THE BILL ITSELF
HB 779
Juvenile Justice
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A bill to be entitled
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An act relating to juvenile justice; amending s.
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985.455, F.S.; requiring the court to determine a
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minimum period of time for a child to remain in a
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commitment program; requiring the child to remain in
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the program until completion; authorizing a specified
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minimum period of time for a minimum-risk
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nonresidential commitment for a misdemeanor of the
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second degree; requiring the child to have an
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objective performance-based treatment plan while in
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the program; amending s. 985.465, F.S.; reducing the
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minimum required age for a child to be committed to a
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maximum-risk residential facility for murder or
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manslaughter; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 985.455, Florida
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Statutes, is amended to read:
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985.455 Other dispositional issues.—
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(3) Any commitment of a delinquent child to the department
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must require the court to determine a minimum be for an
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indeterminate period of time for the child to remain in the
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commitment program, which may include periods of temporary
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release; however, the child must remain in the commitment
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program until he or she completes the program. The minimum
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period of time may not exceed the maximum term of imprisonment
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that an adult may serve for the same offense, except that the
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minimum period of time for a minimum-risk nonresidential
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commitment for an offense that is a misdemeanor of the second
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degree may be for a period not to exceed 6 months. The child
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shall have an objective performance-based treatment plan while
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The duration of the child's placement in the a commitment
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program of any restrictiveness level shall be based on objective
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performance-based treatment planning. The child's treatment plan
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progress and adjustment-related issues shall be reported to the
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court quarterly, unless the court requests monthly reports. If
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the child is under the jurisdiction of a dependency court, the
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court may receive and consider any information provided by the
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Statewide Guardian ad Litem Office or the child's attorney ad
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litem, if one is appointed. The child's length of stay in a
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commitment program may be extended if the child fails to comply
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with or participate in treatment activities. The child's length
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of stay in the program shall not be extended for purposes of
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sanction or punishment. Any temporary release from such program
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must be approved by the court. Any child so committed may be
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discharged from institutional confinement or a program upon the
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direction of the department with the concurrence of the court.
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The child's treatment plan progress and adjustment-related
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issues must be communicated to the court at the time the
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department requests the court to consider releasing the child
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from the commitment program. The department shall give the court
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that committed the child to the department reasonable notice, in
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writing, of its desire to discharge the child from a commitment
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facility. The court that committed the child may thereafter
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accept or reject the request. If the court does not respond
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within 10 days after receipt of the notice, the request of the
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department shall be deemed granted. This section does not limit
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the department's authority to revoke a child's temporary release
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status and return the child to a commitment facility for any
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violation of the terms and conditions of the temporary release.
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Section 2. Subsections (2), (3), and (4) of section
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985.465, Florida Statutes, are renumbered as subsections (3),
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(4), and (5), respectively, subsection (1) is amended, and a new subsection (2) is added to that section, to read:
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985.465 Maximum-risk residential facilities.—A maximum-
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risk residential facility is a physically secure residential
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commitment program with a designated length of stay from 18
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months to 36 months, primarily serving children 13 years of age
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to 19 years of age or until the jurisdiction of the court
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expires. Each child committed to this level must meet one of the
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following criteria:
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(1) The child is at least 13 years of age at the time of
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the disposition for the current offense and has been adjudicated
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on the current offense for:
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(a) Arson;
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(b) Sexual battery;
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(c) Robbery;
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(d) Kidnapping;
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(e) Aggravated child abuse;
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(f) Aggravated assault;
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(g) Aggravated stalking;
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(h) Murder;
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(i) Manslaughter;
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(h)(j) Unlawful throwing, placing, or discharging of a
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destructive device or bomb;
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(i)(k) Armed burglary;
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(j)(l) Aggravated battery;
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(k)(m) Carjacking;
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(l)(n) Home-invasion robbery;
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(m)(o) Burglary with an assault or battery;
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(n)(p) Any lewd or lascivious offense committed upon or in
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the presence of a person less than 16 years of age; or
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(o)(q) Carrying, displaying, using, threatening to use, or
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attempting to use a weapon or firearm during the commission of a
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felony.
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(2) The child is at least 10 years of age at the time of
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the disposition for the current offense and has been adjudicated
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on the current offense for:
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(a) Murder; or
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(b) Manslaughter.
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Section 3. This act shall take effect July 1, 2026.