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 1352
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Criminal and Civil Justice; and
Senator Bradley
SUBJECT: Juvenile Justice
DATE: February 26, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. Atchley Harkness ACJ Fav/CS
3. Parker Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1352 amends s. 985.03, F.S., to remove “minimum-risk nonresidential” as a
restrictiveness level for committed youth. The bill changes the term “nonsecure residential” to
“moderate-risk,” and removes reference to juvenile correctional facilities and juvenile prisons
from the definition of “maximum-risk residential.” The bill makes corresponding changes by:
Amending ss. 985.039 and 985.455, F.S., to remove a reference to minimum-risk
nonresidential restrictiveness level.
Amending ss. 330.41, 985.27, and 985.441, F.S., to reference a moderate risk residential
facility rather than a nonsecure residential facility.
Amending ss. 553.865, 943.0515, and 985.465, F.S., to replace the terms juvenile
correctional facility or juvenile prison with the term maximum-risk residential facility.
The bill amends s. 381.887, F.S., adding personnel of the Department of Juvenile Justice (DJJ)
and of any contracted provider with direct contact with youth to the list of personnel that are
offered immunity from civil and criminal liability as a result of administering an emergency
opioid antagonist (EOA).
The bill amends ss. 985.02, 985.03, 985.126, 985.17, and 985.601, F.S., to replace the terms
gender and gender-specific, with sex and sex-specific, respectively.
BILL: CS/CS/SB 1352 Page 2
The bill amends s. 985.115, F.S., to provide that a juvenile assessment center may not be
considered a facility that can receive a child who: is suffering from a serious physical condition
that requires a medical diagnosis or treatment; is mentally ill as defined in s. 394.463(1), F.S.; or
is intoxicated and has threatened or attempted physical harm to him or herself or another.
The bill amends s. 985.26, F.S., to provide that transitions from secure detention care and
supervised release detention care be initiated upon the court’s own motion, or upon a motion of
the child or of the state, and after considering any information provided by the department
regarding the child’s adjustment to detention supervision.
The bill amends s. 985.601, F.S., to authorize the department to use state or federal funds to
purchase and distribute promotional and educational materials that are consistent with the dignity
and integrity of the state for the following purposes:
Educating children and families about the juvenile justice continuum, including local
prevention programs or community services available for participation or enrollment.
Staff recruitment at job fairs, career fairs, community events, the Institute for
Commercialization of Florida Technology, community college campuses, or state university
campuses.
Educating children and families on children-specific public safety issues, including, but not
limited to, safe storage of adult-owned firearms, consequences of child firearm offenses,
human trafficking, or drug and alcohol abuse.
The bill amends s. 985.619, F.S., permitting the Florida Scholars Academy board of trustees to
review and approve an annual academic calendar to provide educational services to youth.
The bill amends s. 985.664, F.S., to remove current language relating to juvenile justice circuit
advisory boards’ duties, responsibilities, reporting, and other requirements. The bill requires that
each judicial circuit in this state have a juvenile justice circuit advisory board, that must work
with the chief probation officer of the circuit to use data to inform policy and practice which
improves the juvenile justice continuum.
The bill lowers the minimum number of members that sit on the board from 16 to 14, and
provides that each member must be approved by the chief probation officer of the circuit, rather
than the Secretary of the DJJ. The bill decreases the maximum number of board members who
may be representatives from the community from 5 to 3.
Additionally, the bill provides that the chief probation officer in each circuit must serve as the
chair of the board for that circuit.
The bill amends s. 790.22, F.S., to remove the provision permitting the juvenile justice circuit
advisory board to establish certain community service programs and provides the DJJ must
establish such programs.
The bill removes reference to the juvenile justice circuit advisory board in ss. 938.17, 948.51,
and 985.668, F.S. The bill further amends s. 985.668, F.S., to provide that the chief probation
officer must submit specified proposals to the secretary of the DJJ.
BILL: CS/CS/SB 1352 Page 3
The bill amends s. 985.676, F.S., to revise the required contents of a grant proposal that
applicants must submit to be considered for funding from an annual community juvenile justice
partnership grant. The bill requires the department to consider the recommendations of
community stakeholders, rather than the juvenile justice circuit advisor board, as to certain
priorities. The bill removes the juvenile justice circuit advisory board from the entities to which
each awarded grantee is required to submit an annual evaluation report.
The bill amends s. 1003.01, F.S., to include the Florida Scholars Academy in the definition of
“juvenile justice education programs or schools.”
The bill amends s. 1003.51, F.S., to revise requirements for the State Board of Education rules.
Such rules must articulate expectations for effective education programs for students in the DJJ,
and must establish policies and standards for certain education programs. The bill revises the
requirements for such rules by:
Removing the requirement that the rules provide assessment procedures for prevention, day
treatment, and residential programs.
Requiring the rules to provide recommended instructional programs, using course delivery
models aligned to the state academic standards.
Requiring the rules provide accountability measures and school improvement requirements
as public alternative schools for juvenile justice education programs.
Removing the requirement that the rules provide a series of graduated sanctions for district
school boards whose educational programs in the DJJ programs are considered to be
unsatisfactory.
The Department of Education (DOE) in partnership with the DJJ, the district school boards, and
providers must develop and implement requirements for contracts and cooperative agreements.
The bill adds the following to the list of minimum contract requirements:
Accountability requirements and corrective action plans, if needed; and
Administration of the federal strengthening career and technical education for the 21st
century act.
Additionally, the bill requires the DOE, in partnership with the DJJ and the district school board
to maintain specified records, including a Section 504 plan, or behavioral plan, if applicable.
The bill removes accountability measures, and requires the DOE to issue an alternative school
improvement rating for prevention and day treatment prevention juvenile justice education
programs.
The bill amends s. 1003.52, F.S., to remove reference to residential programs, and provide that
the section applies only to detention, prevention, or day treatment. Additionally, the bill removes
the requirement that the Coordinators for Juvenile Justice Education Programs report on the
departments’ participation in implementing a joint accountability, program performance, and
program improvement process.
BILL: CS/CS/SB 1352 Page 4
The bill removes provisions relating to career and professional education (CAPE)1 and
provisions related to requiring residential juvenile justice education programs to provide certain
CAPE courses. The bill replaces references to CAPE with career and technical education. The
bill requires each district school board to select appropriate academic and career assessments to
be administered at the time of program entry and exit for the purpose of developing goals for
education transition plans, progress monitoring plans, individual education plans, and federal
reporting.
The bill requires each district school board to negotiate a cooperative agreement with the
department on the delivery of education services to students in such programs. The bill adds that
such agreement must include:
Strategies for correcting any deficiencies found through the alternative school improvement
rating and student performance measures; and
Career and academic assessments selected by the district.
The bill removes provisions requiring the Department of Education, in consultation with the DJJ,
to adopt rules and collect data and report on certain programs. The bill removes a provision
requiring that specified entities jointly develop a multiagency plan for CAPE.
The bill amends s. 1001.42, F.S., to make conforming changes by removing the requirement that
the DJJ report on the elements specified in s. 1003.52(17), F.S.
The bill does not have a fiscal impact on the DJJ. See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2024.
II. Present Situation:
The Department of Juvenile Justice Continuum
Section 985.601, F.S., provides for administering the juvenile justice continuum. The DJJ is
authorized to plan, develop, and coordinate comprehensive services and programs statewide for
the prevention, early intervention, control, and rehabilitative treatment of delinquent behavior.2
The department is also authorized to develop and implement an appropriate continuum of care
that provides individualized, multidisciplinary assessments, objective evaluations of relative
risks, and the matching of needs with placements for all children under its care, and that uses a
system of case management to facilitate each child being appropriately assessed, provided with
services, and placed in a program that meets the child’s needs.3
1
Section 1003.52(5), F.S., states, prevention and day treatment juvenile justice education programs, at a minimum, shall
provide career readiness and exploration opportunities as well as truancy and dropout prevention intervention services.
Residential juvenile justice education programs with a contracted minimum length of stay of 9 months shall provide CAPE
courses that lead to preapprentice certifications and industry certifications. Programs with contracted lengths of stay of less
than 9 months may provide career education courses that lead to preapprentice certifications and CAPE industry
certifications.
2
Section 985.601(1), F.S.
3
Section 985.601(2), F.S.
BILL: CS/CS/SB 1352 Page 5
Circuit Advisory Boards
Section 985.664, F.S., authorizes the establishment of Juvenile Justice Circuit Advisory Boards.4
The Circuit Advisory Boards serve as advisors to the DJJ according to their statutory
responsibilities. Members of the boards work closely with Delinquency Prevention Specialists
and DJJ staff to plan for services that meet the identified needs of juveniles and families within
the local community. The Juvenile Justice Circuit Advisory Boards are vehicles for
collaboration. Through the Circuit Advisory Boards, the department promotes community
partnerships to increase public safety. Boards primarily focus on juvenile delinquency prevention
programs and services such as mentoring, teen courts, civil citation, partnership programs, after
school programs and public forums to increase communication between youth and law
enforcement.5
Florida Scholars Academy
Section 985.619, F.S., creates the Florida Scholars Academy within the DJJ developing a single-
uniform education system overseen by the DJJ to provide educational opportunities to students in
the DJJ residential commitment programs.6 The Florida Scholars Academy serves as a national
model with a focus on improving outcomes for youth through individualized educational
pathways. The Florida Scholars Academy helps youth in DJJ care attain a high school or high
school equivalency diploma, industry-recognized credentials, and enroll in a postsecondary
program of study at a Florida college, university, or technical college.7
Requirements for juvenile justice education are specified in s. 1003.52, F.S. Section 1003.52,
F.S., designates the Florida Department of Education as the lead agency for juvenile justice
education programs, curriculum, support services, and resources. Additionally, s. 1003.52, F.S.,
stipulates that the “district school board of the county in which the juvenile justice prevention,
day treatment, residential, or detention program is located shall provide or contract for
appropriate educational assessments and an appropriate program of instruction and special
education services.”8
Section 1003.52(5), F.S., states: Prevention and day treatment juvenile justice education
programs, at a minimum, shall provide career readiness and exploration opportunities as well as
truancy and dropout prevention intervention services. Residential juvenile justice education
programs with a contracted minimum length of stay of 9 months shall provide Career and
Professional Education (CAPE) courses that lead to preapprentice certifications and industry
certifications.9
4
Section 985.664, F.S.
5
Department of Juvenile Justice, Juvenile Justice Circuit Advisory Boards Prevent Juvenile Crime, available at
https://www.djj.state.fl.us/content/download/21162/file/circuit-advisory-board-brochure-3.pdf (last visited on January 22,
2024).
6
Section 985.619(2), F.S.
7
Florida Department of Justice, Governor Ron DeSantis Signs Legislation Creating First-of-its-Kind Education System for
Juvenile Justice-Involved Youth available at https://www.djj.state.fl.us/news/press-releases/2023/governor-ron-desantis-
signs-legislation-creating-first-of-its-kind-education-system-for-juvenile-justice-involved-youth (last visited on January 26,
2024).
8
Section 1003.52, F.S.
9
Section 1003.52(5), F.S.
BILL: CS/CS/SB 1352 Page 6
County Delinquency Prevention
The sheriff’s office of the county must be a partner in a written agreement with the DJJ to
participate in a juvenile assessment center or with the district school board to participate in a
suspension program.10 A sheriff’s office that receives proceeds pursuant to s. 939.185, F.S., shall
account for all funds annually by August 1 in a written report to the juvenile justice circuit
advisory board if funds are used for assessment centers, and to the district school board if funds
are used for suspension programs.11
Community Corrections Assistance to Counties or County Consortiums
A county, or a consortium of two or more counties, may contract with the Department of
Corrections for community corrections funds as provided in this section. In order to enter into a
community corrections partnership contract, a county or county consortium must have a public
safety coordinating council established under s. 951.26, F.S.,12 and must designate a county
officer or agency to be responsible for administering community corrections funds received from
the state. The public safety coordinating council shall prepare, develop, and implement a
comprehensive public safety plan for the county, or the geographic area represented by the
county consortium, and shall submit an annual report to the Department of Corrections
concerning the status of the program. In preparing the comprehensive public safety plan, the
public safety coordinating council shall cooperate with the juvenile justice circuit advisory board
established under s. 985.664, F.S., in order to include programs and services for juveniles in the
plan.13