CS/CS/HB 1153 full text · Session Watch

2 An act relating to juvenile justice; amending s.

3 14.33, F.S.; authorizing the Governor to award a Medal

4 of Heroism to juvenile detention and juvenile

5 probation officers; amending ss. 112.19 and 112.193,

6 F.S.; revising the definition of the term "law

7 enforcement, correctional, or correctional probation

8 officer" to include juvenile detention and juvenile

9 probation officers; amending s. 112.194, F.S.;

10 authorizing certain entities to establish an award

11 program to award a Medal of Valor to a juvenile

12 detention officer or probation officer in certain

13 circumstances; amending s. 787.035, F.S.; specifying

14 that a certain reference to the department is a

15 reference to the Department of Juvenile Justice;

16 amending s. 943.10, F.S.; revising the definition of

17 the term "officer" to include juvenile detention and

18 juvenile probation officers; defining the terms

19 "juvenile detention officer" and "juvenile probation

20 officer"; amending s. 984.03, F.S.; revising the

21 definition of the term "family in need of services";

22 amending s. 984.09, F.S.; providing that a child

23 subject to proceedings under ch. 984, F.S., may only

24 be placed in a shelter in certain circumstances;

25 amending s. 985.6865, F.S.; requiring the Department

26 of Juvenile Justice to direct the Department of

27 Revenue to deduct specified amounts owed to the

28 Department of Juvenile Justice upon a certain

29 determination; requiring the Department of Revenue to

30 transfer such funds into a certain trust fund;

31 specifying requirements relating to such reductions in

32 amounts distributed to counties; reenacting s.

33 112.1912(1)(a), F.S., relating to first responders,

34 death benefits for educational expenses, to

35 incorporate the amendment made to s. 112.19, F.S., in

36 a reference thereto; reenacting ss. 384.287(1),

37 493.6102(1), 741.31(4)(b), 782.07(4), and 790.233(3),

38 F.S., relating to screening for sexually transmissible

39 disease, inapplicability of this chapter, violation of

40 an injunction for protection against domestic

41 violence, manslaughter, aggravated manslaughter of an

42 elderly person or disabled adult, aggravated

43 manslaughter of a child, aggravated manslaughter of an

44 officer, a firefighter, an emergency medical

45 technician, or a paramedic, possession of firearm or

46 ammunition prohibited when person is subject to an

47 injunction against committing acts of domestic

48 violence, stalking, or cyberstalking, penalties, to

49 incorporate the amendment made to s. 943.10, F.S., in

50 references thereto; reenacting ss. 39.01(1) and

51 (37)(e), 44.1011(2)(d), 44.102(2)(d), 984.04(1),

52 984.071(1), 984.10(1) and (2), 984.12, 984.13(3), and

53 985.03(23), F.S., relating to definitions in

54 proceedings relating to children, definitions in

55 dependency mediation, court-ordered mediation, early

56 truancy intervention, families in need of services and

57 children in need of services, procedures and

58 jurisdiction, resources and information, intake, case

59 staffing, services and treatment related to a family

60 in need of services, taking a child into custody, and

61 definitions relating to juvenile justice,

62 respectively, to incorporate the amendment made to s.

63 984.03, F.S., in references thereto; reenacting ss.

64 984.03(33), 984.07(1), and 984.151(12), F.S., relating

65 to definitions relating to children and families in

66 need of services, right to counsel, waiver, appointed

67 counsel, compensation, and early truancy intervention,

68 truancy petition, judgment, respectively, to

69 incorporate the amendment made to s. 984.09, F.S., in

70 references thereto; providing an effective date.

72 Be It Enacted by the Legislature of the State of Florida:

74 Section 1. Subsection (1) of section 14.33, Florida

75 Statutes, is amended to read:

76 14.33 Medal of Heroism.—

77 (1) The Governor may award a Medal of Heroism of

78 appropriate design, with ribbons and appurtenances, to a law

79 enforcement, correctional, or correctional probation officer,

80 juvenile detention officer, or juvenile probation officer, as

81 defined in s. 943.10(14); a firefighter, as defined in s.

82 112.191(1)(b); an emergency medical technician, as defined in s.

83 401.23; or a paramedic, as defined in s. 401.23. A recipient

84 must have distinguished himself or herself conspicuously by

85 gallantry and intrepidity, must have risked his or her life

86 deliberately above and beyond the call of duty while performing

87 duty in his or her respective position, and must have engaged in

88 hazardous or perilous activities to preserve lives with the

89 knowledge that such activities might result in great personal

90 harm.

91 Section 2. Section 112.19, Florida Statutes, is amended to

92 read:

93 112.19 Law enforcement, correctional, and correctional

94 probation officers; death benefits.—

95 (1) As used in this section, the term:

96 (a) "Employer" means a state board, commission,

97 department, division, bureau, or agency, or a county,

98 municipality, or other political subdivision of the state, which

99 employs, appoints, or otherwise engages the services of law

100 enforcement, correctional, or correctional probation officers.

101 (b) "Fresh pursuit" means the pursuit of a person who has

102 committed or is reasonably suspected of having committed a

103 felony, misdemeanor, traffic infraction, or violation of a

104 county or municipal ordinance. The term does not imply instant

105 pursuit, but pursuit without unreasonable delay.

106 (c) "Insurance" means insurance procured from a stock

107 company or mutual company or association or exchange authorized

108 to do business as an insurer in this state.

109 (d) "Law enforcement, correctional, or correctional

110 probation officer" means any officer as defined in s. 943.10(14)

111 or employee of the state or any political subdivision of the

112 state, including any law enforcement officer, correctional

113 officer, correctional probation officer, juvenile detention

114 officer, juvenile probation officer, state attorney

115 investigator, public defender investigator, or criminal conflict

116 and civil regional counsel investigator, whose duties require

117 such officer or employee to investigate, pursue, apprehend,

118 arrest, transport, or maintain custody of persons who are

119 charged with, suspected of committing, or convicted of a crime;

120 and the term includes any member of a bomb disposal unit whose

121 primary responsibility is the location, handling, and disposal

122 of explosive devices. The term also includes any full-time

123 officer or employee of the state or any political subdivision of

124 the state, certified pursuant to chapter 943, whose duties

125 require such officer to serve process or to attend a session of

126 a circuit or county court as bailiff.

127 (2)(a) The sum of $75,000 must be paid as provided in this

128 section when a law enforcement, correctional, or correctional

129 probation officer, while engaged in the performance of the

130 officer's law enforcement duties, is accidentally killed or

131 receives accidental bodily injury which results in the loss of

132 the officer's life, provided that such killing is not the result

133 of suicide and that such bodily injury is not intentionally

134 self-inflicted.

135 (b) The sum of $75,000 must be paid as provided in this

136 section if a law enforcement, correctional, or correctional

137 probation officer is accidentally killed as specified in

138 paragraph (a) and the accidental death occurs:

139 1. As a result of the officer's response to fresh pursuit;

140 2. As a result of the officer's response to what is

141 reasonably believed to be an emergency;

142 3. At the scene of a traffic accident to which the officer

143 has responded; or

144 4. While the officer is enforcing what is reasonably

145 believed to be a traffic law or ordinance.

147 This sum is in addition to any sum provided for in paragraph

148 (a).

149 (c) If a law enforcement, correctional, or correctional

150 probation officer, while engaged in the performance of the

151 officer's law enforcement duties, is unlawfully and

152 intentionally killed or dies as a result of such unlawful and

153 intentional act, the sum of $225,000 must be paid as provided in

154 this section.

155 (d) Such payments, pursuant to paragraphs (a), (b), and

156 (c), whether secured by insurance or not, must be made to the

157 beneficiary designated by such law enforcement, correctional, or

158 correctional probation officer in writing, signed by the officer

159 and delivered to the employer during the officer's lifetime. If

160 no such designation is made, then the payments must be paid to

161 the officer's surviving child or children and to the officer's

162 surviving spouse in equal portions, and if there is no surviving

163 child or spouse, then to the officer's parent or parents. If a

164 beneficiary is not designated and there is no surviving child,

165 spouse, or parent, then the sum must be paid to the officer's

166 estate.

167 (e) Such payments, pursuant to paragraphs (a), (b), and

168 (c), are in addition to any workers' compensation or retirement

169 plan benefits and are exempt from the claims and demands of

170 creditors of such law enforcement, correctional, or correctional

171 probation officer.

172 (f) If a full-time law enforcement, correctional, or

173 correctional probation officer who is certified pursuant to

174 chapter 943 and employed by a state agency is killed in the line

175 of duty while the officer is engaged in the performance of law

176 enforcement duties or as a result of an assault against the

177 officer under riot conditions:

178 1. The sum of $10,000 must be paid, as provided for in

179 paragraph (d), toward the funeral and burial expenses of such

180 officer. Such benefits are in addition to any other benefits to

181 which employee beneficiaries and dependents are entitled under

182 the Workers' Compensation Law or any other state or federal

183 statutes; and

184 2. The officer's employing agency may pay up to $5,000

185 directly toward the venue expenses associated with the funeral

186 and burial services of such officer.

187 (g) Any political subdivision of the state that employs a

188 full-time law enforcement officer as defined in s. 943.10(1) or

189 a full-time correctional officer as defined in s. 943.10(2) who

190 is killed in the line of duty on or after July 1, 1993, as a

191 result of an act of violence inflicted by another person while

192 the officer is engaged in the performance of law enforcement

193 duties or as a result of an assault against the officer under

194 riot conditions shall pay the entire premium of the political

195 subdivision's health insurance plan for the employee's surviving

196 spouse until remarried, and for each dependent child of the

197 employee until the child reaches the age of majority or until

198 the end of the calendar year in which the child reaches the age

199 of 25 if:

200 1. At the time of the employee's death, the child is

201 dependent upon the employee for support; and

202 2. The surviving child continues to be dependent for

203 support, or the surviving child is a full-time or part-time

204 student and is dependent for support.

205 (h)1. Any employer who employs a full-time law

206 enforcement, correctional, or correctional probation officer

207 who, on or after January 1, 1995, suffers a catastrophic injury,

208 as defined in s. 440.02, Florida Statutes 2002, in the line of

209 duty shall pay the entire premium of the employer's health

210 insurance plan for the injured employee, the injured employee's

211 spouse, and for each dependent child of the injured employee

212 until the child reaches the age of majority or until the end of

213 the calendar year in which the child reaches the age of 25 if

214 the child continues to be dependent for support, or the child is

215 a full-time or part-time student and is dependent for support.

216 The term "health insurance plan" does not include supplemental

217 benefits that are not part of the basic group health insurance

218 plan. If the injured employee subsequently dies, the employer

219 shall continue to pay the entire health insurance premium for

220 the surviving spouse until remarried, and for the dependent

221 children, under the conditions outlined in this paragraph.

222 However:

223 a. Health insurance benefits payable from any other source

224 shall reduce benefits payable under this section.

225 b. It is unlawful for a person to willfully and knowingly

226 make, or cause to be made, or to assist, conspire with, or urge

227 another to make, or cause to be made, any false, fraudulent, or

228 misleading oral or written statement to obtain health insurance

229 coverage as provided under this paragraph. A person who violates

230 this sub-subparagraph commits a misdemeanor of the first degree,

231 punishable as provided in s. 775.082 or s. 775.083.

232 c. In addition to any applicable criminal penalty, upon

233 conviction for a violation as described in sub-subparagraph b.,

234 a law enforcement, correctional, or correctional probation

235 officer or other beneficiary who receives or seeks to receive

236 health insurance benefits under this paragraph shall forfeit the

237 right to receive such health insurance benefits, and shall

238 reimburse the employer for all benefits paid due to the fraud or

239 other prohibited activity. For purposes of this sub-

240 subparagraph, the term "conviction" means a determination of

241 guilt that is the result of a plea or trial, regardless of

242 whether adjudication is withheld.

243 2. In order for the officer, spouse, and dependent

244 children to be eligible for such insurance coverage, the injury

245 must have occurred while the officer was in the line of duty or

246 engaged in an official training exercise. Except as otherwise

247 provided herein, this paragraph may not be construed to limit

248 health insurance coverage for which the officer, spouse, or

249 dependent children may otherwise be eligible, except that a

250 person who qualifies under this section is not eligible for the

251 health insurance subsidy provided under chapter 121, chapter

252 175, or chapter 185.

253 (i) The Bureau of Crime Prevention and Training within the

254 Department of Legal Affairs shall adopt rules necessary to

255 implement paragraphs (a), (b), and (c).

256 (3) If a law enforcement, correctional, or correctional

257 probation officer is accidentally killed as specified in

258 paragraph (2)(b) on or after June 22, 1990, but before July 1,

259 2019, or unlawfully and intentionally killed as specified in

260 paragraph (2)(c) on or after July 1, 1980, but before July 1,

261 2019, the state must waive certain educational expenses that the

262 child or spouse of the deceased officer incurs while obtaining a

263 career certificate, an undergraduate education, or a

264 postgraduate education. The amount waived by the state must be

265 in an amount equal to the cost of tuition and matriculation and

266 registration fees for a total of 120 credit hours. The child or

267 spouse may attend a state career center, a Florida College

268 System institution, or a state university on either a full-time

269 or part-time basis. The benefits provided to a child under this

270 subsection shall continue until the child's 25th birthday. The

271 benefits provided to a spouse under this subsection must

272 commence within 5 years after the death occurs, and entitlement

273 thereto shall continue until the 10th anniversary of that death.

274 (a) Upon failure of any child or spouse who receives a

275 waiver in accordance with this subsection to comply with the

276 ordinary and minimum requirements regarding discipline and

277 scholarship of the institution attended, such benefits must be

278 withdrawn as to the child or spouse and no further moneys may be

279 expended for the child's or spouse's benefits so long as such

280 failure or delinquency continues.

281 (b) Only a student in good standing in his or her

282 respective institution may receive the benefits provided in this

283 subsection.

284 (c) A child or spouse receiving benefits under this

285 subsection must be enrolled according to the customary rules and

286 requirements of the institution attended.

287 (4)(a) The employer of such law enforcement, correctional,

288 or correctional probation officer is liable for the payment of

289 the sums specified in this section and is deemed self-insured,

290 unless it procures and maintains, or has already procured and

291 maintained, insurance to secure such payments. Any such

292 insurance may cover only the risks indicated in this section, in

293 the amounts indicated in this section, or it may cover those

294 risks and additional risks and may be in larger amounts. Any

295 such insurance must be placed by such employer only after public

296 bid of such insurance coverage which must be awarded to the

297 carrier making the lowest best bid.

298 (b) Payment of benefits to beneficiaries of state

299 employees, or of the premiums to cover the risk, under this

300 section must be paid from existing funds otherwise appropriated

301 to the department employing the law enforcement, correctional,

302 or correctional probation officers.

303 (5) The State Board of Education shall adopt rules and

304 procedures, and the Board of Governors shall adopt regulations

305 and procedures, as are appropriate and necessary to implement

306 the educational benefits provisions of this section.

307 (6) Notwithstanding any provision of this section to the

308 contrary, the death benefits provided in paragraphs (2)(c) and

309 (g) shall also be applicable and paid in cases where an officer

310 received bodily injury before July 1, 1993, and subsequently

311 died on or after July 1, 1993, as a result of such in-line-of-

312 duty injury attributable to an unlawful and intentional act, or

313 an act of violence inflicted by another, or an assault on the

314 officer under riot conditions. Payment of such benefits must be

315 in accordance with this section. This subsection may not be

316 construed to limit death benefits for which those individuals

317 listed in paragraph (2)(d) may otherwise be eligible.

318 Section 3. Paragraph (b) of subsection (1) and subsections

319 (2) and (3) of section 112.193, Florida Statutes, are amended to

320 read:

321 112.193 Law enforcement, correctional, ~~and~~ correctional

322 probation, juvenile detention, and juvenile probation officers'

323 commemorative service awards.—

324 (1) For the purposes of this section, the term:

325 (b) "Law enforcement, correctional, or correctional

326 probation, juvenile detention, or juvenile probation officer"

327 means any full-time, part-time, or auxiliary officer as defined

328 in s. 943.10(14).

329 (2) Each employer that employs or appoints law

330 enforcement, correctional, or correctional probation, juvenile

331 detention, or juvenile probation officers may present to each

332 such employee who retires under any provision of a state or

333 municipal retirement system, including medical disability

334 retirement, or who is eligible to retire under any such

335 provision but, instead, resigns from one employer to accept an

336 elected public office, one complete uniform including the badge

337 worn by that officer, the officer's service handgun, if one was

338 issued as part of the officer's equipment, and an identification

339 card clearly marked "RETIRED."

340 (3) Upon the death of a law enforcement, correctional, or

341 correctional probation, juvenile detention, or juvenile

342 probation officer, the employer may present to the spouse or

343 other beneficiary of the officer, upon request, one complete

344 uniform, including the badge worn by the officer. However, if a

345 law enforcement, correctional, or correctional probation,

346 juvenile detention, or juvenile probation officer is killed in

347 the line of duty, the employer may present, upon request, to the

348 spouse or other beneficiary of the officer the officer's

349 service-issued handgun, if one was issued as part of the

350 officer's equipment. If the employer is not in possession of the

351 service-issued handgun, the employer may, within its discretion,

352 and upon written request of the spouse or other beneficiary,

353 present a similar handgun. The provisions of this section shall

354 also apply in that instance to a law enforcement or correctional

355 officer who died before May 1, 1993. In addition, the officer's

356 service handgun may be presented by the employer for any such

357 officer who was killed in the line of duty prior to this act

358 becoming a law.

359 Section 4. Subsections (1) and (3) of section 112.194,

360 Florida Statutes, are amended to read:

361 112.194 Law enforcement ~~and~~ correctional, juvenile

362 detention, and juvenile probation officers' Medal of Valor.—

363 (1) Any state board, commission, department, division,

364 bureau, or agency, or any county or municipality that employs or

365 appoints law enforcement officers, or correctional officers,

366 juvenile detention officers, or juvenile probation officers, as

367 defined in s. 943.10(14), may establish an award program to

368 award a Medal of Valor to any such officer whose actions are

369 extraordinary and expose the officer to peril beyond the call of

370 duty.

371 (3) Upon the death of such a law enforcement officer or

372 correctional officer, juvenile detention officer, or juvenile

373 probation officer, the employer may present the Medal of Valor

374 posthumously to the officer's closest living relative.

375 Section 5. Paragraph (a) of subsection (1) of section

376 787.035, Florida Statutes, is amended to read:

377 787.035 Sheltering unmarried minors; aiding unmarried

378 minor runaways; violations.—

379 (1)(a) A person who is not an authorized agent of the

380 Department of Juvenile Justice or the Department of Children and

381 Families may not knowingly shelter an unmarried minor for more

382 than 24 hours without the consent of the minor's parent or

383 guardian or without notifying a law enforcement officer of the

384 minor's name and the fact that the minor is being provided

385 shelter.

386 Section 6. Subsection (14) of section 943.10, Florida

387 Statutes, is amended, and new subsections (23) and (24) are

388 added to that section, to read:

389 943.10 Definitions; ss. 943.085-943.255.—The following

390 words and phrases as used in ss. 943.085-943.255 are defined as

391 follows:

392 (14) "Officer" means any person employed or appointed as a

393 full-time, part-time, or auxiliary law enforcement officer,

394 correctional officer, or correctional probation officer,

395 juvenile detention officer, or juvenile probation officer.

396 (23) "Juvenile detention officer" means an officer who is

397 responsible for the direct supervision of youth who are held in

398 secure detention. The term includes all certified supervisor

399 personnel whose duties include, in whole or in part, the

400 supervision, training, and guidance of juvenile detention

401 officers, but does not include support personnel employed by the

402 employing agency.

403 (24) "Juvenile probation officer" means an authorized

404 agent of the Department of Juvenile Justice who performs the

405 intake, case management, or supervision functions. The term

406 includes all certified supervisory personnel whose duties

407 include, in whole or in part, the supervision, training, and

408 guidance of juvenile probation officers, but does not include

409 support personnel employed by the employing agency.

410 Section 7. Subsection (15) of section 984.03, Florida

411 Statutes, is amended to read:

412 984.03 Definitions.—When used in this chapter, the term:

413 (15) "Family in need of services" means a family that has

414 a child who is running away; who is ungovernable and

415 persistently disobeying reasonable and lawful demands of the

416 parent, or legal guardian, or custodian and is beyond the

417 control of the parent, or legal guardian, or custodian; or who

418 is a habitual truant or engaging in other serious behaviors that

419 place the child at risk of future abuse, neglect, or abandonment

420 or at risk of entering the juvenile justice system. The child

421 must be referred to a law enforcement agency, the department, or

422 an agency contracted to provide services to children in need of

423 services. A family is not eligible to receive voluntary family

424 services if, at the time of the referral, the child is currently

425 under court-ordered supervision by the department for

426 delinquency under chapter 985 or under court-ordered supervision

427 by the Department of Children and Families under chapter 39.

428 Section 8. Subsection (2) of section 984.09, Florida

429 Statutes, is amended to read:

430 984.09 Punishment for contempt of court; alternative

431 sanctions.—

432 (2) PLACEMENT IN A SHELTER.—A child subject to proceedings

433 under this chapter ~~adjudicated as a child in need of services~~

434 may only be placed in a shelter for purposes of punishment for

435 contempt of court if alternative sanctions are unavailable or

436 inappropriate, or if the child has already been ordered to serve

437 an alternative sanction but failed to comply with the sanction.

438 Section 9. Section 985.6865, Florida Statutes, is amended

439 to read:

440 985.6865 Juvenile detention costs.—

441 (1) As used in this section, the term:

442 (a) "Detention care" means secure detention and respite

443 beds for juveniles charged with a domestic violence crime.

444 (b) "Fiscally constrained county" means a county within a

445 rural area of opportunity as designated by the Governor pursuant

446 to s. 288.0656 or each county for which the value of a mill will

447 raise no more than $5 million in revenue, based on the certified

448 school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,

449 from the previous July 1.

450 (c) "Total shared detention costs" means the amount of

451 funds expended by the department for the costs of detention care

452 for the prior fiscal year. This amount includes the most recent

453 actual certify forward amounts minus any funds it expends on

454 detention care for juveniles residing in fiscally constrained

455 counties or out of state.

456 (2) Annually by July 15, the department shall calculate

457 and provide to each county that is not a fiscally constrained

458 county and that does not provide its own detention care for

459 juveniles its annual percentage share by dividing the total

460 number of detention days for juveniles residing in the county

461 for the most recently completed 12-month period by the total

462 number of detention days for juveniles in all counties that are

463 not fiscally constrained counties during the same period. The

464 annual percentage share of each county that is not a fiscally

465 constrained county and that does not provide its own detention

466 care for juveniles must be multiplied by 50 percent of the total

467 shared detention costs to determine that county's share of

468 detention costs. Beginning August 1, each such county shall pay

469 to the department its share of detention costs, which shall be

470 paid in 12 equal payments due on the first day of each month.

471 The state shall pay the remaining actual costs of detention

472 care.

473 (3) Each quarter, the department shall review county

474 juvenile detention payments to ensure that counties fulfill

475 their financial responsibilities required under this section. If

476 the department determines that a county has not met its

477 obligations, the department must direct the Department of

478 Revenue to deduct the amount owed to the department from the

479 funds provided to the county under s. 218.23. The Department of

480 Revenue shall transfer the funds withheld into the Shared

481 County/State Juvenile Detention Trust Fund.

482 (4) As an assurance to holders of bonds issued by counties

483 before July 1 of each year, for which distributions made

484 pursuant to s. 218.23 are pledged, or bonds issued to refund

485 such bonds which mature no later than the bonds they refunded

486 and which result in a reduction of debt service payable in each

487 fiscal year, the amount available for distribution to a county

488 shall remain as provided by law and continue to be subject to

489 any lien or claim on behalf of the bondholders. The Department

490 of Revenue must ensure, based on information provided by an

491 affected county, that any reduction in amounts distributed

492 pursuant to subsection (3) does not reduce the amount of

493 distribution to a county below the amount necessary for the

494 timely payment of principal and interest when due on the bonds

495 and the amount necessary to comply with any covenant under the

496 bond resolution or other documents relating to the issuance of

497 the bonds. If a reduction to a county's monthly distribution

498 must be decreased in order to comply with this section, the

499 Department of Revenue must notify the department of the amount

500 of the decrease, and the department must send a bill for payment

501 of such amount to the affected county.

502 (5)(3) The state shall pay all costs of detention care for

503 juveniles residing in a fiscally constrained county and for

504 juveniles residing out of state. The state shall pay all costs

505 of detention care for juveniles housed in state detention

506 centers from counties that provide their own detention care for

507 juveniles.

508 (6)(4) Each county that is not a fiscally constrained

509 county and that does not provide its own detention care for

510 juveniles shall incorporate into its annual county budget

511 sufficient funds to pay its annual percentage share of the total

512 shared detention costs required by subsection (2).

513 (7)(5) Funds paid by the counties to the department

514 pursuant to this section must be deposited into the Shared

515 County/State Juvenile Detention Trust Fund.

516 ~~(6) The department shall determine each quarter whether~~

517 ~~the counties are remitting funds as required by this section.~~

518 (8)(7) Funds received from counties pursuant to this

519 section are not subject to the service charges provided in s.

520 215.20.

521 (9)(8) The department may adopt rules to administer this

522 section.

523 Section 10. For the purpose of incorporating the amendment

524 made by this act to section 112.19, Florida Statutes, in a

525 reference thereto, paragraph (a) of subsection (1) of section

526 112.1912, Florida Statutes, is reenacted to read:

527 112.1912 First responders; death benefits for educational

528 expenses.—

529 (1) As used in this section, the term "first responder"

530 means:

531 (a) A law enforcement, correctional, or correctional

532 probation officer as defined in s. 112.19(1) who is killed as

533 provided in s. 112.19(2) on or after July 1, 2019;

534 Section 11. For the purpose of incorporating the amendment

535 made by this act to section 943.10, Florida Statutes, in a

536 reference thereto, subsection (1) of section 384.287, Florida

537 Statutes, is reenacted to read:

538 384.287 Screening for sexually transmissible disease.—

539 (1) An officer as defined in s. 943.10(14); support

540 personnel as defined in s. 943.10(11) who are employed by the

541 Department of Law Enforcement, including, but not limited to,

542 any crime scene analyst, forensic technologist, or crime lab

543 analyst; firefighter as defined in s. 633.102; or ambulance

544 driver, paramedic, or emergency medical technician as defined in

545 s. 401.23, acting within the scope of employment, who comes into

546 contact with a person in such a way that significant exposure,

547 as defined in s. 381.004, has occurred may request that the

548 person be screened for a sexually transmissible disease that can

549 be transmitted through a significant exposure.

550 Section 12. For the purpose of incorporating the amendment

551 made by this act to section 943.10, Florida Statutes, in a

552 reference thereto, subsection (1) of section 493.6102, Florida

553 Statutes, is reenacted to read:

554 493.6102 Inapplicability of this chapter.—This chapter

555 shall not apply to:

556 (1) Any individual who is an "officer" as defined in s.

557 943.10(14) or is a law enforcement officer of the United States

558 Government, while such local, state, or federal officer is

559 engaged in her or his official duties or when performing off-

560 duty security activities approved by her or his superiors.

561 Section 13. For the purpose of incorporating the amendment

562 made by this act to section 943.10, Florida Statutes, in a

563 reference thereto, paragraph (b) of subsection (4) of section

564 741.31, Florida Statutes, is reenacted to read:

565 741.31 Violation of an injunction for protection against

566 domestic violence.—

567 (4)

568 (b)1. It is a violation of s. 790.233, and a misdemeanor

569 of the first degree, punishable as provided in s. 775.082 or s.

570 775.083, for a person to violate a final injunction for

571 protection against domestic violence by having in his or her

572 care, custody, possession, or control any firearm or ammunition.

573 2. It is the intent of the Legislature that the

574 disabilities regarding possession of firearms and ammunition are

575 consistent with federal law. Accordingly, this paragraph shall

576 not apply to a state or local officer as defined in s.

577 943.10(14), holding an active certification, who receives or

578 possesses a firearm or ammunition for use in performing official

579 duties on behalf of the officer's employing agency, unless

580 otherwise prohibited by the employing agency.

581 Section 14. For the purpose of incorporating the amendment

582 made by this act to section 943.10, Florida Statutes, in a

583 reference thereto, subsection (4) of section 782.07, Florida

584 Statutes, is reenacted to read:

585 782.07 Manslaughter; aggravated manslaughter of an elderly

586 person or disabled adult; aggravated manslaughter of a child;

587 aggravated manslaughter of an officer, a firefighter, an

588 emergency medical technician, or a paramedic.—

589 (4) A person who causes the death, through culpable

590 negligence, of an officer as defined in s. 943.10(14), a

591 firefighter as defined in s. 112.191, an emergency medical

592 technician as defined in s. 401.23, or a paramedic as defined in

593 s. 401.23, while the officer, firefighter, emergency medical

594 technician, or paramedic is performing duties that are within

595 the course of his or her employment, commits aggravated

596 manslaughter of an officer, a firefighter, an emergency medical

597 technician, or a paramedic, a felony of the first degree,

598 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

599 Section 15. For the purpose of incorporating the amendment

600 made by this act to section 943.10, Florida Statutes, in a

601 reference thereto, subsection (3) of section 790.233, Florida

602 Statutes, is reenacted to read:

603 790.233 Possession of firearm or ammunition prohibited

604 when person is subject to an injunction against committing acts

605 of domestic violence, stalking, or cyberstalking; penalties.—

606 (3) It is the intent of the Legislature that the

607 disabilities regarding possession of firearms and ammunition are

608 consistent with federal law. Accordingly, this section does not

609 apply to a state or local officer as defined in s. 943.10(14),

610 holding an active certification, who receives or possesses a

611 firearm or ammunition for use in performing official duties on

612 behalf of the officer's employing agency, unless otherwise

613 prohibited by the employing agency.

614 Section 16. For the purpose of incorporating the amendment

615 made by this act to section 984.03, Florida Statutes, in

616 references thereto, subsection (1) and paragraph (e) of

617 subsection (37) of section 39.01, Florida Statutes, are

618 reenacted to read:

619 39.01 Definitions.—When used in this chapter, unless the

620 context otherwise requires:

621 (1) "Abandoned" or "abandonment" means a situation in

622 which the parent or legal custodian of a child or, in the

623 absence of a parent or legal custodian, the caregiver, while

624 being able, has made no significant contribution to the child's

625 care and maintenance or has failed to establish or maintain a

626 substantial and positive relationship with the child, or both.

627 For purposes of this subsection, "establish or maintain a

628 substantial and positive relationship" includes, but is not

629 limited to, frequent and regular contact with the child through

630 frequent and regular visitation or frequent and regular

631 communication to or with the child, and the exercise of parental

632 rights and responsibilities. Marginal efforts and incidental or

633 token visits or communications are not sufficient to establish

634 or maintain a substantial and positive relationship with a

635 child. A man's acknowledgment of paternity of the child does not

636 limit the period of time considered in determining whether the

637 child was abandoned. The term does not include a surrendered

638 infant as described in s. 383.50, a "child in need of services"

639 as defined in chapter 984, or a "family in need of services" as

640 defined in chapter 984. The absence of a parent, legal

641 custodian, or caregiver responsible for a child's welfare, who

642 is a servicemember, by reason of deployment or anticipated

643 deployment as defined in 50 U.S.C. s. 3938(e), may not be

644 considered or used as a factor in determining abandonment. The

645 incarceration, repeated incarceration, or extended incarceration

646 of a parent, legal custodian, or caregiver responsible for a

647 child's welfare may support a finding of abandonment.

648 (37) "Harm" to a child's health or welfare can occur when

649 any person:

650 (e) Abandons the child. Within the context of the

651 definition of "harm," the term "abandoned the child" or

652 "abandonment of the child" means a situation in which the parent

653 or legal custodian of a child or, in the absence of a parent or

654 legal custodian, the caregiver, while being able, has made no

655 significant contribution to the child's care and maintenance or

656 has failed to establish or maintain a substantial and positive

657 relationship with the child, or both. For purposes of this

658 paragraph, "establish or maintain a substantial and positive

659 relationship" includes, but is not limited to, frequent and

660 regular contact with the child through frequent and regular

661 visitation or frequent and regular communication to or with the

662 child, and the exercise of parental rights and responsibilities.

663 Marginal efforts and incidental or token visits or

664 communications are not sufficient to establish or maintain a

665 substantial and positive relationship with a child. The term

666 "abandoned" does not include a surrendered infant as described

667 in s. 383.50, a child in need of services as defined in chapter

668 984, or a family in need of services as defined in chapter 984.

669 The incarceration, repeated incarceration, or extended

670 incarceration of a parent, legal custodian, or caregiver

671 responsible for a child's welfare may support a finding of

672 abandonment.

673 Section 17. For the purpose of incorporating the amendment

674 made by this act to section 984.03, Florida Statutes, in a

675 reference thereto, paragraph (d) of subsection (2) of section

676 44.1011, Florida Statutes, is reenacted to read:

677 44.1011 Definitions.—As used in this chapter:

678 (2) "Mediation" means a process whereby a neutral third

679 person called a mediator acts to encourage and facilitate the

680 resolution of a dispute between two or more parties. It is an

681 informal and nonadversarial process with the objective of

682 helping the disputing parties reach a mutually acceptable and

683 voluntary agreement. In mediation, decisionmaking authority

684 rests with the parties. The role of the mediator includes, but

685 is not limited to, assisting the parties in identifying issues,

686 fostering joint problem solving, and exploring settlement

687 alternatives. "Mediation" includes:

688 (d) "Dependency or in need of services mediation," which

689 means mediation of dependency, child in need of services, or

690 family in need of services matters. Negotiations in dependency

691 or in need of services mediation are primarily conducted by the

692 parties. Counsel for each party may attend the mediation

693 conference and privately communicate with their clients.

694 However, presence of counsel is not required and, in the

695 discretion of the mediator and with the agreement of the

696 parties, mediation may proceed in the absence of counsel unless

697 otherwise ordered by the court.

698 Section 18. For the purpose of incorporating the amendment

699 made by this act to section 984.03, Florida Statutes, in a

700 reference thereto, paragraph (d) of subsection (2) of section

701 44.102, Florida Statutes, is reenacted to read:

702 44.102 Court-ordered mediation.—

703 (2) A court, under rules adopted by the Supreme Court:

704 (d) In circuits in which a dependency or in need of

705 services mediation program has been established, may refer to

706 mediation all or any portion of a matter relating to dependency

707 or to a child in need of services or a family in need of

708 services.

709 Section 19. For the purpose of incorporating the amendment

710 made by this act to section 984.03, Florida Statutes, in a

711 reference thereto, subsection (1) of section 984.04, Florida

712 Statutes, is reenacted to read:

713 984.04 Early truancy intervention; families in need of

714 services and children in need of services; procedures and

715 jurisdiction.—

716 (1) The department shall be responsible for all

717 nonjudicial proceedings involving voluntary family services for

718 a family identified as a family in need of services according to

719 rules established by the department under chapter 120.

720 Section 20. For the purpose of incorporating the amendment

721 made by this act to section 984.03, Florida Statutes, in a

722 reference thereto, subsection (1) of section 984.071, Florida

723 Statutes, is reenacted to read:

724 984.071 Resources and information.—

725 (1) The department shall develop and publish an

726 information guide that explains the current process under this

727 chapter for obtaining assistance for a child in need of services

728 or a family in need of services and the community services and

729 resources available to parents. The information guide shall be

730 published in a written format for distribution and shall also be

731 published on the department's website. Each information guide

732 shall be reviewed annually and updated as appropriate. The

733 school district shall distribute this information guide to

734 parents of truant children, and to other parents upon request or

735 as deemed appropriate by the school district. In addition, the

736 department shall distribute the information guide to state and

737 local law enforcement agencies. Any law enforcement officer who

738 has contact with the parent of a child who is locked out of the

739 home, who is ungovernable, or who runs away from home shall make

740 the information guide available to the parent.

741 Section 21. For the purpose of incorporating the amendment

742 made by this act to section 984.03, Florida Statutes, in

743 references thereto, subsections (1) and (2) of section 984.10,

744 Florida Statutes, are reenacted to read:

745 984.10 Intake.—

746 (1) Intake shall be performed by the department or the

747 department's authorized agent. A report alleging that a child is

748 from a family in need of services shall be made to the intake

749 office operating in the county in which the child is found or in

750 which the case arose. Any person or agency, including, but not

751 limited to, the parent, legal guardian, or custodian, the local

752 school district, a law enforcement agency, or the Department of

753 Children and Families, having knowledge of the facts may make a

754 report.

755 (2) A representative of the department shall make a

756 preliminary determination as to whether the report is complete.

757 The criteria for the completeness of a report with respect to a

758 child alleged to be from a family in need of services while

759 subject to compulsory school attendance shall be governed by s.

760 984.03. In any case in which the representative of the

761 department finds that the report is incomplete, the

762 representative of the department shall return the report without

763 delay to the person or agency originating the report or having

764 knowledge of the facts or to the appropriate law enforcement

765 agency having investigative jurisdiction and request additional

766 information in order to complete the report.

767 Section 22. For the purpose of incorporating the amendment

768 made by this act to section 984.03, Florida Statutes, in a

769 reference thereto, section 984.12, Florida Statutes, is

770 reenacted to read:

771 984.12 Case staffing; services and treatment related to a

772 family in need of services.—

773 (1) The appropriate representative of the department shall

774 request a meeting of the family and child with a case staffing

775 committee to review the case of any family or child who the

776 department determines is in need of services if:

777 (a) The family or child is not in agreement with the

778 services or treatment offered;

779 (b) The family or child will not participate in the

780 services or treatment selected; or

781 (c) The representative of the department needs assistance

782 in developing an appropriate plan for services. The time and

783 place selected for the meeting shall be convenient for the child

784 and family.

785 (2) The composition of the case staffing committee shall

786 be based on the needs of the family and child. It shall include

787 a representative from the child's school district and a

788 representative of the department, and may include the

789 department's authorized agent and a supervisor of the

790 department's contracted provider; a representative from the area

791 of health, mental health, substance abuse, or social services; a

792 representative of the state attorney; a representative of law

793 enforcement; and any person recommended by the child, family, or

794 department. The child and the child's parent, legal guardian, or

795 custodian must be invited to attend the committee meeting.

796 (3) The case staffing committee shall:

797 (a) Identify the family's concerns and contributing

798 factors.

799 (b) Request the family and child to identify their needs

800 and concerns.

801 (c) Seek input from the school district and any other

802 persons in attendance with knowledge of the family or child's

803 situation and concerns.

804 (d) Consider the voluntary family services or other

805 community services that have been offered and the results of

806 those services.

807 (e) Identify whether truancy is a concern and evaluate

808 compliance with the remedial strategies provided pursuant to s.

809 1003.26.

810 (f) Reach a timely decision to provide the child or family

811 with services and recommend any appropriate treatment through

812 the development of a plan for services.

813 (4) The plan for services shall contain the following:

814 (a) Statement of the concerns.

815 (b) Needs of the child.

816 (c) Needs of the parents, legal guardian, or custodian.

817 (d) Measurable objectives that address the identified

818 problems and needs.

819 (e) Services and treatment to be provided, to include:

820 1. Type of services or treatment.

821 2. Frequency of services or treatment.

822 3. Location.

823 4. Accountable service providers or staff.

824 (f) Timeframes for achieving objectives.

825 (5) Upon receipt of the plan, the child and family shall

826 acknowledge their position by accepting or rejecting the

827 services and provisions in writing. If the plan is accepted, it

828 shall be implemented as soon as is practicable.

829 (6) The assigned case manager shall have responsibility

830 for implementing the plan. The department's authorized agent

831 shall periodically review the progress towards achieving the

832 objectives of the plan in order to:

833 (a) Advise the case staffing committee of the need to make

834 adjustments to the plan;

835 (b) Recommend a child in need of services petition be

836 filed by the department; or

837 (c) Terminate the case as indicated by successful or

838 substantial achievement of the objectives of the plan.

839 (7) The parent, legal guardian, or custodian may convene a

840 meeting of the case staffing committee. A case staffing

841 committee meeting requested by a parent, guardian, or legal

842 custodian must be convened within 7 days, excluding weekends and

843 legal holidays, after the date the department's representative

844 receives the request in writing.

845 (8) Any other member of the committee may convene a

846 meeting if voluntary family services have been offered and the

847 services have been rejected by the child or family, or the child

848 has not made measurable progress toward achieving the service

849 plan goals, and the member finds that doing so is in the best

850 interest of the family or child.

851 (9) A case staffing committee meeting must be convened

852 within 30 days after the date the case is referred by the court

853 pursuant to s. 984.151.

854 (10) Within 7 days after meeting, the case staffing

855 committee shall provide the parent, legal guardian, or custodian

856 with a written report that details the reasons for the

857 committee's decision to recommend, or decline to recommend, that

858 the department file a petition alleging that the child is a

859 child in need of services.

860 (11) The case staffing committee may reconvene from time

861 to time as may be necessary to make adjustments to the plan.

862 Section 23. For the purpose of incorporating the amendment

863 made by this act to section 984.03, Florida Statutes, in a

864 reference thereto, subsection (3) of section 984.13, Florida

865 Statutes, is reenacted to read:

866 984.13 Taking a child into custody.—

867 (3) If the child is taken into custody and is delivered to

868 a shelter, the department's authorized agent shall review the

869 facts and make such further inquiry as necessary to determine

870 whether the child shall remain in shelter, receive voluntary

871 family services that would allow the child alleged to be from a

872 family in need of services to remain at home, or be released.

873 Section 24. For the purpose of incorporating the amendment

874 made by this act to section 984.03, Florida Statutes, in a

875 reference thereto, subsection (23) of section 985.03, Florida

876 Statutes, is reenacted to read:

877 985.03 Definitions.—As used in this chapter, the term:

878 (23) "Family in need of services" has the same meaning as

879 provided in s. 984.03.

880 Section 25. For the purpose of incorporating the amendment

881 made by this act to section 984.09, Florida Statutes, in a

882 reference thereto, subsection (33) of section 984.03, Florida

883 Statutes, is reenacted to read:

884 984.03 Definitions.—When used in this chapter, the term:

885 (33) "Shelter" means a department-approved shelter

886 facility for the temporary care of runaway children; for

887 children placed for voluntary shelter respite upon request of

888 the child or the child's parent, legal guardian, or custodian;

889 or for placement of a child who has been adjudicated a child in

890 need of services or who has been found in contempt of court

891 under s. 984.09. Shelters must provide 24-hour continual

892 supervision. A shelter must be licensed by the Department of

893 Children and Families as a licensed child-caring agency.

894 Section 26. For the purpose of incorporating the amendment

895 made by this act to section 984.09, Florida Statutes, in a

896 reference thereto, subsection (1) of section 984.07, Florida

897 Statutes, is reenacted to read:

898 984.07 Right to counsel; waiver; appointed counsel;

899 compensation.—

900 (1) When a petition is filed alleging that a child is a

901 child in need of services or if the child is subject to contempt

902 proceedings under s. 984.09, the child must be represented by

903 counsel at each court appearance. The court must appoint counsel

904 unless the child is not indigent and has counsel present to

905 represent the child or the record in that proceeding

906 affirmatively demonstrates by clear and convincing evidence that

907 the child knowingly and intelligently waived the right to

908 counsel after being fully advised by the court of the nature of

909 the proceedings and the dispositional alternatives available to

910 the court. If the child waives counsel at any proceeding, the

911 court shall advise the child with respect to the right to

912 counsel at every subsequent hearing.

913 Section 27. For the purpose of incorporating the amendment

914 made by this act to section 984.09, Florida Statutes, in a

915 reference thereto, subsection (12) of section 984.151, Florida

916 Statutes, is reenacted to read:

917 984.151 Early truancy intervention; truancy petition;

918 judgment.—

919 (12) The court may not order a child placed in shelter

920 pursuant to this section unless the court has found the child to

921 be in contempt for violation of a court order under s. 984.09.

922 Section 28. This act shall take effect upon becoming a

923 law.