Text of FL H 1425 (2024)

HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 1 of 58 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 A bill to be entitled 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 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 2 of 58 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 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.; replacing 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 promotional and educational materials for specified 33 purposes; amending s. 985.664, F.S.; substantially 34 revising provisions relating to juvenile justice 35 circuit advisory boards; amending ss. 985.668 and 36 985.676, F.S.; conforming provisions to changes made 37 by the act; amending s. 1003.51, F.S.; revising 38 provisions concerning education programs for students 39 in Department of Juvenile Justice programs; amending 40 s. 1003.52, F.S.; deleting provisions concerning 41 certain performance measures; deleting provisions 42 concerning CAPE programs; amending s. 1001.42, F.S.; 43 revising a cross-reference; providing an effective 44 date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Paragraph (a) of subsection (2) of section 49 330.41, Florida Statutes, is amended to read: 50 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 3 of 58 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 330.41 Unmanned Aircraft Systems Act.— 51 (2) DEFINITIONS.—As used in this act, the term: 52 (a) "Critical infrastructure facility" means any of the 53 following, if completely enclosed by a fence or other physical 54 barrier that is obviously designed to exclude intruders, or if 55 clearly marked with a sign or signs which indicate that entry is 56 forbidden and which are posted on the property in a manner 57 reasonably likely to come to the attention of intruders: 58 1. A power generation or transmission facility, 59 substation, switching station, or electrical control center. 60 2. A chemical or rubber manufacturing or storage facility. 61 3. A water intake structure, water treatment facility, 62 wastewater treatment plant, or pump station. 63 4. A mining facility. 64 5. A natural gas or compressed gas compressor station, 65 storage facility, or natural gas or compressed gas pipeline. 66 6. A liquid natural gas or propane gas terminal or storage 67 facility. 68 7. Any portion of an aboveground oil or gas pipeline. 69 8. A refinery. 70 9. A gas processing plant, including a plant used in the 71 processing, treatment, or fractionation of natural gas. 72 10. A wireless communications facility, including the 73 tower, antennae, support structures, and all associated ground- 74 based equipment. 75 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 4 of 58 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 11. A seaport as listed in s. 311.09(1), which need not be 76 completely enclosed by a fence or other physical barrier and 77 need not be marked with a sign or signs indicating that entry is 78 forbidden. 79 12. An inland port or other facility or group of 80 facilities serving as a point of intermodal transfer of freight 81 in a specific area physically separated from a seaport. 82 13. An airport as defined in s. 330.27. 83 14. A spaceport territory as defined in s. 331.303(18). 84 15. A military installation as defined in 10 U.S.C. s. 85 2801(c)(4) and an armory as defined in s. 250.01. 86 16. A dam as defined in s. 373.403(1) or other structures, 87 such as locks, floodgates, or dikes, which are designed to 88 maintain or control the level of navigable waterways. 89 17. A state correctional institution as defined in s. 90 944.02 or a private correctional facility authorized under 91 chapter 957. 92 18. A secure detention center or facility as defined in s. 93 985.03, or a moderate-risk nonsecure residential facility, a 94 high-risk residential facility, or a maximum-risk residential 95 facility as those terms are described in s. 985.03(44). 96 19. A county detention facility as defined in s. 951.23. 97 20. A critical infrastructure facility as defined in s. 98 692.201. 99 Section 2. Paragraph (d) is added to subsection (4) of 100 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 5 of 58 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 section 381.887, Florida Statutes, to read: 101 381.887 Emergency treatment for suspected opioid 102 overdose.— 103 (4) The following persons are authorized to possess, 104 store, and administer emergency opioid antagonists as clinically 105 indicated and are immune from any civil liability or criminal 106 liability as a result of administering an emergency opioid 107 antagonist: 108 (d) Personnel of the Department of Juvenile Justice and of 109 any contracted provider with direct contact with youth 110 authorized under chapters 984 and 985. 111 Section 3. Paragraphs (c) and (j) of subsection (3), 112 paragraph (a) of subsection (10), and paragraph (f) of 113 subsection (12) of section 553.865, Florida Statutes, are 114 amended to read: 115 553.865 Private spaces.— 116 (3) As used in this section, the term: 117 (c) "Covered entity" means any: 118 1. Correctional institution; 119 2. Detention facility; 120 3. Educational institution; 121 4. Maximum risk residential facility Juvenile correctional 122 facility or juvenile prison as described in s. 985.465, any 123 detention center or facility designated by the Department of 124 Juvenile Justice to provide secure detention as defined in s. 125 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 6 of 58 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 985.03(18)(a), and any facility used for a residential program 126 as described in s. 985.03(44) 985.03(44)(b), (c), or (d); or 127 5. Public building. 128 (j) "Public building" means a building comfort-conditioned 129 for occupancy which is owned or leased by the state, a state 130 agency, or a political subdivision. The term does not include a 131 correctional institution, a detention facility, an educational 132 institution, a maximum risk residential facility juvenile 133 correctional facility or juvenile prison as described in s. 134 985.465, a detention center or facility designated by the 135 Department of Juvenile Justice to provide secure detention as 136 defined in s. 985.03(18)(a), or any facility used for a 137 residential program as described in s. 985.03(44) 985.03(44)(b), 138 (c), or (d). 139 (10)(a) Each maximum risk residential facility juvenile 140 correctional facility or juvenile prison as described in s. 141 985.465, each detention center or facility designated by the 142 Department of Juvenile Justice to provide secure detention as 143 defined in s. 985.03(18)(a), and each facility used for a 144 residential program as described in s. 985.03(44) 985.03(44)(b), 145 (c), or (d) shall establish disciplinary procedures for any 146 juvenile as defined in s. 985.03(7) who willfully enters, for a 147 purpose other than those listed in subsection (6), a restroom or 148 changing facility designated for the opposite sex in such 149 maximum risk residential facility juvenile correctional 150 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 7 of 58 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 facility, juvenile prison, secure detention center or facility, 151 or residential program facility and refuses to depart when asked 152 to do so by delinquency program staff, detention staff, or 153 residential program staff. 154 (12) A covered entity that is: 155 (f) A maximum risk residential facility juvenile 156 correctional facility or juvenile prison as described in s. 157 985.465, a detention center or facility designated by the 158 Department of Juvenile Justice to provide secure detention as 159 defined in s. 985.03(18)(a), or a facility used for a 160 residential program as described in s. 985.03(44) 985.03(44)(b), 161 (c), or (d) shall submit documentation to the Department of 162 Juvenile Justice regarding compliance with subsections (4) and 163 (5), as applicable, within 1 year after being established or, if 164 such institution or facility was established before July 1, 165 2023, no later than April 1, 2024. 166 Section 4. Paragraph (c) of subsection (4) of section 167 790.22, Florida Statutes, is amended to read: 168 790.22 Use of BB guns, air or gas-operated guns, or 169 electric weapons or devices by minor under 16; limitation; 170 possession of firearms by minor under 18 prohibited; penalties.— 171 (4) 172 (c) The juvenile justice circuit advisory boards or the 173 Department of Juvenile Justice shall establish appropriate 174 community service programs to be available to the alternative 175 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 8 of 58 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 sanctions coordinators of the circuit courts in implementing 176 this subsection. The boards or department shall propose the 177 implementation of a community service program in each circuit, 178 and may submit a circuit plan, to be implemented upon approval 179 of the circuit alternative sanctions coordinator. 180 Section 5. Subsection (4) of section 938.17, Florida 181 Statutes, is amended to read: 182 938.17 County delinquency prevention; juvenile assessment 183 centers and school board suspension programs.— 184 (4) A sheriff's office that receives proceeds pursuant to 185 s. 939.185 shall account for all funds annually by August 1 in a 186 written report to the Department of Juvenile Justice juvenile 187 justice circuit advisory board if funds are used for assessment 188 centers, and to the district school board if funds are used for 189 suspension programs. 190 Section 6. Subsection (1) of section 943.0515, Florida 191 Statutes, is amended to read: 192 943.0515 Retention of criminal history records of minors.— 193 (1)(a) The Criminal Justice Information Program shall 194 retain the criminal history record of a minor who is classified 195 as a serious or habitual juvenile offender or committed to a 196 maximum risk residential facility juvenile correctional facility 197 or juvenile prison under chapter 985 for 5 years after the date 198 the offender reaches 21 years of age, at which time the record 199 shall be expunged unless it meets the criteria of paragraph 200 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 9 of 58 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 (2)(a) or paragraph (2)(b). 201 (b)1. If the minor is not classified as a serious or 202 habitual juvenile offender or committed to a maximum risk 203 residential facility juvenile correctional facility or juvenile 204 prison under chapter 985, the program shall retain the minor's 205 criminal history record for 2 years after the date the minor 206 reaches 19 years of age, at which time the record shall be 207 expunged unless it meets the criteria of paragraph (2)(a) or 208 paragraph (2)(b). 209 2. A minor described in subparagraph 1. may apply to the 210 department to have his or her criminal history record expunged 211 before the minor reaches 21 years of age. To be eligible for 212 expunction under this subparagraph, the minor must be 18 years 213 of age or older and less than 21 years of age and have not been 214 charged by the state attorney with or found to have committed 215 any criminal offense within the 5-year period before the 216 application date. The only offenses eligible to be expunged 217 under this subparagraph are those that the minor committed 218 before the minor reached 18 years of age. A criminal history 219 record expunged under this subparagraph requires the approval of 220 the state attorney for each circuit in which an offense 221 specified in the criminal history record occurred. A minor 222 seeking to expunge a criminal history record under this 223 subparagraph shall apply to the department for expunction in the 224 manner prescribed by rule. An application for expunction under 225 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 10 of 58 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 this subparagraph shall include: 226 a. A processing fee of $75 to the department for placement 227 in the Department of Law Enforcement Operating Trust Fund, 228 unless such fee is waived by the executive director. 229 b. A full set of fingerprints of the applicant taken by a 230 law enforcement agency for purposes of identity verification. 231 c. A sworn, written statement from the minor seeking 232 relief that he or she is no longer under court supervision 233 applicable to the disposition of the arrest or alleged criminal 234 activity to which the application to expunge pertains and that 235 he or she has not been charged with or found to have committed a 236 criminal offense, in any jurisdiction of the state or within the 237 United States, within the 5-year period before the application 238 date. A person who knowingly provides false information on the 239 sworn statement required by this sub-subparagraph commits a 240 misdemeanor of the first degree, punishable as provided in s. 241 775.082 or s. 775.083. 242 3. A minor who applies, but who is not approved for early 243 expunction in accordance with subparagraph 2., shall have his or 244 her criminal history record expunged at age 21 if eligible under 245 subparagraph 1. 246 Section 7. Subsection (2) of section 948.51, Florida 247 Statutes, is amended to read: 248 948.51 Community corrections assistance to counties or 249 county consortiums.— 250 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 11 of 58 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 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A 251 county, or a consortium of two or more counties, may contract 252 with the Department of Corrections for community corrections 253 funds as provided in this section. In order to enter into a 254 community corrections partnership contract, a county or county 255 consortium must have a public safety coordinating council 256 established under s. 951.26 and must designate a county officer 257 or agency to be responsible for administering community 258 corrections funds received from the state. The public safety 259 coordinating council shall prepare, develop, and implement a 260 comprehensive public safety plan for the county, or the 261 geographic area represented by the county consortium, and shall 262 submit an annual report to the Department of Corrections 263 concerning the status of the program. In preparing the 264 comprehensive public safety plan, the public safety coordinating 265 council shall cooperate with the Department of Juvenile Justice 266 juvenile justice circuit advisory board established under s. 267 985.664 in order to include programs and services for juveniles 268 in the plan. To be eligible for community corrections funds 269 under the contract, the initial public safety plan must be 270 approved by the governing board of the county, or the governing 271 board of each county within the consortium, and the Secretary of 272 Corrections based on the requirements of this section. If one or 273 more other counties develop a unified public safety plan, the 274 public safety coordinating council shall submit a single 275 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 12 of 58 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 application to the department for funding. Continued contract 276 funding shall be pursuant to subsection (5). The plan for a 277 county or county consortium must cover at least a 5-year period 278 and must include: 279 (a) A description of programs offered for the job 280 placement and treatment of offenders in the community. 281 (b) A specification of community-based intermediate 282 sentencing options to be offered and the types and number of 283 offenders to be included in each program. 284 (c) Specific goals and objectives for reducing the 285 projected percentage of commitments to the state prison system 286 of persons with low total sentencing scores pursuant to the 287 Criminal Punishment Code. 288 (d) Specific evidence of the population status of all 289 programs which are part of the plan, which evidence establishes 290 that such programs do not include offenders who otherwise would 291 have been on a less intensive form of community supervision. 292 (e) The assessment of population status by the public 293 safety coordinating council of all correctional facilities owned 294 or contracted for by the county or by each county within the 295 consortium. 296 (f) The assessment of bed space that is available for 297 substance abuse intervention and treatment programs and the 298 assessment of offenders in need of treatment who are committed 299 to each correctional facility owned or contracted for by the 300 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 13 of 58 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 county or by each county within the consortium. 301 (g) A description of program costs and sources of funds 302 for each community corrections program, including community 303 corrections funds, loans, state assistance, and other financial 304 assistance. 305 Section 8. Paragraph (h) of subsection (1) and subsection 306 (7) of section 985.02, Florida Statutes, are amended to read: 307 985.02 Legislative intent for the juvenile justice 308 system.— 309 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 310 the Legislature that the children of this state be provided with 311 the following protections: 312 (h) Sex-specific Gender-specific programming and sex- 313 specific gender-specific program models and services that 314 comprehensively address the needs of either sex a targeted 315 gender group. 316 (7) SEX-SPECIFIC GENDER-SPECIFIC PROGRAMMING.— 317 (a) The Legislature finds that the needs of children 318 served by the juvenile justice system are sex-specific gender- 319 specific. A sex-specific gender-specific approach is one in 320 which programs, services, and treatments comprehensively address 321 the unique developmental needs of either sex a targeted gender 322 group under the care of the department. Young women and men have 323 different pathways to delinquency, display different patterns of 324 offending, and respond differently to interventions, treatment, 325 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 14 of 58 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 and services. 326 (b) Sex-specific Gender-specific interventions focus on 327 the differences between young females' and young males' social 328 roles and responsibilities, access to and use of resources, 329 history of trauma, and reasons for interaction with the juvenile 330 justice system. Sex-specific Gender-specific programs increase 331 the effectiveness of programs by making interventions more 332 appropriate to the specific needs of young women and men and 333 ensuring that these programs do not unknowingly create, 334 maintain, or reinforce sex gender roles or relations that may be 335 damaging. 336 Section 9. Subsections (46) through (54) of section 337 985.03, Florida Statutes, are renumbered as subsections (47) 338 through (55), respectively, subsections (14) and (44) and 339 present subsection (50) are amended, and a new subsection (46) 340 is added to that section, to read: 341 985.03 Definitions.—As used in this chapter, the term: 342 (14) "Day treatment" means a nonresidential, community- 343 based program designed to provide therapeutic intervention to 344 youth who are served by the department, or placed on probation 345 or conditional release, or committed to the minimum-risk 346 nonresidential level. A day treatment program may provide 347 educational and career and technical education services and 348 shall provide case management services; individual, group, and 349 family counseling; training designed to address delinquency risk 350 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 15 of 58 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 factors; and monitoring of a youth's compliance with, and 351 facilitation of a youth's completion of, sanctions if ordered by 352 the court. Program types may include, but are not limited to, 353 career programs, marine programs, juvenile justice alternative 354 schools, training and rehabilitation programs, and sex-specific 355 gender-specific programs. 356 (44) "Restrictiveness level" means the level of 357 programming and security provided by programs that service the 358 supervision, custody, care, and treatment needs of committed 359 children. Sections 985.601(10) and 985.721 apply to children 360 placed in programs at any residential commitment level. The 361 restrictiveness levels of commitment are as follows: 362 (a) Minimum-risk nonresidential.—Programs or program 363 models at this commitment level work with youth who remain in 364 the community and participate at least 5 days per week in a day 365 treatment program. Youth assessed and classified for programs at 366 this commitment level represent a minimum risk to themselves and 367 public safety and do not require placement and services in 368 residential settings. Youth in this level have full access to, 369 and reside in, the community. Youth who have been found to have 370 committed delinquent acts that involve firearms, that are sexual 371 offenses, or that would be life felonies or first degree 372 felonies if committed by an adult may not be committed to a 373 program at this level. 374 (a)(b) Moderate-risk Nonsecure residential.—Programs or 375 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 16 of 58 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 program models at this commitment level are residential but may 376 allow youth to have supervised access to the community. 377 Facilities at this commitment level are either environmentally 378 secure, staff secure, or are hardware-secure with walls, 379 fencing, or locking doors. Residential facilities at this 380 commitment level shall have no more than 90 beds each, including 381 campus-style programs, unless those campus-style programs 382 include more than one treatment program using different 383 treatment protocols, and have facilities that coexist separately 384 in distinct locations on the same property. Facilities at this 385 commitment level shall provide 24-hour awake supervision, 386 custody, care, and treatment of residents. Youth assessed and 387 classified for placement in programs at this commitment level 388 represent a low or moderate risk to public safety and require 389 close supervision. The staff at a facility at this commitment 390 level may seclude a child who is a physical threat to himself or 391 herself or others. Mechanical restraint may also be used when 392 necessary. 393 (b)(c) High-risk residential.—Programs or program models 394 at this commitment level are residential and do not allow youth 395 to have access to the community, except that temporary release 396 providing community access for up to 72 continuous hours may be 397 approved by a court for a youth who has made successful progress 398 in his or her program in order for the youth to attend a family 399 emergency or, during the final 60 days of his or her placement, 400 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 17 of 58 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 to visit his or her home, enroll in school or a career and 401 technical education program, complete a job interview, or 402 participate in a community service project. High-risk 403 residential facilities are hardware-secure with perimeter 404 fencing and locking doors. Residential facilities at this 405 commitment level shall have no more than 90 beds each, including 406 campus-style programs, unless those campus-style programs 407 include more than one treatment program using different 408 treatment protocols, and have facilities that coexist separately 409 in distinct locations on the same property. Facilities at this 410 commitment level shall provide 24-hour awake supervision, 411 custody, care, and treatment of residents. Youth assessed and 412 classified for this level of placement require close supervision 413 in a structured residential setting. Placement in programs at 414 this level is prompted by a concern for public safety that 415 outweighs placement in programs at lower commitment levels. The 416 staff at a facility at this commitment level may seclude a child 417 who is a physical threat to himself or herself or others. 418 Mechanical restraint may also be used when necessary. The 419 facility may provide for single cell occupancy, except that 420 youth may be housed together during prerelease transition. 421 (c)(d) Maximum-risk residential.—Programs or program 422 models at this commitment level include juvenile correctional 423 facilities and juvenile prisons. The programs at this commitment 424 level are long-term residential and do not allow youth to have 425 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 18 of 58 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 access to the community. Facilities at this commitment level are 426 maximum-custody, hardware-secure with perimeter security fencing 427 and locking doors. Residential facilities at this commitment 428 level shall have no more than 90 beds each, including campus- 429 style programs, unless those campus-style programs include more 430 than one treatment program using different treatment protocols, 431 and have facilities that coexist separately in distinct 432 locations on the same property. Facilities at this commitment 433 level shall provide 24-hour awake supervision, custody, care, 434 and treatment of residents. The staff at a facility at this 435 commitment level may seclude a child who is a physical threat to 436 himself or herself or others. Mechanical restraint may also be 437 used when necessary. Facilities at this commitment level shall 438 provide for single cell occupancy, except that youth may be 439 housed together during prerelease transition. Youth assessed and 440 classified for this level of placement require close supervision 441 in a maximum security residential setting. Placement in a 442 program at this level is prompted by a demonstrated need to 443 protect the public. 444 (46) "Sex" means has the same meaning as provided in s. 445 553.865(3). 446 (51)(50) "Temporary release" means the terms and 447 conditions under which a child is temporarily released from a 448 residential commitment facility or allowed home visits. If the 449 temporary release is from a moderate-risk nonsecure residential 450 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 19 of 58 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 facility, a high-risk residential facility, or a maximum-risk 451 residential facility, the terms and conditions of the temporary 452 release must be approved by the child, the court, and the 453 facility. 454 Section 10. Paragraph (a) of subsection (1) of section 455 985.039, Florida Statutes, is amended to read: 456 985.039 Cost of supervision; cost of care.— 457 (1) Except as provided in subsection (3) or subsection 458 (4): 459 (a) When any child is placed into supervised release 460 detention, probation, or other supervision status with the 461 department, or is committed to the minimum-risk nonresidential 462 restrictiveness level, the court shall order the parent of such 463 child to pay to the department a fee for the cost of the 464 supervision of such child in the amount of $1 per day for each 465 day that the child is in such status. 466 Section 11. Paragraph (f) of subsection (2) of section 467 985.115, Florida Statutes, is amended to read: 468 985.115 Release or delivery from custody.— 469 (2) Unless otherwise ordered by the court under s. 985.255 470 or s. 985.26, and unless there is a need to hold the child, a 471 person taking a child into custody shall attempt to release the 472 child as follows: 473 (f) If available, to a juvenile assessment center equipped 474 and staffed to assume custody of the child for the purpose of 475 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 20 of 58 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 assessing the needs of the child in custody. The center may then 476 release or deliver the child under this section with a copy of 477 the assessment. A juvenile assessment center is not to be 478 considered a facility that is permitted to receive a child as 479 described in paragraph (c), paragraph (d), or paragraph (e). 480 Section 12. Paragraphs (a) and (b) of subsection (3) and 481 subsection (4) of section 985.126, Florida Statutes, are amended 482 to read: 483 985.126 Diversion programs; data collection; denial of 484 participation or expunged record.— 485 (3)(a) Beginning October 1, 2018, Each diversion program 486 shall submit data to the department which identifies for each 487 minor participating in the diversion program: 488 1. The race, ethnicity, sex gender, and age of that minor. 489 2. The offense committed, including the specific law 490 establishing the offense. 491 3. The judicial circuit and county in which the offense 492 was committed and the law enforcement agency that had contact 493 with the minor for the offense. 494 4. Other demographic information necessary to properly 495 register a case into the Juvenile Justice Information System 496 Prevention Web, as specified by the department. 497 (b) Beginning October 1, 2018, Each law enforcement agency 498 shall submit to the department data that identifies for each 499 minor who was eligible for a diversion program, but was instead 500 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 21 of 58 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 referred to the department, provided a notice to appear, or 501 arrested: 502 1. The data required pursuant to paragraph (a). 503 2. Whether the minor was offered the opportunity to 504 participate in a diversion program. If the minor was: 505 a. Not offered such opportunity, the reason such offer was 506 not made. 507 b. Offered such opportunity, whether the minor or his or 508 her parent or legal guardian declined to participate in the 509 diversion program. 510 (4) Beginning January 1, 2019, The department shall 511 compile and semiannually publish the data required by subsection 512 (3) on the department's website in a format that is, at a 513 minimum, sortable by judicial circuit, county, law enforcement 514 agency, race, ethnicity, sex gender, age, and offense committed. 515 Section 13. Paragraph (a) of subsection (3) of section 516 985.17, Florida Statutes, is amended to read: 517 985.17 Prevention services.— 518 (3) The department's prevention services for youth at risk 519 of becoming delinquent should: 520 (a) Focus on preventing initial or further involvement of 521 such youth in the juvenile justice system by including services 522 such as literacy services, sex-specific gender-specific 523 programming, recreational services, and after-school services, 524 and should include targeted services to troubled, truant, 525 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 22 of 58 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 ungovernable, abused, trafficked, or runaway youth. To decrease 526 the likelihood that a youth will commit a delinquent act, the 527 department should use mentoring and may provide specialized 528 services addressing the strengthening of families, job training, 529 and substance abuse. 530 Section 14. Paragraph (a) of subsection (2) of section 531 985.26, Florida Statutes, is amended to read: 532 985.26 Length of detention.— 533 (2)(a)1. A court may order a child to be placed on 534 supervised release detention care for any time period until an 535 adjudicatory hearing is completed. However, if a child has 536 served 60 days on supervised release detention care, the court 537 must conduct a hearing within 15 days after the 60th day, to 538 determine the need for continued supervised release detention 539 care. At the hearing, and upon good cause being shown that the 540 nature of the charge requires additional time for the 541 prosecution or defense of the case or that the totality of the 542 circumstances, including the preservation of public safety, 543 warrants an extension, the court may order the child to remain 544 on supervised release detention care until the adjudicatory 545 hearing is completed. 546 2. Except as provided in paragraph (b) or paragraph (c), a 547 child may not be held in secure detention care under a special 548 detention order for more than 21 days unless an adjudicatory 549 hearing for the case has been commenced in good faith by the 550 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 23 of 58 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 court. 551 3. This section does not prohibit a court from 552 transitioning a child to and from secure detention care and 553 supervised release detention care, including electronic 554 monitoring, when the court finds such a placement necessary, or 555 no longer necessary, to preserve public safety or to ensure the 556 child's safety, appearance in court, or compliance with a court 557 order. Such transfer may be upon the court's own motion, or upon 558 motion of the child or the state, and after considering any 559 information provided by the department regarding the child's 560 adjustment to detention supervision. Each period of secure 561 detention care or supervised release detention care counts 562 toward the time limitations in this subsection whether served 563 consecutively or nonconsecutively. 564 Section 15. Section 985.27, Florida Statutes, is amended 565 to read: 566 985.27 Postdisposition detention while awaiting 567 residential commitment placement.—The court must place all 568 children who are adjudicated and awaiting placement in a 569 moderate-risk nonsecure, high-risk, or maximum-risk residential 570 commitment program in secure detention care until the placement 571 or commitment is accomplished. 572 Section 16. Subsection (2) of section 985.441, Florida 573 Statutes, is amended to read: 574 985.441 Commitment.— 575 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 24 of 58 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 (2) Notwithstanding subsection (1), the court having 576 jurisdiction over an adjudicated delinquent child whose offense 577 is a misdemeanor, or a child who is currently on probation for a 578 misdemeanor, may not commit the child for any misdemeanor 579 offense or any probation violation that is technical in nature 580 and not a new violation of law at a restrictiveness level other 581 than minimum-risk nonresidential. However, the court may commit 582 such child to a moderate-risk nonsecure residential placement 583 if: 584 (a) The child has previously been adjudicated or had 585 adjudication withheld for a felony offense; 586 (b) The child has previously been adjudicated or had 587 adjudication withheld for three or more misdemeanor offenses 588 within the previous 18 months; 589 (c) The child is before the court for disposition for a 590 violation of s. 800.03, s. 806.031, or s. 828.12; or 591 (d) The court finds by a preponderance of the evidence 592 that the protection of the public requires such placement or 593 that the particular needs of the child would be best served by 594 such placement. Such finding must be in writing. 595 Section 17. Subsection (3) of section 985.455, Florida 596 Statutes, is amended to read: 597 985.455 Other dispositional issues.— 598 (3) Any commitment of a delinquent child to the department 599 must be for an indeterminate period of time, which may include 600 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 25 of 58 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 periods of temporary release; however, the period of time may 601 not exceed the maximum term of imprisonment that an adult may 602 serve for the same offense, except that the duration of a 603 minimum-risk nonresidential commitment for an offense that is a 604 misdemeanor of the second degree, or is equivalent to a 605 misdemeanor of the second degree, may be for a period not to 606 exceed 6 months. The duration of the child's placement in a 607 commitment program of any restrictiveness level shall be based 608 on objective performance-based treatment planning. The child's 609 treatment plan progress and adjustment-related issues shall be 610 reported to the court quarterly, unless the court requests 611 monthly reports. If the child is under the jurisdiction of a 612 dependency court, the court may receive and consider any 613 information provided by the Guardian Ad Litem Program or the 614 child's attorney ad litem, if appointed. The child's length of 615 stay in a commitment program may be extended if the child fails 616 to comply with or participate in treatment activities. The 617 child's length of stay in the program shall not be extended for 618 purposes of sanction or punishment. Any temporary release from 619 such program must be approved by the court. Any child so 620 committed may be discharged from institutional confinement or a 621 program upon the direction of the department with the 622 concurrence of the court. The child's treatment plan progress 623 and adjustment-related issues must be communicated to the court 624 at the time the department requests the court to consider 625 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 26 of 58 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 releasing the child from the commitment program. The department 626 shall give the court that committed the child to the department 627 reasonable notice, in writing, of its desire to discharge the 628 child from a commitment facility. The court that committed the 629 child may thereafter accept or reject the request. If the court 630 does not respond within 10 days after receipt of the notice, the 631 request of the department shall be deemed granted. This section 632 does not limit the department's authority to revoke a child's 633 temporary release status and return the child to a commitment 634 facility for any violation of the terms and conditions of the 635 temporary release. 636 Section 18. Section 985.465, Florida Statutes, is amended 637 to read: 638 985.465 Maximum-risk residential facilities Juvenile 639 correctional facilities or juvenile prison.—A maximum risk 640 facility juvenile correctional facility or juvenile prison is a 641 physically secure residential commitment program with a 642 designated length of stay from 18 months to 36 months, primarily 643 serving children 13 years of age to 19 years of age or until the 644 jurisdiction of the court expires. Each child committed to this 645 level must meet one of the following criteria: 646 (1) The child is at least 13 years of age at the time of 647 the disposition for the current offense and has been adjudicated 648 on the current offense for: 649 (a) Arson; 650 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 27 of 58 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 (b) Sexual battery; 651 (c) Robbery; 652 (d) Kidnapping; 653 (e) Aggravated child abuse; 654 (f) Aggravated assault; 655 (g) Aggravated stalking; 656 (h) Murder; 657 (i) Manslaughter; 658 (j) Unlawful throwing, placing, or discharging of a 659 destructive device or bomb; 660 (k) Armed burglary; 661 (l) Aggravated battery; 662 (m) Carjacking; 663 (n) Home-invasion robbery; 664 (o) Burglary with an assault or battery; 665 (p) Any lewd or lascivious offense committed upon or in 666 the presence of a person less than 16 years of age; or 667 (q) Carrying, displaying, using, threatening to use, or 668 attempting to use a weapon or firearm during the commission of a 669 felony. 670 (2) The child is at least 13 years of age at the time of 671 the disposition, the current offense is a felony, and the child 672 has previously been committed three or more times to a 673 delinquency commitment program. 674 (3) The child is at least 13 years of age and is currently 675 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 28 of 58 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 committed for a felony offense and transferred from a moderate- 676 risk or high-risk residential commitment placement. 677 (4) The child is at least 13 years of age at the time of 678 the disposition for the current offense, the child is eligible 679 for prosecution as an adult for the current offense, and the 680 current offense is ranked at level 7 or higher on the Criminal 681 Punishment Code offense severity ranking chart pursuant to s. 682 921.0022. 683 Section 19. Subsection (12) is added to section 985.601, 684 Florida Statutes, and paragraph (a) of subsection (3) of that 685 section is amended, to read: 686 985.601 Administering the juvenile justice continuum.— 687 (3)(a) The department shall develop or contract for 688 diversified and innovative programs to provide rehabilitative 689 treatment, including early intervention and prevention, 690 diversion, comprehensive intake, case management, diagnostic and 691 classification assessments, trauma-informed care, individual and 692 family counseling, family engagement resources and programs, 693 sex-specific gender-specific programming, shelter care, 694 diversified detention care emphasizing alternatives to secure 695 detention, diversified probation, halfway houses, foster homes, 696 community-based substance abuse treatment services, community- 697 based mental health treatment services, community-based 698 residential and nonresidential programs, mother-infant programs, 699 and environmental programs. The department may pay expenses in 700 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 29 of 58 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 support of innovative programs and activities that address 701 identified needs and the well-being of children in the 702 department's care or under its supervision, subject to the 703 requirements of chapters 215, 216, and 287. Each program shall 704 place particular emphasis on reintegration and conditional 705 release for all children in the program. 706 (12) The department may use state or federal funds to 707 purchase and distribute promotional and educational materials 708 consistent with the dignity and integrity of the state for the 709 purposes of: 710 (a) Educating youth and families about the juvenile 711 justice continuum, including local prevention programs or 712 community services available for participation or enrollment. 713 (b) Staff recruitment at job fairs, career fairs, 714 community events, and technical education program, community 715 college, or state college campuses. 716 (c) Educating youth and families on youth-specific public 717 safety issues, including, but not limited to, safe storage of 718 adult-owned firearms, consequences of youth firearm offenses, 719 human trafficking, and drug and alcohol abuse. 720 Section 20. Section 985.664, Florida Statutes, is amended 721 to read: 722 985.664 Juvenile justice circuit advisory boards.— 723 (1) Each circuit shall have a juvenile justice circuit 724 advisory board. The board shall work with the chief probation 725 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 30 of 58 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 officer of the circuit to use data to inform policy and practice 726 which improves the juvenile justice continuum. 727 (1) There is authorized a juvenile justice circuit 728 advisory board to be established in each of the 20 judicial 729 circuits. Except in single-county circuits, each juvenile 730 justice circuit advisory board shall have a county organization 731 representing each of the counties in the circuit. The county 732 organization shall report directly to the juvenile justice 733 circuit advisory board on the juvenile justice needs of the 734 county. The purpose of each juvenile justice circuit advisory 735 board is to provide advice and direction to the department in 736 the development and implementation of juvenile justice programs 737 and to work collaboratively with the department in seeking 738 program improvements and policy changes to address the emerging 739 and changing needs of Florida's youth who are at risk of 740 delinquency. 741 (2) The duties and responsibilities of a juvenile justice 742 circuit advisory board include, but are not limited to: 743 (a) Developing a comprehensive plan for the circuit. The 744 initial circuit plan shall be submitted to the department no 745 later than December 31, 2014, and no later than June 30 every 3 746 years thereafter. The department shall prescribe a format and 747 content requirements for the submission of the comprehensive 748 plan. 749 (b) Participating in the facilitation of interagency 750 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 31 of 58 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 cooperation and information sharing. 751 (c) Providing recommendations for public or private grants 752 to be administered by one of the community partners that support 753 one or more components of the comprehensive circuit plan. 754 (d) Providing recommendations to the department in the 755 evaluation of prevention and early intervention grant programs, 756 including the Community Juvenile Justice Partnership Grant 757 program established in s. 985.676 and proceeds from the Invest 758 in Children license plate annual use fees. 759 (e) Providing an annual report to the department 760 describing the board's activities. The department shall 761 prescribe a format and content requirements for submission of 762 annual reports. The annual report must be submitted to the 763 department no later than August 1 of each year. 764 (2)(3) Each juvenile justice circuit advisory board shall 765 have a minimum of 14 16 members. The membership of each board 766 must reflect: 767 (a) The circuit's geography and population distribution. 768 (b) Diversity in the judicial circuit. 769 (3)(4) Each member of the juvenile justice circuit 770 advisory board must be approved by the chief probation officer 771 of the circuit Secretary of Juvenile Justice, except those 772 members listed in paragraphs (a), (b), (c), (e), (f), (g), and 773 (h). Each The juvenile justice circuit advisory board boards 774 established under subsection (1) must include as members: 775 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 32 of 58 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 (a) The state attorney or his or her designee. 776 (b) The public defender or his or her designee. 777 (c) The chief judge or his or her designee. 778 (d) A representative of the corresponding circuit or 779 regional entity of the Department of Children and Families. 780 (e) The sheriff or the sheriff's designee from each county 781 in the circuit. 782 (f) A police chief or his or her designee from each county 783 in the circuit. 784 (g) A county commissioner or his or her designee from each 785 county in the circuit. 786 (h) The superintendent of each school district in the 787 circuit or his or her designee. 788 (i) A representative from the workforce organization of 789 each county in the circuit. 790 (j) A representative of the business community. 791 (k) A youth representative who has had an experience with 792 the juvenile justice system and is not older than 21 years of 793 age. 794 (l) A representative of the faith community. 795 (m) A health services representative who specializes in 796 mental health care, victim-service programs, or victims of 797 crimes. 798 (n) A parent or family member of a youth who has been 799 involved with the juvenile justice system. 800 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 33 of 58 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 (o) Up to three five representatives from the community. 801 any of the following who are not otherwise represented in this 802 subsection: 803 1. Community leaders. 804 2. Youth-serving coalitions. 805 (4) The chief probation officer in each circuit shall 806 serve as the chair of the juvenile justice circuit advisory 807 board for that circuit. 808 (5) When a vacancy in the office of the chair occurs, the 809 juvenile justice circuit advisory board shall appoint a new 810 chair, who must meet the board membership requirements in 811 subsection (4). The chair shall appoint members to vacant seats 812 within 45 days after the vacancy and submit the appointments to 813 the department for approval. The chair shall serve at the 814 pleasure of the Secretary of Juvenile Justice. 815 (6) A member may not serve more than three consecutive 2- 816 year terms, except those members listed in paragraphs (4)(a), 817 (b), (c), (e), (f), (g), and (h). A former member who has not 818 served on the juvenile justice circuit advisory board for 2 819 years is eligible to serve on the juvenile justice circuit 820 advisory board again. 821 (7) At least half of the voting members of the juvenile 822 justice circuit advisory board constitutes a quorum. A quorum 823 must be present in order for the board to vote on a measure or 824 position. 825 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 34 of 58 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 (8) In order for a juvenile justice circuit advisory board 826 measure or position to pass, it must receive more than 50 827 percent of the vote. 828 (9) Each juvenile justice circuit advisory board must 829 provide for the establishment of an executive committee of not 830 more than 10 members. The duties and authority of the executive 831 committee must be addressed in the bylaws. 832 (10) Each juvenile justice circuit advisory board shall 833 have bylaws. The department shall prescribe a format and content 834 requirements for the bylaws. All bylaws must be approved by the 835 department. The bylaws shall address at least the following 836 issues: election or appointment of officers; filling of vacant 837 positions; meeting attendance requirements; and the 838 establishment and duties of an executive committee. 839 (11) Members of juvenile justice circuit advisory boards 840 are subject to part III of chapter 112. 841 Section 21. Paragraph (a) of subsection (1) of section 842 985.668, Florida Statutes, is amended to read: 843 985.668 Innovation zones.—The department shall encourage 844 each of the juvenile justice circuit boards to propose at least 845 one innovation zone within the circuit for the purpose of 846 implementing any experimental, pilot, or demonstration project 847 that furthers the legislatively established goals of the 848 department. An innovation zone is a defined geographic area such 849 as a circuit, commitment region, county, municipality, service 850 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 35 of 58 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 delivery area, school campus, or neighborhood providing a 851 laboratory for the research, development, and testing of the 852 applicability and efficacy of model programs, policy options, 853 and new technologies for the department. 854 (1)(a) The chief probation officer in each circuit 855 juvenile justice circuit board shall submit a proposal for an 856 innovation zone to the secretary. If the purpose of the proposed 857 innovation zone is to demonstrate that specific statutory goals 858 can be achieved more effectively by using procedures that 859 require modification of existing rules, policies, or procedures, 860 the proposal may request the secretary to waive such existing 861 rules, policies, or procedures or to otherwise authorize use of 862 alternative procedures or practices. Waivers of such existing 863 rules, policies, or procedures must comply with applicable state 864 or federal law. 865 Section 22. Subsection (2) of section 985.676, Florida 866 Statutes, is amended to read: 867 985.676 Community juvenile justice partnership grants.— 868 (2) GRANT APPLICATION PROCEDURES.— 869 (a) Each entity wishing to apply for an annual community 870 juvenile justice partnership grant, which may be renewed for a 871 maximum of 2 additional years for the same provision of 872 services, shall submit a grant proposal for funding or continued 873 funding to the department. The department shall establish the 874 grant application procedures. In order to be considered for 875 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 36 of 58 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 funding, the grant proposal shall include the following 876 assurances and information: 877 1. A letter from the chair of the juvenile justice circuit 878 board confirming that the grant application has been reviewed 879 and found to support one or more purposes or goals of the 880 juvenile justice plan as developed by the board. 881 1.2. A rationale and description of the program and the 882 services to be provided, including goals and objectives. 883 2.3. A method for identification of the juveniles most 884 likely to be involved in the juvenile justice system who will be 885 the focus of the program. 886 3.4. Provisions for the participation of parents and 887 guardians in the program. 888 4.5. Coordination with other community-based and social 889 service prevention efforts, including, but not limited to, drug 890 and alcohol abuse prevention and dropout prevention programs, 891 that serve the target population or neighborhood. 892 5.6. An evaluation component to measure the effectiveness 893 of the program in accordance with s. 985.632. 894 6.7. A program budget, including the amount and sources of 895 local cash and in-kind resources committed to the budget. The 896 proposal must establish to the satisfaction of the department 897 that the entity will make a cash or in-kind contribution to the 898 program of a value that is at least equal to 20 percent of the 899 amount of the grant. 900 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 37 of 58 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 7.8. The necessary program staff. 901 (b) The department shall consider the recommendations of 902 community stakeholders the juvenile justice circuit advisory 903 board as to the priority that should be given to proposals 904 submitted by entities within a circuit in awarding such grants. 905 (c) The department shall make available, to anyone wishing 906 to apply for such a grant, information on all of the criteria to 907 be used in the selection of the proposals for funding pursuant 908 to the provisions of this subsection. 909 (d) The department shall review all program proposals 910 submitted. Entities submitting proposals shall be notified of 911 approval not later than June 30 of each year. 912 (e) Each entity that is awarded a grant as provided for in 913 this section shall submit an annual evaluation report to the 914 department and, the circuit juvenile justice manager, and the 915 juvenile justice circuit advisory board, by a date subsequent to 916 the end of the contract period established by the department, 917 documenting the extent to which the program objectives have been 918 met, the effect of the program on the juvenile arrest rate, and 919 any other information required by the department. The department 920 shall coordinate and incorporate all such annual evaluation 921 reports with s. 985.632. Each entity is also subject to a 922 financial audit and a performance audit. 923 (f) The department may establish rules and policy 924 provisions necessary to implement this section. 925 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 38 of 58 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 Section 23. Paragraphs (q), (s), and (t) of subsection (2) 926 section 1003.51, Florida Statutes, are redesignated as 927 paragraphs (p), (q), and (r), respectively, and present 928 paragraphs (g), (h), (p), and (r) of subsection (2) of that 929 section are amended, to read: 930 1003.51 Other public educational services.— 931 (2) The State Board of Education shall adopt rules 932 articulating expectations for effective education programs for 933 students in Department of Juvenile Justice programs, including, 934 but not limited to, education programs in juvenile justice 935 prevention, day treatment, residential, and detention programs. 936 The rule shall establish policies and standards for education 937 programs for students in Department of Juvenile Justice programs 938 and shall include the following: 939 (g) Assessment procedures, which: 940 1. For prevention and, day treatment, and residential 941 programs, include appropriate academic and career assessments 942 administered at program entry and exit that are selected by the 943 Department of Education in partnership with representatives from 944 the Department of Juvenile Justice, district school boards, and 945 education providers. Assessments must be completed within the 946 first 10 school days after a student's entry into the program. 947 2. Provide for determination of the areas of academic need 948 and strategies for appropriate intervention and instruction for 949 each student in a detention facility within 5 school days after 950 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 39 of 58 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 the student's entry into the program and administer a research- 951 based assessment that will assist the student in determining his 952 or her educational and career options and goals within 22 school 953 days after the student's entry into the program. 954 955 The results of these assessments, together with a portfolio 956 depicting the student's academic and career accomplishments, 957 shall be included in the discharge packet assembled for each 958 student. 959 (h) Recommended instructional programs, including, but not 960 limited to: 961 1. Secondary education. 962 2. High school equivalency examination preparation. 963 3. Postsecondary education. 964 4. Career and professional education (CAPE). 965 5. Job preparation. 966 6. Virtual education that: 967 a. Provides competency-based instruction that addresses 968 the unique academic needs of the student through delivery by an 969 entity accredited by an accrediting body approved by the 970 Department of Education AdvanceED or the Southern Association of 971 Colleges and Schools. 972 b. Confers certifications and diplomas. 973 c. Issues credit that articulates with and transcripts 974 that are recognized by secondary schools. 975 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 40 of 58 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 d. Allows the student to continue to access and progress 976 through the program once the student leaves the juvenile justice 977 system. 978 (p) Performance expectations for providers and district 979 school boards, including student performance measures by type of 980 program, education program performance ratings, school 981 improvement, and corrective action plans for low-performing 982 programs. 983 (r) A series of graduated sanctions for district school 984 boards whose educational programs in Department of Juvenile 985 Justice programs are considered to be unsatisfactory and for 986 instances in which district school boards fail to meet standards 987 prescribed by law, rule, or State Board of Education policy. 988 These sanctions shall include the option of requiring a district 989 school board to contract with a provider or another district 990 school board if the educational program at the Department of 991 Juvenile Justice program is performing below minimum standards 992 and, after 6 months, is still performing below minimum 993 standards. 994 Section 24. Section 1003.52, Florida Statutes, is amended 995 to read: 996 1003.52 Educational services in Department of Juvenile 997 Justice programs.— 998 (1) The Department of Education shall serve as the lead 999 agency for juvenile justice education programs, curriculum, 1000 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 41 of 58 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 support services, and resources. To this end, the Department of 1001 Education and the Department of Juvenile Justice shall each 1002 designate a Coordinator for Juvenile Justice Education Programs 1003 to serve as the point of contact for resolving issues not 1004 addressed by district school boards and to provide each 1005 department's participation in the following activities: 1006 (a) Training, collaborating, and coordinating with 1007 district school boards, local workforce development boards, and 1008 local youth councils, educational contract providers, and 1009 juvenile justice providers, whether state operated or 1010 contracted. 1011 (b) Collecting information on the academic, career and 1012 technical professional education (CAPE), and transition 1013 performance of students in juvenile justice programs and 1014 reporting on the results. 1015 (c) Developing academic and career and technical education 1016 CAPE protocols that provide guidance to district school boards 1017 and juvenile justice education providers in all aspects of 1018 education programming, including records transfer and 1019 transition. 1020 (d) Implementing a joint accountability, program 1021 performance, and program improvement process. 1022 1023 Annually, a cooperative agreement and plan for juvenile justice 1024 education service enhancement shall be developed between the 1025 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 42 of 58 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 Department of Juvenile Justice and the Department of Education 1026 and submitted to the Secretary of Juvenile Justice and the 1027 Commissioner of Education by June 30. The plan shall include, at 1028 a minimum, each agency's role regarding educational program 1029 accountability, technical assistance, training, and coordination 1030 of services. 1031 (2) Students participating in Department of Juvenile 1032 Justice education programs pursuant to chapter 985 which are 1033 sponsored by a community-based agency or are operated or 1034 contracted for by the Department of Juvenile Justice shall 1035 receive education programs according to rules of the State Board 1036 of Education. These students shall be eligible for services 1037 afforded to students enrolled in programs pursuant to s. 1003.53 1038 and all corresponding State Board of Education rules. 1039 (3) The district school board of the county in which the 1040 juvenile justice education prevention, day treatment, 1041 residential, or detention program is located shall provide or 1042 contract for appropriate educational assessments and an 1043 appropriate program of instruction and special education 1044 services. 1045 (a) All contracts between a district school board desiring 1046 to contract directly with juvenile justice education programs to 1047 provide academic instruction for students in such programs must 1048 be in writing. Unless both parties agree to an extension of 1049 time, the district school board and the juvenile justice 1050 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 43 of 58 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 education program shall negotiate and execute a new or renewal 1051 contract within 40 days after the district school board provides 1052 the proposal to the juvenile justice education program. The 1053 Department of Education shall provide mediation services for any 1054 disputes relating to this paragraph. 1055 (b) District school boards shall satisfy invoices issued 1056 by juvenile justice education programs within 15 working days 1057 after receipt. If a district school board does not timely issue 1058 a warrant for payment, it must pay to the juvenile justice 1059 education program interest at a rate of 1 percent per month, 1060 calculated on a daily basis, on the unpaid balance until such 1061 time as a warrant is issued for the invoice and accrued interest 1062 amount. The district school board may not delay payment to a 1063 juvenile justice education program of any portion of funds owed 1064 pending the district's receipt of local funds. 1065 (c) The district school board shall make provisions for 1066 each student to participate in basic career and technical 1067 education, CAPE, and exceptional student programs as 1068 appropriate. Students served in Department of Juvenile Justice 1069 education programs shall have access to the appropriate courses 1070 and instruction to prepare them for the high school equivalency 1071 examination. Students participating in high school equivalency 1072 examination preparation programs shall be funded at the basic 1073 program cost factor for Department of Juvenile Justice programs 1074 in the Florida Education Finance Program. Each program shall be 1075 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 44 of 58 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 conducted according to applicable law providing for the 1076 operation of public schools and rules of the State Board of 1077 Education. School districts shall provide the high school 1078 equivalency examination exit option for all juvenile justice 1079 education programs. 1080 (d) The Department of Education, with the assistance of 1081 the school districts and juvenile justice education providers, 1082 shall select a common student assessment instrument and protocol 1083 for measuring student learning gains and student progression 1084 while a student is in a juvenile justice education program. The 1085 Department of Education and the Department of Juvenile Justice 1086 shall jointly review the effectiveness of this assessment and 1087 implement changes as necessary. 1088 (4) Educational services shall be provided at times of the 1089 day most appropriate for the juvenile justice program. School 1090 programming in juvenile justice detention, prevention or, day 1091 treatment, and residential programs shall be made available by 1092 the local school district during the juvenile justice school 1093 year, as provided in s. 1003.01(14). In addition, students in 1094 juvenile justice education programs shall have access to courses 1095 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The 1096 Department of Education and the school districts shall adopt 1097 policies necessary to provide such access. 1098 (5) The educational program shall provide instruction 1099 based on each student's individualized transition plan, assessed 1100 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 45 of 58 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 educational needs, and the education programs available in the 1101 school district in which the student will return. Depending on 1102 the student's needs, educational programming may consist of 1103 remedial courses, academic courses required for grade 1104 advancement, CAPE courses, high school equivalency examination 1105 preparation, or exceptional student education curricula and 1106 related services which support the transition goals and reentry 1107 and which may lead to completion of the requirements for receipt 1108 of a high school diploma or its equivalent. Prevention and day 1109 treatment juvenile justice education programs, at a minimum, 1110 shall provide career readiness and exploration opportunities as 1111 well as truancy and dropout prevention intervention services. 1112 Residential juvenile justice education programs with a 1113 contracted minimum length of stay of 9 months shall provide CAPE 1114 courses that lead to preapprentice certifications and industry 1115 certifications. Programs with contracted lengths of stay of less 1116 than 9 months may provide career education courses that lead to 1117 preapprentice certifications and CAPE industry certifications. 1118 If the duration of a program is less than 40 days, the 1119 educational component may be limited to tutorial remediation 1120 activities, career employability skills instruction, education 1121 counseling, and transition services that prepare students for a 1122 return to school, the community, and their home settings based 1123 on the students' needs. 1124 (6) Participation in the program by students of compulsory 1125 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 46 of 58 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 school-attendance age as provided for in s. 1003.21 shall be 1126 mandatory. All students of noncompulsory school-attendance age 1127 who have not received a high school diploma or its equivalent 1128 shall participate in the educational program, unless the student 1129 files a formal declaration of his or her intent to terminate 1130 school enrollment as described in s. 1003.21 and is afforded the 1131 opportunity to take the high school equivalency examination and 1132 attain a Florida high school diploma before release from a 1133 juvenile justice education program. A student who has received a 1134 high school diploma or its equivalent and is not employed shall 1135 participate in workforce development or other CAPE education or 1136 Florida College System institution or university courses while 1137 in the program, subject to available funding. 1138 (7) An individualized progress monitoring plan shall be 1139 developed for all students not classified as exceptional 1140 education students upon entry in a juvenile justice education 1141 program and upon reentry in the school district. These plans 1142 shall address academic, literacy, and career and technical 1143 skills and shall include provisions for intensive remedial 1144 instruction in the areas of weakness. 1145 (8) Each district school board shall maintain an academic 1146 record for each student enrolled in a juvenile justice education 1147 program as prescribed by s. 1003.51. Such record shall delineate 1148 each course completed by the student according to procedures in 1149 the State Course Code Directory. The district school board shall 1150 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 47 of 58 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 include a copy of a student's academic record in the discharge 1151 packet when the student exits the program. 1152 (9) Each district school board shall make provisions for 1153 high school level students to earn credits toward high school 1154 graduation while in residential and nonresidential juvenile 1155 justice detention, prevention, or day treatment education 1156 programs. Provisions must be made for the transfer of credits 1157 and partial credits earned. 1158 (10) School districts and juvenile justice education 1159 providers shall develop individualized transition plans during 1160 the course of a student's stay in a juvenile justice education 1161 program to coordinate academic, career and technical, and 1162 secondary and postsecondary services that assist the student in 1163 successful community reintegration upon release. Development of 1164 the transition plan shall be a collaboration of the personnel in 1165 the juvenile justice education program, reentry personnel, 1166 personnel from the school district where the student will 1167 return, the student, the student's family, and the Department of 1168 Juvenile Justice personnel for committed students. 1169 (a) Transition planning must begin upon a student's 1170 placement in the program. The transition plan must include, at a 1171 minimum: 1172 1. Services and interventions that address the student's 1173 assessed educational needs and postrelease education plans. 1174 2. Services to be provided during the program stay and 1175 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 48 of 58 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 services to be implemented upon release, including, but not 1176 limited to, continuing education in secondary school, CAPE 1177 programs, postsecondary education, or employment, based on the 1178 student's needs. 1179 3. Specific monitoring responsibilities to determine 1180 whether the individualized transition plan is being implemented 1181 and the student is provided access to support services that will 1182 sustain the student's success by individuals who are responsible 1183 for the reintegration and coordination of these activities. 1184 (b) For the purpose of transition planning and reentry 1185 services, representatives from the school district and the one- 1186 stop center where the student will return shall participate as 1187 members of the local Department of Juvenile Justice reentry 1188 teams. The school district, upon return of a student from a 1189 juvenile justice education program, must consider the individual 1190 needs and circumstances of the student and the transition plan 1191 recommendations when reenrolling a student in a public school. A 1192 local school district may not maintain a standardized policy for 1193 all students returning from a juvenile justice program but place 1194 students based on their needs and their performance in the 1195 juvenile justice education program, including any virtual 1196 education options. 1197 (c) The Department of Education and the Department of 1198 Juvenile Justice shall provide oversight and guidance to school 1199 districts, education providers, and reentry personnel on how to 1200 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 49 of 58 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 implement effective educational transition planning and 1201 services. 1202 (11) The district school board shall recruit and train 1203 teachers who are interested, qualified, or experienced in 1204 educating students in juvenile justice programs. Students in 1205 juvenile justice programs shall be provided a wide range of 1206 education programs and opportunities including textbooks, 1207 technology, instructional support, and resources commensurate 1208 with resources provided to students in public schools, including 1209 textbooks and access to technology. If the district school board 1210 operates a juvenile justice education program at a juvenile 1211 justice facility, the district school board, in consultation 1212 with the director of the juvenile justice facility, shall select 1213 the instructional personnel assigned to that program. The 1214 Secretary of Juvenile Justice or the director of a juvenile 1215 justice program may request that the performance of a teacher 1216 assigned by the district to a juvenile justice education program 1217 be reviewed by the district and that the teacher be reassigned 1218 based upon an evaluation conducted pursuant to s. 1012.34 or for 1219 inappropriate behavior. Juvenile justice education programs 1220 shall have access to the substitute teacher pool used by the 1221 district school board. 1222 (12) District school boards may contract with a private 1223 provider for the provision of education programs to students 1224 placed in juvenile justice detention, prevention, or day 1225 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 50 of 58 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 treatment programs with the Department of Juvenile Justice and 1226 shall generate local, state, and federal funding, including 1227 funding through the Florida Education Finance Program for such 1228 students. The district school board's planning and budgeting 1229 process shall include the needs of Department of Juvenile 1230 Justice education programs in the district school board's plan 1231 for expenditures for state categorical and federal funds. 1232 (13)(a) Eligible students enrolled in juvenile justice 1233 education programs shall be funded the same as students enrolled 1234 in traditional public schools funded in the Florida Education 1235 Finance Program and as specified in s. 1011.62 and the General 1236 Appropriations Act. 1237 (b) Juvenile justice education programs to receive the 1238 appropriate FEFP funding for Department of Juvenile Justice 1239 education programs shall include those operated through a 1240 contract with the Department of Juvenile Justice. 1241 (c) Consistent with the rules of the State Board of 1242 Education, district school boards shall request an alternative 1243 FTE survey for Department of Juvenile Justice education programs 1244 experiencing fluctuations in student enrollment. 1245 (d) FTE count periods shall be prescribed in rules of the 1246 State Board of Education and shall be the same for programs of 1247 the Department of Juvenile Justice as for other public school 1248 programs. The summer school period for students in Department of 1249 Juvenile Justice education programs shall begin on the day 1250 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 51 of 58 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 immediately following the end of the regular school year and end 1251 on the day immediately preceding the subsequent regular school 1252 year. Students shall be funded for no more than 25 hours per 1253 week of direct instruction. 1254 (e) Each juvenile justice education program must receive 1255 all federal funds for which the program is eligible. 1256 (14) Each district school board shall negotiate a 1257 cooperative agreement with the Department of Juvenile Justice on 1258 the delivery of educational services to students in juvenile 1259 justice detention, prevention, or day treatment programs under 1260 the jurisdiction of the Department of Juvenile Justice. Such 1261 agreement must include, but is not limited to: 1262 (a) Roles and responsibilities of each agency, including 1263 the roles and responsibilities of contract providers. 1264 (b) Administrative issues including procedures for sharing 1265 information. 1266 (c) Allocation of resources including maximization of 1267 local, state, and federal funding. 1268 (d) Procedures for educational evaluation for educational 1269 exceptionalities and special needs. 1270 (e) Curriculum and delivery of instruction. 1271 (f) Classroom management procedures and attendance 1272 policies. 1273 (g) Procedures for provision of qualified instructional 1274 personnel, whether supplied by the district school board or 1275 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 52 of 58 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 provided under contract by the provider, and for performance of 1276 duties while in a juvenile justice setting. 1277 (h) Provisions for improving skills in teaching and 1278 working with students referred to juvenile justice education 1279 programs. 1280 (i) Transition plans for students moving into and out of 1281 juvenile justice education programs. 1282 (j) Procedures and timelines for the timely documentation 1283 of credits earned and transfer of student records. 1284 (k) Methods and procedures for dispute resolution. 1285 (l) Provisions for ensuring the safety of education 1286 personnel and support for the agreed-upon education program. 1287 (m) Strategies for correcting any deficiencies found 1288 through the accountability and evaluation system and student 1289 performance measures. 1290 (15) Nothing in this section or in a cooperative agreement 1291 requires the district school board to provide more services than 1292 can be supported by the funds generated by students in the 1293 juvenile justice programs. 1294 (16) The Department of Education, in consultation with the 1295 Department of Juvenile Justice, district school boards, and 1296 providers, shall adopt rules establishing: 1297 (a) Objective and measurable student performance measures 1298 to evaluate a student's educational progress while participating 1299 in a prevention, day treatment, or residential program. The 1300 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 53 of 58 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 student performance measures must be based on appropriate 1301 outcomes for all students in juvenile justice education 1302 programs, taking into consideration the student's length of stay 1303 in the program. Performance measures shall include outcomes that 1304 relate to student achievement of career education goals, 1305 acquisition of employability skills, receipt of a high school 1306 diploma or its equivalent, grade advancement, and the number of 1307 CAPE industry certifications earned. 1308 (b) A performance rating system to be used by the 1309 Department of Education to evaluate the delivery of educational 1310 services within each of the juvenile justice programs. The 1311 performance rating shall be primarily based on data regarding 1312 student performance as described in paragraph (a). 1313 (c) The timeframes, procedures, and resources to be used 1314 to improve a low-rated educational program or to terminate or 1315 reassign the program. 1316 (d) The Department of Education, in partnership with the 1317 Department of Juvenile Justice, shall develop a comprehensive 1318 accountability and program improvement process. The 1319 accountability and program improvement process shall be based on 1320 student performance measures by type of program and shall rate 1321 education program performance. The accountability system shall 1322 identify and recognize high-performing education programs. The 1323 Department of Education, in partnership with the Department of 1324 Juvenile Justice, shall identify low-performing programs. Low- 1325 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 54 of 58 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 performing education programs shall receive an onsite program 1326 evaluation from the Department of Juvenile Justice. School 1327 improvement, technical assistance, or the reassignment of the 1328 program shall be based, in part, on the results of the program 1329 evaluation. Through a corrective action process, low-performing 1330 programs must demonstrate improvement or the programs shall be 1331 reassigned. 1332 (16)(17) The department, in collaboration with the 1333 Department of Juvenile Justice, shall collect data and report on 1334 commitment, day treatment, prevention, and detention programs. 1335 The report shall be submitted to the President of the Senate, 1336 the Speaker of the House of Representatives, and the Governor by 1337 February 1 of each year. The report must include, at a minimum: 1338 (a) The number and percentage of students who: 1339 1. Return to an alternative school, middle school, or high 1340 school upon release and the attendance rate of such students 1341 before and after participation in juvenile justice education 1342 programs. 1343 2. Receive a standard high school diploma or a high school 1344 equivalency diploma. 1345 3. Receive industry certification. 1346 4. Enroll in a postsecondary educational institution. 1347 5. Complete a juvenile justice education program without 1348 reoffending. 1349 6. Reoffend within 1 year after completion of a day 1350 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 55 of 58 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 treatment or residential commitment program. 1351 7. Remain employed 1 year after completion of a day 1352 treatment or residential commitment program. 1353 8. Demonstrate learning gains pursuant to paragraph 1354 (3)(d). 1355 (b) The following cost data for each juvenile justice 1356 education program: 1357 1. The amount of funding provided by district school 1358 boards to juvenile justice programs and the amount retained for 1359 administration, including documenting the purposes of such 1360 expenses. 1361 2. The status of the development of cooperative 1362 agreements. 1363 3. Recommendations for system improvement. 1364 4. Information on the identification of, and services 1365 provided to, exceptional students, to determine whether these 1366 students are properly reported for funding and are appropriately 1367 served. 1368 (17)(18) The district school board shall not be charged 1369 any rent, maintenance, utilities, or overhead on such 1370 facilities. Maintenance, repairs, and remodeling of existing 1371 facilities shall be provided by the Department of Juvenile 1372 Justice. 1373 (18)(19) When additional facilities are required for 1374 juvenile justice detention, prevention, or day treatment 1375 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 56 of 58 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 programs, the district school board and the Department of 1376 Juvenile Justice shall agree on the appropriate site based on 1377 the instructional needs of the students. When the most 1378 appropriate site for instruction is on district school board 1379 property, a special capital outlay request shall be made by the 1380 commissioner in accordance with s. 1013.60. When the most 1381 appropriate site is on state property, state capital outlay 1382 funds shall be requested by the Department of Juvenile Justice 1383 provided by s. 216.043 and shall be submitted as specified by s. 1384 216.023. Any instructional facility to be built on state 1385 property shall have educational specifications jointly developed 1386 by the district school board and the Department of Juvenile 1387 Justice and approved by the Department of Education. The size of 1388 space and occupant design capacity criteria as provided by State 1389 Board of Education rules shall be used for remodeling or new 1390 construction whether facilities are provided on state property 1391 or district school board property. 1392 (19)(20) The parent of an exceptional student shall have 1393 the due process rights provided for in this chapter. 1394 (20)(21) The State Board of Education shall adopt rules 1395 necessary to implement this section. Such rules must require the 1396 minimum amount of paperwork and reporting. 1397 (22) The Department of Juvenile Justice and the Department 1398 of Education, in consultation with CareerSource Florida, Inc., 1399 the statewide Workforce Development Youth Council, district 1400 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 57 of 58 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 school boards, Florida College System institutions, providers, 1401 and others, shall jointly develop a multiagency plan for CAPE 1402 which describes the funding, curriculum, transfer of credits, 1403 goals, and outcome measures for career education programming in 1404 juvenile commitment facilities, pursuant to s. 985.622. The plan 1405 must be reviewed annually. 1406 Section 25. Paragraph (c) of subsection (18) of section 1407 1001.42, Florida Statutes, is amended to read: 1408 1001.42 Powers and duties of district school board.—The 1409 district school board, acting as a board, shall exercise all 1410 powers and perform all duties listed below: 1411 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.— 1412 Maintain a system of school improvement and education 1413 accountability as provided by statute and State Board of 1414 Education rule. This system of school improvement and education 1415 accountability shall be consistent with, and implemented 1416 through, the district's continuing system of planning and 1417 budgeting required by this section and ss. 1008.385, 1010.01, 1418 and 1011.01. This system of school improvement and education 1419 accountability shall comply with the provisions of ss. 1008.33, 1420 1008.34, 1008.345, and 1008.385 and include the following: 1421 (c) Public disclosure.—The district school board shall 1422 provide information regarding the performance of students and 1423 educational programs as required pursuant to ss. 1008.22 and 1424 1008.385 and implement a system of school reports as required by 1425 HB 1425 2024 CODING: Words stricken are deletions; words underlined are additions. hb1425-00 Page 58 of 58 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 statute and State Board of Education rule which shall include 1426 schools operating for the purpose of providing educational 1427 services to students in Department of Juvenile Justice programs, 1428 and for those schools, report on the elements specified in s. 1429 1003.52(16) 1003.52(17). Annual public disclosure reports shall 1430 be in an easy-to-read report card format and shall include the 1431 school's grade, high school graduation rate calculated without 1432 high school equivalency examinations, disaggregated by student 1433 ethnicity, and performance data as specified in state board 1434 rule. 1435 Section 26. This act shall take effect July 1, 2024. 1436

ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 1 of 77 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 2 of 77 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 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.; replacing 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 juvenile 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"; amending 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 Justice, district school 49 boards, and education providers, to develop and 50 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 3 of 77 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 implement certain contract requirements and to 51 maintain standardized required content of education 52 records; revising district school board requirements; 53 revising departmental requirements 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 career 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 education 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 programs; 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 services to students in 74 such programs; revising requirements for such 75 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 4 of 77 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 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 programs; 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 detention 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 effective 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 entry is 100 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 5 of 77 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 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 rubber 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 or 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 fence 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 6 of 77 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 in a specific area physically separated 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(44). 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 treatment 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 7 of 77 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 liability as a result of administering 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 8 of 77 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 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 provide 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 willfully 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 facility, 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 9 of 77 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 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 established 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 circuit plan, to be implemented upon approval 223 of the circuit alternative sanctions coordinator. 224 Section 5. Subsection (4) of section 938.17, Florida 225 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 10 of 77 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 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 minors.— 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 serious 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 11 of 77 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 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 expunged 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 department 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 12 of 77 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 c. A sworn, written statement from the minor seeking 276 relief that he or she is no longer under court 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 state 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 provided 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 13 of 77 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 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 public 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 corrections 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 section. 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 14 of 77 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 (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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 15 of 77 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 (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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 16 of 77 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 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 amended, 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 services; 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 17 of 77 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 (44) "Restrictiveness level" means the level of 401 programming and security provided 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 18 of 77 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 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 at 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 school 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 19 of 77 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 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 locations 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 himself 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 20 of 77 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 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 prompted 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 facility 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 21 of 77 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 985.039 Cost of supervision; cost of care.— 501 (1) Except as provided in subsection (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 parent 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, is 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 22 of 77 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 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 23 of 77 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 not made. 551 b. Offered such opportunity, 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 website 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 to 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 24 of 77 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 985.26, 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 placement necessary, or 599 no longer necessary, to preserve public safety or to ensure the 600 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 25 of 77 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 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 state, 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 subsection 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 adjudicated 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 commit 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 26 of 77 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 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 27 of 77 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 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 requests 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 28 of 77 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 request of the department shall be deemed 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 985.465, 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 residential 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 29 of 77 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 (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 program. 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 30 of 77 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 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 conditional 749 release for all children in the program. 750 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 31 of 77 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 (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 purposes: 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, the 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 Scholars Academy's 774 development of an education delivery system that is cost- 775 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 32 of 77 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 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 achievement 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 efficiency 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 33 of 77 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 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 uniform 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 calendar 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 number of days 824 for instruction by up to 20 days or 100 hours for teacher 825 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 34 of 77 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 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 circuit. 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 35 of 77 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 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 information 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 report 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 36 of 77 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 (3)(4) Each member of the juvenile 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 37 of 77 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 (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 vacant 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 38 of 77 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 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 address 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 39 of 77 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 each of the juvenile justice circuit boards to propose 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 statutory 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 40 of 77 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 (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 delinquency 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 priority 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 41 of 77 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 schools serving the target neighborhoods. 1001 (c) In addition, the department may consider the following 1002 criteria in awarding grants: 1003 1. The circuit juvenile 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 42 of 77 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 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 objectives. 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 component 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 department 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 43 of 77 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 (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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 44 of 77 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 1001.42, Florida Statutes, is amended to read: 1076 1001.42 Powers and duties of district school board.—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 statute 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 45 of 77 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 school equivalency examinations, disaggregated by student 1101 ethnicity, and performance data as specified in state board 1102 rule. 1103 Section 25. Paragraph (a) of 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 providing 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 46 of 77 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 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 providers 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 47 of 77 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 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 instruction, 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 48 of 77 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 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 in 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 Department of 1198 Juvenile Justice programs. Such funds must be spent on 1199 appropriate categoricals, such as instructional materials and 1200 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 49 of 77 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 public school technology for those students. 1201 (j) Qualifications of instructional staff, procedures for 1202 the selection of instructional 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 certification, 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 experience 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 50 of 77 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 (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 requirements 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 performance 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 51 of 77 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 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 services; 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, exceptional 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 procedures for transitioning 1274 students into and out of Department of Juvenile Justice 1275 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 52 of 77 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 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 53 of 77 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 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 diploma 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 student 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 subsection 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 rating 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 54 of 77 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 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 providers. 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 amended 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 55 of 77 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 juvenile justice providers, 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 Education 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 56 of 77 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 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 education 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 Juvenile 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 proposal 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 57 of 77 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 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 until 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 access 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 58 of 77 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 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 the 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(14). 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 59 of 77 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 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 duration 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 60 of 77 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 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. 1003.51. 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 61 of 77 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 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 postrelease education plans. 1524 2. Services to be provided during the program stay and 1525 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 62 of 77 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 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 student 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 student 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 and 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 63 of 77 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 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 programs. 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 students 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 substitute 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 64 of 77 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 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 of 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 shall 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 programs of 1598 the Department of Juvenile Justice as for other public school 1599 programs. The summer school period for students in Department of 1600 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 65 of 77 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 Juvenile Justice education programs shall begin on the day 1601 immediately following the end of the regular school year and end 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 procedures 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 instruction. 1622 (f) Classroom management procedures and attendance 1623 policies. 1624 (g) Procedures for provision of qualified instructional 1625 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 66 of 77 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 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 the 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 67 of 77 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 (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 be 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 Education, 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 program and shall rate 1674 education program performance. The accountability system shall 1675 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 68 of 77 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 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 program 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 69 of 77 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 5. Complete a juvenile justice education program without 1701 reoffending. 1702 6. Reoffend within 1 year 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 and 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 Department of 1725 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 70 of 77 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 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 educational 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 71 of 77 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 (22) The Department of Juvenile Justice and the Department 1751 of Education, in consultation with CareerSource 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 enforcement 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 72 of 77 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 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 the 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 shall 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 incorporating 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 73 of 77 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 Statutes, is reenacted to read: 1801 985.255 Detention criteria; detention hearing.— 1802 (3)(a) The purpose of the detention 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 results 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 restrictive 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 specified in s. 1825 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 74 of 77 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 985.26 or s. 985.27, whichever is applicable, unless the 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 juvenile 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 75 of 77 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 order the department to conduct or arrange for an examination 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 satisfactory 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, Florida 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 sanction or a juvenile sanction and may 1874 not sentence the child to a combination of adult and juvenile 1875 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 76 of 77 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 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 proceeding. 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 imposition 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 department 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 ENROLLED CS/HB 1425, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1425-03-er Page 77 of 77 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 It is the intent of the Legislature that the criteria and 1901 guidelines in this subsection 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 delinquent 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