The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1274
INTRODUCER: Fiscal Policy Committee; Criminal Justice Committee; and Senator Martin
SUBJECT: Juvenile Justice
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Parker Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1274 makes multiple changes throughout ch. 985, F.S., to revise provisions relating to
citation programs, secure detention, probation, conditional release, and contraband. Sections
relating to firearm offenses committed by minors are amended throughout ch. 790, F.S., and
ch. 985, F.S. Additionally, the bill amends s. 1002.221, F.S., to provide that education records
may be used for proceedings initiated under ch. 984, F.S., and ch. 985, F.S.
Prearrest Delinquency Citation Programs
The bill amends s. 985.12, F.S., relating to civil citation programs, to rename civil citation
programs as prearrest delinquency citation programs, prohibit such programs for firearm related
offenses, and provide such programs must specify classes established for the program.
Additionally, s. 985.125, F.S., is amended to prohibit school districts from operating a postarrest
diversion program.
The bill amends s. 985.126, F.S., to revise reporting requirements for law enforcement agencies,
and the Florida Department of Juvenile Justice (DJJ).
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Firearm and Other Serious Offenses
The bill amends s. 790.22, F.S., to increase the penalty or the unlawful possession of a firearm
by a minor, from a first degree misdemeanor to a third degree felony. Additionally, the bill
provides specified punishments for such violations, including minimum mandatory days in
secure detention, community service or paid work, and driver license restrictions. Section
985.455, F.S., is amended to provide that the court may, upon finding a compelling
circumstance, direct the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
to make an exception to issue the minor a license for driving privileges restricted to business or
employment purposes only.
Sections 790.115, and 790.22, F.S., are amended to remove provisions requiring secure detention
for any minor who is charged with firearm related offenses.
The bill amends s. 985.433, F.S., requiring any youth committed for any offense or attempted
offense involving a firearm be placed on conditional release for at least 1 year after release from
the residential commitment program, with terms of conditional release including electronic
monitoring for the initial six months under terms and conditions set by the DJJ.
For a firearm offense, other than minor possession under s. 790.22(3), F.S., or for an offense that
is committed while the minor is in possession of a firearm, the court must order specified
punishments, including 30 days of secure detention, 100 hours of community service, 1 year
probation, and restrictions on the minors driver license, if the court decides not to commit the
youth to a residential program.
A child who has previously had adjudication withheld for a specified offense shall not be eligible
for a second or subsequent withhold of adjudication, and must be committed to a residential
program.
The bill amends s. 985.601, F.S., providing that the DJJ must establish a class focused on the risk
and consequences of youthful firearm offending which shall be provided by the DJJ to any youth
adjudicated or who had adjudication withheld for any offense involving the use or possession of
a firearm.
Secure Detention
The bill amends s. 985.25, F.S., requiring that youths arrested for violating the terms of his or her
electronic monitoring supervision or his or her supervised release shall be placed in secure
detention until a detention hearing.
A child on probation for an underlying felony firearm offense who is taken into custody under
s. 985.101, F.S., for violating conditions of probation not involving a new law violation shall be
held in secure detention to allow the state attorney to review the violation.
The bill amends s. 985.255, F.S., to provide that the court has the authority to depart from the
detention risk assessment instrument and order a placement more or less restrictive than what the
risk assessment recommends. Additionally, the bill provides when minors committing specified
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offenses must be held in secure detention, and that the court must make certain findings before
releasing such finding. Written notice of release must be given to the victim, the arresting
agency, and the law enforcement agency with primary jurisdiction over the minor’s residence.
The bill amends s. 985.26, F.S., to provide the court may order a child to be held in secure
detention beyond 21 days based on the nature of the charge under specified circumstances,
including if the child is held for specified offenses.
Probation
The bill amends multiple sections throughout ch. 985, F.S., to remove post commitment
probation. Under the bill, a child must be placed on conditional release following commitment to
a DJJ program, or may be directly released from such program.
The bill amends s. 985.435, F.S., providing that a probation program must include an alternative
consequences component and such an alternative consequence component must be aligned with
the DJJ’s graduated response matrix as described in s. 985.438, F.S.
Section 985.438, F.S., is created and requires the DJJ to create and administer a statewide
graduated response matrix to hold youths accountable to the term of their court ordered probation
and the terms of their conditional release. The graduated response matrix shall outline sanctions
for youth based on their risk to reoffend.
The bill amends s. 985.439, F.S., to provide that upon receiving notice of a violation of probation
from the DJJ, the state attorney must file the violation within 5 days or provide in writing to the
DJJ and the court a reason as to why he or she is not filing.
Additionally, the DJJ may place a youth on electronic monitoring for a violation of probation if it
determines doing so will preserve and protect public safety.
Conditional Release
The bill amends s. 985.46, F.S., revising legislative intent concerning conditional release to
require conditional release after commitment unless the youth is directly released. Specified
conditions of conditional release must be placed on the minor.
The bill provides that a youth who violates the terms of his or her conditional release shall be
assessed using the graduated response matrix as described in s. 985.438, F.S. A youth who fails
to move into compliance shall be recommitted to a residential facility.
Contraband
The bill amends s. 985.711, F.S., to add specified items to the list of contraband, and provides it
is a second degree felony to introduce contraband into a DJJ facility.
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The bill permits the DJJ staff to utilize canine units on the grounds of a juvenile detention facility
or commitment program to locate and seize contraband and ensure security within such a facility
or program.
The bill is effective on July 1, 2024.
II. Present Situation:
Civil Citation/Pre-arrest Diversion
The Florida Department of Juvenile Justice (DJJ) civil citation or similar prearrest delinquency
initiative addresses a youth’s behavior at his or her first encounter with the juvenile justice
system and provides an alternative to arrest for that child.1
A civil citation or similar prearrest delinquency program for misdemeanor offenses shall be
established in each judicial circuit in the state. The state attorney and public defender of each
circuit, the clerk of the court for each county in the circuit, and representatives of participating
law enforcement agencies in the circuit shall create a civil citation or similar prearrest
delinquency program and develop its policies and procedures. In developing the program’s
policies and procedures, input from other interested stakeholders may be solicited. The DJJ shall
annually develop and provide guidelines on best practice models for civil citation or similar
prearrest delinquency programs to the judicial circuits as a resource.2
Each judicial circuit’s civil citation or similar prearrest delinquency program must specify:
 The misdemeanor offenses that qualify a juvenile for participation in the program;
 The eligibility criteria for the program;
 The program’s implementation and operation;
 The program’s requirements, including, but not limited to, the completion of community
service hours, payment of restitution, if applicable, and intervention services indicated by a
needs assessment of the juvenile, approved by the DJJ, such as family counseling, urinalysis
monitoring, and substance abuse and mental health treatment services; and
 A program fee, if any, to be paid by a juvenile participating in the program. If the program
imposes a fee, the clerk of the court of the applicable county must receive a reasonable
portion of the fee.3
The state attorney of each circuit shall operate a civil citation or similar prearrest delinquency
program in each circuit. A sheriff, police department, county, municipality, locally authorized
entity, or public or private educational institution may continue to operate an independent civil
citation or similar prearrest delinquency program that is in operation as of October 1, 2018, if the
independent program is reviewed by the state attorney of the applicable circuit and he or she
determines that the independent program is substantially similar to the civil citation or similar
prearrest delinquency program developed by the circuit. If the state attorney determines that the
1
Department of Juvenile Justice, Florida Civil Citation or Similar Prearrest delinquency Overview, available at
https://www.djj.state.fl.us/partners-providers-staff/our-approach/florida-civil-citation-or-similar-prearrest-diversion) last
visited on January 16, 2024).
2
Section 985.12(2)(a), F.S.
3
Section 985.12(2)(b), F.S.
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independent program is not substantially similar to the civil citation or similar prearrest
delinquency program developed by the circuit, the operator of the independent diversion
program may revise the program and the state attorney may conduct an additional review of the
independent program.4
Pursuant to s. 985.126, F.S., citation entities submit demographic data and indicate the law
violation. Law enforcement agencies report data to the DJJ that identifies each minor who was
eligible for a diversion program but was instead referred to the DJJ, given a notice to appear, or
arrested. Within 7 days of the admission into a citation program, the citation entity enters data
into the Juvenile Justice Information System Prevention Web. De-identified data collected
through the state’s civil citation programs is published and continually updated on the DJJ’s
website, and helps inform the department-produced, civil citation best practice report
disseminated to judicial circuits.5
Detention of Children in Florida – Intake and Assessment
Every child under the age of 18 charged with a crime in Florida is referred to the DJJ.6 The DJJ
serves as the primary case manager responsible for managing, coordinating, and monitoring
services provided to the child.7 Intake and screening services for a child referred to the DJJ are
performed at a Juvenile Assessment Center.8 The purpose of the intake process is to assess the
child’s needs and risks and to determine the most appropriate treatment plan and setting for the
child’s programmatic need and risks.9 Once a child is in the custody of the DJJ, the DJJ
determines whether detention care is appropriate.10
The DJJ makes an initial decision regarding detention care placement using the “Detention Risk
Assessment Instrument.”11 This instrument takes into consideration, but need not be limited to,
the following:
 Pending felony and misdemeanor offenses;
 Offenses committed pending adjudication;
 Prior offenses;
 Unlawful possession of a firearm;
 Prior history of failure to appear;
 Supervision violations;
 Supervision status at the time the child is taken into custody;
 All statutory mandates for detention care; and
4
Section 985.12(2)(c), F.S.
5
Section 985.126(2), F.S.
6
A referral is similar to an arrest in the adult criminal justice system. See Probation and Community Intervention, Overview,
Department of Juvenile Justice, available at http://www.djj.state.fl.us/services/probation (last visited January 16, 2024).
7
Section 985.145(1), F.S.
8
Section 985.135(4), F.S.
9
Section 985.14(2), F.S. The intake process consists of a preliminary screening and may be followed by a comprehensive
assessment, consisting of a full mental health, cognitive impairment, substance abuse, or psychosexual evaluation.
10
Section 985.25(1), F.S.
11
Sections 985.25(1) and 985.245, F.S. Section 985.245, F.S., outlines with whom the Detention Risk Assessment Instrument
must be developed, when and how it must be updated, and what factors the assessment instrument should identify when
evaluating a child to determine whether detention placement is appropriate.
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 Any information on the child’s history of abuse and neglect.12
Secure Detention Care
The DJJ shall receive custody of a child who has been taken into custody from the law
enforcement agency or court and shall review the facts in the law enforcement report or probable
cause affidavit and make such further inquiry as may be necessary to determine whether
detention care is appropriate.13 A child may not be held in secure detention care under a special
detention order for more than 21 days unless an adjudicatory hearing for the case has been
commenced in good faith by the court.14
All determinations and court orders regarding the use of detention care shall be based primarily
upon findings that the child:
 Presents a substantial risk of not appearing at a subsequent hearing;15
 Presents a substantial risk of inflicting bodily harm on others as evidenced by recent
behavior, including the illegal possession or use of a firearm;16
 Presents a history of committing a property offense prior to adjudication, disposition, or
placement;17
 Has committed contempt of court by:
o Intentionally disrupting the administration of the court;
o Intentionally disobeying a court order; or
o Engaging in a punishable act or speech in the court’s presence which shows disrespect for
the authority and dignity of the court;18 or
 Requests protection from imminent bodily harm.19
Alternative Consequence Component for Violations of Probation
A probation program may also include an alternative consequence component to address
instances in which a child is noncompliant with technical conditions of his or her probation but
has not committed any new violations of law. Each judicial circuit shall develop, in consultation
with judges, the state attorney, the public defender, the regional counsel, relevant law
enforcement agencies, and the DJJ, a written plan specifying the alternative consequence
component which must be based upon the principle that sanctions must reflect the seriousness of
the violation, the assessed criminogenic needs and risks of the child, the child’s age and maturity
level, and how effective the sanction or incentive will be in moving the child to compliant
behavior. The alternative consequence component is designed to provide swift and appropriate
consequences or incentives to a child who is alleged to be noncompliant with or in violation of
probation. If the probation program includes this component, specific consequences that apply to
12
Section 985.245(2)(b)