SESSION WATCH
THE BILL ITSELF

CS/SB 1734

Juvenile Justice

VERSION S 1734 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 1734 By the Committee on Fiscal Policy; and Senator Martin 594-02802-26 20261734c1
1 A bill to be entitled
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 review county juvenile
27 detention payments for a certain purpose; requiring
28 the department to direct the Department of Revenue to
29 deduct specified amounts owed to the Department of
30 Juvenile Justice upon a certain determination;
31 requiring the Department of Revenue to transfer such
32 funds into a certain trust fund; specifying
33 requirements relating to such reductions in amounts
34 distributed to counties; reenacting s. 112.1912(1)(a),
35 F.S., relating to first responders, and death benefits
36 for educational expenses, to incorporate the amendment
37 made to s. 112.19, F.S., in a reference thereto;
38 reenacting ss. 384.287(1), 493.6102(1), 741.31(4)(b),
39 782.07(4), and 790.233(3), F.S., relating to screening
40 for sexually transmissible disease, inapplicability of
41 ch. 493, F.S., violation of an injunction for
42 protection against domestic violence, manslaughter,
43 aggravated manslaughter of an elderly person or
44 disabled adult, aggravated manslaughter of a child,
45 aggravated manslaughter of an officer, a firefighter,
46 an emergency medical technician, or a paramedic, and
47 possession of firearm or ammunition prohibited when
48 person is subject to an injunction against committing
49 acts of domestic violence, stalking, or cyberstalking,
50 and penalties, to incorporate the amendment made to s.
51 943.10, F.S., in references thereto; reenacting ss.
52 39.01(1) and (37)(e), 44.1011(2)(d), 44.102(2)(d),
53 984.04(1), 984.071(1), 984.10(1) and (2), 984.12,
54 984.13(3), and 985.03(23), F.S., relating to
55 definitions in proceedings relating to children,
56 definitions in dependency mediation, court-ordered
57 mediation, early truancy intervention, families in
58 need of services and children in need of services,
59 procedures and jurisdiction, resources and
60 information, intake, case staffing, services and
61 treatment related to a family in need of services,
62 taking a child into custody, and definitions relating
63 to juvenile justice, respectively, to incorporate the
64 amendment made to s. 984.03, F.S., in references
65 thereto; reenacting ss. 984.03(33), 984.07(1), and
66 984.151(12), F.S., relating to definitions relating to
67 children and families in need of services, right to
68 counsel, waiver, appointed counsel, compensation, and
69 early truancy intervention, truancy petition, and
70 judgment, respectively, to incorporate the amendment
71 made to s. 984.09, F.S., in references thereto;
72 providing an effective date.
74 Be It Enacted by the Legislature of the State of Florida:
76 Section 1. Subsection (1) of section 14.33, Florida
77 Statutes, is amended to read:
78 14.33 Medal of Heroism.—
79 (1) The Governor may award a Medal of Heroism of
80 appropriate design, with ribbons and appurtenances, to a law
81 enforcement, correctional, or correctional probation officer,
82 juvenile detention officer, or juvenile probation officer, as
83 defined in s. 943.10(14); a firefighter, as defined in s.
84 112.191(1)(b); an emergency medical technician, as defined in s.
85 401.23; or a paramedic, as defined in s. 401.23. A recipient
86 must have distinguished himself or herself conspicuously by
87 gallantry and intrepidity, must have risked his or her life
88 deliberately above and beyond the call of duty while performing
89 duty in his or her respective position, and must have engaged in
90 hazardous or perilous activities to preserve lives with the
91 knowledge that such activities might result in great personal
92 harm.
93 Section 2. Section 112.19, Florida Statutes, is amended to
94 read:
95 112.19 Law enforcement, correctional, and correctional
96 probation officers; death benefits.—
97 (1) As used in this section, the term:
98 (a) “Employer” means a state board, commission, department,
99 division, bureau, or agency, or a county, municipality, or other
100 political subdivision of the state, which employs, appoints, or
101 otherwise engages the services of law enforcement, correctional,
102 or correctional probation officers.
103 (b) “Fresh pursuit” means the pursuit of a person who has
104 committed or is reasonably suspected of having committed a
105 felony, misdemeanor, traffic infraction, or violation of a
106 county or municipal ordinance. The term does not imply instant
107 pursuit, but pursuit without unreasonable delay.
108 (c) “Insurance” means insurance procured from a stock
109 company or mutual company or association or exchange authorized
110 to do business as an insurer in this state.
111 (d) “Law enforcement, correctional, or correctional
112 probation officer” means any officer as defined in s. 943.10(14)
113 or employee of the state or any political subdivision of the
114 state, including any law enforcement officer, correctional
115 officer, correctional probation officer, juvenile detention
116 officer, juvenile probation officer, state attorney
117 investigator, public defender investigator, or criminal conflict
118 and civil regional counsel investigator, whose duties require
119 such officer or employee to investigate, pursue, apprehend,
120 arrest, transport, or maintain custody of persons who are
121 charged with, suspected of committing, or convicted of a crime;
122 and the term includes any member of a bomb disposal unit whose
123 primary responsibility is the location, handling, and disposal
124 of explosive devices. The term also includes any full-time
125 officer or employee of the state or any political subdivision of
126 the state, certified pursuant to chapter 943, whose duties
127 require such officer to serve process or to attend a session of
128 a circuit or county court as bailiff.
129 (2)(a) The sum of $75,000 must be paid as provided in this
130 section when a law enforcement, correctional, or correctional
131 probation officer, while engaged in the performance of the
132 officer’s law enforcement duties, is accidentally killed or
133 receives accidental bodily injury which results in the loss of
134 the officer’s life, provided that such killing is not the result
135 of suicide and that such bodily injury is not intentionally
136 self-inflicted.
137 (b) The sum of $75,000 must be paid as provided in this
138 section if a law enforcement, correctional, or correctional
139 probation officer is accidentally killed as specified in
140 paragraph (a) and the accidental death occurs:
141 1. As a result of the officer’s response to fresh pursuit;
142 2. As a result of the officer’s response to what is
143 reasonably believed to be an emergency;
144 3. At the scene of a traffic accident to which the officer
145 has responded; or
146 4. While the officer is enforcing what is reasonably
147 believed to be a traffic law or ordinance.
149 This sum is in addition to any sum provided for in paragraph
150 (a).
151 (c) If a law enforcement, correctional, or correctional
152 probation officer, while engaged in the performance of the
153 officer’s law enforcement duties, is unlawfully and
154 intentionally killed or dies as a result of such unlawful and
155 intentional act, the sum of $225,000 must be paid as provided in
156 this section.
157 (d) Such payments, pursuant to paragraphs (a), (b), and
158 (c), whether secured by insurance or not, must be made to the
159 beneficiary designated by such law enforcement, correctional, or
160 correctional probation officer in writing, signed by the officer
161 and delivered to the employer during the officer’s lifetime. If
162 no such designation is made, then the payments must be paid to
163 the officer’s surviving child or children and to the officer’s
164 surviving spouse in equal portions, and if there is no surviving
165 child or spouse, then to the officer’s parent or parents. If a
166 beneficiary is not designated and there is no surviving child,
167 spouse, or parent, then the sum must be paid to the officer’s
168 estate.
169 (e) Such payments, pursuant to paragraphs (a), (b), and
170 (c), are in addition to any workers’ compensation or retirement
171 plan benefits and are exempt from the claims and demands of
172 creditors of such law enforcement, correctional, or correctional
173 probation officer.
174 (f) If a full-time law enforcement, correctional, or
175 correctional probation officer who is certified pursuant to
176 chapter 943 and employed by a state agency is killed in the line
177 of duty while the officer is engaged in the performance of law
178 enforcement duties or as a result of an assault against the
179 officer under riot conditions:
180 1. The sum of $10,000 must be paid, as provided for in
181 paragraph (d), toward the funeral and burial expenses of such
182 officer. Such benefits are in addition to any other benefits to
183 which employee beneficiaries and dependents are entitled under
184 the Workers’ Compensation Law or any other state or federal
185 statutes; and
186 2. The officer’s employing agency may pay up to $5,000
187 directly toward the venue expenses associated with the funeral
188 and burial services of such officer.
189 (g) Any political subdivision of the state that employs a
190 full-time law enforcement officer as defined in s. 943.10(1) or
191 a full-time correctional officer as defined in s. 943.10(2) who
192 is killed in the line of duty on or after July 1, 1993, as a
193 result of an act of violence inflicted by another person while
194 the officer is engaged in the performance of law enforcement
195 duties or as a result of an assault against the officer under
196 riot conditions shall pay the entire premium of the political
197 subdivision’s health insurance plan for the employee’s surviving
198 spouse until remarried, and for each dependent child of the
199 employee until the child reaches the age of majority or until
200 the end of the calendar year in which the child reaches the age
201 of 25 if:
202 1. At the time of the employee’s death, the child is
203 dependent upon the employee for support; and
204 2. The surviving child continues to be dependent for
205 support, or the surviving child is a full-time or part-time
206 student and is dependent for support.
207 (h)1. Any employer who employs a full-time law enforcement,
208 correctional, or correctional probation officer who, on or after
209 January 1, 1995, suffers a catastrophic injury, as defined in s.
210 440.02, Florida Statutes 2002, in the line of duty shall pay the
211 entire premium of the employer’s health insurance plan for the
212 injured employee, the injured employee’s spouse, and for each
213 dependent child of the injured employee until the child reaches
214 the age of majority or until the end of the calendar year in
215 which the child reaches the age of 25 if the child continues to
216 be dependent for support, or the child is a full-time or part
217 time student and is dependent for support. The term “health
218 insurance plan” does not include supplemental benefits that are
219 not part of the basic group health insurance plan. If the
220 injured employee subsequently dies, the employer shall continue
221 to pay the entire health insurance premium for the surviving
222 spouse until remarried, and for the dependent children, under
223 the conditions outlined in this paragraph. However:
224 a. Health insurance benefits payable from any other source
225 shall reduce benefits payable under this section.
226 b. It is unlawful for a person to willfully and knowingly
227 make, or cause to be made, or to assist, conspire with, or urge
228 another to make, or cause to be made, any false, fraudulent, or
229 misleading oral or written statement to obtain health insurance
230 coverage as provided under this paragraph. A person who violates
231 this sub-subparagraph commits a misdemeanor of the first degree,
232 punishable as provided in s. 775.082 or s. 775.083.
233 c. In addition to any applicable criminal penalty, upon
234 conviction for a violation as described in sub-subparagraph b.,
235 a law enforcement, correctional, or correctional probation
236 officer or other beneficiary who receives or seeks to receive
237 health insurance benefits under this paragraph shall forfeit the
238 right to receive such health insurance benefits, and shall
239 reimburse the employer for all benefits paid due to the fraud or
240 other prohibited activity. For purposes of this sub
241 subparagraph, the term “conviction” means a determination of
242 guilt that is the result of a plea or trial, regardless of
243 whether adjudication is withheld.
244 2. In order for the officer, spouse, and dependent children
245 to be eligible for such insurance coverage, the injury must have
246 occurred while the officer was in the line of duty or engaged in
247 an official training exercise. Except as otherwise provided
248 herein, this paragraph may not be construed to limit health
249 insurance coverage for which the officer, spouse, or dependent
250 children may otherwise be eligible, except that a person who
251 qualifies under this section is not eligible for the health
252 insurance subsidy provided under chapter 121, chapter 175, or
253 chapter 185.
254 (i) The Bureau of Crime Prevention and Training within the
255 Department of Legal Affairs shall adopt rules necessary to
256 implement paragraphs (a), (b), and (c).
257 (3) If a law enforcement, correctional, or correctional
258 probation officer is accidentally killed as specified in
259 paragraph (2)(b) on or after June 22, 1990, but before July 1,
260 2019, or unlawfully and intentionally killed as specified in
261 paragraph (2)(c) on or after July 1, 1980, but before July 1,
262 2019, the state must waive certain educational expenses that the
263 child or spouse of the deceased officer incurs while obtaining a
264 career certificate, an undergraduate education, or a
265 postgraduate education. The amount waived by the state must be
266 in an amount equal to the cost of tuition and matriculation and
267 registration fees for a total of 120 credit hours. The child or
268 spouse may attend a state career center, a Florida College
269 System institution, or a state university on either a full-time
270 or part-time basis. The benefits provided to a child under this
271 subsection shall continue until the child’s 25th birthday. The
272 benefits provided to a spouse under this subsection must
273 commence within 5 years after the death occurs, and entitlement
274 thereto shall continue until the 10th anniversary of that death.
275 (a) Upon failure of any child or spouse who receives a
276 waiver in accordance with this subsection to comply with the
277 ordinary and minimum requirements regarding discipline and
278 scholarship of the institution attended, such benefits must be
279 withdrawn as to the child or spouse and no further moneys may be
280 expended for the child’s or spouse’s benefits so long as such
281 failure or delinquency continues.
282 (b) Only a student in good standing in his or her
283 respective institution may receive the benefits provided in this
284 subsection.
285 (c) A child or spouse receiving benefits under this
286 subsection must be enrolled according to the customary rules and
287 requirements of the institution attended.
288 (4)(a) The employer of such law enforcement, correctional,
289 or correctional probation officer is liable for the payment of
290 the sums specified in this section and is deemed self-insured,
291 unless it procures and maintains, or has already procured and
292 maintained, insurance to secure such payments. Any such
293 insurance may cover only the risks indicated in this section, in
294 the amounts indicated in this section, or it may cover those
295 risks and additional risks and may be in larger amounts. Any
296 such insurance must be placed by such employer only after public
297 bid of such insurance coverage which must be awarded to the
298 carrier making the lowest best bid.
299 (b) Payment of benefits to beneficiaries of state
300 employees, or of the premiums to cover the risk, under this
301 section must be paid from existing funds otherwise appropriated
302 to the department employing the law enforcement, correctional,
303 or correctional probation officers.
304 (5) The State Board of Education shall adopt rules and
305 procedures, and the Board of Governors shall adopt regulations
306 and procedures, as are appropriate and necessary to implement
307 the educational benefits provisions of this section.
308 (6) Notwithstanding any provision of this section to the
309 contrary, the death benefits provided in paragraphs (2)(c) and
310 (g) shall also be applicable and paid in cases where an officer
311 received bodily injury before July 1, 1993, and subsequently
312 died on or after July 1, 1993, as a result of such in-line-of
313 duty injury attributable to an unlawful and intentional act, or
314 an act of violence inflicted by another, or an assault on the
315 officer under riot conditions. Payment of such benefits must be
316 in accordance with this section. This subsection may not be
317 construed to limit death benefits for which those individuals
318 listed in paragraph (2)(d) may otherwise be eligible.
319 Section 3. Paragraph (b) of subsection (1) and subsections
320 (2) and (3) of section 112.193, Florida Statutes, are amended to
321 read:
322 112.193 Law enforcement, correctional, and correctional
323 probation , juvenile detention, and juvenile probation officers’
324 commemorative service awards.—
325 (1) For the purposes of this section, the term:
326 (b) “Law enforcement, correctional, or correctional
327 probation , juvenile detention, or juvenile probation officer”
328 means any full-time, part-time, or auxiliary officer as defined
329 in s. 943.10(14).
330 (2) Each employer that employs or appoints law enforcement,
331 correctional, or correctional probation , juvenile detention, or
332 juvenile probation officers may present to each such employee
333 who retires under any provision of a state or municipal
334 retirement system, including medical disability retirement, or
335 who is eligible to retire under any such provision but, instead,
336 resigns from one employer to accept an elected public office,
337 one complete uniform including the badge worn by that officer,
338 the officer’s service handgun, if one was issued as part of the
339 officer’s equipment, and an identification card clearly marked
340 “RETIRED.”
341 (3) Upon the death of a law enforcement, correctional, or
342 correctional probation , juvenile detention, or juvenile
343 probation officer, the employer may present to the spouse or
344 other beneficiary of the officer, upon request, one complete
345 uniform, including the badge worn by the officer. However, if a
346 law enforcement, correctional, or correctional probation ,
347 juvenile detention, or juvenile probation officer is killed in
348 the line of duty, the employer may present, upon request, to the
349 spouse or other beneficiary of the officer the officer’s
350 service-issued handgun, if one was issued as part of the
351 officer’s equipment. If the employer is not in possession of the
352 service-issued handgun, the employer may, within its discretion,
353 and upon written request of the spouse or other beneficiary,
354 present a similar handgun. The provisions of this section shall
355 also apply in that instance to a law enforcement or correctional
356 officer who died before May 1, 1993. In addition, the officer’s
357 service handgun may be presented by the employer for any such
358 officer who was killed in the line of duty prior to this act
359 becoming a law.
360 Section 4. Subsections (1) and (3) of section 112.194,
361 Florida Statutes, are amended to read:
362 112.194 Law enforcement and correctional , juvenile
363 detention, and juvenile probation officers’ Medal of Valor.—
364 (1) Any state board, commission, department, division,
365 bureau, or agency, or any county or municipality that employs or
366 appoints law enforcement officers , or correctional officers,
367 juvenile detention officers, or juvenile probation officers, as
368 defined in s. 943.10(14), may establish an award program to
369 award a Medal of Valor to any such officer whose actions are
370 extraordinary and expose the officer to peril beyond the call of
371 duty.
372 (3) Upon the death of such a law enforcement officer or
373 correctional officer, juvenile detention officer, or juvenile
374 probation officer, the employer may present the Medal of Valor
375 posthumously to the officer’s closest living relative.
376 Section 5. Paragraph (a) of subsection (1) of section
377 787.035, Florida Statutes, is amended to read:
378 787.035 Sheltering unmarried minors; aiding unmarried minor
379 runaways; violations.—
380 (1)(a) A person who is not an authorized agent of the
381 Department of Juvenile Justice or the Department of Children and
382 Families may not knowingly shelter an unmarried minor for more
383 than 24 hours without the consent of the minor’s parent or
384 guardian or without notifying a law enforcement officer of the
385 minor’s name and the fact that the minor is being provided
386 shelter.
387 Section 6. Subsection (14) of section 943.10, Florida
388 Statutes, is amended, and new subsections (23) and (24) are
389 added to that section, to read:
390 943.10 Definitions; ss. 943.085-943.255.—The following
391 words and phrases as used in ss. 943.085-943.255 are defined as
392 follows:
393 (14) “Officer” means any person employed or appointed as a
394 full-time, part-time, or auxiliary law enforcement officer,
395 correctional officer, or correctional probation officer ,
396 juvenile detention officer, or juvenile probation officer .
397 (23) “Juvenile detention officer” means an officer who is
398 responsible for the direct supervision of youth who are held in
399 secure detention. The term includes all certified supervisory
400 personnel whose duties include, in whole or in part, the
401 supervision, training, and guidance of juvenile detention
402 officers, but does not include support personnel employed by the
403 employing agency.
404 (24) “Juvenile probation officer” means an authorized agent
405 of the Department of Juvenile Justice who performs the intake,
406 case management, or supervision functions. The term includes all
407 certified supervisory personnel whose duties include, in whole
408 or in part, the supervision, training, and guidance of juvenile
409 probation officers, but does not include support personnel
410 employed by the employing agency.
411 Section 7. Subsection (15) of section 984.03, Florida
412 Statutes, is amended to read:
413 984.03 Definitions.—When used in this chapter, the term:
414 (15) “Family in need of services” means a family that has a
415 child who is running away; who is ungovernable and persistently
416 disobeying reasonable and lawful demands of the parent , or legal
417 guardian, or custodian and is beyond the control of the parent ,
418 or legal guardian, or custodian; or who is a habitual truant or
419 engaging in other serious behaviors that place the child at risk
420 of future abuse, neglect, or abandonment or at risk of entering
421 the juvenile justice system. The child must be referred to a law
422 enforcement agency, the department, or an agency contracted to
423 provide services to children in need of services. A family is
424 not eligible to receive voluntary family services if, at the
425 time of the referral, the child is currently under court-ordered
426 supervision by the department for delinquency under chapter 985
427 or under court-ordered supervision by the Department of Children
428 and Families under chapter 39.
429 Section 8. Subsection (2) of section 984.09, Florida
430 Statutes, is amended to read:
431 984.09 Punishment for contempt of court; alternative
432 sanctions.—
433 (2) PLACEMENT IN A SHELTER.—A child subject to proceedings
434 under this chapter adjudicated as a child in need of services
435 may only be placed in a shelter for purposes of punishment for
436 contempt of court if alternative sanctions are unavailable or
437 inappropriate, or if the child has already been ordered to serve
438 an alternative sanction but failed to comply with the sanction.
439 Section 9. Section 985.6865, Florida Statutes, is amended
440 to read:
441 985.6865 Juvenile detention costs.—
442 (1) As used in this section, the term:
443 (a) “Detention care” means secure detention and respite
444 beds for juveniles charged with a domestic violence crime.
445 (b) “Fiscally constrained county” means a county within a
446 rural area of opportunity as designated by the Governor pursuant
447 to s. 288.0656 or each county for which the value of a mill will
448 raise no more than $5 million in revenue, based on the certified
449 school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
450 from the previous July 1.
451 (c) “Total shared detention costs” means the amount of
452 funds expended by the department for the costs of detention care
453 for the prior fiscal year. This amount includes the most recent
454 actual certify forward amounts minus any funds it expends on
455 detention care for juveniles residing in fiscally constrained
456 counties or out of state.
457 (2) Annually by July 15, the department shall calculate and
458 provide to each county that is not a fiscally constrained county
459 and that does not provide its own detention care for juveniles
460 its annual percentage share by dividing the total number of
461 detention days for juveniles residing in the county for the most
462 recently completed 12-month period by the total number of
463 detention days for juveniles in all counties that are not
464 fiscally constrained counties during the same period. The annual
465 percentage share of each county that is not a fiscally
466 constrained county and that does not provide its own detention
467 care for juveniles must be multiplied by 50 percent of the total
468 shared detention costs to determine that county’s share of
469 detention costs. Beginning August 1, each such county shall pay
470 to the department its share of detention costs, which shall be
471 paid in 12 equal payments due on the first day of each month.
472 The state shall pay the remaining actual costs of detention
473 care.
474 (3) Each quarter, the department shall review county
475 juvenile detention payments to ensure that counties fulfill
476 their financial responsibilities required under this section. If
477 the department determines that a county has not met its
478 obligations, the department must direct the Department of
479 Revenue to deduct the amount owed to the department from the
480 funds provided to the county under s. 218.23. The Department of
481 Revenue shall transfer the funds withheld into the Shared
482 County/State Juvenile Detention Trust Fund.
483 (4) As an assurance to holders of bonds issued by counties
484 before July 1 of each year, for which distributions made
485 pursuant to s. 218.23 are pledged, or bonds issued to refund
486 such bonds which mature no later than the bonds they refunded
487 and which result in a reduction of debt service payable in each
488 fiscal year, the amount available for distribution to a county
489 shall remain as provided by law and continue to be subject to
490 any lien or claim on behalf of the bondholders. The Department
491 of Revenue must ensure, based on information provided by an
492 affected county, that any reduction in amounts distributed
493 pursuant to subsection (3) does not reduce the amount of
494 distribution to a county below the amount necessary for the
495 timely payment of principal and interest when due on the bonds
496 and the amount necessary to comply with any covenant under the
497 bond resolution or other documents relating to the issuance of
498 the bonds. If a reduction to a county’s monthly distribution
499 must be decreased in order to comply with this section, the
500 Department of Revenue must notify the department of the amount
501 of the decrease, and the department must send a bill for payment
502 of such amount to the affected county.
503 (5) The state shall pay all costs of detention care for
504 juveniles residing in a fiscally constrained county and for
505 juveniles residing out of state. The state shall pay all costs
506 of detention care for juveniles housed in state detention
507 centers from counties that provide their own detention care for
508 juveniles.
509 (6) (4) Each county that is not a fiscally constrained
510 county and that does not provide its own detention care for
511 juveniles shall incorporate into its annual county budget
512 sufficient funds to pay its annual percentage share of the total
513 shared detention costs required by subsection (2).
514 (7) (5) Funds paid by the counties to the department
515 pursuant to this section must be deposited into the Shared
516 County/State Juvenile Detention Trust Fund.
517 (6) The department shall determine each quarter whether the
518 counties are remitting funds as required by this section.
519 (8) (7) Funds received from counties pursuant to this
520 section are not subject to the service charges provided in s.
521 215.20.
522 (9) (8) The department may adopt rules to administer this
523 section.
524 Section 10. For the purpose of incorporating the amendment
525 made by this act to section 112.19, Florida Statutes, in a
526 reference thereto, paragraph (a) of subsection (1) of section
527 112.1912, Florida Statutes, is reenacted to read:
528 112.1912 First responders; death benefits for educational
529 expenses.—
530 (1) As used in this section, the term “first responder”
531 means:
532 (a) A law enforcement, correctional, or correctional
533 probation officer as defined in s. 112.19(1) who is killed as
534 provided in s. 112.19(2) on or after July 1, 2019;
535 Section 11. For the purpose of incorporating the amendment
536 made by this act to section 943.10, Florida Statutes, in a
537 reference thereto, subsection (1) of section 384.287, Florida
538 Statutes, is reenacted to read:
539 384.287 Screening for sexually transmissible disease.—
540 (1) An officer as defined in s. 943.10(14); support
541 personnel as defined in s. 943.10(11) who are employed by the
542 Department of Law Enforcement, including, but not limited to,
543 any crime scene analyst, forensic technologist, or crime lab
544 analyst; firefighter as defined in s. 633.102; or ambulance
545 driver, paramedic, or emergency medical technician as defined in
546 s. 401.23, acting within the scope of employment, who comes into
547 contact with a person in such a way that significant exposure,
548 as defined in s. 381.004, has occurred may request that the
549 person be screened for a sexually transmissible disease that can
550 be transmitted through a significant exposure.
551 Section 12. For the purpose of incorporating the amendment
552 made by this act to section 943.10, Florida Statutes, in a
553 reference thereto, subsection (1) of section 493.6102, Florida
554 Statutes, is reenacted to read:
555 493.6102 Inapplicability of this chapter.—This chapter
556 shall not apply to:
557 (1) Any individual who is an “officer” as defined in s.
558 943.10(14) or is a law enforcement officer of the United States
559 Government, while such local, state, or federal officer is
560 engaged in her or his official duties or when performing off
561 duty security activities approved by her or his superiors.
562 Section 13. For the purpose of incorporating the amendment
563 made by this act to section 943.10, Florida Statutes, in a
564 reference thereto, paragraph (b) of subsection (4) of section
565 741.31, Florida Statutes, is reenacted to read:
566 741.31 Violation of an injunction for protection against
567 domestic violence.—
568 (4)
569 (b)1. It is a violation of s. 790.233, and a misdemeanor of
570 the first degree, punishable as provided in s. 775.082 or s.
571 775.083, for a person to violate a final injunction for
572 protection against domestic violence by having in his or her
573 care, custody, possession, or control any firearm or ammunition.
574 2. It is the intent of the Legislature that the
575 disabilities regarding possession of firearms and ammunition are
576 consistent with federal law. Accordingly, this paragraph shall
577 not apply to a state or local officer as defined in s.
578 943.10(14), holding an active certification, who receives or
579 possesses a firearm or ammunition for use in performing official
580 duties on behalf of the officer’s employing agency, unless
581 otherwise prohibited by the employing agency.
582 Section 14. For the purpose of incorporating the amendment
583 made by this act to section 943.10, Florida Statutes, in a
584 reference thereto, subsection (4) of section 782.07, Florida
585 Statutes, is reenacted to read:
586 782.07 Manslaughter; aggravated manslaughter of an elderly
587 person or disabled adult; aggravated manslaughter of a child;
588 aggravated manslaughter of an officer, a firefighter, an
589 emergency medical technician, or a paramedic.—
590 (4) A person who causes the death, through culpable
591 negligence, of an officer as defined in s. 943.10(14), a
592 firefighter as defined in s. 112.191, an emergency medical
593 technician as defined in s. 401.23, or a paramedic as defined in
594 s. 401.23, while the officer, firefighter, emergency medical
595 technician, or paramedic is performing duties that are within
596 the course of his or her employment, commits aggravated
597 manslaughter of an officer, a firefighter, an emergency medical
598 technician, or a paramedic, a felony of the first degree,
599 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
600 Section 15. For the purpose of incorporating the amendment
601 made by this act to section 943.10, Florida Statutes, in a
602 reference thereto, subsection (3) of section 790.233, Florida
603 Statutes, is reenacted to read:
604 790.233 Possession of firearm or ammunition prohibited when
605 person is subject to an injunction against committing acts of
606 domestic violence, stalking, or cyberstalking; penalties.—
607 (3) It is the intent of the Legislature that the
608 disabilities regarding possession of firearms and ammunition are
609 consistent with federal law. Accordingly, this section does not
610 apply to a state or local officer as defined in s. 943.10(14),
611 holding an active certification, who receives or possesses a
612 firearm or ammunition for use in performing official duties on
613 behalf of the officer’s employing agency, unless otherwise
614 prohibited by the employing agency.
615 Section 16. For the purpose of incorporating the amendment
616 made by this act to section 984.03, Florida Statutes, in
617 references thereto, subsection (1) and paragraph (e) of
618 subsection (37) of section 39.01, Florida Statutes, are
619 reenacted to read:
620 39.01 Definitions.—When used in this chapter, unless the
621 context otherwise requires:
622 (1) “Abandoned” or “abandonment” means a situation in which
623 the parent or legal custodian of a child or, in the absence of a
624 parent or legal custodian, the caregiver, while being able, has
625 made no significant contribution to the child’s care and
626 maintenance or has failed to establish or maintain a substantial
627 and positive relationship with the child, or both. For purposes
628 of this subsection, “establish or maintain a substantial and
629 positive relationship” includes, but is not limited to, frequent
630 and regular contact with the child through frequent and regular
631 visitation or frequent and regular communication to or with the
632 child, and the exercise of parental rights and responsibilities.
633 Marginal efforts and incidental or token visits or
634 communications are not sufficient to establish or maintain a
635 substantial and positive relationship with a child. A man’s
636 acknowledgment of paternity of the child does not limit the
637 period of time considered in determining whether the child was
638 abandoned. The term does not include a surrendered infant as
639 described in s. 383.50, a “child in need of services” as defined
640 in chapter 984, or a “family in need of services” as defined in
641 chapter 984. The absence of a parent, legal custodian, or
642 caregiver responsible for a child’s welfare, who is a
643 servicemember, by reason of deployment or anticipated deployment
644 as defined in 50 U.S.C. s. 3938(e), may not be considered or
645 used as a factor in determining abandonment. The incarceration,
646 repeated incarceration, or extended incarceration of a parent,
647 legal custodian, or caregiver responsible for a child’s welfare
648 may support a finding of abandonment.
649 (37) “Harm” to a child’s health or welfare can occur when
650 any person:
651 (e) Abandons the child. Within the context of the
652 definition of “harm,” the term “abandoned the child” or
653 “abandonment of the child” means a situation in which the parent
654 or legal custodian of a child or, in the absence of a parent or
655 legal custodian, the caregiver, while being able, has made no
656 significant contribution to the child’s care and maintenance or
657 has failed to establish or maintain a substantial and positive
658 relationship with the child, or both. For purposes of this
659 paragraph, “establish or maintain a substantial and positive
660 relationship” includes, but is not limited to, frequent and
661 regular contact with the child through frequent and regular
662 visitation or frequent and regular communication to or with the
663 child, and the exercise of parental rights and responsibilities.
664 Marginal efforts and incidental or token visits or
665 communications are not sufficient to establish or maintain a
666 substantial and positive relationship with a child. The term
667 “abandoned” does not include a surrendered infant as described
668 in s. 383.50, a child in need of services as defined in chapter
669 984, or a family in need of services as defined in chapter 984.
670 The incarceration, repeated incarceration, or extended
671 incarceration of a parent, legal custodian, or caregiver
672 responsible for a child’s welfare may support a finding of
673 abandonment.
674 Section 17. For the purpose of incorporating the amendment
675 made by this act to section 984.03, Florida Statutes, in a
676 reference thereto, paragraph (d) of subsection (2) of section
677 44.1011, Florida Statutes, is reenacted to read:
678 44.1011 Definitions.—As used in this chapter:
679 (2) “Mediation” means a process whereby a neutral third
680 person called a mediator acts to encourage and facilitate the
681 resolution of a dispute between two or more parties. It is an
682 informal and nonadversarial process with the objective of
683 helping the disputing parties reach a mutually acceptable and
684 voluntary agreement. In mediation, decisionmaking authority
685 rests with the parties. The role of the mediator includes, but
686 is not limited to, assisting the parties in identifying issues,
687 fostering joint problem solving, and exploring settlement
688 alternatives. “Mediation” includes:
689 (d) “Dependency or in need of services mediation,” which
690 means mediation of dependency, child in need of services, or
691 family in need of services matters. Negotiations in dependency
692 or in need of services mediation are primarily conducted by the
693 parties. Counsel for each party may attend the mediation
694 conference and privately communicate with their clients.
695 However, presence of counsel is not required and, in the
696 discretion of the mediator and with the agreement of the
697 parties, mediation may proceed in the absence of counsel unless
698 otherwise ordered by the court.
699 Section 18. For the purpose of incorporating the amendment
700 made by this act to section 984.03, Florida Statutes, in a
701 reference thereto, paragraph (d) of subsection (2) of section
702 44.102, Florida Statutes, is reenacted to read:
703 44.102 Court-ordered mediation.—
704 (2) A court, under rules adopted by the Supreme Court:
705 (d) In circuits in which a dependency or in need of
706 services mediation program has been established, may refer to
707 mediation all or any portion of a matter relating to dependency
708 or to a child in need of services or a family in need of
709 services.
710 Section 19. For the purpose of incorporating the amendment
711 made by this act to section 984.03, Florida Statutes, in a
712 reference thereto, subsection (1) of section 984.04, Florida
713 Statutes, is reenacted to read:
714 984.04 Early truancy intervention; families in need of
715 services and children in need of services; procedures and
716 jurisdiction.—
717 (1) The department shall be responsible for all nonjudicial
718 proceedings involving voluntary family services for a family
719 identified as a family in need of services according to rules
720 established by the department under chapter 120.
721 Section 20. For the purpose of incorporating the amendment
722 made by this act to section 984.03, Florida Statutes, in a
723 reference thereto, subsection (1) of section 984.071, Florida
724 Statutes, is reenacted to read:
725 984.071 Resources and information.—
726 (1) The department shall develop and publish an information
727 guide that explains the current process under this chapter for
728 obtaining assistance for a child in need of services or a family
729 in need of services and the community services and resources
730 available to parents. The information guide shall be published
731 in a written format for distribution and shall also be published
732 on the department’s website. Each information guide shall be
733 reviewed annually and updated as appropriate. The school
734 district shall distribute this information guide to parents of
735 truant children, and to other parents upon request or as deemed
736 appropriate by the school district. In addition, the department
737 shall distribute the information guide to state and local law
738 enforcement agencies. Any law enforcement officer who has
739 contact with the parent of a child who is locked out of the
740 home, who is ungovernable, or who runs away from home shall make
741 the information guide available to the parent.
742 Section 21. For the purpose of incorporating the amendment
743 made by this act to section 984.03, Florida Statutes, in
744 references thereto, subsections (1) and (2) of section 984.10,
745 Florida Statutes, are reenacted to read:
746 984.10 Intake.—
747 (1) Intake shall be performed by the department or the
748 department’s authorized agent. A report alleging that a child is
749 from a family in need of services shall be made to the intake
750 office operating in the county in which the child is found or in
751 which the case arose. Any person or agency, including, but not
752 limited to, the parent, legal guardian, or custodian, the local
753 school district, a law enforcement agency, or the Department of
754 Children and Families, having knowledge of the facts may make a
755 report.
756 (2) A representative of the department shall make a
757 preliminary determination as to whether the report is complete.
758 The criteria for the completeness of a report with respect to a
759 child alleged to be from a family in need of services while
760 subject to compulsory school attendance shall be governed by s.
761 984.03. In any case in which the representative of the
762 department finds that the report is incomplete, the
763 representative of the department shall return the report without
764 delay to the person or agency originating the report or having
765 knowledge of the facts or to the appropriate law enforcement
766 agency having investigative jurisdiction and request additional
767 information in order to complete the report.
768 Section 22. For the purpose of incorporating the amendment
769 made by this act to section 984.03, Florida Statutes, in a
770 reference thereto, section 984.12, Florida Statutes, is
771 reenacted to read:
772 984.12 Case staffing; services and treatment related to a
773 family in need of services.—
774 (1) The appropriate representative of the department shall
775 request a meeting of the family and child with a case staffing
776 committee to review the case of any family or child who the
777 department determines is in need of services if:
778 (a) The family or child is not in agreement with the
779 services or treatment offered;
780 (b) The family or child will not participate in the
781 services or treatment selected; or
782 (c) The representative of the department needs assistance
783 in developing an appropriate plan for services. The time and
784 place selected for the meeting shall be convenient for the child
785 and family.
786 (2) The composition of the case staffing committee shall be
787 based on the needs of the family and child. It shall include a
788 representative from the child’s school district and a
789 representative of the department, and may include the
790 department’s authorized agent and a supervisor of the
791 department’s contracted provider; a representative from the area
792 of health, mental health, substance abuse, or social services; a
793 representative of the state attorney; a representative of law
794 enforcement; and any person recommended by the child, family, or
795 department. The child and the child’s parent, legal guardian, or
796 custodian must be invited to attend the committee meeting.
797 (3) The case staffing committee shall:
798 (a) Identify the family’s concerns and contributing
799 factors.
800 (b) Request the family and child to identify their needs
801 and concerns.
802 (c) Seek input from the school district and any other
803 persons in attendance with knowledge of the family or child’s
804 situation and concerns.
805 (d) Consider the voluntary family services or other
806 community services that have been offered and the results of
807 those services.
808 (e) Identify whether truancy is a concern and evaluate
809 compliance with the remedial strategies provided pursuant to s.
810 1003.26.
811 (f) Reach a timely decision to provide the child or family
812 with services and recommend any appropriate treatment through
813 the development of a plan for services.
814 (4) The plan for services shall contain the following:
815 (a) Statement of the concerns.
816 (b) Needs of the child.
817 (c) Needs of the parents, legal guardian, or custodian.
818 (d) Measurable objectives that address the identified
819 problems and needs.
820 (e) Services and treatment to be provided, to include:
821 1. Type of services or treatment.
822 2. Frequency of services or treatment.
823 3. Location.
824 4. Accountable service providers or staff.
825 (f) Timeframes for achieving objectives.
826 (5) Upon receipt of the plan, the child and family shall
827 acknowledge their position by accepting or rejecting the
828 services and provisions in writing. If the plan is accepted, it
829 shall be implemented as soon as is practicable.
830 (6) The assigned case manager shall have responsibility for
831 implementing the plan. The department’s authorized agent shall
832 periodically review the progress towards achieving the
833 objectives of the plan in order to:
834 (a) Advise the case staffing committee of the need to make
835 adjustments to the plan;
836 (b) Recommend a child in need of services petition be filed
837 by the department; or
838 (c) Terminate the case as indicated by successful or
839 substantial achievement of the objectives of the plan.
840 (7) The parent, legal guardian, or custodian may convene a
841 meeting of the case staffing committee. A case staffing
842 committee meeting requested by a parent, guardian, or legal
843 custodian must be convened within 7 days, excluding weekends and
844 legal holidays, after the date the department’s representative
845 receives the request in writing.
846 (8) Any other member of the committee may convene a meeting
847 if voluntary family services have been offered and the services
848 have been rejected by the child or family, or the child has not
849 made measurable progress toward achieving the service plan
850 goals, and the member finds that doing so is in the best
851 interest of the family or child.
852 (9) A case staffing committee meeting must be convened
853 within 30 days after the date the case is referred by the court
854 pursuant to s. 984.151.
855 (10) Within 7 days after meeting, the case staffing
856 committee shall provide the parent, legal guardian, or custodian
857 with a written report that details the reasons for the
858 committee’s decision to recommend, or decline to recommend, that
859 the department file a petition alleging that the child is a
860 child in need of services.
861 (11) The case staffing committee may reconvene from time to
862 time as may be necessary to make adjustments to the plan.
863 Section 23. For the purpose of incorporating the amendment
864 made by this act to section 984.03, Florida Statutes, in a
865 reference thereto, subsection (3) of section 984.13, Florida
866 Statutes, is reenacted to read:
867 984.13 Taking a child into custody.—
868 (3) If the child is taken into custody and is delivered to
869 a shelter, the department’s authorized agent shall review the
870 facts and make such further inquiry as necessary to determine
871 whether the child shall remain in shelter, receive voluntary
872 family services that would allow the child alleged to be from a
873 family in need of services to remain at home, or be released.
874 Section 24. For the purpose of incorporating the amendment
875 made by this act to section 984.03, Florida Statutes, in a
876 reference thereto, subsection (23) of section 985.03, Florida
877 Statutes, is reenacted to read:
878 985.03 Definitions.—As used in this chapter, the term:
879 (23) “Family in need of services” has the same meaning as
880 provided in s. 984.03.
881 Section 25. For the purpose of incorporating the amendment
882 made by this act to section 984.09, Florida Statutes, in a
883 reference thereto, subsection (33) of section 984.03, Florida
884 Statutes, is reenacted to read:
885 984.03 Definitions.—When used in this chapter, the term:
886 (33) “Shelter” means a department-approved shelter facility
887 for the temporary care of runaway children; for children placed
888 for voluntary shelter respite upon request of the child or the
889 child’s parent, legal guardian, or custodian; or for placement
890 of a child who has been adjudicated a child in need of services
891 or who has been found in contempt of court under s. 984.09.
892 Shelters must provide 24-hour continual supervision. A shelter
893 must be licensed by the Department of Children and Families as a
894 licensed child-caring agency.
895 Section 26. For the purpose of incorporating the amendment
896 made by this act to section 984.09, Florida Statutes, in a
897 reference thereto, subsection (1) of section 984.07, Florida
898 Statutes, is reenacted to read:
899 984.07 Right to counsel; waiver; appointed counsel;
900 compensation.—
901 (1) When a petition is filed alleging that a child is a
902 child in need of services or if the child is subject to contempt
903 proceedings under s. 984.09, the child must be represented by
904 counsel at each court appearance. The court must appoint counsel
905 unless the child is not indigent and has counsel present to
906 represent the child or the record in that proceeding
907 affirmatively demonstrates by clear and convincing evidence that
908 the child knowingly and intelligently waived the right to
909 counsel after being fully advised by the court of the nature of
910 the proceedings and the dispositional alternatives available to
911 the court. If the child waives counsel at any proceeding, the
912 court shall advise the child with respect to the right to
913 counsel at every subsequent hearing.
914 Section 27. For the purpose of incorporating the amendment
915 made by this act to section 984.09, Florida Statutes, in a
916 reference thereto, subsection (12) of section 984.151, Florida
917 Statutes, is reenacted to read:
918 984.151 Early truancy intervention; truancy petition;
919 judgment.—
920 (12) The court may not order a child placed in shelter
921 pursuant to this section unless the court has found the child to
922 be in contempt for violation of a court order under s. 984.09.
923 Section 28. This act shall take effect upon becoming a law.