HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1425 Juvenile Justice
SPONSOR(S): Judiciary Committee, Yarkosky
TIED BILLS: IDEN./SIM. BILLS: SB 1352
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 15 Y, 2 N Leshko Hall
2) Justice Appropriations Subcommittee 14 Y, 0 N Saag Keith
3) Judiciary Committee 20 Y, 0 N, As CS Leshko Kramer
SUMMARY ANALYSIS
CS/HB 1425 amends several statutes relating to the Department of Juvenile Justice (DJJ). Specifically, the bill:
 Amends ss. 330.41, 553.865, 943.0515, 985.02, 985.03, 985.039, 985.126, 985.17, 985.27, 985.441,
985.455, 985.465, and 985.601, F.S., to make changes to juvenile commitment restrictiveness level
classifications and terms, to replace the terms “gender-specific” and “gender” with “sex-specific” and
“sex,” respectively, as those terms are defined in s. 553.865, F.S., and to strike an obsolete reporting
date.
 Amends s. 381.887, F.S., to include any DJJ personnel and any DJJ contracted provider with direct
contact with youth in the care of DJJ to the list of persons who are authorized to possess, store, and
administer emergency opioid antagonists and who are immune from any civil or criminal liability as a
result of administering an emergency opioid antagonist.
 Amends ss. 790.22, 938.17, 948.51, 985.664, 985.668, and 985.676, F.S., to remove and redistribute
certain duties from the juvenile justice circuit advisory boards to other entities and to simply the role of
such boards.
 Amends s. 985.115, F.S., to prohibit a person who has taken a child into custody from releasing a child
to a juvenile assessment center if the child is suffering from a serious physical condition which requires
prompt diagnosis or treatment, is believed to be mentally ill, or appears to be intoxicated and has
threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by
substance abuse.
 Amends s. 985.26, F.S., to authorize the initiation of a transfer to or from secure detention care or
supervised release detention care upon a court’s own motion; a motion of the child; or a motion of the
state. The bill requires a court to consider any information provided by DJJ regarding a child’s
adjustment to detention supervision.
 Amends s. 985.601, F.S., to authorize DJJ to use state or federal funds to purchase and distribute
promotional and educational materials for specified purposes.
 Amends s. 985.619, F.S., to authorize the Florida Scholars Academy’s board of trustees to review and
approve an annual academic calendar for students enrolled in a traditional K-12 education pathway.
 Amends ss. 1001.42, 1003.01, 1003.51, and 1003.52, F.S., to make conforming changes to align
current education statutes with the controlling provisions of the Florida Scholars Academy adopted in
2023.
The bill does not change currently authorized resources or expenditures, and is not anticipated to have any
fiscal impacts.
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 .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Juvenile Commitment
Background
The court that has jurisdiction of an adjudicated delinquent child may commit the child to a Department
of Juvenile Justice (DJJ) minimum-risk nonresidential, nonsecure residential, high-risk residential, or
maximum-risk residential program.1 Such commitment must be for the purpose of exercising active
control over the child, including, but not limited to, custody, care, training, monitoring for substance
abuse, electronic monitoring, and treatment of the child and release of the child from residential
commitment into the community in a postcommitment nonresidential conditional release program. 2
Restrictiveness Levels
Minimum-risk nonresidential programs work with youth who remain in and have full access to the
community and participate at least five days a week in a day treatment program.3
Nonsecure residential programs are residential but may allow youth to have supervised access to the
community. Facilities at this commitment level are either environmentally secure, staff secure, or are
hardware-secure with walls, fencing, or locking doors.4
High-risk residential programs are residential and do not allow youth to have access to the community,
except that temporary release providing community access for up to 72 continuous hours may be
approved by a court for a youth who has made successful progress in his or her program in order for
the youth to attend a family emergency or, during the final 60 days of his or her placement, to visit his
or her home, enroll in school or a career and technical education program, complete a job interview, or
participate in a community service project. High-risk residential facilities are hardware-secure with
perimeter fencing and locking doors.5
Maximum-risk residential programs include juvenile correctional facilities and juvenile prisons. The
programs at this commitment level are long-term residential and do not allow youth to have access to
the community. Facilities at this commitment level are maximum-custody, hardware-secure with
perimeter security fencing and locking doors.6
Twenty-four-hour awake supervision, custody, care, and treatment of residents is provided for all levels
of residential commitment.7
According to DJJ, in practice some of the restrictiveness level classifications and terms are
contradictory, unclear, or are better served through alternative means as follows:
 “Minimum-risk nonresidential” programs present a contradiction as typically a youth who is
committed to DJJ is removed from the community and housed in a secure facility; however, the
nature of minimum-risk nonresidential programs complicates the line between community
probation and traditional commitment. DJJ asserts that the goal of these programs is better
accomplished through probation instead of any kind of commitment.
 The term “nonsecure residential” programs is contradictory as it is used to describe programs
where youth are securely housed with both staff and hardware-secure.
1 Ss. 985.441(1)(b) and 985.03(44), F.S.
2 S. 985.441(1)(b), F.S.
3 S. 985.03(44)(a), F.S.
4 S. 985.03(44)(b), F.S.
5 S. 985.03(44)(c), F.S.
6 S. 985.03(44)(d), F.S.
7 S. 985.03(44), F.S.
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  The term “maximum-risk residential” is commonly used interchangeably with “juvenile prison”
and “juvenile correctional facility” without proper cross-reference, and in practice DJJ and other
stakeholders typically refer to all three as “maximum-risk residential.”
Additionally, DJJ provides housing and treatment services for youth based on their “sex,” which is
currently undefined in DJJ statutes.8
Effect of Proposed Changes – Juvenile Commitment
The bill amends ss. 330.41, 553.865, 943.0515, 985.02, 985.03, 985.039, 985.126, 985.17, 985.27,
985.441, 985.455, 985.465, and 985.601, F.S., as follows:
 Removes “minimum-risk nonresidential” as a restrictiveness level for committed youth and all
references to “minimum-risk nonresidential” programs.
 Renames all references to “nonsecure residential” programs to “moderate-risk” programs.
 Removes all references to “juvenile prison” and “juvenile correctional facilities” and replaces
them with “maximum-risk residential.”
 Replaces the terms “gender-specific” and “gender” with “sex-specific” and “sex,” respectively,
and defines “sex” as it is defined in s. 553.865, F.S.9
 Strikes an obsolete reporting date.
Emergency Opioid Antagonist Authorization and Immunity
Background
Section 381.887, F.S., generally governs the prescribing, ordering, and dispensing of emergency opioid
antagonists to patients and caregivers and governs who is authorized to store, possess, and administer
such antagonists. This section specifically delineates persons who are authorized to possess, store,
and administer emergency opioid antagonists as clinically indicated and who are immune from any civil
liability or criminal liability as a result of administering such an antagonist to include the following:
 Emergency responders;
 Crime laboratory personnel for the statewide criminal analysis laboratory system; and
 Law enforcement personnel or personnel of another agency, including, but not limited to,
correctional probation officers and child protective investigators who, while acting within the
scope or course of employment, come into contact with a controlled substance or persons at
risk of experiencing an opioid overdose.10, 11
Effect of Proposed Changes – Emergency Opioid Antagonist Authorization and Immunity
The bill amends s. 381.887, F.S., to include any DJJ personnel and any DJJ contracted provider with
direct contact with youth in the care of DJJ, as authorized under chs. 98412 and 985, F.S.,13 to the list of
persons who are authorized to possess, store, and administer emergency opioid antagonists as
clinically indicated and who are immune from any civil liability or criminal liability as a result of
administering an emergency opioid antagonist.
Juvenile Justice Circuit Advisory Boards
Background
8 DJJ, Agency Analysis of 2024 House Bill 1425, p. 3 (Jan. 12, 2024)(on file with the House Criminal Justice Subcommittee).
9 Section 553.865(l), F.S., defines “sex” to mean the classification of a person as either female or male based on the organiza tion of the
body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones,
and internal and external genitalia present at birth. Additionally, s. 553.865(f) and (h), F.S., define “female” to mean a pe rson belonging,
at birth, to the biological sex which has the specific reproductive role of producing eggs, and “male” to mean a person belonging, at
birth, to the biological sex which has the specific reproductive rule of producing sperm, respectively.
10 S. 381.887(4), F.S.
11 Section 381.887(7), F.S., does not limit any existing immunities for any emergency responders, crime laboratory personnel, or law
enforcement personnel, or personnel of another agency which may be provided in other applicable provisions of law.
12 Chapter 984 relates to children and families in need of services.
13 Chapter 985 relates to juvenile justice and the interstate compact on juveniles.
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 Section 985.664, F.S., authorizes a juvenile justice circuit advisory board (CAB) to be established in
each of the 20 judicial circuits. The purpose of such boards is to provide advice and direction to DJJ in
the development and implementation of juvenile justice programs and to work collaboratively with DJJ
in seeking program improvements and policy changes to address the emerging and changing needs of
Florida’s youth who are at risk of delinquency.14 All CAB membership must be approved by the
Secretary of DJJ, with limited exceptions, and must include:
 The state attorney or his or her designee.
 The public defender or his or her designee.
 The chief judge or his or her designee.
 A representative of the corresponding circuit or regional entity of the Department of Children
and Families.
 The sheriff or his or her designee from each county in the circuit.
 A police chief or his or her designee from each county in the circuit.
 A county commissioner or his or her designee from each county in the circuit.
 The superintendent of each school district in the circuit or his or her designee.
 A representative from the workforce organization of each county in the circuit.
 A representative of the business community.
 A youth representative who has had an experience with the juvenile justice system and is not
older than 21 years of age.
 A representative of the faith community.
 A health services representative who specializes in mental health care, victim-service programs,
or victims of crime.
 A parent or family member of a youth who has been involved with the juvenile justice system.
 Up to five representatives from any of the following who are not otherwise represented:
o Community leaders.
o Youth-serving coalitions.15
The duties of CABs include, but are not limited to:
 Developing a comprehensive plan for the circuit.
 Participating in the facilitation of interagency cooperation and information sharing.
 Providing recommendations for public or private grants to be administered by one of the
community partners that support one or more components of the comprehensive circuit plan.
 Providing recommendations to DJJ in the evaluation of prevention and early intervention grant
programs.
 Providing an annual report to DJJ describing the board’s activities. 16
Except in single-county circuits, each CAB has a county organization representing each of the counties
in the circuit that reports directly to the CAB on the juvenile justice needs of county.17
Effect of Proposed Changes – Juvenile Justice Circuit Advisory Boards
The bill amends ss. 790.22, 938.17, 948.51, 985.664, 985.668, and 985.676, F.S., to remove and
redistribute certain duties from the CABs to DJJ and other entities and to simplify the role of such
boards, as follows:
 Transfers the responsibility of establishing appropriate community service programs available to
the alternative sanctions coordinators of the circuit courts from CABs to DJJ.
14 S. 985.664(1), F.S.
15 S. 985.664(4), F.S.
16 S. 985.664(3), F.S.
17 S. 985.664(1), F.S.
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  Removes the responsibility for CABs to propose the implementation of community service
programs to their respective circuits and to submit circuit plans.
 Requires a sheriff’s office that receives funds to operate a juvenile assessment center to
provide an annual written financial report accounting for all funds to DJJ instead of to a CAB.
 Requires the public safety coordinating council of a county to collaborate with DJJ rather than a
CAB when developing a comprehensive public safety plan that includes programs and services
for juveniles.
 Requires CABs to work with the chief probation officer of the circuit in using data to inform
policy and practice that will improve the juvenile justice continuum.
 Removes authorization for county organizations.
 Removes the following duties from CABs:
o Developing a comprehensive plan.
o Participating in interagency cooperation and information sharing.
o Developing and implementing circuit interagency agreements.
o Providing recommendations for public and private grants.
o Providing an annual report of the board’s activities.
 Requires membership of the board to be approved by the chief probation officer of the circuit
and reduces the number of members on the board by two, by reducing the number of
community leader or youth-serving coalition members required from five to three.
 Requires the chief probation officer of the circuit to serve as the chair of the board.
 Removes provisions relating to procedures to fill a vacant chair position, board membership
terms, bylaw, quorum, and voting requirements, establishment of an executive committee, and
requirements that CABs are subject to the code of ethics for public officers and employees.
 Requires the chief probation officer in each circuit to submit proposals for innovation zones
rather than boards.
 Removes requirements for the boards to review applications for community juvenile justice
partnership grants.
 Allows for recommendations from community stakeholders to direct which grant proposals
should be given priority.
 Removes requirement t