in 1757
juvenile commitment facilities, pursuant to s. 985.622. The plan 1758
must be reviewed annually. 1759
Section 28. For the purpose of incorporating the amendment 1760
made by this act to section 985.115, Florida Statutes, in a 1761
reference thereto, subsection (1) of section 985.25, Florida 1762
Statutes, is reenacted to read: 1763
985.25 Detention intake. — 1764
(1) The department shall receive custody of a child who 1765
has been taken into custody from the law enf orcement agency or 1766
court and shall review the facts in the law enforcement report 1767
or probable cause affidavit and make such further inquiry as may 1768
be necessary to determine whether detention care is appropriate. 1769
(a) During the period of time from the taking of the child 1770
into custody to the date of the detention hearing, the initial 1771
decision as to the child's placement into detention care shall 1772
be made by the department under ss. 985.24 and 985.245(1). 1773
(b) The department shall base the decision whether to 1774
place the child into detention care on an assessment of risk in 1775
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accordance with the risk assessment instrument and procedures 1776
developed by the department under s. 985.245, except that a 1777
child shall be placed in secure detention care until the child's 1778
detention hearing if the child meets the criteria specified in 1779
s. 985.255(1)(f), is charged with possessing or discharging a 1780
firearm on school property in violation of s. 790.115, or is 1781
charged with any other offense involving the possession or use 1782
of a firearm. 1783
(c) If the final score on the child's risk assessment 1784
instrument indicates detention care is appropriate, but the 1785
department otherwise determines the child should be released, 1786
the department shall contact th e state attorney, who may 1787
authorize release. 1788
(d) If the final score on the risk assessment instrument 1789
indicates detention is not appropriate, the child may be 1790
released by the department in accordance with ss. 985.115 and 1791
985.13. 1792
1793
Under no circumstances s hall the department or the state 1794
attorney or law enforcement officer authorize the detention of 1795
any child in a jail or other facility intended or used for the 1796
detention of adults, without an order of the court. 1797
Section 29. For the purpose of incorporat ing the amendment 1798
made by this act to section 985.27, Florida Statutes, in a 1799
reference thereto, subsection (3) of section 985.255, Florida 1800
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Statutes, is reenacted to read: 1801
985.255 Detention criteria; detention hearing. — 1802
(3)(a) The purpose of the detenti on hearing required under 1803
subsection (1) is to determine the existence of probable cause 1804
that the child has committed the delinquent act or violation of 1805
law that he or she is charged with and the need for continued 1806
detention. The court shall use the result s of the risk 1807
assessment performed by the department and, based on the 1808
criteria in subsection (1), shall determine the need for 1809
continued detention. If the child is a prolific juvenile 1810
offender who is detained under s. 985.26(2)(c), the court shall 1811
use the results of the risk assessment performed by the 1812
department and the criteria in subsection (1) or subsection (2) 1813
only to determine whether the prolific juvenile offender should 1814
be held in secure detention. 1815
(b) If the court orders a placement more restric tive than 1816
indicated by the results of the risk assessment instrument, the 1817
court shall state, in writing, clear and convincing reasons for 1818
such placement. 1819
(c) Except as provided in s. 790.22(8) or s. 985.27, when 1820
a child is placed into detention care, or into a respite home or 1821
other placement pursuant to a court order following a hearing, 1822
the court order must include specific instructions that direct 1823
the release of the child from such placement no later than 5 1824
p.m. on the last day of the detention period s pecified in s. 1825
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985.26 or s. 985.27, whichever is applicable, unless the 1826
requirements of such applicable provision have been met or an 1827
order of continuance has been granted under s. 985.26(4). If the 1828
court order does not include a release date, the release date 1829
shall be requested from the court on the same date that the 1830
child is placed in detention care. If a subsequent hearing is 1831
needed to provide additional information to the court for safety 1832
planning, the initial order placing the child in detention care 1833
shall reflect the next detention review hearing, which shall be 1834
held within 3 calendar days after the child's initial detention 1835
placement. 1836
Section 30. For the purpose of incorporating the amendment 1837
made by this act to section 985.441, Florida Statutes, in a 1838
reference thereto, paragraph (h) of subsection (2) of section 1839
985.475, Florida Statutes, is reenacted to read: 1840
985.475 Juvenile sexual offenders. — 1841
(2) Following a delinquency adjudicatory hearing under s. 1842
985.35, the court may on its own or upon request by the state or 1843
the department and subject to specific appropriation, determine 1844
whether a juvenile sexual offender placement is required for the 1845
protection of the public and what would be the best approach to 1846
address the treatment needs of the juve nile sexual offender. 1847
When the court determines that a juvenile has no history of a 1848
recent comprehensive assessment focused on sexually deviant 1849
behavior, the court may, subject to specific appropriation, 1850
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order the department to conduct or arrange for an ex amination to 1851
determine whether the juvenile sexual offender is amenable to 1852
community-based treatment. 1853
(h) If the juvenile sexual offender violates any condition 1854
of the disposition or the court finds that the juvenile sexual 1855
offender is failing to make sa tisfactory progress in treatment, 1856
the court may revoke the community -based treatment alternative 1857
and order commitment to the department under s. 985.441. 1858
Section 31. For the purpose of incorporating the amendment 1859
made by this act to section 985.441, Fl orida Statutes, in a 1860
reference thereto, paragraph (b) of subsection (4) of section 1861
985.565, Florida Statutes, is reenacted to read: 1862
985.565 Sentencing powers; procedures; alternatives for 1863
juveniles prosecuted as adults. — 1864
(4) SENTENCING ALTERNATIVES. — 1865
(b) Juvenile sanctions.—For juveniles transferred to adult 1866
court but who do not qualify for such transfer under s. 1867
985.556(3), the court may impose juvenile sanctions under this 1868
paragraph. If juvenile sentences are imposed, the court shall, 1869
under this paragraph, adjudge the child to have committed a 1870
delinquent act. Adjudication of delinquency may not be deemed a 1871
conviction, nor shall it operate to impose any of the civil 1872
disabilities ordinarily resulting from a conviction. The court 1873
shall impose an adult s anction or a juvenile sanction and may 1874
not sentence the child to a combination of adult and juvenile 1875
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punishments. An adult sanction or a juvenile sanction may 1876
include enforcement of an order of restitution or probation 1877
previously ordered in any juvenile pr oceeding. However, if the 1878
court imposes a juvenile sanction and the department determines 1879
that the sanction is unsuitable for the child, the department 1880
shall return custody of the child to the sentencing court for 1881
further proceedings, including the imposit ion of adult 1882
sanctions. Upon adjudicating a child delinquent under subsection 1883
(1), the court may: 1884
1. Place the child in a probation program under the 1885
supervision of the department for an indeterminate period of 1886
time until the child reaches the age of 19 years or sooner if 1887
discharged by order of the court. 1888
2. Commit the child to the department for treatment in an 1889
appropriate program for children for an indeterminate period of 1890
time until the child is 21 or sooner if discharged by the 1891
department. The depar tment shall notify the court of its intent 1892
to discharge no later than 14 days before discharge. Failure of 1893
the court to timely respond to the department's notice shall be 1894
considered approval for discharge. 1895
3. Order disposition under ss. 985.435, 985.437, 985.439, 1896
985.441, 985.45, and 985.455 as an alternative to youthful 1897
offender or adult sentencing if the court determines not to 1898
impose youthful offender or adult sanctions. 1899
1900
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It is the intent of the Legislature that the criteria and 1901
guidelines in this subs ection are mandatory and that a 1902
determination of disposition under this subsection is subject to 1903
the right of the child to appellate review under s. 985.534. 1904
Section 32. For the purpose of incorporating the amendment 1905
made by this act to section 985.03, Florida Statutes, in a 1906
reference thereto, section 985.721, Florida Statutes, is 1907
reenacted to read: 1908
985.721 Escapes from secure detention or residential 1909
commitment facility. —An escape from: 1910
(1) Any secure detention facility maintained for the 1911
temporary detention of children, pending adjudication, 1912
disposition, or placement; 1913
(2) Any residential commitment facility described in s. 1914
985.03(44), maintained for the custody, treatment, punishment, 1915
or rehabilitation of children found to have committed delinque nt 1916
acts or violations of law; or 1917
(3) Lawful transportation to or from any such secure 1918
detention facility or residential commitment facility, 1919
1920
constitutes escape within the intent and meaning of s. 944.40 1921
and is a felony of the third degree, punishable as provided in 1922
s. 775.082, s. 775.083, or s. 775.084. 1923
Section 33. This act shall take effect July 1, 2024. 1924