The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1274
INTRODUCER: Senator Martin
SUBJECT: Juvenile Justice
DATE: January 29, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Pre-meeting
2. ACJ
3. FP
I. Summary:
SB 1274 amends multiple sections throughout ch. 985, F.S., to remove post commitment
probation. Under the bill, a child must be placed on conditional release following commitment to
a Department of Juvenile Justice (DJJ) program, or may be directly released from such program.
The bill amends s. 985.25, F.S., requiring that youths arrested for violating the terms of his or her
electronic monitoring supervision or his or her supervised release shall be placed in secure
detention until a detention hearing.
The bill also provides that a child on probation for an underlying felony firearm offense who is
taken into custody under s. 985.101, F.S., for violating conditions of probation not involving a
new law violation shall be held in secure detention to allow the state attorney to review the
violation. If within 21 days, the state attorney notifies the court that commitment will be sought,
then the child shall remain in secure detention pending proceedings under s. 985.439, F.S., until
the initial 21-day period of secure detention has expired. Upon motion of the state attorney, the
child may be held for an additional 21-day period if the court finds that the totality of the
circumstances, including the preservation of public safety, warrants such extension.
The bill amends s. 790.115, F.S., to remove a provision requiring secure detention for any minor
under 18 years of age who is charged with possessing or discharging a firearm on school
property unless the state attorney authorizes the release of the minor. Provisions requiring youth
to be held for firearm offenses are provided in ch. 985, F.S.
The bill amends s. 790.22, F.S., to provide increased penalties for minors committing firearm
violations.
The bill amends s. 985.12, F.S., to redesignate civil citation programs as prearrest delinquency
citation programs, and revise program requirements to prohibit offenses involving the use or
REVISED: BILL: SB 1274 Page 2
possession of a firearm. Additionally, s. 985.125, F.S., is amended to provide that school districts
are prohibited from operating a postarrest diversion program.
The bill amends s. 985.126, F.S., to provide reporting requirements on the use of delinquency
citations by law enforcement agencies and the DJJ.
The bill amends s. 985.255, F.S., to provide that the court has the authority to depart from the
detention risk assessment instrument and order a placement more or less restrictive than what the
risk assessment recommends. When the court finds probable cause at the detention hearing that
the child committed one or more specified offenses then there is a presumption that the child is at
risk to public safety and a danger to the community and such child must be held in secure
detention prior to an adjudicatory hearing.
The bill provides requirements for release of a child from secure detention based upon clear and
convincing evidence of why the child does not present a risk to public safety or a danger to the
community, and provides that the child shall be placed on supervised release detention care with
electronic monitoring until the child’s adjudicatory hearing.
The bill amends s. 985.26, F.S., to provide that the court may order a minor to be held in secure
detention beyond 21 days upon certain circumstances. The court may release a child from secure
detention based on clear and convincing evidence that the child does not present a risk to public
safety or a danger to the community. If the court releases the child to supervised release
detention care, the court must provide a copy of the written notice to the victim, and law
enforcement agency.
The bill amends s. 985.433, F.S., requiring any youth committed for any offense or attempted
offense involving a firearm be placed on conditional release for at least 1 year after release from
the residential commitment program, with terms of conditional release including electronic
monitoring for the initial six months under terms and conditions set by the DJJ.
The bill provides that for a firearm offense, other than minor possession under s. 790.22(3), F.S.,
if the court decides not to commit the youth to a residential program then the court must order
specified punishments.
The bill provides that a child who has previously had adjudication withheld for a specified
offense shall not be eligible for a second or subsequent withhold of adjudication and must be
committed to a residential program.
The bill amends s. 985.46, F.S., revising legislative intent concerning conditional release and
requires conditional release after commitment unless the youth is directly released.
The bill provides that a youth who violates the terms of his or her conditional release shall be
assessed using the graduated response matrix as described in s. 985.438, F.S. A youth who fails
to move into compliance shall be recommitted to a residential facility.
The bill creates s. 985.438, F.S., requiring the DJJ to create and administer a statewide graduated
response matrix to hold youths accountable to the term of their court ordered probation and the BILL: SB 1274 Page 3
terms of their conditional release. Section. 985.435, F.S., is amended to provide that an
alternative consequence component must be aligned with the DJJ’s graduated response matrix as
described in s. 985.438, F.S.
The bill amends s. 985.439, F.S., to provide that upon receiving notice of a violation of probation
from the DJJ, the state attorney must file the violation within 5 days or provide in writing to the
DJJ and the court a reason as to why he or she is not filing. The DJJ may place a youth on
electronic monitoring for a violation of probation if it determines doing so will preserve and
protect public safety.
The bill amends s. 985.455, F.S., providing that if the court orders revocation or suspension of a
child’s driver license as part of a disposition, the court may upon finding a compelling
circumstance direct the DHSMV to make an exception to issue the minor a license for driving
privileges restricted to business or employment purposes only.
The bill amends s. 985.601, F.S., providing that the DJJ shall establish a class focused on the risk
and consequences of youthful firearm offending which shall be provided by the DJJ to any youth
adjudicated or who had adjudication withheld for any offense involving the use or possession of
a firearm.
The bill amends s. 985.711, F.S., revising provisions concerning introduction of contraband into
DJJ facilities by adding to the list of contraband. Introducing contraband into DJJ facilities is a
second degree felony.
The bill amends s. 1002.221, F.S., revising provisions concerning educational records for certain
purposes.
The bill is effective on July 1, 2024.
II. Present Situation:
Civil Citation/Pre-arrest Diversion
The Florida Department of Juvenile Justice (DJJ) civil citation or similar prearrest diversion
initiative addresses a youth’s behavior at his or her first encounter with the juvenile justice
system and provides an alternative to arrest for that child.
1
A civil citation or similar prearrest diversion program for misdemeanor offenses shall be
established in each judicial circuit in the state. The state attorney and public defender of each
circuit, the clerk of the court for each county in the circuit, and representatives of participating
law enforcement agencies in the circuit shall create a civil citation or similar prearrest diversion
program and develop its policies and procedures. In developing the program’s policies and
procedures, input from other interested stakeholders may be solicited. The DJJ shall annually
1
Department of Juvenile Justice, Florida Civil Citation or Similar Prearrest Diversion Overview, available at
https://www.djj.state.fl.us/partners-providers-staff/our-approach/florida-civil-citation-or-similar-prearrest-diversion) last
visited on January 16, 2024). BILL: SB 1274 Page 4
develop and provide guidelines on best practice models for civil citation or similar prearrest
diversion programs to the judicial circuits as a resource.
2
Each judicial circuit’s civil citation or similar prearrest diversion program must specify:
The misdemeanor offenses that qualify a juvenile for participation in the program;
The eligibility criteria for the program;
The program’s implementation and operation;
The program’s requirements, including, but not limited to, the completion of community
service hours, payment of restitution, if applicable, and intervention services indicated by a
needs assessment of the juvenile, approved by the DJJ, such as family counseling, urinalysis
monitoring, and substance abuse and mental health treatment services; and
A program fee, if any, to be paid by a juvenile participating in the program. If the program
imposes a fee, the clerk of the court of the applicable county must receive a reasonable
portion of the fee.
3
The state attorney of each circuit shall operate a civil citation or similar prearrest diversion
program in each circuit. A sheriff, police department, county, municipality, locally authorized
entity, or public or private educational institution may continue to operate an independent civil
citation or similar prearrest diversion program that is in operation as of October 1, 2018, if the
independent program is reviewed by the state attorney of the applicable circuit and he or she
determines that the independent program is substantially similar to the civil citation or similar
prearrest diversion program developed by the circuit. If the state attorney determines that the
independent program is not substantially similar to the civil citation or similar prearrest diversion
program developed by the circuit, the operator of the independent diversion program may revise
the program and the state attorney may conduct an additional review of the independent
program.
4
Pursuant to s. 985.126, F.S., citation entities submit demographic data and indicate the law
violation. Law enforcement agencies report data to the DJJ that identifies each minor who was
eligible for a diversion program but was instead referred to the DJJ, given a notice to appear, or
arrested. Within 7 days of the admission into a citation program, the citation entity enters data
into the Juvenile Justice Information System Prevention Web. De-identified data collected
through the state’s civil citation programs is published and continually updated on the DJJ’s
website, and helps inform the department-produced, civil citation best practice report
disseminated to judicial circuits.
5
Detention of Children in Florida – Intake and Assessment
Every child under the age of 18 charged with a crime in Florida is referred to the DJJ.
6
The DJJ
serves as the primary case manager responsible for managing, coordinating, and monitoring
2
Section 985.12(2)(a), F.S.
3
Section 985.12(2)(b), F.S.
4
Section 985.12(2)(c), F.S.
5
Section 985.126(2), F.S.
6
A referral is similar to an arrest in the adult criminal justice system. See Probation and Community Intervention, Overview,
Department of Juvenile Justice, available at http://www.djj.state.fl.us/services/probation (last visited January 16, 2024). BILL: SB 1274 Page 5
services provided to the child.
7
Intake and screening services for a child referred to the DJJ are
performed at a Juvenile Assessment Center.
8
The purpose of the intake process is to assess the
child’s needs and risks and to determine the most appropriate treatment plan and setting for the
child’s programmatic need and risks.
9
Once a child is in the custody of the DJJ, the DJJ
determines whether detention care is appropriate.
10
The DJJ makes an initial decision regarding detention care placement using the “Detention Risk
Assessment Instrument.”
11
This instrument takes into consideration, but need not be limited to,
the following:
Pending felony and misdemeanor offenses;
Offenses committed pending adjudication;
Prior offenses;
Unlawful possession of a firearm;
Prior history of failure to appear;
Supervision violations;
Supervision status at the time the child is taken into custody;
All statutory mandates for detention care; and
Any information on the child’s history of abuse and neglect.
12
Secure Detention Care
The DJJ shall receive custody of a child who has been taken into custody from the law
enforcement agency or court and shall review the facts in the law enforcement report or probable
cause affidavit and make such further inquiry as may be necessary to determine whether
detention care is appropriate.
13
A child may not be held in secure detention care under a special
detention order for more than 21 days unless an adjudicatory hearing for the case has been
commenced in good faith by the court.
14
All determinations and court orders regarding the use of detention care shall be based primarily
upon findings that the child:
Presents a substantial risk of not appearing at a subsequent hearing;
15
Presents a substantial risk of inflicting bodily harm on others as evidenced by recent
behavior, including the illegal possession or use of a firearm;
16
7
Section 985.145(1), F.S.
8
Section 985.135(4), F.S.
9
Section 985.14(2), F.S. The intake process consists of a preliminary screening and may be followed by a comprehensive
assessment, consisting of a full mental health, cognitive impairment, substance abuse, or psychosexual evaluation.
10
Section 985.25(1), F.S.
11
Sections 985.25(1) and 985.245, F.S. Section 985.245, F.S., outlines with whom the Detention Risk Assessment Instrument
must be developed, when and how it must be updated, and what factors the assessment instrument should identify when
evaluating a child to determine whether detention placement is appropriate.
12
Section 985.245(2)(b), F.S.
13
Section 985.25(1), F.S.
14
Section 985.26(2)(a)2., F.S.
15
Section 985.24(1)(a), F.S.
16
Section 985.24(1)(b), F.S. BILL: SB 1274 Page 6
Presents a history of committing a property offense prior to adjudication, disposition, or
placement;
17
Has committed contempt of court by:
o Intentionally disrupting the administration of the court;
o Intentionally disobeying a court order; or
o Engaging in a punishable act or speech in the court’s presence which shows disrespect for
the authority and dignity of the court;
18
or
Requests protection from imminent bodily harm.
19
Alternative Consequence Component for Violations of Probation
A probation program may also include an alternative consequence component to address
instances in which a child is noncompliant with technical conditions of his or her probation but
has not committed any new violations of law. Each judicial circuit shall develop, in consultation
with judges, the state attorney, the public defender, the regional counsel, relevant law
enforcement agencies, and the DJJ, a written plan specifying the alternative consequence
component which must be based upon the principle that sanctions must reflect the seriousness of
the violation, the assessed criminogenic needs and risks of the child, the child’s age and maturity
level, and how effective the sanction or incentive will be in moving the child to compliant
behavior. The alternative consequence component is designed to provide swift and appropriate
consequences or incentives to a child who is alleged to be noncompliant with or in violation of
probation. If the probation program includes this component, specific consequences that apply to
noncompliance with specific technical conditions of probation, as well as incentives used to
move the child toward compliant behavior, must be detailed in the disposition order.
20
If a youth is noncompliant with technical conditions of his or her probation, but has not
committed any new violations of law the court may specify in the disposition order that the
Juvenile Probation Officer may access a local alternative consequence program for youth with
technical conditions of probation.
21
Post Commitment Probation/Conditional Release
After release from a residential commitment program, a youth can be placed on post-
commitment probation (PCP),
22,23
conditional release (CR),
24
or be directly released.
17
Section 985.24(1)(c), F.S.
18
Section 985.24(1)(d), F.S.
19
Section 985.24(1)(e), F.S.
20
Section 985.435(4), F.S.
21
Id.
22
Florida Administrative Code 63T.1.002 - Post-Commitment Probation (PCP) – Assessment and intervention services
provided to youth who are released from residential commitment programs. Under the legal status of post-commitment
probation, the youth is legally transferred from commitment status to probation status, and is subject to court-ordered
sanctions.
23
Section 985.439, F.S.
24
Section 985.46(1)(a), F.S., “Conditional Release” is the care, treatment, help, supervision, and provision of transition-to-
adulthood services to juveniles released from residential commitment programs to promote rehabilitation and prevent
recidivism. BILL: SB 1274 Page 7
Conditional Release is designed to provide monitoring and services to those youth who are
transitioning back to the community after being in a residential program. These youth have
court-ordered sanctions and services that they must complete. Youth on Probation or Conditional
Release may be ordered by the Court (or referred by the DJJ) to attend a Day Treatment program
while they are being supervised. Day Treatment programs provide additional monitoring of
youth and typically offer an alternative educational setting. They also provide additional
services, such as anger management classes, social skills building, and substance abuse
education.
25
Minor in Possession of a Firearm
The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or
devices, by any minor under the age of 16 years is prohibited unless such use is under the
supervision and in the presence of an adult who is acting with the consent of the minor’s
parent.
26
A minor who violates subsection (3) commits a misdemeanor of the first degree;
27
for a
first offense, may serve a period of detention of up to 5 days in a secure detention facility; and, in
addition to any other penalty provided by law, shall be required to perform 100 hours of
community service;
28
and:
If the minor is eligible by reason of age for a driver license or driving privilege, the court
may direct the DHSMV to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year.
29
If the minor’s driver license or driving privilege is under suspension or revocation for any
reason, the court may direct the DHSMV to extend the period of suspension or revocation by
an additional period of up to 1 year.
30
If the minor is ineligible by reason of age for a driver license or driving privilege, the court
may direct the DHSMV to withhold issuance of the minor’s driver license or driving
privilege for up to 1 year after the date on which the minor would otherwise have become
eligible.
31
Contraband
Except as authorized through program policy or operating procedure or as authorized by the
facility superintendent, program director, or manager, a person may not introduce into or upon
the grounds of a juvenile detention facility or commitment program, or take or send, or attempt
to take or send, from a juvenile detention facility or commitment program, any of the following
articles, which are declared to be contraband under this section:
32
Any unauthorized article of food or clothing.
Any intoxicating beverage or any beverage that causes or may cause an intoxicating effect.
25
Florida Department of Juvenile Justice, Probation & Community Intervention Overview, available at
https://www.djj.state.fl.us/services/probation-community-intervention (last visited January 16, 2024).
26
Section 790.22(1), F.S.
27
Section 790.22 (3), F.S.
28
Section 790.22(5)(a), F.S.
29
Section 790.22(5)(a)1., F.S.
30
Section 790.22(5)(a)2., F.S.
31
Section 790.22(5)(a)3., F.S.
32
Section 985.711(1)(a), F.S. BILL: SB 1274 Page 8
Any controlled substance as defined in s. 893.02(4), F.S., marijuana as defined in s. 381.986,
F.S., hemp as defined in s. 581.217, F.S., industrial hemp as defined in s. 1004.4473, F.S., or
any prescription or nonprescription drug that has a hypnotic, stimulating, or depressing
effect.
Any firearm or weapon of any kind or any explosive substance.
Any cellular telephone or other portable communication device as described in
s. 944.47(1)(a)6., F.S., intentionally and unlawfully introduced inside the secure perimeter of
any juvenile detention facility or commitment program. As used in this subparagraph, the
term “portable communication device” does not include any device that has communication
capabilities which has been approved or issued by the facility superintendent, program
director, or manager.
Any vapor-generating electronic device as defined in s. 386.203, F.S., intentionally and
unlawfully introduced inside the secure perimeter of any juvenile detention facility or
commitment program.
A person may not transmit contraband to, cause contraband to be transmitted to or received by,
attempt to transmit contraband to, or attempt to cause contraband to be transmitted to or received
by, a juvenile offender into or upon the grounds of a juvenile detention facility or commitment
program, except as authorized through program policy or operating procedures or as authorized
by the facility superintendent, program director, or manager.
33
III. Effect of Proposed Changes:
The bill amends multiple sections throughout ch. 985, F.S., to remove post commitment
probation. Under the bill, a child must be placed on conditional release following commitment to
a DJJ program, or may be directly released from such program.
The bill amends s. 790.115, F.S., to remove a provision requiring secure detention for any minor
under 18 years of age who is charged with possessing or discharging a firearm on school
property unless the state attorney authorizes the release of the minor.
The bill amends s. 790.22, F.S., to:
Increase penalties for minors committing specified firearms violations from a first-degree
misdemeanor to a third-degree felony. Penalties for a first offense include that the minor
shall serve 5 days in secure detention.
The bill permits a minor to perform 100 hours of paid work in lieu of 100 hours of
community service, if such work is approved by the DJJ.
Provide that for a second violation a minor shall serve 21 days in a secure detention facility.
Provide that for a third or subsequent violation, a minor shall be adjudicated delinquent and
admitted to a residential program.
Permit the court to direct the DHSMV to revoke or withhold issuance of the minor’s driver
license or driving privilege for up to 1 year for a first offense and up to 2 years for a second
or subsequent offense.
33
Section 985.711(1)(b), F.S. BILL: SB 1274 Page 9
Permit the court to direct the DHSMV to extend the period of suspension or revocation if a
minor’s driver’s license is under suspension for a first offense and up to 2 years for a second
or subsequent offense.
Permit the court to direct the DHSMV to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year after the date on which the minor would otherwise have
become eligible for a first offense and up to 2 years for a second or subsequent offense.
Remove provisions requiring secure detention for minors charged with or convicted of
certain firearm offenses.
The bill amends s. 985.101, F.S., to remove a provision that a child may be taken into custody by
a law enforcement officer who has probable cause to believe the child is in violation of the
conditions of the child’s postcommitment probation.
The bill amends s. 985.12, F.S., to:
Redesignate civil citation programs as prearrest delinquency citation programs.
Prohibit delinquency citations from being issued for firearm-related offenses.
Provide that each judicial circuit much specify classes established by the DJJ or delinquency
citation entity.
Provide that a civil citation or similar prearrest diversion program existing before July 1,
2024, must be deemed a delinquency citation program authorized by s. 985.101, F.S., if the
civil citation or similar prearrest diversion program has been approved by the state attorney
of the circuit and it complies with the statutory requirements.
The bill amends s. 985.125, F.S., removing references to prearrest diversion programs. The bill
provides that school districts are prohibited from operating a postarrest diversion program.
The bill amends s. 985.126, F.S., to:
Require each law enforcement agency shall submit to the DJJ data for every youth charged
for the first time, who is charged with a misdemeanor.
Require that the DJJ shall provide a quarterly report to be published on its website and
distributed to the Governor, President of the Senate, and Speaker of the House of
Representatives listing the entities that use delinquency citations for less than 70 percent of
first-time misdemeanor offenses.
The bill amends s. 985.245, F.S., to make conforming changes to provisions by removing
reference to the post-commitment.
The bill amends s. 985.25, F.S., requiring that youths arrested for violating the terms of his or her
electronic monitoring supervision or his or her supervised release shall be placed in secure
detention until a detention hearing.
The bill also provides that a child on probation for an underlying felony firearm offense who is
taken into custody under s. 985.101, F.S., for violating conditions of probation not involving a
new law violation shall be held in secure detention to allow the state attorney to review the
violation. If within 21 days, the state attorney notifies the court that commitment will be sought,
then the child shall remain in secure detention pending proceedings under s. 985.439, F.S., until BILL: SB 1274 Page 10
the initial 21-day period of secure detention has expired. Upon motion of the state attorney, the
child may be held for an additional 21-day period if the court finds that the totality of the
circumstances, including the preservation of public safety, warrants such extension.
The bill amends s. 985.255, F.S., to:
Provide that the court has the authority to depart from the detention risk assessment
instrument and order a placement more or less restrictive than what the risk assessment
recommends.
Provide that when the court finds probable cause at the detention hearing that the child
committed one or more specified offenses then there is a presumption that the child is at risk
to public safety and a danger to the community and such child must be held in secure
detention prior to an adjudicatory hearing. Specific offenses include:
o Murder (1st degree and 2nd degree).
o Armed robbery involving the use/possession of a firearm.
o Armed carjacking involving the use/possession of a firearm.
o Having a firearm while committing a felony.
o Armed burglary involving the use/possession of a firearm.
o Delinquent in possession of a firearm.
o Attempt to commit any of the above-listed offenses.
Provide requirements for release of a child from secure detention based upon clear and
convincing evidence of why the child does not present a risk to public safety or a danger to
the community, and provide that the child shall be placed on supervised release detention
care with electronic monitoring until the child’s adjudicatory hearing.
Provide that the court must provide a copy of the written notice to the victim, the arresting
agency, and the law enforcement agency with primary jurisdiction over the youth’s residence
for any youth released on supervised release under these circumstances.
The bill amends s. 985.26, F.S., to:
Provide that the court may order a minor to be held in secure detention beyond 21 days based
on the nature of the charge under specified circumstances, including if the child is held for
offenses listed in s. 985.255(1)(g), F.S. There is a presumption that the child is a risk to
public safety and a danger to the community if he or she were place on supervised release
detention care.
Provide that the court may release a child from secure detention based on clear and
convincing evidence that the child does not present a risk to public safety or a danger to the
community. If the court releases the child to supervised release detention care, the court must
provide a copy of the written notice to the victim, and law enforcement agency.
The bill amends s. 985.433, F.S., requiring any youth committed for any offense or attempted
offense involving a firearm be placed on conditional release for at least 1 year after release from
the residential commitment program, with terms of conditional release including electronic
monitoring for the initial six months under terms and conditions set by the DJJ.
The bill provides that for a firearm offense, other than minor possession under s. 790.22(3), F.S.,
if the court decides not to commit the youth to a residential program then the court must order
specified punishments, including in part, 30 days secure detention, 100 hours community service,
and 1 year probation. BILL: SB 1274 Page 11
The bill provides that a child who has previously had adjudication withheld for a specified
offense shall not be eligible for a second or subsequent withhold of adjudication, and must be
committed to a residential program. Specified offenses include:
Armed robbery involving a firearm.
Armed carjacking involving the use or possession of a firearm.
Having a firearm while committing a felony.
Armed burglary involving the use or possession of a firearm.
Delinquent in possession of a firearm.
Any attempt to commit the above listed offenses.
The bill amends s. 985.435, F.S., providing that a probation program must include an alternative
consequences component and such an alternative consequence component must be aligned with
the DJJ’s graduated response matrix as described in s. 985.438, F.S.
The bill creates s. 985.438, F.S., requiring the DJJ to create and administer a statewide graduated
response matrix to hold youths accountable to the term of their court ordered probation and the
terms of their conditional release.
The graduated response matrix shall outline sanctions for youth based on their risk to reoffend
and shall include, but not be limited to:
Increased contacts.
Increased drug tests.
Curfew reductions.
Increased community service.
Additional evaluations.
Addition of electronic monitoring.
The bill amends s. 985.439, F.S., to:
Provide that upon receiving notice of a violation of probation from the DJJ, the state attorney
must file the violation within 5 days or provide in writing to the DJJ and the court a reason as
to why he or she is not filing.
Permit that the DJJ place a youth on electronic monitoring for a violation of probation if it
determines doing so will preserve and protect public safety.
The bill amends s. 985.455, F.S., providing that if the court orders revocation or suspension of a
child’s driver license as part of a disposition, the court may upon finding a compelling
circumstance direct the DHSMV to make an exception to issue the minor a license for driving
privileges restricted to business or employment purposes only.
The bill amends s. 985.46, F.S., revising legislative intent concerning conditional release to
require conditional release after commitment unless the youth is directly released, and include at
a minimum the following conditions:
Participation in the educational program by students of compulsory school attendance age
pursuant to s. 1003.21(1), F.S.
A curfew. BILL: SB 1274 Page 12
A prohibition on contact with victims, co-defendants, or known gang members.
A prohibition on use of controlled substances.
A prohibition on possession of firearms.
The bill provides that a youth who violates the terms of his or her conditional release shall be
assessed using the graduated response matrix as described in s. 985.438, F.S. A youth who fails
to move into compliance shall be recommitted to a residential facility.
The bill amends s. 985.601, F.S., providing that the DJJ shall establish a class focused on the risk
and consequences of youthful firearm offending which shall be provided by the DJJ to any youth
adjudicated or who had adjudication withheld for any offense involving the use or possession of
a firearm.
The bill amends s. 985.711, F.S., revising provisions concerning introduction of contraband into
DJJ facilities providing that a person may not introduce into or upon the grounds of a juvenile
detention facility or commitment program, or take or send, or attempt to take or send, from a
juvenile detention facility or commitment program any of the following articles which are
declared to be contraband as follows:
Food or clothing given or transmitted, or intended to be given or transmitted, to any youth in
a juvenile detention facility or commitment program.
Any currency or coin given or transmitted, to any youth of any juvenile detention facility or
commitment program.
Any cigarettes, or tobacco products, given or intended to be given, to any youth in a juvenile
detention facility or commitment program.
The bill provides that introducing contraband into DJJ facilities is a second degree felony.
The bill amends s. 1002.221, F.S., revising provisions concerning educational records for certain
purposes.
The bill is effective on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: SB 1274 Page 13
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
This bill will have an indeterminate fiscal impact at this time. However, since the bill
could result in additional youth in secure detention, operating costs for non-fiscally
constrained counties could increase in relation to their portion of the annual Detention
Cost Share billings. The impact on expenditures is indeterminate at this time. However,
several provisions within the bill could result in increased operating costs for the
department. While the full fiscal impact would be based on the increased number of
youth served by department program areas due to the statutory changes within the bill,
the current secure detention cost per day for the department is $460.16/youth, and the
average per diem for contracted residential programs is $276/youth for nonsecure
programs and $307/youth for secure programs.
34
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill substantially amends the following sections of the Florida Statutes: 790.115, 790.22,
985.101, 985.12, 985.125, 985.126, 985.245, 985.25, 985.255, 985.26, 985.433, 985.435,
985.438, 985.439, 985.455, 985.46, 985.48, 985.4815, 985.601, 985.711, 1002.221, 943.051,
985.11, and 1006.07.
34
Department of Juvenile Justice, 2024 Agency Legislative Bill Analysis, (January 12, 2024), at 9 (on file with the Senate
Committee on Criminal Justice). BILL: SB 1274 Page 14
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.