Florida
| Code | Subject Matter |
| Code § 985.04 | Criminal Procedure and Corrections: Oaths; records; confidential information |
| Code § 985.045 | Criminal Procedure and Corrections: Court records |
| Code § 985.046 | Criminal Procedure and Corrections: Statewide information-sharing system; interagency workgroup |
| Code § 985.047 | Criminal Procedure and Corrections: Information systems |
| Code § 985.47 | Criminal Procedure and Corrections: Serious or habitual juvenile offender |
| Code § 985.101 | Criminal Procedure and Corrections: Taking a child into custody |
| Code § 985.275 | Criminal Procedure and Corrections: Detention of escapee or absconder on authority of the department |
| Code § 985.11 | Criminal Procedure and Corrections: Fingerprinting and photographing |
| Code § 985.61 | Criminal Procedure and Corrections: Early delinquency intervention program; criteria |
| Code § 985.48 | Criminal Procedure and Corrections: Juvenile sexual offender commitment programs; sexual abuse intervention networks |
| Code § 985.481 | Criminal Procedure and Corrections: Sexual offenders adjudicated delinquent; notification upon release |
| Code § 985.4815 | Criminal Procedure and Corrections: Notification to Department of Law Enforcement of information on juvenile sexual offenders |
| Code § 985.483 | Criminal Procedure and Corrections: Intensive residential treatment program for offenders less than 13 years of age |
| Code § 985.601 | Criminal Procedure and Corrections: Administering the juvenile justice continuum |
| Code § 1006.07 | District school board duties relating to student discipline and school safety |
| Code § 1006.08 | District school superintendent duties relating to student discipline and school safety |
| Code § 1006.09 | Duties of school principal relating to student discipline and school safety |
| Code § 1006.13 | Finance and Administration: Zero Tolerance for School Related Violent Crime |
| Code § 6A-1.0404 | Student discipline: Policy of zero tolerance for crime and victimization |
| Code § 1012.797 | Notification of district school superintendent of certain charges against or convictions of employees |
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART II. RECORDS AND INFORMATION
Fla. Stat. § 985.04 (2009)
§ 985.04. Oaths; records; confidential information
(1) Except as provided in subsections (2), (3), (6), and (7) and s. 943.053, all information obtained under this chapter in the discharge of official duty by any judge, any employee of the court, any authorized agent of the department, the Parole Commission, the Department of Corrections, the juvenile justice circuit boards, any law enforcement agent, or any licensed professional or licensed community agency representative participating in the assessment or treatment of a juvenile is confidential and may be disclosed only to the authorized personnel of the court, the department and its designees, the Department of Corrections, the Parole Commission, law enforcement agents, school superintendents and their designees, any licensed professional or licensed community agency representative participating in the assessment or treatment of a juvenile, and others entitled under this chapter to receive that information, or upon order of the court. Within each county, the sheriff, the chiefs of police, the district school superintendent, and the department shall enter into an interagency agreement for the purpose of sharing information about juvenile offenders among all parties. The agreement must specify the conditions under which summary criminal history information is to be made available to appropriate school personnel, and the conditions under which school records are to be made available to appropriate department personnel. Such agreement shall require notification to any classroom teacher of assignment to the teacher's classroom of a juvenile who has been placed in a probation or commitment program for a felony offense. The agencies entering into such agreement must comply with s. 943.0525, and must maintain the confidentiality of information that is otherwise exempt from s. 119.07(1), as provided by law.
(2) Notwithstanding any other provisions of this chapter, the name, photograph, address, and crime or arrest report of a child:
(a) Taken into custody if the child has been taken into custody by a law enforcement officer for a violation of law which, if committed by an adult, would be a felony;
(b) Found by a court to have committed three or more violations of law which, if committed by an adult, would be misdemeanors;
(c) Transferred to the adult system under s. 985.557, indicted under s. 985.56, or waived under s. 985.556;
(d) Taken into custody by a law enforcement officer for a violation of law subject to s. 985.557(2)(b) or (d); or
(e) Transferred to the adult system but sentenced to the juvenile system under s. 985.565 shall not be considered confidential and exempt from s. 119.07(1) solely because of the child's age.
(3) A law enforcement agency may release a copy of the juvenile offense report to the victim of the offense. However, information gained by the victim under this chapter, including the next of kin of a homicide victim, regarding any case handled in juvenile court, must not be revealed to any outside party, except as is reasonably necessary in pursuit of legal remedies.
(4) (a) Notwithstanding any other provision of this section, when a child of any age is taken into custody by a law enforcement officer for an offense that would have been a felony if committed by an adult, or a crime of violence, the law enforcement agency must notify the superintendent of schools that the child is alleged to have committed the delinquent act.
(b) Notwithstanding paragraph (a) or any other provision of this section, when a child of any age is formally charged by a state attorney with a felony or a delinquent act that would be a felony if committed by an adult, the state attorney shall notify the superintendent of the child's school that the child has been charged with such felony or delinquent act. The information obtained by the superintendent of schools under this section must be released within 48 hours after receipt to appropriate school personnel, including the principal of the school of the child. The principal must immediately notify the child's immediate classroom teachers. Upon notification, the principal is authorized to begin disciplinary actions under s. 1006.09(1)-(4).
(c) The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is an alleged juvenile sexual offender, as defined in s. 39.01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless of adjudication. Any employee of a district school board who knowingly and willfully discloses such information to an unauthorized person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Authorized agents of the department may administer oaths and affirmations.
(6) (a) Records maintained by the department, including copies of records maintained by the court, which pertain to a child found to have committed a delinquent act which, if committed by an adult, would be a crime specified in ss. 435.03 and 435.04 may not be destroyed under this section for a period of 25 years after the youth's final referral to the department, except in cases of the death of the child. Such records, however, shall be sealed by the court for use only in meeting the screening requirements for personnel in s. 402.3055 and the other sections cited above, or under departmental rule; however, current criminal history information must be obtained from the Department of Law Enforcement in accordance with s. 943.053. The information shall be released to those persons specified in the above cited sections for the purposes of complying with those sections. The court may punish by contempt any person who releases or uses the records for any unauthorized purpose.
(b) Sexual offender and predator registration information as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, and 985.4815 is a public record pursuant to s. 119.07(1) and as otherwise provided by law.
(7) (a) Records in the custody of the department regarding children are not open to inspection by the public. Such records may be inspected only upon order of the Secretary of Juvenile Justice or his or her authorized agent by persons who have sufficient reason and upon such conditions for their use and disposition as the secretary or his or her authorized agent deems proper. The information in such records may be disclosed only to other employees of the department who have a need therefor in order to perform their official duties; to other persons as authorized by rule of the department; and, upon request, to the Department of Corrections. The secretary or his or her authorized agent may permit properly qualified persons to inspect and make abstracts from records for statistical purposes under whatever conditions upon their use and disposition the secretary or his or her authorized agent deems proper, provided adequate assurances are given that children's names and other identifying information will not be disclosed by the applicant.
(b) The destruction of records pertaining to children committed to or supervised by the department pursuant to a court order, which records are retained until a child reaches the age of 24 years or until a serious or habitual delinquent child reaches the age of 26 years, shall be subject to chapter 943.
(8) Criminal history information made available to governmental agencies by the Department of Law Enforcement or other criminal justice agencies shall not be used for any purpose other than that specified in the provision authorizing the releases.
(1) The clerk of the court shall make and keep records of all cases brought before it under this chapter. The court shall preserve the records pertaining to a child charged with committing a delinquent act or violation of law until the child reaches 24 years of age or reaches 26 years of age if he or she is a serious or habitual delinquent child, until 5 years after the last entry was made, or until 3 years after the death of the child, whichever is earlier, and may then destroy them, except that records made of traffic offenses in which there is no allegation of delinquency may be destroyed as soon as this can be reasonably accomplished. The court shall make official records of all petitions and orders filed in a case arising under this chapter and of any other pleadings, certificates, proofs of publication, summonses, warrants, and writs that are filed pursuant to the case.
(2) The clerk shall keep all official records required by this section separate from other records of the circuit court, except those records pertaining to motor vehicle violations, which shall be forwarded to the Department of Highway Safety and Motor Vehicles. Except as provided in ss. 943.053 and 985.04(6)(b) and (7), official records required by this chapter are not open to inspection by the public, but may be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that a child and the parents, guardians, or legal custodians of the child and their attorneys, law enforcement agencies, the Department of Juvenile Justice and its designees, the Parole Commission, the Department of Corrections, and the Justice Administrative Commission shall always have the right to inspect and copy any official record pertaining to the child. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect, and make abstracts from, official records under whatever conditions upon the use and disposition of such records the court may deem proper and may punish by contempt proceedings any violation of those conditions.
(3) All orders of the court entered under this chapter must be in writing and signed by the judge, except that the clerk or deputy clerk may sign a summons or notice to appear.
(4) A court record of proceedings under this chapter is not admissible in evidence in any other civil or criminal proceeding, except that:
(a) Orders transferring a child for trial as an adult are admissible in evidence in the court in which he or she is tried, but create no presumption as to the guilt of the child; nor may such orders be read to, or commented upon in the presence of, the jury in any trial.
(b) Orders binding an adult over for trial on a criminal charge, made by the committing trial court judge, are admissible in evidence in the court to which the adult is bound over.
(c) Records of proceedings under this chapter forming a part of the record on appeal must be used in the appellate court in the manner provided in s. 985.534.
(d) Records are admissible in evidence in any case in which a person is being tried upon a charge of having committed perjury, to the extent such records are necessary to prove the charge.
(e) Records of proceedings under this chapter may be used to prove disqualification under ss. 110.1127, 393.0655, 394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and 985.644.
(5) This chapter does not prohibit a circuit court from providing a restitution order containing the information prescribed in s. 985.0301(5)(i) to a collection court or a private collection agency for the sole purpose of collecting unpaid restitution ordered in a case in which the circuit court has retained jurisdiction over the child and the child's parent or legal guardian. The collection court or private collection agency shall maintain the confidential status of the information to the extent such confidentiality is provided by law.
§ 985.046. Statewide information-sharing system; interagency workgroup
(1) The Department of Education, the Department of Juvenile Justice, and the Department of Law Enforcement shall create an information-sharing workgroup for the purpose of developing and implementing a workable statewide system of sharing information among school districts, state and local law enforcement agencies, providers, the Department of Juvenile Justice, and the Department of Education. The system shall build on processes previously authorized in statute and on any revisions to federal statutes on confidentiality. The information to be shared shall focus on youth who are involved in the juvenile justice system, youth who have been tried as adults and found guilty of felonies, and students who have been serious discipline problems in schools. The participating agencies shall implement improvements that maximize the sharing of information within applicable state and federal statutes and rules and that utilize statewide databases and data delivery systems to streamline access to the information needed to provide joint services to disruptive, violent, and delinquent youth.
(2) The interagency workgroup shall be coordinated through the Department of Education and shall include representatives from the state agencies specified in subsection (1), school superintendents, school district information system directors, principals, teachers, juvenile court judges, police chiefs, county sheriffs, clerks of the circuit court, the Department of Children and Family Services, providers of juvenile services including a provider from a juvenile substance abuse program, and circuit juvenile justice managers.
(3) The interagency workgroup shall, at a minimum, address the following:
(a) The use of the Florida Information Resource Network and other statewide information access systems as means of delivering information to school personnel or providing an initial screening for purposes of determining whether further access to information is warranted.
(b) A statewide information delivery system that will provide local access by participating agencies and schools.
(c) The need for cooperative agreements among agencies which may access information.
(d) Legal considerations and the need for legislative action necessary for accessing information by participating agencies.
(e) Guidelines for how the information shall be accessed, used, and disseminated.
(f) The organizational level at which information may be accessed and shared.
(g) The specific information to be maintained and shared through the system.
(h) The cost implications of an improved system.
(4) The Department of Education, the Department of Juvenile Justice, and the Department of Law Enforcement shall implement improvements leading to the statewide information access and delivery system, to the extent feasible, and shall develop a cooperative agreement specifying their roles in such a system.
(5) Members of the interagency workgroup shall serve without added compensation and each participating agency shall support the travel, per diem, and other expenses of its representatives.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART II. RECORDS AND INFORMATION
Fla. Stat. § 985.047 (2009)
§ 985.047. Information systems
(1) (a) For the purpose of assisting in law enforcement administration and decisionmaking, such as juvenile diversion from continued involvement with the law enforcement and judicial systems, the sheriff of the county in which juveniles are taken into custody is encouraged to maintain a central identification file on serious habitual juvenile offenders and on juveniles who are at risk of becoming serious habitual juvenile offenders by virtue of having an arrest record.
(b) The central identification file shall contain, but not be limited to, pertinent dependency record information maintained by the Department of Children and Family Services and delinquency record information maintained by the Department of Juvenile Justice; pertinent school records, including information on behavior, attendance, and achievement; pertinent information on delinquency and dependency maintained by law enforcement agencies and the state attorney; and pertinent information on delinquency and dependency maintained by those agencies charged with screening, assessment, planning, and treatment responsibilities. The information obtained shall be used to develop a multiagency information sheet on serious habitual juvenile offenders or juveniles who are at risk of becoming serious habitual juvenile offenders. The agencies and persons specified in this paragraph shall cooperate with the law enforcement agency or county in providing needed information and in developing the multiagency information sheet to the greatest extent possible.
(c) As used in this section, "a juvenile who is at risk of becoming a serious habitual juvenile offender" means a juvenile who has been adjudicated delinquent and who meets one or more of the following criteria:
1. Is arrested for a capital, life, or first degree felony offense or sexual battery.
2. Has five or more arrests, at least three of which are for felony offenses. Three of such arrests must have occurred within the preceding 12-month period.
3. Has 10 or more arrests, at least 2 of which are for felony offenses. Three of such arrests must have occurred within the preceding 12-month period.
4. Has four or more arrests, at least one of which is for a felony offense and occurred within the preceding 12-month period.
5. Has 10 or more arrests, at least 8 of which are for any of the following offenses:
a. Petit theft;
b. Misdemeanor assault;
c. Possession of a controlled substance;
d. Weapon or firearm violation; or
e. Substance abuse.
Four of such arrests must have occurred within the preceding 12-month period.
6. Meets at least one of the criteria for criminal gang membership.
(2) (a) Notwithstanding any provision of law to the contrary, confidentiality of records information does not apply to juveniles who have been arrested for an offense that would be a crime if committed by an adult, regarding the sharing of the information on the juvenile with the law enforcement agency or county and any agency or person providing information for the development of the multiagency information sheet as well as the courts, the child, the parents or legal custodians of the child, their attorneys, or any other person authorized by the court to have access. A public or private educational agency shall provide pertinent records to and cooperate with the law enforcement agency or county in providing needed information and developing the multiagency information sheet to the greatest extent possible. Neither these records provided to the law enforcement agency or county nor the records developed from these records for serious habitual juvenile offenders nor the records provided or developed from records provided to the law enforcement agency or county on juveniles at risk of becoming serious habitual juvenile offenders shall be available for public disclosure and inspection under s. 119.07.
(b) The department shall notify the sheriffs of both the prior county of residence and the new county of residence immediately upon learning of the move or other relocation of a juvenile offender who has been adjudicated or had adjudication withheld for a violent misdemeanor or violent felony.
(3) In order to assist in the integration of the information to be shared, the sharing of information obtained, the joint planning on diversion and early intervention strategies for juveniles at risk of becoming serious habitual juvenile offenders, and the intervention strategies for serious habitual juvenile offenders, a multiagency task force should be organized and utilized by the law enforcement agency or county in conjunction with the initiation of the information system described in subsections (1) and (2). The multiagency task force shall be composed of representatives of those agencies and persons providing information for the central identification file and the multiagency information sheet.
(4) This multiagency task force shall develop a plan for the information system that includes measures which identify and address any disproportionate representation of ethnic or racial minorities in the information systems and shall develop strategies that address the protection of individual constitutional rights.
(5) Any law enforcement agency, or county which implements a juvenile offender information system and the multiagency task force which maintain the information system must annually provide any information gathered during the previous year to the delinquency and gang prevention council of the judicial circuit in which the county is located. This information shall include the number, types, and patterns of delinquency tracked by the juvenile offender information system.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART VII. DISPOSITION; POSTDISPOSITION
Fla. Stat. § 985.47 (2009)
§ 985.47. Serious or habitual juvenile offender
(1) CRITERIA. --A "serious or habitual juvenile offender," for purposes of commitment to a residential facility and for purposes of records retention, means a child who has been found to have committed a delinquent act or a violation of law, in the case currently before the court, and who meets at least one of the following criteria:
(a) The child is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:
1. Arson;
2. Sexual battery;
3. Robbery;
4. Kidnapping;
5. Aggravated child abuse;
6. Aggravated assault;
7. Aggravated stalking;
8. Murder;
9. Manslaughter;
10. Unlawful throwing, placing, or discharging of a destructive device or bomb;
11. Armed burglary;
12. Aggravated battery;
13. Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or
14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony.
(b) The child is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed at least two times to a delinquency commitment program.
(c) The child is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.
(2) DETERMINATION. --After a child has been adjudicated delinquent under s. 985.35, the court shall determine whether the child meets the criteria for a serious or habitual juvenile offender under subsection (1). If the court determines that the child does not meet such criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.
(3) PLACEMENT RECOMMENDATIONS. --After a child has been transferred for criminal prosecution, a circuit court judge may direct a juvenile probation officer to consult with designated staff from an appropriate serious or habitual juvenile offender program for the purpose of making recommendations to the court regarding the child's placement in such program.
(4) TIME AND PLACE FOR RECOMMENDATIONS. --Recommendations as to a child's placement in a serious or habitual juvenile offender program shall be presented to the court within 72 hours after the adjudication or conviction, and may be based on a preliminary screening of the child at appropriate sites, considering the child's location while court action is pending, which may include the nearest regional detention center or facility or jail.
(5) REPORTING RECOMMENDATIONS TO COURT. --Based on the recommendations of the multidisciplinary assessment, the juvenile probation officer shall make the following recommendations to the court:
(a) For each child who has not been transferred for criminal prosecution, the juvenile probation officer shall recommend whether placement in such program is appropriate and needed.
(b) For each child who has been transferred for criminal prosecution, the juvenile probation officer shall recommend whether the most appropriate placement for the child is a juvenile justice system program, including a serious or habitual juvenile offender program or facility, or placement in the adult correctional system. If treatment provided by a serious or habitual juvenile offender program or facility is determined to be appropriate and needed and placement is available, the juvenile probation officer and the court shall identify the appropriate serious or habitual juvenile offender program or facility best suited to the needs of the child.
(6) ACTION ON RECOMMENDATIONS. --The treatment and placement recommendations shall be submitted to the court for further action under this subsection:
(a) If it is recommended that placement in a serious or habitual juvenile offender program or facility is inappropriate, the court shall make an alternative disposition under s. 985.4891 or other alternative sentencing as applicable, using the recommendation as a guide.
(b) If it is recommended that placement in a serious or habitual juvenile offender program or facility is appropriate, the court may commit the child to the department for placement in the restrictiveness level designated for serious or habitual delinquent children programs.
(7) DURATION OF COMMITMENT. --Any commitment of a child to the department for placement in a serious or habitual juvenile offender program or facility shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment that an adult may serve for the same offense.
(8) ASSESSMENT AND TREATMENT SERVICES. --Pursuant to this chapter and the establishment of appropriate program guidelines and standards, contractual instruments, which shall include safeguards of all constitutional rights, shall be developed as follows:
(a) The department shall provide for:
1. The oversight of implementation of assessment and treatment approaches.
2. The identification and prequalification of appropriate individuals or not-for-profit organizations, including minority individuals or organizations when possible, to provide assessment and treatment services to serious or habitual delinquent children.
3. The monitoring and evaluation of assessment and treatment services for compliance with this chapter and all applicable rules and guidelines pursuant thereto.
4. The development of an annual report on the performance of assessment and treatment to be presented to the Governor, the Attorney General, the President of the Senate, the Speaker of the House of Representatives, and the Auditor General no later than January 1 of each year.
(b) Assessment shall generally comprise the first 30 days of treatment and be provided by the same provider as treatment, but assessment and treatment services may be provided by separate providers, where warranted. Providers shall be selected who have the capacity to assess and treat the unique problems presented by children with different racial and ethnic backgrounds. The department shall retain contractual authority to reject any assessment or treatment provider for lack of qualification.
(9) (a) SERIOUS OR HABITUAL JUVENILE OFFENDER PROGRAM. --There is created the serious or habitual juvenile offender program. The program shall consist of at least 9 months of intensive secure residential treatment. Conditional release assessment and services shall be provided in accordance with s. 985.46. The components of the program shall include, but not be limited to:
1. Diagnostic evaluation services.
2. Appropriate treatment modalities, including substance abuse intervention, mental health services, and sexual behavior dysfunction interventions and gang-related behavior interventions.
3. Prevocational and vocational services.
4. Job training, job placement, and employability-skills training.
5. Case management services.
6. Educational services, including special education and pre-GED literacy.
7. Self-sufficiency planning.
8. Independent living skills.
9. Parenting skills.
10. Recreational and leisure time activities.
11. Community involvement opportunities commencing, where appropriate, with the direct and timely payment of restitution to the victim.
12. Intensive conditional release supervision.
13. Graduated reentry into the community.
14. A diversity of forms of individual and family treatment appropriate to and consistent with the child's needs.
15. Consistent and clear consequences for misconduct.
(b) The department is authorized to contract with private companies to provide some or all of the components indicated in paragraph (a).
(c) The department shall involve local law enforcement agencies, the judiciary, school board personnel, the office of the state attorney, the office of the public defender, and community service agencies interested in or currently working with juveniles, in planning and developing this program.
(d) The department is authorized to accept funds or in-kind contributions from public or private sources to be used for the purposes of this section.
(10) (a) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND TREATMENT. --Assessment and treatment shall be conducted by treatment professionals with expertise in specific treatment procedures. These professionals shall exercise all professional judgment independently of the department.
(b) Treatment provided to children in designated facilities shall be suited to the assessed needs of each individual child and shall be administered safely and humanely, with respect for human dignity.
(c) The department may promulgate rules for the implementation and operation of programs and facilities for serious or habitual juvenile offenders.
(d) Any provider who acts in good faith is immune from civil or criminal liability for his or her actions in connection with the assessment, treatment, or transportation of a serious or habitual juvenile offender under this chapter.
(e) The following provisions shall apply to children in serious or habitual juvenile offender programs and facilities:
1. A child shall begin participation in the conditional release component of the program based upon a determination made by the treatment provider and approved by the department.
2. A child shall begin participation in the community supervision component of conditional release based upon a determination made by the treatment provider and approved by the department. The treatment provider shall give written notice of the determination to the circuit court having jurisdiction over the child. If the court does not respond with a written objection within 10 days, the child shall begin the conditional release component.
3. A child shall be discharged from the program based upon a determination made by the treatment provider with the approval of the department.
4. In situations where the department does not agree with the decision of the treatment provider, a reassessment shall be performed, and the department shall use the reassessment determination to resolve the disagreement and make a final decision.
(11) (a) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION. --Pursuant to this section, the department shall implement the comprehensive assessment instrument for the treatment needs of serious or habitual juvenile offenders and for the assessment, which assessment shall include the criteria under subsection (1) and shall also include, but not be limited to, evaluation of the child's:
1. Amenability to treatment.
2. Proclivity toward violence.
3. Tendency toward gang involvement.
4. Substance abuse or addiction and the level thereof.
5. History of being a victim of child abuse or sexual abuse, or indication of sexual behavior dysfunction.
6. Number and type of previous adjudications, findings of guilt, and convictions.
7. Potential for rehabilitation.
(b) The department shall contract with multiple individuals or not-for-profit organizations to perform the assessments and treatment, and shall ensure that the staff of each provider is appropriately trained.
(c) Assessment and treatment providers shall have a written procedure developed, in consultation with licensed treatment professionals, establishing conditions under which a child's blood and urine samples will be tested for substance abuse indications. The person receiving the test results may divulge the test results to the relevant facility staff and department personnel; however, such information is exempt from ss. 119.01 and 119.07(1) and s. 24(a), Art. I of the State Constitution.
(d) Serologic blood test and urinalysis results obtained under paragraph (c) are confidential, except that they may be shared with employees or officers of the department, the court, and any assessment or treatment provider and designated facility treating the child. No person to whom the results of a test have been disclosed under this section may disclose the test results to another person not authorized under this section.
(e) The results of any serologic blood or urine test on a serious or habitual juvenile offender shall become a part of that child's medical file. Upon transfer of the child to any other designated treatment facility, such file shall be transferred in an envelope marked confidential. The results of any test designed to identify the human immunodeficiency virus, or its antigen or antibody, shall be accessible only to persons designated by rule of the department. The provisions of such rule shall be consistent with the guidelines established by the Centers for Disease Control and Prevention.
(f) A record of the assessment and treatment of each serious or habitual juvenile offender shall be maintained by the provider, which shall include data pertaining to the child's treatment and such other information as may be required under rules of the department. Unless waived by express and informed consent by the child or the guardian or, if the child is deceased, by the child's personal representative or by the person who stands next in line of intestate succession, the privileged and confidential status of the clinical assessment and treatment record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency.
(g) The assessment and treatment record shall not be a public record, and no part of it shall be released, except that:
1. The record shall be released to such persons and agencies as are designated by the child or the guardian.
2. The record shall be released to persons authorized by order of court, excluding matters privileged by other provisions of law.
3. The record or any part thereof shall be disclosed to a qualified researcher, as defined by rule; a staff member of the designated treatment facility; or an employee of the department when the administrator of the facility or the Secretary of Juvenile Justice deems it necessary for treatment of the child, maintenance of adequate records, compilation of treatment data, or evaluation of programs.
4. Information from the assessment and treatment record may be used for statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals.
(h) Notwithstanding other provisions of this section, the department may request, receive, and provide assessment and treatment information to facilitate treatment, rehabilitation, and continuity of care of any serious or habitual juvenile offender from any of the following:
1. The Social Security Administration and the United States Department of Veterans Affairs.
2. Law enforcement agencies, state attorneys, defense attorneys, and judges in regard to the child's status.
3. Personnel in any facility in which the child may be placed.
4. Community agencies and others expected to provide services to the child upon his or her return to the community.
(i) Any law enforcement agency, designated treatment facility, governmental or community agency, or other entity that receives information under this section shall maintain such information as a nonpublic record as otherwise provided herein.
(j) Any agency, not-for-profit organization, or treatment professional who acts in good faith in releasing information under this subsection shall not be subject to civil or criminal liability for such release.
(k) Assessment and treatment records are confidential as described in this paragraph and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
1. The department shall have full access to the assessment and treatment records to ensure coordination of services to the child.
2. The principles of confidentiality of records provided in s. 985.04 apply to the assessment and treatment records of serious or habitual juvenile offenders.
(l) For purposes of effective administration, accurate tracking and recordkeeping, and optimal treatment decisions, each assessment and treatment provider shall maintain a central identification file on the serious or habitual juvenile offenders it treats.
(m) The file of each serious or habitual juvenile offender shall contain, but is not limited to, pertinent children-in-need-of-services and delinquency record information maintained by the department; pertinent school records information on behavior, attendance, and achievement; and pertinent information on delinquency or children in need of services maintained by law enforcement agencies and the state attorney.
(n) All providers under this section shall, as part of their contractual duties, collect, maintain, and report to the department all information necessary to comply with mandatory reporting pursuant to the promulgation of rules by the department for the implementation of serious or habitual juvenile offender programs and the monitoring and evaluation thereof.
(o) The department is responsible for the development and maintenance of a statewide automated tracking system for serious or habitual juvenile offenders.
(12) (a) DESIGNATED TREATMENT FACILITIES. --Designated facilities shall be sited and constructed by the department, directly or by contract, pursuant to departmental rules, to ensure that facility design is compatible with treatment. The department is authorized to contract for the construction of the facilities and may also lease facilities. The number of beds per facility shall not exceed 25. An assessment of need for additional facilities shall be conducted prior to the siting or construction of more than one facility in any judicial circuit.
(b) Designated facilities for serious or habitual juvenile offenders shall be separate and secure facilities established under the authority of the department for the treatment of such children.
(c) Security for designated facilities for serious or habitual juvenile offenders shall be determined by the department. The department is authorized to contract for the provision of security.
(d) With respect to the treatment of serious or habitual juvenile offenders under this section, designated facilities shall be immune from liability for civil damages except in instances when the failure to act in good faith results in serious injury or death, in which case liability shall be governed by s. 768.28.
(e) Minimum standards and requirements for designated treatment facilities shall be contractually prescribed under subsection (8).
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART III. CUSTODY AND INTAKE; INTERVENTION AND DIVERSION
Fla. Stat. § 985.101 (2009)
§ 985.101. Taking a child into custody
(1) A child may be taken into custody under the following circumstances:
(a) Pursuant to an order of the circuit court issued under this chapter, based upon sworn testimony, either before or after a petition is filed.
(b) For a delinquent act or violation of law, pursuant to Florida law pertaining to a lawful arrest. If such delinquent act or violation of law would be a felony if committed by an adult or involves a crime of violence, the arresting authority shall immediately notify the district school superintendent, or the superintendent's designee, of the school district with educational jurisdiction of the child. Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university developmental research schools, and private elementary and secondary schools. The information obtained by the superintendent of schools pursuant to this section must be released within 48 hours after receipt to appropriate school personnel, including the principal of the child's school, or as otherwise provided by law. The principal must immediately notify the child's immediate classroom teachers. Information provided by an arresting authority under this paragraph may not be placed in the student's permanent record and shall be removed from all school records no later than 9 months after the date of the arrest.
(c) By a law enforcement officer for failing to appear at a court hearing after being properly noticed.
(d) By a law enforcement officer who has probable cause to believe that the child is in violation of the conditions of the child's probation, home detention, postcommitment probation, or conditional release supervision; has absconded from nonresidential commitment; or has escaped from residential commitment. Nothing in this subsection shall be construed to allow the detention of a child who does not meet the detention criteria in part V.
(2) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the same offense or transaction as the child.
(3) When a child is taken into custody as provided in this section, the person taking the child into custody shall attempt to notify the parent, guardian, or legal custodian of the child. The person taking the child into custody shall continue such attempt until the parent, guardian, or legal custodian of the child is notified or the child is delivered to a juvenile probation officer under ss. 985.14 and 985.145, whichever occurs first. If the child is delivered to a juvenile probation officer before the parent, guardian, or legal custodian is notified, the juvenile probation officer shall continue the attempt to notify until the parent, guardian, or legal custodian of the child is notified. Following notification, the parent or guardian must provide identifying information, including name, address, date of birth, social security number, and driver's license number or identification card number of the parent or guardian to the person taking the child into custody or the juvenile probation officer.
(4) Taking a child into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence in conjunction therewith is lawful.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART V. DETENTION
Fla. Stat. § 985.275 (2009)
§ 985.275. Detention of escapee or absconder on authority of the department
(1) If an authorized agent of the department has reasonable grounds to believe that any delinquent child committed to the department has escaped from a residential commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential commitment facility, the agent may take the child into active custody and may deliver the child to the facility or, if it is closer, to a detention center for return to the facility. However, a child may not be held in detention longer than 24 hours, excluding Saturdays, Sundays, and legal holidays, unless a special order so directing is made by the judge after a detention hearing resulting in a finding that detention is required based on the criteria in s. 985.255. The order shall state the reasons for such finding. The reasons shall be reviewable by appeal or in habeas corpus proceedings in the district court of appeal.
(2) Any sheriff or other law enforcement officer, upon the request of the secretary of the department or duly authorized agent, shall take a child who has escaped from a residential commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential commitment facility, into custody and deliver the child to the appropriate juvenile probation officer.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART III. CUSTODY AND INTAKE; INTERVENTION AND DIVERSION
Fla. Stat. § 985.11 (2009)
§ 985.11. Fingerprinting and photographing
(1) (a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a).
(b) A child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(b):
1. Assault, as defined in s. 784.011.
2. Battery, as defined in s. 784.03.
3. Carrying a concealed weapon, as defined in s. 790.01(1).
4. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1).
5. Negligent treatment of children, as defined in former s. 827.05.
6. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a).
7. Open carrying of a weapon, as defined in s. 790.053.
8. Exposure of sexual organs, as defined in s. 800.03.
9. Unlawful possession of a firearm, as defined in s. 790.22(5).
10. Petit theft, as defined in s. 812.014.
11. Cruelty to animals, as defined in s. 828.12(1).
12. Arson, resulting in bodily harm to a firefighter, as defined in s. 806.031(1).
13. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s. 790.115. A law enforcement agency may fingerprint and photograph a child taken into custody upon probable cause that such child has committed any other violation of law, as the agency deems appropriate. Such fingerprint records and photographs shall be retained by the law enforcement agency in a separate file, and these records and all copies thereof must be marked "Juvenile Confidential." These records are not available for public disclosure and inspection under s. 119.07(1) except as provided in ss. 943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal justice agencies, state attorneys, the courts, the child, the parents or legal custodians of the child, their attorneys, and any other person authorized by the court to have access to such records. In addition, such records may be submitted to the Department of Law Enforcement for inclusion in the state criminal history records and used by criminal justice agencies for criminal justice purposes. These records may, in the discretion of the court, be open to inspection by anyone upon a showing of cause. The fingerprint and photograph records shall be produced in the court whenever directed by the court. Any photograph taken pursuant to this section may be shown by a law enforcement officer to any victim or witness of a crime for the purpose of identifying the person who committed such crime.
(c) The court shall be responsible for the fingerprinting of any child at the disposition hearing if the child has been adjudicated or had adjudication withheld for any felony in the case currently before the court.
(2) If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may, after notice to the law enforcement agency involved, order the originals and copies of the fingerprints and photographs destroyed. Unless otherwise ordered by the court, if the child is found to have committed an offense which would be a felony if it had been committed by an adult, then the law enforcement agency having custody of the fingerprint and photograph records shall retain the originals and immediately thereafter forward adequate duplicate copies to the court along with the written offense report relating to the matter for which the child was taken into custody. Except as otherwise provided by this subsection, the clerk of the court, after the disposition hearing on the case, shall forward duplicate copies of the fingerprints and photographs, together with the child's name, address, date of birth, age, and sex, to:
(a) The sheriff of the county in which the child was taken into custody, in order to maintain a central child identification file in that county.
(b) The law enforcement agency of each municipality having a population in excess of 50,000 persons and located in the county of arrest, if so requested specifically or by a general request by that agency.
(3) This section does not prohibit the fingerprinting or photographing of child traffic violators. All records of such traffic violations shall be kept in the full name of the violator and shall be open to inspection and publication in the same manner as adult traffic violations. This section does not apply to the photographing of children by the Department of Juvenile Justice or the Department of Children and Family Services.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART XI. DEPARTMENT OF JUVENILE JUSTICE
Fla. Stat. § 985.61 (2009)
§ 985.61. Early delinquency intervention program; criteria
(1) The Department of Juvenile Justice shall, contingent upon specific appropriation and with the cooperation of local law enforcement agencies, the judiciary, district school board personnel, the office of the state attorney, the office of the public defender, the Department of Children and Family Services, and community service agencies that work with children, establish an early delinquency intervention program, the components of which shall include, but not be limited to:
(a) Case management services.
(b) Treatment modalities, including substance abuse treatment services, mental health services, and retardation services.
(c) Prevocational education and career education services.
(d) Diagnostic evaluation services.
(e) Educational services.
(f) Self-sufficiency planning.
(g) Independent living skills.
(h) Parenting skills.
(i) Recreational and leisure time activities.
(j) Program evaluation.
(k) Medical screening.
(2) The early delinquency intervention program shall consist of intensive residential treatment in a secure facility for 7 days to 6 weeks, followed by 6 to 9 months of additional services. An early delinquency intervention program facility shall be designed to accommodate the placement of a maximum of 10 children, except that the facility may accommodate up to 2 children in excess of that maximum if the additional children have previously been released from the residential portion of the program and are later found to need additional residential treatment.
(3) A copy of the arrest report of any child 15 years of age or younger who is taken into custody for committing a delinquent act or any violation of law shall be forwarded to the local operating circuit office of the Department of Juvenile Justice. Upon receiving the second arrest report of any such child from the judicial circuit in which the program is located, the Department of Juvenile Justice shall initiate an intensive review of the child's social and educational history to determine the likelihood of further significant delinquent behavior. In making this determination, the Department of Juvenile Justice shall consider, without limitation, the following factors:
(a) Any prior allegation that the child is dependent or a child in need of services.
(b) The physical, emotional, and intellectual status and developmental level of the child.
(c) The child's academic history, including school attendance, school achievements, grade level, and involvement in school-sponsored activities.
(d) The nature and quality of the child's peer group relationships.
(e) The child's history of substance abuse or behavioral problems.
(f) The child's family status, including the capability of the child's family members to participate in a family-centered intervention program.
(g) The child's family history of substance abuse or criminal activity.
(h) The supervision that is available in the child's home.
(i) The nature of the relationship between the parents and the child and any siblings and the child.
(4) Upon determination that a child is likely to continue to exhibit significant delinquent behavior, the department may recommend to the court that the child be placed in an early delinquency intervention program, and the court may order the program as the dispositional placement for the child. At the discretion of the department or its designee, or upon order of the court, a child who is 11 years of age or younger may be excused from the residential portion of treatment.
(5) Not later than 18 months after the initiation of an early delinquency intervention program, the department shall prepare and submit a progress report to the chairs of the appropriate House and Senate fiscal committees and the appropriate House and Senate substantive committees on the development and implementation of the program, including:
(a) Factors determining placement of a child in the program.
(b) Services provided in each component of the program.
(c) Costs associated with each component of the program.
(d) Problems or difficulties encountered in the implementation and operation of the program.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART VII. DISPOSITION; POSTDISPOSITION
Fla. Stat. § 985.48 (2009)
§ 985.48. Juvenile sexual offender commitment programs; sexual abuse intervention networks
(1) In order to provide intensive treatment and psychological services to a juvenile sexual offender committed to the department, it is the intent of the Legislature to establish programs and strategies to effectively respond to juvenile sexual offenders. In designing programs for juvenile sexual offenders, it is the further intent of the Legislature to implement strategies that include:
(a) Developing adequate commitment programs and facilities to ensure appropriate and effective treatment and ensure that decisions to release juvenile sexual offenders into the community are not made on the basis of inadequate space.
(b) Providing an adequate number of well-trained staff to address the treatment needs of juvenile sexual offenders.
(c) Providing intensive postcommitment supervision of juvenile sexual offenders who are released into the community with terms and conditions which may include electronic monitoring of a juvenile sexual offender for the purpose of enhancing public safety.
(d) Providing notification to the school to which the juvenile sexual offender is returning, the parents or legal guardians of the victim, and law enforcement, when a juvenile sexual offender returns into the community.
(2) Contingent upon a specific appropriation, the department shall implement and operate programs to provide intensive educational and psychological services and other treatment for juvenile sexual offenders.
(3) Subject to specific appropriation, a child may be placed in a juvenile sexual offender program when committed to the department.
(4) The program shall include educational components, life management training, substance abuse treatment, and intensive psychological treatment provided by appropriate mental health professionals. Juvenile sexual offenders shall be required to participate in all programs and treatment.
(5) Based on assessed need for conditional release, the department shall provide an intensive conditional release component for monitoring and assisting the transition of a juvenile sexual offender into the community with terms and conditions that may include electronic monitoring of the juvenile sexual offender.
(6) The department shall establish protocol and procedures to notify schools, the appropriate law enforcement agencies, and the court when a juvenile sexual offender returns to the community.
(7) The department may contract with private organizations for the operation of a juvenile sexual offender program and conditional release.
(8) The Juvenile Justice Standards and Training Commission shall establish criteria for training all contract and department staff or provide a special training program for contract and department staff to effectively manage and provide services and treatment to a juvenile sexual offender in a juvenile sexual offender program.
(9) The department shall conduct inspections of and quality assurance activities for each juvenile sexual offender program operated by or under contract with the department, based on standards specifically developed for these types of programs, to determine whether the program complies with department rules for continued operation of the program.
(10) The department shall maintain records and other information necessary to evaluate the effectiveness of each juvenile sexual offender program and other outcome evaluation requirements.
(11) A child protection team or the state attorney in any judicial circuit may establish a sexual abuse intervention network to assist in identifying, investigating, prosecuting, treating, and preventing sexual abuse with special emphasis on juvenile sexual offenders and victims of sexual abuse.
(12) Membership of a sexual abuse intervention network shall include, but is not limited to, representatives from:
(a) Local law enforcement agencies;
(b) Local school boards;
(c) Child protective investigators;
(d) The office of the state attorney;
(e) The office of the public defender;
(f) The juvenile division of the circuit court;
(g) Professionals licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 providing treatment for juvenile sexual offenders or their victims;
(h) The guardian ad litem program;
(i) The Department of Juvenile Justice; and
(j) The Department of Children and Family Services.
(13) Each sexual abuse intervention network shall develop a cooperative working agreement describing the roles and responsibilities of all members towards the identification, investigation, prosecution, treatment, and reintegration of juvenile sexual offenders and the treatment of their victims.
(14) Subject to specific appropriation, availability of funds, or receipt of appropriate grant funds, the Office of the Attorney General, the Department of Children and Family Services, the Department of Juvenile Justice, or local juvenile justice councils shall award grants to sexual abuse intervention networks that apply for such grants. The grants may be used for training, treatment, conditional release, evaluation, public awareness, and other specified community needs that are identified by the network. A grant shall be awarded based on the applicant's level of local funding, level of collaboration, number of juvenile sexual offenders to be served, number of victims to be served, and level of unmet needs.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART VII. DISPOSITION; POSTDISPOSITION
Fla. Stat. § 985.481 (2009)
§ 985.481. Sexual offenders adjudicated delinquent; notification upon release
(1) As used in this section:
(a) "Convicted" has the same meaning as provided in s. 943.0435.
(b) "Sexual offender" means a person who has been adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
(2) The Legislature finds that certain juvenile sexual offenders pose a high risk of engaging in sexual offenses even after being released from commitment and that protection of the public from sexual offenders is a paramount governmental interest. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Releasing sexual offender information to law enforcement agencies, to persons who request such information, and to the public by a law enforcement agency or public agency will further the governmental interests of public safety.
(3) (a) The department must provide information regarding any sexual offender who is being released after serving a period of residential commitment under the department for any offense, as follows:
1. The department must provide the sexual offender's name, any change in the offender's name by reason of marriage or other legal process, and any alias, if known; the correctional facility from which the sexual offender is released; the sexual offender's social security number, race, sex, date of birth, height, weight, and hair and eye color; date and county of disposition and each crime for which there was a disposition; a copy of the offender's fingerprints and a digitized photograph taken within 60 days before release; the date of release of the sexual offender; and the offender's intended residence address, if known. The department shall notify the Department of Law Enforcement if the sexual offender escapes, absconds, or dies. If the sexual offender is in the custody of a private correctional facility, the facility shall take the digitized photograph of the sexual offender within 60 days before the sexual offender's release and also place it in the sexual offender's file. If the sexual offender is in the custody of a local jail, the custodian of the local jail shall register the offender within 3 business days after intake of the offender for any reason and upon release, and shall notify the Department of Law Enforcement of the sexual offender's release and provide to the Department of Law Enforcement the information specified in this subparagraph and any information specified in subparagraph 2. which the Department of Law Enforcement requests.
2. The department may provide any other information considered necessary, including criminal and delinquency records, when available.
(b) No later than November 1, 2007, the department must make the information described in subparagraph (a)1. available electronically to the Department of Law Enforcement in its database and in a format that is compatible with the requirements of the Florida Crime Information Center.
(c) Upon receiving information regarding a sexual offender from the department, the Department of Law Enforcement, the sheriff, or the chief of police shall provide the information described in subparagraph (a)1. to any individual who requests such information and may release the information to the public in any manner considered appropriate, unless the information so received is confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(4) This section authorizes the department or any law enforcement agency to notify the community and the public of a sexual offender's presence in the community. However, with respect to a sexual offender who has been found to be a sexual predator under chapter 775, the Department of Law Enforcement or any other law enforcement agency must inform the community and the public of the sexual predator's presence in the community as provided in chapter 775.
(5) An elected or appointed official, public employee, school administrator or employee, or agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency, is immune from civil liability for damages resulting from the release of information under this section.
§ 985.4815. Notification to Department of Law Enforcement of information on juvenile sexual offenders
(1) As used in this section, the term:
(a) "Change in enrollment or employment status" means the commencement or termination of enrollment or employment or a change in location of enrollment or employment.
(b) "Conviction" has the same meaning as provided in s. 943.0435.
(c) "Institution of higher education" means a career center, community college, college, state university, or independent postsecondary institution.
(d) "Sexual offender" means a person who is in the care or custody or under the jurisdiction or supervision of the department or is in the custody of a private correctional facility and who:
1. Has been adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.; or
2. Establishes or maintains a residence in this state and has not been designated as a sexual predator by a court of this state but has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender.
(2) The clerk of the court that adjudicated and entered a disposition regarding the sexual offender for the offense or offenses for which he or she was convicted shall forward to the department and the Department of Law Enforcement a certified copy of any order entered by the court imposing any special condition or restriction on the sexual offender which restricts or prohibits access to the victim, if the victim is a minor, or to other minors. The Department of Law Enforcement may include on its Internet website such special conditions or restrictions.
(3) If a sexual offender is not sentenced to a term of residential commitment, the clerk of the court shall ensure that the sexual offender's fingerprints are taken and forwarded to the Department of Law Enforcement within 48 hours after the court sentences the offender. The fingerprint card shall be clearly marked "Sexual Offender Registration Card."
(4) A sexual offender, as described in this section, who is under the supervision of the department but who is not committed must register with the department within 3 business days after adjudication and disposition for a registrable offense and otherwise provide information as required by this subsection.
(a) The sexual offender shall provide his or her name; date of birth; social security number; race; sex; height; weight; hair and eye color; tattoos or other identifying marks; and permanent or legal residence and address of temporary residence within the state or out of state while the sexual offender is in the care or custody or under the jurisdiction or supervision of the department in this state, including any rural route address or post office box, and the name and address of each school attended. The department shall verify the address of each sexual offender and shall report to the Department of Law Enforcement any failure by a sexual offender to comply with registration requirements.
(b) If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall provide the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change in enrollment or employment status shall be reported to the department within 48 hours after the change in status. The department shall promptly notify each institution of the sexual offender's presence and any change in the sexual offender's enrollment or employment status.
(5) In addition to notification and transmittal requirements imposed by any other provision of law, the department shall compile information on any sexual offender and provide the information to the Department of Law Enforcement. No later than November 1, 2007, the department must make the information available electronically to the Department of Law Enforcement in its database in a format that is compatible with the requirements of the Florida Crime Information Center.
(6) (a) The information provided to the Department of Law Enforcement must include the following:
1. The information obtained from the sexual offender under subsection (4).
2. The sexual offender's most current address and place of permanent or temporary residence within the state or out of state while the sexual offender is in the care or custody or under the jurisdiction or supervision of the department in this state, including the name of the county or municipality in which the offender permanently or temporarily resides and, if known, the intended place of permanent or temporary residence upon satisfaction of all sanctions.
3. The legal status of the sexual offender and the scheduled termination date of that legal status.
4. The location of, and local telephone number for, any department office that is responsible for supervising the sexual offender.
5. An indication of whether the victim of the offense that resulted in the offender's status as a sexual offender was a minor.
6. The offense or offenses at adjudication and disposition that resulted in the determination of the offender's status as a sex offender.
7. A digitized photograph of the sexual offender, which must have been taken within 60 days before the offender was released from the custody of the department or a private correctional facility by expiration of sentence under s. 944.275, or within 60 days after the onset of the department's supervision of any sexual offender who is on probation, postcommitment probation, residential commitment, nonresidential commitment, licensed child-caring commitment, community control, conditional release, parole, provisional release, or control release or who is supervised by the department under the Interstate Compact Agreement for Probationers and Parolees. If the sexual offender is in the custody of a private correctional facility, the facility shall take a digitized photograph of the sexual offender within the time period provided in this subparagraph and shall provide the photograph to the department.
(b) If any information provided by the department changes during the time the sexual offender is under the department's care, control, custody, or supervision, including any change in the offender's name by reason of marriage or other legal process, the department shall, in a timely manner, update the information and provide it to the Department of Law Enforcement in the manner prescribed in subsection (5).
(7) If the sexual offender is in the custody of a local jail, the custodian of the local jail shall register the offender within 3 business days after intake of the offender for any reason and upon release, and shall forward the information to the Department of Law Enforcement. The custodian of the local jail shall also take a digitized photograph of the sexual offender while the offender remains in custody and shall provide the digitized photograph to the Department of Law Enforcement.
(8) If the sexual offender is under federal supervision, the federal agency responsible for supervising the sexual offender may forward to the Department of Law Enforcement any information regarding the sexual offender which is consistent with the information provided by the department under this section and may indicate whether use of the information is restricted to law enforcement purposes only or may be used by the Department of Law Enforcement for purposes of public notification.
(9) A sexual offender, as described in this section, who is under the care, jurisdiction, or supervision of the department but who is not incarcerated shall, in addition to the registration requirements provided in subsection (4), register in the manner provided in s. 943.0435(3), (4), and (5), unless the sexual offender is a sexual predator, in which case he or she shall register as required under s. 775.21. A sexual offender who fails to comply with the requirements of s. 943.0435 is subject to the penalties provided in s. 943.0435(9).
(10) (a) The failure of a sexual offender to submit to the taking of a digitized photograph, or to otherwise comply with the requirements of this section, is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the adjudication and disposition occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender.
(c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under s. 943.0435(2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register.
(d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register.
(11) The department, the Department of Highway Safety and Motor Vehicles, the Department of Law Enforcement, the Department of Corrections, personnel of those departments, and any individual or entity acting at the request or upon the direction of those departments are immune from civil liability for damages for good faith compliance with this section and shall be presumed to have acted in good faith in compiling, recording, reporting, or providing information. The presumption of good faith is not overcome if technical or clerical errors are made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Law Enforcement, the Department of Corrections, personnel of those departments, or any individual or entity acting at the request or upon the direction of those departments in compiling, recording, reporting, or providing information, or, if the information is incomplete or incorrect because the information has not been provided by a person or agency required to provide it, was not reported, or was falsely reported.
(12) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section:
(a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section and, if known, the whereabouts of the sexual offender;
(b) Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the sexual offender;
(c) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal the sexual offender; or
(d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply if the sexual offender is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.
(13) (a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during every third month thereafter to the sheriff's office in the county in which he or she resides or is otherwise located to reregister.
(b) The sheriff's office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information:
1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; name and address of each school attended; date and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address.
2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status.
3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
4. Any sexual offender who fails to report in person as required at the sheriff's office, or who fails to respond to any address verification correspondence from the department within 3 weeks after the date of the correspondence, commits a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(c) The sheriff's office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the Department of Law Enforcement in a manner prescribed by that department.
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART VII. DISPOSITION; POSTDISPOSITION
Fla. Stat. § 985.483 (2009)
§ 985.483. Intensive residential treatment program for offenders less than 13 years of age
(1) CRITERIA. --A "child eligible for an intensive residential treatment program for offenders less than 13 years of age" means a child who has been found to have committed a delinquent act or a violation of law in the case currently before the court and who meets at least one of the following criteria:
(a) The child is less than 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:
1. Arson;
2. Sexual battery;
3. Robbery;
4. Kidnapping;
5. Aggravated child abuse;
6. Aggravated assault;
7. Aggravated stalking;
8. Murder;
9. Manslaughter;
10. Unlawful throwing, placing, or discharging of a destructive device or bomb;
11. Armed burglary;
12. Aggravated battery;
13. Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or
14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony.
(b) The child is less than 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed at least once to a delinquency commitment program.
(c) The child is less than 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.
(2) DETERMINATION. --After a child has been adjudicated delinquent under s. 985.35(5), the court shall determine whether the child is eligible for an intensive residential treatment program for offenders less than 13 years of age under subsection (1). If the court determines that the child does not meet the criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.
(3) PLACEMENT RECOMMENDATIONS. --After a child has been transferred for criminal prosecution, a circuit court judge may direct a juvenile probation officer to consult with designated staff from an appropriate intensive residential treatment program for offenders less than 13 years of age for the purpose of making recommendations to the court regarding the child's placement in such program.
(4) TIME AND PLACE FOR RECOMMENDATIONS. --Recommendations as to a child's placement in an intensive residential treatment program for offenders less than 13 years of age may be based on a preliminary screening of the child at appropriate sites, considering the child's location while court action is pending, which may include the nearest regional detention center or facility or jail.
(5) REPORTING RECOMMENDATIONS. --Based on the recommendations of the multidisciplinary assessment, the juvenile probation officer shall make the following recommendations to the court:
(a) For each child who has not been transferred for criminal prosecution, the juvenile probation officer shall recommend whether placement in such program is appropriate and needed.
(b) For each child who has been transferred for criminal prosecution, the juvenile probation officer shall recommend whether the most appropriate placement for the child is a juvenile justice system program, including a child who is eligible for an intensive residential treatment program for offenders less than 13 years of age, or placement in the adult correctional system. If treatment provided by an intensive residential treatment program for offenders less than 13 years of age is determined to be appropriate and needed and placement is available, the juvenile probation officer and the court shall identify the appropriate intensive residential treatment program for offenders less than 13 years of age best suited to the needs of the child.
(6) ACTION ON RECOMMENDATIONS. --The treatment and placement recommendations shall be submitted to the court for further action under this subsection:
(a) If it is recommended that placement in an intensive residential treatment program for offenders less than 13 years of age is inappropriate, the court shall make an alternative disposition under s. 985.4891 or other alternative sentencing as applicable, using the recommendation as a guide.
(b) If it is recommended that placement in an intensive residential treatment program for offenders less than 13 years of age is appropriate, the court may commit the child to the department for placement in the restrictiveness level designated for intensive residential treatment program for offenders less than 13 years of age.
(7) DURATION OF COMMITMENT. --Any commitment of a child to the department for placement in an intensive residential treatment program for offenders less than 13 years of age shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment that an adult may serve for the same offense. Any child who has not completed the residential portion of the intensive residential treatment program for offenders less than 13 years of age by his or her fourteenth birthday may be transferred to another program for committed delinquent offenders.
(8) ASSESSMENT AND TREATMENT SERVICES. --Pursuant to this chapter and the establishment of appropriate program guidelines and standards, contractual instruments, which shall include safeguards of all constitutional rights, shall be developed for intensive residential treatment programs for offenders less than 13 years of age as follows:
(a) The department shall provide for:
1. The oversight of implementation of assessment and treatment approaches.
2. The identification and prequalification of appropriate individuals or not-for-profit organizations, including minority individuals or organizations when possible, to provide assessment and treatment services to intensive offenders less than 13 years of age.
3. The monitoring and evaluation of assessment and treatment services for compliance with this chapter and all applicable rules and guidelines pursuant thereto.
4. The development of an annual report on the performance of assessment and treatment to be presented to the Governor, the Attorney General, the President of the Senate, the Speaker of the House of Representatives, the Auditor General, and the Office of Program Policy Analysis and Government Accountability no later than January 1 of each year.
(b) Assessment shall generally comprise the first 30 days of treatment and be provided by the same provider as treatment, but assessment and treatment services may be provided by separate providers where warranted. Providers shall be selected who have the capacity to assess and treat the unique problems presented by children with different racial and ethnic backgrounds. The department shall retain contractual authority to reject any assessment or treatment provider for lack of qualification.
(9) INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR OFFENDERS UNDER AGE 13.
(a) There is created the intensive residential treatment program for offenders less than 13 years of age. The program shall consist of at least 9 months of intensive secure residential treatment. Conditional release assessment and services shall be provided in accordance with s. 985.46. The components of the program shall include, but not be limited to:
1. Diagnostic evaluation services.
2. Appropriate treatment modalities, including substance abuse intervention, mental health services, and sexual behavior dysfunction interventions and gang-related behavior interventions.
3. Life skills.
4. Values clarification.
5. Case management services.
6. Educational services, including special and remedial education.
7. Recreational and leisure time activities.
8. Community involvement opportunities commencing, where appropriate, with the direct and timely payment of restitution to the victim.
9. Intensive conditional release supervision.
10. Graduated reentry into the community.
11. A diversity of forms of individual and family treatment appropriate to and consistent with the child's needs.
12. Consistent and clear consequences for misconduct.
(b) The department is authorized to contract with private companies to provide some or all of the components indicated in paragraph (a).
(c) The department shall involve local law enforcement agencies, the judiciary, school board personnel, the office of the state attorney, the office of the public defender, and community service agencies interested in or currently working with juveniles, in planning and developing this program.
(d) The department is authorized to accept funds or in-kind contributions from public or private sources to be used for the purposes of this section.
(e) The department shall establish quality assurance standards to ensure the quality and substance of mental health services provided to children with mental, nervous, or emotional disorders who may be committed to intensive residential treatment programs. The quality assurance standards shall address the possession of credentials by the mental health service providers.
(10) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND TREATMENT.
(a) Assessment and treatment shall be conducted by treatment professionals with expertise in specific treatment procedures. These professionals shall exercise all professional judgment independently of the department.
(b) Treatment provided to children in designated facilities shall be suited to the assessed needs of each individual child and shall be administered safely and humanely, with respect for human dignity.
(c) The department may promulgate rules for the implementation and operation of programs and facilities for children who are eligible for an intensive residential treatment program for offenders less than 13 years of age. The department must involve the following groups in the promulgation of rules for services for this population: local law enforcement agencies, the judiciary, school board personnel, the office of the state attorney, the office of the public defender, and community service agencies interested in or currently working with juveniles. When promulgating these rules, the department must consider program principles, components, standards, procedures for intake, diagnostic and assessment activities, treatment modalities, and case management.
(d) Any provider who acts in good faith is immune from civil or criminal liability for his or her actions in connection with the assessment, treatment, or transportation of an intensive offender less than 13 years of age under this chapter.
(e) The following provisions shall apply to children in an intensive residential treatment program for offenders less than 13 years of age:
1. A child shall begin participation in the conditional release component of the program based upon a determination made by the treatment provider and approved by the department.
2. A child shall begin participation in the community supervision component of conditional release based upon a determination made by the treatment provider and approved by the department. The treatment provider shall give written notice of the determination to the circuit court having jurisdiction over the child. If the court does not respond with a written objection within 10 days, the child shall begin the conditional release component.
3. A child shall be discharged from the program based upon a determination made by the treatment provider with the approval of the department.
4. In situations where the department does not agree with the decision of the treatment provider, a reassessment shall be performed, and the department shall use the reassessment determination to resolve the disagreement and make a final decision.
(11) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.
(a) Under this section, the department shall implement the comprehensive assessment instrument for the treatment needs of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age and for the assessment, which assessment shall include the criteria under subsection (1) and shall also include, but not be limited to, evaluation of the child's:
1. Amenability to treatment.
2. Proclivity toward violence.
3. Tendency toward gang involvement.
4. Substance abuse or addiction and the level thereof.
5. History of being a victim of child abuse or sexual abuse, or indication of sexual behavior dysfunction.
6. Number and type of previous adjudications, findings of guilt, and convictions.
7. Potential for rehabilitation.
(b) The department shall contract with multiple individuals or not-for-profit organizations to perform the assessments and treatment, and shall ensure that the staff of each provider is appropriately trained.
(c) Assessment and treatment providers shall have a written procedure developed, in consultation with licensed treatment professionals, establishing conditions under which a child's blood and urine samples will be tested for substance abuse indications. The person receiving the test results may divulge the test results to the relevant facility staff and department personnel; however, such information is exempt from ss. 119.01 and 119.07(1) and s. 24(a), Art. I of the State Constitution.
(d) Serologic blood test and urinalysis results obtained under paragraph (c) are confidential, except that they may be shared with employees or officers of the department, the court, and any assessment or treatment provider and designated facility treating the child. No person to whom the results of a test have been disclosed under this section may disclose the test results to another person not authorized under this section.
(e) The results of any serologic blood or urine test on a child who is eligible for an intensive residential treatment program for offenders less than 13 years of age shall become a part of that child's permanent medical file. Upon transfer of the child to any other designated treatment facility, such file shall be transferred in an envelope marked confidential. The results of any test designed to identify the human immunodeficiency virus, or its antigen or antibody, shall be accessible only to persons authorized by rule of the department. The provisions of such rule shall be consistent with the guidelines established by the Centers for Disease Control and Prevention.
(f) A record of the assessment and treatment of each child who is eligible for an intensive residential treatment program for offenders less than 13 years of age shall be maintained by the provider, which shall include data pertaining to the child's treatment and such other information as may be required under rules of the department. Unless waived by express and informed consent by the child or the guardian or, if the child is deceased, by the child's personal representative or by the person who stands next in line of intestate succession, the privileged and confidential status of the clinical assessment and treatment record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency.
(g) The assessment and treatment record shall not be a public record, and no part of it shall be released, except that:
1. The record shall be released to such persons and agencies as are designated by the child or the guardian.
2. The record shall be released to persons authorized by order of court, excluding matters privileged by other provisions of law.
3. The record or any part thereof shall be disclosed to a qualified researcher, as defined by rule; a staff member of the designated treatment facility; or an employee of the department when the administrator of the facility or the Secretary of Juvenile Justice deems it necessary for treatment of the child, maintenance of adequate records, compilation of treatment data, or evaluation of programs.
4. Information from the assessment and treatment record may be used for statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals.
(h) Notwithstanding other provisions of this section, the department may request, receive, and provide assessment and treatment information to facilitate treatment, rehabilitation, and continuity of care of any child who is eligible for an intensive residential treatment program for offenders less than 13 years of age from any of the following:
1. The Social Security Administration and the United States Department of Veterans Affairs.
2. Law enforcement agencies, state attorneys, defense attorneys, and judges in regard to the child's status.
3. Personnel in any facility in which the child may be placed.
4. Community agencies and others expected to provide services to the child upon his or her return to the community.
(i) Any law enforcement agency, designated treatment facility, governmental or community agency, or other entity that receives information under this section shall maintain such information as a nonpublic record as otherwise provided herein.
(j) Any agency, not-for-profit organization, or treatment professional who acts in good faith in releasing information under this subsection shall not be subject to civil or criminal liability for such release.
(k) Assessment and treatment records are confidential as described in this paragraph and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
1. The department shall have full access to the assessment and treatment records to ensure coordination of services to the child.
2. The principles of confidentiality of records as provided in s. 985.04 shall apply to the assessment and treatment records of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age.
(l) For purposes of effective administration, accurate tracking and recordkeeping, and optimal treatment decisions, each assessment and treatment provider shall maintain a central identification file on each child it treats in the intensive residential treatment program for offenders less than 13 years of age.
(m) The file of each child treated in the intensive residential treatment program for offenders less than 13 years of age shall contain, but is not limited to, pertinent children-in-need-of-services and delinquency record information maintained by the department; pertinent school records information on behavior, attendance, and achievement; and pertinent information on delinquency or children in need of services maintained by law enforcement agencies and the state attorney.
(n) All providers under this section shall, as part of their contractual duties, collect, maintain, and report to the department all information necessary to comply with mandatory reporting pursuant to the promulgation of rules by the department for the implementation of intensive residential treatment programs for offenders less than 13 years of age and the monitoring and evaluation thereof.
(o) The department is responsible for the development and maintenance of a statewide automated tracking system for children who are treated in an intensive residential treatment program for offenders less than 13 years of age.
(12) DESIGNATED TREATMENT FACILITIES.
(a) Designated facilities shall be sited and constructed by the department, directly or by contract, pursuant to departmental rules, to ensure that facility design is compatible with treatment. The department is authorized to contract for the construction of the facilities and may also lease facilities. The number of beds per facility shall not exceed 25. An assessment of need for additional facilities shall be conducted prior to the siting or construction of more than one facility in any judicial circuit.
(b) Designated facilities for an intensive residential treatment program for offenders less than 13 years of age shall be separate and secure facilities established under the authority of the department for the treatment of such children.
(c) Security for designated facilities for children who are eligible for an intensive residential treatment program for offenders less than 13 years of age shall be determined by the department. The department is authorized to contract for the provision of security.
(d) With respect to the treatment of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age under this section, designated facilities shall be immune from liability for civil damages except in instances when the failure to act in good faith results in serious injury or death, in which case liability shall be governed by s. 768.28.
(e) Minimum standards and requirements for designated treatment facilities shall be contractually prescribed under subsection (8).
TITLE 47. CRIMINAL PROCEDURE AND CORRECTIONS (Chs.
900-985)
CHAPTER 985. JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
PART XI. DEPARTMENT OF JUVENILE JUSTICE
Fla. Stat. § 985.601 (2009)
§ 985.601. Administering the juvenile justice continuum
(1) The Department of Juvenile Justice shall plan, develop, and coordinate comprehensive services and programs statewide for the prevention, early intervention, control, and rehabilitative treatment of delinquent behavior.
(2) The department shall develop and implement an appropriate continuum of care that provides individualized, multidisciplinary assessments, objective evaluations of relative risks, and the matching of needs with placements for all children under its care, and that uses a system of case management to facilitate each child being appropriately assessed, provided with services, and placed in a program that meets the child's needs.
(3) (a) The department shall develop or contract for diversified and innovative programs to provide rehabilitative treatment, including early intervention and prevention, diversion, comprehensive intake, case management, diagnostic and classification assessments, individual and family counseling, shelter care, diversified detention care emphasizing alternatives to secure detention, diversified probation, halfway houses, foster homes, community-based substance abuse treatment services, community-based mental health treatment services, community-based residential and nonresidential programs, environmental programs, and programs for serious or habitual juvenile offenders. Each program shall place particular emphasis on reintegration and conditional release for all children in the program.
(b) The Legislature intends that, whenever possible and reasonable, the department make every effort to consider qualified faith-based organizations on an equal basis with other private organizations when selecting contract providers of services to juveniles.
(c) The department may contract with faith-based organizations on the same basis as any other nongovernmental providers, without impairing the religious character of such organizations. Any faith-based organization may act as a contractor in the delivery of services under any program, on the same basis as any other nongovernmental provider, without impairing the religious character of such organization. A faith-based organization, which has entered into a contract with the department, shall retain its independence from state and local governments with regard to control over the definition, development, practice, and expression of its religious beliefs. The department shall not require a faith-based organization to alter its form of internal government or remove religious art, icons, scripture, or other symbols in order to be eligible to contract as a provider.
(d) The department may include in any services contract a requirement that providers prepare plans describing their implementation of paragraphs (a) and (c). A failure to deliver such plans, if required, may be considered by the department as a breach of the contract that may result in cancellation of the contract.
(4) The department shall maintain continuing cooperation with the Department of Education, the Department of Children and Family Services, the Agency for Workforce Innovation, and the Department of Corrections for the purpose of participating in agreements with respect to dropout prevention and the reduction of suspensions, expulsions, and truancy; increased access to and participation in GED, vocational, and alternative education programs; and employment training and placement assistance. The cooperative agreements between the departments shall include an interdepartmental plan to cooperate in accomplishing the reduction of inappropriate transfers of children into the adult criminal justice and correctional systems.
(5) The department may provide consulting services and technical assistance to courts, law enforcement agencies, and other state agencies, local governments, and public and private organizations, and may develop or assist in developing community interest and action programs relating to intervention against, diversion from, and prevention and treatment of, delinquent behavior.
(6) In view of the importance of the basic values of work, responsibility, and self-reliance to a child's return to his or her community, the department may pay a child a reasonable sum of money for work performed while employed in any of the department's work programs. The work programs shall be designed so that the work benefits the department or the state, their properties, or the child's community. Funds for payments shall be provided specifically for salaries pursuant to this subsection, and payments shall be made pursuant to a plan approved or rules adopted by the department.
(7) The department shall administer programs and services for children in need of services and families in need of services and shall coordinate its efforts with those of the Federal Government, state agencies, county and municipal governments, private agencies, and child advocacy groups. The department shall establish standards for, providing technical assistance to, and exercising the requisite supervision of, services and programs for children in all state-supported facilities and programs.
(8) The department shall ensure that personnel responsible for the care, supervision, and individualized treatment of children are appropriately apprised of the requirements of this chapter and trained in the specialized areas required to comply with standards established by rule.
(9) (a) The department shall operate a statewide, regionally administered system of detention services for children, in accordance with a comprehensive plan for the regional administration of all detention services in the state. The plan must provide for the maintenance of adequate availability of detention services for all counties. The plan must cover all the department's operating circuits, with each operating circuit having a secure facility and nonsecure and home detention programs, and the plan may be altered or modified by the Department of Juvenile Justice as necessary.
(b) The department shall adopt rules prescribing standards and requirements with reference to:
1. The construction, equipping, maintenance, staffing, programming, and operation of detention facilities;
2. The treatment, training, and education of children confined in detention facilities;
3. The cleanliness and sanitation of detention facilities;
4. The number of children who may be housed in detention facilities per specified unit of floor space;
5. The quality, quantity, and supply of bedding furnished to children housed in detention facilities;
6. The quality, quantity, and diversity of food served in detention facilities and the manner in which it is served;
7. The furnishing of medical attention and health and comfort items in detention facilities; and
8. The disciplinary treatment administered in detention facilities.
(c) The rules must provide that the time spent by a child in a detention facility must be devoted to educational training and other types of self-motivation and development. The use of televisions, radios, and audio players shall be restricted to educational programming. However, the manager of a detention facility may allow noneducational programs to be used as a reward for good behavior. Exercise must be structured and calisthenic and aerobic in nature and may include weight lifting.
(d) Each programmatic, residential, and service contract or agreement entered into by the department must include a cooperation clause for purposes of complying with the department's quality assurance requirements, cost-accounting requirements, and the program outcome evaluation requirements.
(10) The department shall implement procedures to ensure that educational support activities are provided throughout the juvenile justice continuum. Such activities may include, but are not limited to, mentoring, tutoring, group discussions, homework assistance, library support, designated reading times, independent living, personal finance, and other appropriate educational activities.
TITLE 48. K-20 EDUCATION CODE (Chs. 1000-1013)
CHAPTER 1006. SUPPORT FOR LEARNING
PART I. PUBLIC K-12 EDUCATION SUPPORT FOR LEARNING AND STUDENT SERVICES
SUBPART C. STUDENT DISCIPLINE AND SCHOOL SAFETY
Fla. Stat. § 1006.07 (2009)
§ 1006.07. District school board duties relating to student discipline and school safety
The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including:
(1) CONTROL OF STUDENTS.
(a) Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the student's parent must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline.
(b) Require each student at the time of initial registration for school in the school district to note previous school expulsions, arrests resulting in a charge, and juvenile justice actions the student has had, and have the authority as the district school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public district school board or private school, or lab school, for an act which would have been grounds for expulsion according to the receiving district school board's code of student conduct, in accordance with the following procedures:
1. A final order of expulsion shall be recorded in the records of the receiving school district.
2. The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion.
3. The district school superintendent of the receiving school district may recommend to the district school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the district school board, with or without the recommendation of the district school superintendent, the student may be placed in an appropriate educational program at the direction of the district school board.
(2) CODE OF STUDENT CONDUCT. --Adopt a code of student conduct for elementary schools and a code of student conduct for middle and high schools and distribute the appropriate code to all teachers, school personnel, students, and parents, at the beginning of every school year. Each code shall be organized and written in language that is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory council meetings, and parent and teacher association or organization meetings. Each code shall be based on the rules governing student conduct and discipline adopted by the district school board and shall be made available in the student handbook or similar publication. Each code shall include, but is not limited to:
(a) Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893.
(b) Procedures to be followed for acts requiring discipline, including corporal punishment.
(c) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.
(d) Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, by any student while the student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
(e) Notice that use of a wireless communications device includes the possibility of the imposition of disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student may possess a wireless communications device while the student is on school property or in attendance at a school function. Each district school board shall adopt rules governing the use of a wireless communications device by a student while the student is on school property or in attendance at a school function.
(f) Notice that the possession of a firearm or weapon as defined in chapter 790 by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution.
(g) Notice that violence against any district school board personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
(h) Notice that violation of district school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student's privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
(i) Notice that violation of the district school board's sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
(j) Policies to be followed for the assignment of violent or disruptive students to an alternative educational program.
(k) Notice that any student who is determined to have brought a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to have possessed a firearm at school, will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred to the criminal justice or juvenile justice system. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system.
(l) Notice that any student who is determined to have made a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system.
(3) STUDENT CRIME WATCH PROGRAM. --By resolution of the district school board, implement a student crime watch program to promote responsibility among students and to assist in the control of criminal behavior within the schools.
(4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.
(a) Formulate and prescribe policies and procedures for emergency drills and for actual emergencies, including, but not limited to, fires, natural disasters, and bomb threats, for all the public schools of the district which comprise grades K-12. District school board policies shall include commonly used alarm system responses for specific types of emergencies and verification by each school that drills have been provided as required by law and fire protection codes.
(b) The district school board shall establish model emergency management and emergency preparedness procedures for the following life-threatening emergencies:
1. Weapon-use and hostage situations.
2. Hazardous materials or toxic chemical spills.
3. Weather emergencies, including hurricanes, tornadoes, and severe storms.
4. Exposure as a result of a manmade emergency.
(5) EDUCATIONAL SERVICES IN DETENTION FACILITIES. --Offer educational services to minors who have not graduated from high school and eligible students with disabilities under the age of 22 who have not graduated with a standard diploma or its equivalent who are detained in a county or municipal detention facility as defined in s. 951.23. These educational services shall be based upon the estimated length of time the student will be in the facility and the student's current level of functioning. District school superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or his or her designee, upon the assignment of a student under the age of 21 to the facility. A cooperative agreement with the district school board and applicable law enforcement units shall be developed to address the notification requirement and the provision of educational services to these students.
(6) SAFETY AND SECURITY BEST PRACTICES. --Use the Safety and Security Best Practices developed by the Office of Program Policy Analysis and Government Accountability to conduct a self-assessment of the school districts' current safety and security practices. Based on these self-assessment findings, the district school superintendent shall provide recommendations to the district school board which identify strategies and activities that the district school board should implement in order to improve school safety and security. Annually each district school board must receive the self-assessment results at a publicly noticed district school board meeting to provide the public an opportunity to hear the district school board members discuss and take action on the report findings. Each district school superintendent shall report the self-assessment results and school board action to the commissioner within 30 days after the district school board meeting.
§ 1006.08. District school superintendent duties relating to student discipline and school safety
(1) The district school superintendent shall recommend plans to the district school board for the proper accounting for all students of school age, for the attendance and control of students at school, and for the proper attention to health, safety, and other matters which will best promote the welfare of students. Each district school superintendent shall fully support the authority of his or her principals, teachers, and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, to place such students in an alternative educational setting. When the district school superintendent makes a recommendation for expulsion to the district school board, he or she shall give written notice to the student and the student's parent of the recommendation, setting forth the charges against the student and advising the student and his or her parent of the student's right to due process as prescribed by ss. 120.569 and 120.57(2). When district school board action on a recommendation for the expulsion of a student is pending, the district school superintendent may extend the suspension assigned by the principal beyond 10 school days if such suspension period expires before the next regular or special meeting of the district school board.
(2) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the contrary, the court shall, within 48 hours of the finding, notify the appropriate district school superintendent of the name and address of any student found to have committed a delinquent act, or who has had adjudication of a delinquent act withheld which, if committed by an adult, would be a felony, or the name and address of any student found guilty of a felony. Notification shall include the specific delinquent act found to have been committed or for which adjudication was withheld, or the specific felony for which the student was found guilty.
(3) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.
§ 1006.09. Duties of school principal relating to student discipline and school safety
(1) (a) Subject to law and to the rules of the State Board of Education and the district school board, the principal in charge of the school or the principal's designee shall develop policies for delegating to any teacher or other member of the instructional staff or to any bus driver transporting students of the school responsibility for the control and direction of students. Each school principal shall fully support the authority of his or her teachers and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, place such students in an alternative educational setting. The principal or the principal's designee must give full consideration to the recommendation for discipline made by a teacher, other member of the instructional staff, or a bus driver when making a decision regarding student referral for discipline.
(b) The principal or the principal's designee may suspend a student only in accordance with the rules of the district school board. The principal or the principal's designee shall make a good faith effort to immediately inform a student's parent by telephone of a student's suspension and the reasons for the suspension. Each suspension and the reasons for the suspension shall be reported in writing within 24 hours to the student's parent by United States mail. Each suspension and the reasons for the suspension shall also be reported in writing within 24 hours to the district school superintendent. A good faith effort shall be made by the principal or the principal's designee to employ parental assistance or other alternative measures prior to suspension, except in the case of emergency or disruptive conditions which require immediate suspension or in the case of a serious breach of conduct as defined by rules of the district school board. Such rules shall require oral and written notice to the student of the charges and an explanation of the evidence against him or her prior to the suspension. Each student shall be given an opportunity to present his or her side of the story. No student shall be suspended for unexcused tardiness, lateness, absence, or truancy. The principal or the principal's designee may suspend any student transported to or from school at public expense from the privilege of riding on a school bus for violation of district school board transportation policies, which shall include a policy regarding behavior at school bus stops, and the principal or the principal's designee shall give notice in writing to the student's parent and to the district school superintendent within 24 hours. School personnel shall not be held legally responsible for suspensions of students made in good faith.
(c) The principal or the principal's designee may recommend to the district school superintendent the expulsion of any student who has committed a serious breach of conduct, including, but not limited to, willful disobedience, open defiance of authority of a member of his or her staff, violence against persons or property, or any other act which substantially disrupts the orderly conduct of the school. A recommendation of expulsion or assignment to a second chance school may also be made for any student found to have intentionally made false accusations that jeopardize the professional reputation, employment, or professional certification of a teacher or other member of the school staff, according to the district school board code of student conduct. Any recommendation of expulsion shall include a detailed report by the principal or the principal's designated representative on the alternative measures taken prior to the recommendation of expulsion.
(d) The principal or the principal's designee shall include an analysis of suspensions and expulsions in the annual report of school progress.
(2) Suspension proceedings, pursuant to rules of the State Board of Education, may be initiated against any enrolled student who is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, by a proper prosecuting attorney for an incident which allegedly occurred on property other than public school property, if that incident is shown, in an administrative hearing with notice provided to the parents of the student by the principal of the school pursuant to rules adopted by the State Board of Education and to rules developed pursuant to s. 1001.54, to have an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled. Any student who is suspended as the result of such proceedings may be suspended from all classes of instruction on public school grounds during regular classroom hours for a period of time, which may exceed 10 days, as determined by the district school superintendent. The suspension shall not affect the delivery of educational services to the student, and the student shall be immediately enrolled in a daytime alternative education program, or an evening alternative education program, where appropriate. If the court determines that the student did commit the felony or delinquent act which would have been a felony if committed by an adult, the district school board may expel the student, provided that expulsion under this subsection shall not affect the delivery of educational services to the student in any residential, nonresidential, alternative, daytime, or evening program outside of the regular school setting. Any student who is subject to discipline or expulsion for unlawful possession or use of any substance controlled under chapter 893 may be entitled to a waiver of the discipline or expulsion:
(a) If the student divulges information leading to the arrest and conviction of the person who supplied the controlled substance to him or her, or if the student voluntarily discloses his or her unlawful possession of the controlled substance prior to his or her arrest. Any information divulged which leads to arrest and conviction is not admissible in evidence in a subsequent criminal trial against the student divulging the information.
(b) If the student commits himself or herself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.
(3) A student may be disciplined or expelled for unlawful possession or use of any substance controlled under chapter 893 upon the third violation of this provision.
(4) When a student has been the victim of a violent crime perpetrated by another student who attends the same school, the school principal shall make full and effective use of the provisions of subsection (2) and s. 1006.13(5). A school principal who fails to comply with this subsection shall be ineligible for any portion of the performance pay policy incentive or the differentiated pay under s. 1012.22. However, if any party responsible for notification fails to properly notify the school, the school principal shall be eligible for the incentive or differentiated pay.
(5) Any recommendation for the suspension or expulsion of a student with a disability must be made in accordance with rules adopted by the State Board of Education.
(6) Each school principal must ensure that standardized forms prescribed by rule of the State Board of Education are used to report data concerning school safety and discipline to the department. The school principal must develop a plan to verify the accuracy of reported incidents.
(7) The State Board of Education shall adopt by rule a standardized form to be used by each school principal to report data concerning school safety and discipline.
(8) The school principal shall require all school personnel to report to the principal or principal's designee any suspected unlawful use, possession, or sale by a student of any controlled substance, as defined in s. 893.02; any counterfeit controlled substance, as defined in s. 831.31; any alcoholic beverage, as defined in s. 561.01(4); or model glue. School personnel are exempt from civil liability when reporting in good faith to the proper school authority such suspected unlawful use, possession, or sale by a student. Only a principal or principal's designee is authorized to contact a parent or legal guardian of a student regarding this situation. Reports made and verified under this subsection shall be forwarded to an appropriate agency. The principal or principal's designee shall timely notify the student's parent that a verified report made under this subsection with respect to the student has been made and forwarded.
(9) A school principal or a school employee designated by the principal, if she or he has reasonable suspicion that a prohibited or illegally possessed substance or object is contained within a student's locker or other storage area, may search the locker or storage area. The district school board shall require and each school principal shall cause to be posted in each public K-12 school, in a place readily seen by students, a notice stating that a student's locker or other storage area is subject to search, upon reasonable suspicion, for prohibited or illegally possessed substances or objects. This subsection does not prohibit the use of metal detectors or specially trained animals in the course of a search for illegally possessed substances or objects.
TITLE 48. K-20 EDUCATION CODE (Chs. 1000-1013)
CHAPTER 1006. SUPPORT FOR LEARNING
PART I. PUBLIC K-12 EDUCATION SUPPORT FOR LEARNING AND STUDENT SERVICES
SUBPART C. STUDENT DISCIPLINE AND SCHOOL SAFETY
Fla. Stat. § 1006.13 (2009)
§ 1006.13. Policy of zero tolerance for crime and victimization
(1) Each district school board shall adopt a policy of zero tolerance for:
(a) Crime and substance abuse, including the reporting of delinquent acts and crimes occurring whenever and wherever students are under the jurisdiction of the district school board.
(b) Victimization of students, including taking all steps necessary to protect the victim of any violent crime from any further victimization.
(2) The zero tolerance policy shall require students found to have committed one of the following offenses to be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year, and to be referred to the criminal justice or juvenile justice system.
(a) Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school.
(b) Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity.
District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student with a disability, the district school board shall comply with applicable State Board of Education rules.
(3) Each district school board shall enter into agreements with the county sheriff's office and local police department specifying guidelines for ensuring that felonies and violent misdemeanors, whether committed by a student or adult, and delinquent acts that would be felonies or violent misdemeanors if committed by an adult, are reported to law enforcement. Each district school board shall adopt a cooperative agreement, pursuant to s. 1003.52(13) with the Department of Juvenile Justice, that specifies guidelines for ensuring that all no contact orders entered by the court are reported and enforced and that all steps necessary are taken to protect the victim of any such crime. Such agreements shall include the role of school resource officers, if applicable, in handling reported incidents, special circumstances in which school officials may handle incidents without filing a report to law enforcement, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes. The school principal shall be responsible for ensuring that all school personnel are properly informed as to their responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly taken and documented.
(4) Notwithstanding any other provision of law, each district school board shall adopt rules providing that any student found to have committed a violation of s. 784.081(1), (2), or (3) shall be expelled or placed in an alternative school setting or other program, as appropriate. Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition.
(5) (a) Notwithstanding any provision of law prohibiting the disclosure of the identity of a minor, whenever any student who is attending public school is adjudicated guilty of or delinquent for, or is found to have committed, regardless of whether adjudication is withheld, or pleads guilty or nolo contendere to, a felony violation of:
1. Chapter 782, relating to homicide;
2. Chapter 784, relating to assault, battery, and culpable negligence;
3. Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and custody offenses;
4. Chapter 794, relating to sexual battery;
5. Chapter 800, relating to lewdness and indecent exposure;
6. Chapter 827, relating to abuse of children;
7. Section 812.13, relating to robbery;
8. Section 812.131, relating to robbery by sudden snatching;
9. Section 812.133, relating to carjacking; or
10. Section 812.135, relating to home-invasion robbery, and, before or at the time of such adjudication, withholding of adjudication, or plea, the offender was attending a school attended by the victim or a sibling of the victim of the offense, the Department of Juvenile Justice shall notify the appropriate district school board of the adjudication or plea, the requirements of this paragraph, and whether the offender is prohibited from attending that school or riding on a school bus whenever the victim or a sibling of the victim is attending the same school or riding on the same school bus, except as provided pursuant to a written disposition order under s. 985.455(2). Upon receipt of such notice, the district school board shall take appropriate action to effectuate the provisions of paragraph (b).
(b) Any offender described in paragraph (a), who is not exempted as provided in paragraph (a), shall not attend any school attended by the victim or a sibling of the victim of the offense or ride on a school bus on which the victim or a sibling of the victim is riding. The offender shall be permitted by the district school board to attend another school within the district in which the offender resides, provided the other school is not attended by the victim or sibling of the victim of the offense; or the offender may be permitted by another district school board to attend a school in that district if the offender is unable to attend any school in the district in which the offender resides.
(c) If the offender is unable to attend any other school in the district in which the offender resides and is prohibited from attending school in another school district, the district school board in the school district in which the offender resides shall take every reasonable precaution to keep the offender separated from the victim while on school grounds or on school transportation. The steps to be taken by a district school board to keep the offender separated from the victim shall include, but are not limited to, in-school suspension of the offender and the scheduling of classes, lunch, or other school activities of the victim and the offender so as not to coincide.
(d) The offender, or the parents of the offender if the offender is a juvenile, shall be responsible for arranging and paying for transportation associated with or required by the offender's attending another school or that would be required as a consequence of the prohibition against riding on a school bus on which the victim or a sibling of the victim is riding. However, the offender or the parents of the offender shall not be charged for existing modes of transportation that can be used by the offender at no additional cost to the district school board.
DEPARTMENT OF EDUCATION
STATE BOARD OF EDUCATION
CHAPTER 6A-1 FINANCE AND ADMINISTRATION
6A-1.0404, F.A.C.
6A-1.0404 Zero Tolerance for School Related Violent Crime.
(1) It is essential that schools be safe and orderly to provide environments
that foster learning and high academic achievement. Goal Five of the state
education goals (Section 229.591(3)(e), Florida Statutes) calls for communities
to provide an environment that is drug-free and protects students' health,
safety, and civil rights. The goal emphasizes the personal responsibility
of students and the necessity of involving all stakeholders, including parents,
in achieving this goal. Although education and prevention are the preferred
means of achieving safe schools, there must be a clear statement of policy
that violence in schools will not be permitted. This rule implements the
State Board of Education's zero tolerance policy on school violence, crime,
and the use of weapons as part of a comprehensive approach to reducing school
violence and crime. This policy requires school districts to:
(a) Invoke the most severe consequences provided for in the Code of Student
Conduct (Section 230.23, Florida Statutes) in dealing with students who engage
in violent criminal acts on school property, on school sponsored transportation,
or during school sponsored activities;
(b) Notify a local law enforcement agency when an adult or a student commits
the offenses listed in subsection (2) of this rule, on school property, on
school sponsored transportation, or at school sponsored activities;
(c) Adopt a process for facilitating active communication and cooperation
between schools and law enforcement agencies, the Department of Health and
Rehabilitative Services, and the Department of Juvenile Justice in sharing
information that will help school officials make the best decisions regarding
students' educational services and placement;
(d) Assist teachers and other school personnel, consistent with district
school board policies and Code of Student Conduct, to act decisively and
effectively when dealing with violent and disruptive youth.
(2) Each school district shall review its Code of Student Conduct and amend
the Code, if necessary, to ensure that students found to have committed the
following offenses on school property, school sponsored transportation, or
during a school sponsored activity shall receive the most severe consequences
provided for by school board policy:
(a) homicide (murder, manslaughter);
(b) sexual battery;
(c) armed robbery;
(d) aggravated battery;
(e) battery or aggravated battery on a teacher or other school personnel;
(f) kidnapping or abduction;
(g) arson;
(h) possession, use, or sale of any firearm; or
(i) possession, use or sale of any explosive device.
(3) Prior to taking such action against any student, the school board shall
ensure that appropriate due process procedures are followed. If a student
committing one of the offenses outlined in subsection (2) of this rule is
identified as disabled and participating in a program for exceptional students,
then school personnel shall follow procedures in Rule 6A-6.0331, FAC. This
provision shall not be construed to remove a school board's discretion in
cases where mitigating circumstances may affect decisions on disciplinary
action.
(4) Each school board shall adopt a zero tolerance policy on school violence
and ensure that all students and their families are aware of this policy.
Such communications to families shall be consistent with equal access provisions
of subsection (2) of Rule 6A-6.0908, FAC. The school board shall ensure that
all school personnel are aware of the contents of this rule and the school
board's zero tolerance policy on school violence.
(5) School boards may assign more severe consequences than normally authorized
for violations of the Code of Student Conduct when the offender appears motivated
by hostility toward the victim's real or perceived gender, race, religion,
color, sexual orientation, ethnicity, ancestry, national origin, political
beliefs, marital status, age, social and family background, linguistic preference,
or disability.
(6) School officials shall ensure that local law enforcement authorities
are notified as soon as possible when one of the offenses listed in subsection
(2) of this rule is committed on school property, on school sponsored transportation,
or during a school sponsored activity. Additionally, if the offense involves
a victim, school officials shall notify the victim and the victim's parents
or legal guardian if the victim is a minor, of the offense and of the victim's
right to press charges against the offender. School personnel shall cooperate
in any investigation or other proceedings leading to the victim's exercise
of rights as provided by law.
(7) The school principal shall monitor the administration of discipline of
students to ensure that discipline is administered equitably without regard
to real or perceived gender, race, religion, color, sexual orientation, ethnicity,
ancestry, national origin, political beliefs, marital status, age, social
and family background, linguistic preference, or disability. Annually, the
principal shall review school discipline data with the school advisory council
in developing school improvement plans to maintain a safe and healthy school
environment that protects the civil rights of all students.
(8) The authority of the teacher and other instructional personnel to discipline
violent and disruptive students shall be consistent with the provisions of
the Code of Ethics (Rule 6B-1.001, FAC.,) and the Principles of Professional
Conduct of the Education Profession in Florida (Rule 6B-1.006, FAC.,) school
districts Code of Student Conduct, and schools' policies. Goals Five and
Six of Blueprint 2000 address the significance of the school providing an
environment which promotes good health and is free of violence, weapons,
hazards, vandalism, substance abuse, and disruptive influences. Within these
parameters, the teacher and other instructional personnel shall have the
authority to undertake any of the following alternatives in managing student
behavior and in ensuring the safety of all students in their classes and
schools:
(a) Create and maintain positive learning environments in which students
are actively engaged in learning, social interaction, and self-motivation;
(b) Establish classroom rules of conduct;
(c) Make reasonable efforts to protect the student from conditions harmful
to learning, mental and physical health, and safety (paragraph (3)(a) of
Rule 6B-1.006, FAC.);
(d) Establish and implement consequences for infractions of classroom rules;
(e) Assist in enforcing the Code of Student Conduct and school rules on school
property, on school sponsored transportation, and during school sponsored
activities;
(f) Assist in educating students of their rights and responsibilities as
contained in the Code of Student Conduct and school rules;
(g) As an early intervention, hold parent conferences to solicit support
for positive behavior management;
(h) Utilize existing referral and assessment procedures to determine the
violent and disruptive student's need for additional services and special
programs;
(i) If the violent and disruptive student has been identified as having disabilities
and is currently enrolled in an exceptional student education (ESE) program,
the teacher and other instructional personnel apply the provisions of Rule
6A-6.0331, FAC.;
(j) Collaborate with school resource officers, student assistance personnel,
and other student services personnel in identifying services for violent
and disruptive students;
(k) Have violent and disruptive students temporarily removed from the classroom
or area of supervision for behavior management intervention;
(l) Inform a student's parent or guardian within twenty-four (24) hours after
the student is referred for violent or disruptive behavior;
(m) When necessary, use reasonable force to protect themselves, students
and other adults from violent acts; and
(n) Press charges as authorized in Section 231.06, Florida Statutes, if a
crime has been committed against the teacher or other instructional personnel
on school property, on school sponsored transportation, or during school
sponsored activities.
(9) Teachers and other instructional personnel have responsibilities for
the safety of students and others as described in Rules 6B-1.001 and 6B-1.006,
FAC.
(10) School board policies shall allow, and school administrators shall provide,
the following upon request by school personnel:
(a) Information as to the disposition of their referrals to the administration
for violation of classroom or school rules;
(b) Assistance in behavior management if student(s) becomes uncontrollable
or in case or emergency; and
(c) Training and other assistance to improve skills in behavior management,
violence prevention, conflict resolution, and related areas.
(11) Upon receipt of notification from law enforcement, the Department of
Juvenile Justice, the Office of the State Attorney, or the court system that
a public school student has had certain types of contact with the juvenile
justice system, the superintendent of designee, within twenty-four (24) hours
of such notice, shall provide information on the nature of the contact to
the principal of the student's school of enrollment. The principal or designee,
within twenty-four (24) hours of such notice, shall provide such information
to student services personnel, school resource officers, the school student
assistance coordinator (if applicable), and the student's immediate teachers.
Immediate teachers are those in whose courses or classrooms the student in
question is currently enrolled. The above notification is required if the
public school student has:
(a) Been taken into custody for a delinquent act, a violation of law which
would be a felony if committed by an adult, or a crime of violence;
(b) Been charged with a felony or a delinquent act that would be a felony
if committed by an adult;
(c) Been adjudicated delinquent for an offense that would be a felony if
committed by an adult;
(d) Had adjudication withheld for a delinquent act that would be a felony
if committed by an adult; or
(e) Been found guilty of a felony.
(12) The principal or director of an off-site program in which the student
may be assigned shall assure that the information on that student does not
become a part of the student's permanent record and is not shared with school
personnel who do not have a need to know. In sharing the information, all
school personnel shall adhere to confidentiality provisions contained in
applicable state and federal laws and regulations.
(13) The principal or other authorized school official may use a student's
juvenile justice information, in conjunction with other relevant information,
to review a student's current educational placement and need for services,
and to protect the safety of other students and school personnel. Such placement
decisions shall be made in accordance with school board policies and state
laws and regulations governing the placement alternative.
(14) Following appropriate due process procedures, a student charged with
a felony or delinquent act that would be a felony if committed by an adult,
whether it occurred on or off the school property, may be assigned to an
alternative program or receive alternative educational services. Such assignment
may be made upon the determination that the student is eligible according
to federal or state criteria, and:
(a) The nature of the offense is such that the student poses a threat to
the safety of other students or personnel at school;
(b) The student's safety is at risk by remaining in school with other students;
or
(c) An alternative education placement will better meet the educational,
emotional, and social needs of the student.
(15) If a principal has reason to believe that a student may have a criminal
record, the principal is authorized to request and receive information on
the criminal history of a public school student from a local law enforcement
agency. Procedures for the request, receipt, maintenance, retention, and
use of such information shall be specified in approved school board policies
and shall be included in a cooperative agreement with an appropriate local
law enforcement agency.
TITLE 48. K-20 EDUCATION CODE (Chs. 1000-1013)
CHAPTER 1012. PERSONNEL
PART III. PUBLIC SCHOOLS; PERSONNEL
SUBPART G. PERSONNEL DISCIPLINE AND ASSISTANCE IN PUBLIC SCHOOLS
Fla. Stat. § 1012.797 (2009)
§ 1012.797. Notification of district school superintendent of certain charges against or convictions of employees
(1) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the contrary, a law enforcement agency shall, within 48 hours, notify the appropriate district school superintendent of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. The notification shall include the specific charge for which the employee of the school district was arrested. Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university lab schools, and private elementary and secondary schools.
(2) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.