HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1181 Juvenile Justice
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Jacques
TIED BILLS: IDEN./SIM. BILLS: SB 1274
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 14 Y, 3 N, As CS Padgett Hall
2) Justice Appropriations Subcommittee 10 Y, 2 N Saag Keith
3) Judiciary Committee 15 Y, 5 N, As CS Padgett Kramer
SUMMARY ANALYSIS
CS/CS/HB 1181 amends several statutes relating to the Department of Juvenile Justice (DJJ), the juvenile justice
system, and juvenile firearm possession and use. Specifically, the bill:
Amends s. 790.22, F.S., to increase the criminal penalty if a minor under 18 years of age unlawfully possesses
a firearm from a first degree misdemeanor to a third degree felony and imposes a five day minimum period of
secure detention.
Amends s. 985.12, F.S., to:
o Change the term “civil citation” to “delinquency citation;”
o Prohibit a juvenile charged with an offense involving the use or possession of a firearm from being issued a
delinquency citation; and
o Authorize civil citation or similar prearrest diversion programs existing before July 1, 2024 to continue to
operate as a delinquency citation program if such program has been approved by the local State Attorney.
Amends s. 985.25, F.S., to:
o Require a juvenile who violates the terms of his or her electronic monitoring to be held in secure detention
until a detention hearing; and
o Require a juvenile who is on probation for committing a felony firearm offense to be held in secure
detention for up to 21 days if he or she is taken into custody for violatin g his or her probation.
Amends s. 985.255, F.S., to:
o Require a court to consider, rather than use, the results of DJJ’s risk assessment instrument in making a
determination of whether to continue to detain a juvenile; and
o Authorize a court to continue to detain a juvenile in secure detention if the court finds probable cause that
he or she committed murder or specified offenses involving the use or possession of a firearm.
Amends s. 985.433, F.S., to:
o Require a juvenile who is adjudicated delinquent by a court for committing any offense or attempted offense
involving the use of a firearm to be placed on conditional release for one year following his or her release
from a juvenile commitment program; and
o Prohibit a court from withholding adjudication if a juvenile previously had adjudication withheld for specified
offenses and requiring a court to adjudicate such a juvenile delinquent and sentence the juvenile to a DJJ
residential program.
Creates s. 985.438, F.S, to authorize DJJ to create a “graduated respon se matrix” by administrative rule.
Amends s. 985.46, F.S., to provide minimum standards and requirements for conditional release.
Amends s. 985.601, F.S., to require DJJ to establish a class on the consequences of committing firearm offenses.
Amends s. 985.711, F.S., to increase the penalty for introducing contraband into a DJJ facility to a second degree
felony; to prohibit a person from introducing any currency, cigarettes, or tobacco products into a DJJ facility ; and
to authorize DJJ staff to use canine units in a DJJ facility to locate and seize contraband.
Amends s. 1002.221, F.S., to authorize a juvenile’s educational records to be introduced in court proceedings.
The bill may have an indeterminate fiscal impact on state and local government through the increased number of
juveniles that will be required to be held in secure detention and through the expanded number of juveniles that
would be eligible for DJJ supervision and services. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1181e.JDC
DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Juvenile Detention
Background
In Florida, the Department of Juvenile Justice (DJJ) administers the juvenile justice system. When a
child is alleged to have committed a delinquent act, DJJ must review the sufficiency of the probable
cause affidavit or report and complete an intake screening to make an initial determination whether
detention care is necessary.1 Detention care is the temporary care of a child in secure detention2 or
supervised release detention care3 pending a court adjudication or disposition of his or her case. 4
Section 985.24, F.S., requires the use of detention care to be based primarily upon findings that the
child:
Presents a substantial risk of not appearing at a subsequent hearing;
Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior,
including illegal firearm possession;
Presents history of committing a property offense prior to adjudication, disposition, or
placement;
Has committed a specified offense of contempt of court; or
Requests protection from imminent bodily harm.5
Initial Detention
DJJ utilizes the Detention Risk Assessment Instrument (DRAI) to make the initial determ ination of the
need for detention.6 The tool was developed after considering the latest statistical analysis techniques
and risk-prediction methods in Florida’s juvenile criminal justice setting7 and is designed to determine
the likelihood that a child will fail to appear in court or commit a new offense within a short window of
time.8 The DRAI uses a point system, based on factors such as:
The current alleged offense;
Prior referrals to DJJ, including whether the child has another case pending;
Prior delinquency history, including whether the child has previously failed to appear for court
hearings or escaped from supervision;
Whether the child has unlawfully possessed or used a firearm; and
The child’s age.9
1
In counties that do not have an assessment center, the law enforcement officer calls a DJJ “on -call screener” to assess the juvenile’s
risk and determine if detention is necessary. Office of the State Court’s Administrator, Florida’s Juvenile Delinquency Benchbook (June
2021), https://www.flcourts.org/content/download/752754/file/Delinquency%20Benchbook%20-%20Final%20June%2029,%202021.pdf
(last visited Feb. 7, 2024).
2 “Secure detention” means temporary custody of the child while the child is under the physical restriction of a secure detenti on center
or facility pending adjudication, disposition, or placement. S. 985.03(18)(a), F.S.
3 “Supervised release detention” means temporary, nonsecure custody of the child while the child is released to the custody of the
parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department staff pending
adjudication or disposition, through programs that include, but are not limited to, electronic monitoring, day reporting cent ers, and
nonsecure shelters. Supervised release detention may include other requirements imposed by the court. S. 985.03(18 )(b), F.S.
4 S. 985.03(18), F.S.
5 S. 985.24(1), F.S.
6 S. 985.245(1), F.S.
7 Florida Department of Juvenile Justice, Detention Risk Assessment Instrument (effective July 1, 2019),
https://www.djj.state.fl.us/research/detention-risk-assessment-instrument (last visited Feb. 7, 2024).
8 Florida Department of Juvenile Justice, Detention Risk Assessment Instrument-Frequently Asked Questions,
https://www.djj.state.fl.us/research/detention-risk-assessment-instrument/frequently-asked-questions (last visited Feb. 7, 2024).
9 S. 985.245(2)(b), F.S.
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A child is required to be placed into secure detention after being taken into custody if the child is a
“prolific juvenile offender” under s. 985.255(1)(f), F.S., or if the child is charged with possessing or
discharging a firearm on school property in violation of s. 790.115, F.S.10
Detention Hearing
A child taken into custody and placed in detention care must be given a hearing within 24 hours to
determine the existence of probable cause that the child has committed the delinquent act or violation
of law for which he or she is charged and the need for continued detention. 11 The court determines the
need for continued detention based on the results of the DRAI and may order a continued detention
status if the DRAI indicates secure or supervised release detention.12
Length of Detention
Section 985.26, F.S., controls the time period for which a court can order a child to be placed in
detention care. Generally, a child may not be held in detention care for more than 21 days unless an
adjudicatory hearing for the case has been commenced in good faith by the court. 13 However, when
good cause is shown that the nature of the charge requires additional time for prosecution or defense of
the case or if the totality of the circumstances, including the preservation of public safety, warrant an
extension, the court may extend the length of detention for an additional 21 days if the child is charged
with an offense that, if committed by an adult, would be a:
Capital felony;
Life felony;
First-degree felony;
Second-degree felony;
Third degree felony involving violence against any person; or
Any other offense involving the use or possession of a firearm.14
The court may order additional extensions of secure detention, in up to 21-day increments, but only
after conducting a hearing prior to the expiration of the child’s current secure detention period and
making written findings that there is a need for the child’s continued secure detention. 15 If a court
extends the period of secure detention, it must ensure that an adjudicatory hearing in the child’s case
commences as soon as is reasonably possible and must prioritize the disposition of any child’s case
who has been held in secure detention for 60 days or more. 16
Effect of Proposed Changes – Juvenile Detention
Initial Detention
CS/CS/HB 1181 amends s. 985.25, F.S., to require a court to place a juvenile who is on supervised
release detention care and who is arrested for violating the terms of his or her electronic monitoring
supervision in secure detention until a detention hearing.
The bill also amends s. 985.25, F.S., to require a juvenile who is on probation for an underlying felony
firearm offense and who is taken into custody for violating the conditions of his or her probation in any
manner that does not involve a new law violation to be held in secure detention to allow the state
attorney to review the violation. Under the bill, if the state attorney notifies the court that commitment to
a DJJ program will be sought, the juvenile must remain in secure detention for 21 days. Upon a motion
by the state attorney, the juvenile may be held for an additional 21 day period if the court finds that the
totality of the circumstances, including the preservation of public safety, warrants such an extension. If
10 S. 985.25(1)(b), F.S.
11 Ss. 985.255(1) and (3)(a), F.S.
12 Id.
13 S. 985.26(2)(a), F.S.
14 S. 985.26(2)(b), F.S.
15 Id.
16 Id.
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the court releases the juvenile from secure detention, the bill requires the juvenile to placed on
supervised release with electronic monitoring.
Detention Hearing
The bill amends s. 985.255, F.S., to require a court to consider, rather than use, the results of the DRAI
in determining whether to continue to detain a juvenile. The bill also explicitly authorizes a court to
order a detention placement that is more or less restrictive than that indicated by the results of the
DRAI.
Length of Detention
The bill amends s. 985.255, F.S., to authorize a court to continue to detain a juvenile in secure
detention if the court finds probable cause that a juvenile committed one or more of the following
offenses:
Murder in the first degree under s. 782.04(1)(a)., F.S.;
Murder in the second degree under s. 782.04(2), F.S.;
Armed robbery under s. 812.13(2)(a), F.S., that involves the use or possession of a firearm as
defined in s. 790.001, F.S.;
Armed carjacking under s. 812.133(2)(a), F.S., that involves the use or possession of a firearm
as defined in s. 790.001, F.S.;
Having a firearm while committing a felony under s. 790.07(2), F.S.;
Armed burglary under s. 810.02(2)(b), F.S., that involves the use or possession of a firearm as
defined in s. 790.001, F.S.;
Delinquent in possession of a firearm under s. 790.23(1)(b), F.S.; or
An attempt to commit any offense listed in this paragraph under s. 777.04, F.S.
The bill creates a presumption that a juvenile who commits any of the offenses listed above is a risk to
public safety and a danger to the community and requires a court to hold such a juvenile in secure
detention prior to his or her adjudicatory hearing unless the court finds by clear and convincing
evidence that such a juvenile does not pose a risk to public safety or is a danger to the community. If a
juvenile is held in secure detention for committing the offenses listed above and an adjudicatory
hearing is not held within 60 days, the bill requires the court to hold a review hearing within each
successive seven day period until the juvenile’s adjudicatory hearing or until the juvenile is placed on
supervised release with electronic monitoring.
Under the bill, if a court makes a finding that the juvenile does not pose a risk to public safety or is not a
danger to the community and the court decides to release the juvenile from secure detention, the court
must place the juvenile on supervised release detention care with electronic monitoring and enter a
written order listing the juvenile’s prior adjudications, prior dispositions, and prior violations of pretrial
release orders. Such written order must be provided to the victim, to the law enforcement agency that
arrested the juvenile, and to the law enforcement agency with primary jurisdiction over the juvenile’s
primary residence.
The bill amends s. 985.26, F.S., to conform to the changes made by the bill to s. 985.255(1)(g) and (h),
F.S.
Disposition Hearings
Background
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After a juvenile is found to have committed a delinquent act, the court must hold a disposition hearing. 17
A juvenile disposition hearing is comparable to criminal sentencing. The court must review DJJ’s
predisposition report which recommends the most appropriate placement and treatment plan. 18 The
court may deviate from DJJ’s recommendations but must include appropriate written findings in the
disposition order.19
A juvenile disposition order is similar to a judgment and sentence in criminal court. Under s. 985.433,
F.S., if the court finds that a child should be adjudicated delinquent, the court may order the child into:
Residential commitment with DJJ at a specified restrictiveness level;20
Residential commitment with DJJ at a specified restrictiveness level, followed by community-
based sanctions;21 or
A probation program which must include a penalty component, such as community-based
sanctions,22, 23 and a rehabilitative component.24
Community-based sanctions may include, but are not limited to:
Participation in substance abuse treatment;
Participation in a day-treatment program;
Restitution in money or in kind;
A curfew;
Revocation or suspension of the child’s driver license;
Community service; and
Appropriate educational programs.25
Effect of Proposed Changes – Disposition Hearings
The bill amends s. 985.433, F.S., to require that any juvenile who is adjudicated by the court and
committed to a DJJ program for an offense or attempted offense involving a firearm be placed on
conditional release for a period of one year after his or her release from such commitment program.
The conditional release program must include electronic monitoring by DJJ for the first six months
following the juvenile’s release, at times and under terms and conditions set by DJJ.
Under the bill, if a juvenile is found to have committed an offense that involves the use or possession of
a firearm, other than a violation of s. 790.22(3), F.S., or an offense during the commission of which the
juvenile p