F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1273 2023
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 943.0585, F.S.; permitting a juvenile with one prior
4 sealing or expunction to obtain a court-ordered
5 expunction; amending s. 985.01, F.S.; revising
6 purposes and intent concerning juvenile justice;
7 amending s. 985.03, F.S.; revising the definition of
8 "disposition hearing"; defining the term "replica
9 firearm"; amending s. 985.0301, F.S.; providing that a
10 court may retain post disposition jurisdiction until a
11 child reaches age 21 for certain youth on post-
12 commitment probation; amending s. 985.032, F.S.;
13 providing that requests by the Department of Juvenile
14 Justice to modify court orders must be made by
15 counsel; providing an exception; amending s. 985.433,
16 F.S.; revising provisions relating to disposition
17 hearings; amending s. 985.439, F.S.; providing for the
18 tolling of a probation period when a notice of
19 affidavit of violation is filed until the allegation
20 is resolved; allowing continued supervision during the
21 tolling period; amending s. 985.455, F.S.; revising
22 provisions relating to children committed to the
23 department; amending s. 985.465, F.S.; revising the
24 maximum amount of time a juvenile may be committed to
25 a juvenile corrections facility in certain
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26 circumstances; revising the age ranges of juveniles
27 who may be committed to such facilities; revising the
28 offenses that permit juveniles to be committed to such
29 a facilities; amending ss. 330.41 and 985.721, F.S.;
30 conforming provisions to changes made by the act;
31 providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraph (g) of subsection (1) of section
36 943.0585, Florida Statutes, is amended to read:
37 943.0585 Court-ordered expunction of criminal history
38 records.—
39 (1) ELIGIBILITY.—A person is eligible to petition a court
40 to expunge a criminal history record if:
41 (g) The person has never secured a prior sealing or
42 expunction of a criminal history record under this section, s.
43 943.059, former s. 893.14, former s. 901.33, or former s.
44 943.058, unless expunction is sought of a criminal history
45 record previously sealed for 10 years pursuant to paragraph (h)
46 and the record is otherwise eligible for expunction , with the
47 exception of one prior juvenile sealing or expunction which is
48 permissible under this subsection.
49 Section 2. Paragraphs (d) and (h) of subsection (1) of
50 section 985.01, Florida Statutes, are amended to read:
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51 985.01 Purposes and intent.—
52 (1) The purposes of this chapter are:
53 (d) To ensure the protection of society, by providing for
54 a comprehensive standardized assessment of the child's needs so
55 that the most appropriate control, discipline, punishment, and
56 treatment can be administered consistent with the seriousness of
57 the act committed, the community's long-term need for public
58 safety, the prior record of the child, and the specific
59 rehabilitation needs of the child, while also providing,
60 whenever possible, restitution to the victim of the offense.
61 (h) To care for children in the least restrictive and most
62 appropriate service environments to ensure that children
63 assessed as low and moderate risk to reoffend are not committed
64 to residential programs, unless the court deems such placement
65 appropriate.
66 Section 3. Subsections (43) through (54) of section
67 985.03, Florida Statutes, are renumbered as subsections (44)
68 through (55), respectively, subsection (21) of that section is
69 amended, and a new subsection (43) is added to that section, to
70 read:
71 985.03 Definitions.—As used in this chapter, the term:
72 (21) "Disposition hearing" means a hearing in which the
73 court determines the most appropriate dispositional services in
74 the least restrictive available setting provided for under part
75 VII, in delinquency cases.
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76 (43) "Replica firearm" means any replica of a firearm, toy
77 gun, or other item that substantially looks like a firearm or is
78 modified to reasonably look like a real functioning firearm when
79 it is used, possessed, displayed, or discharged.
80 Section 4. Paragraph (b) of subsection (5) of section
81 985.0301, Florida Statutes, is amended to read:
82 985.0301 Jurisdiction.—
83 (5)
84 (b) The court shall retain jurisdiction, unless
85 relinquished by its own order:
86 1. Over a child on probation until the child reaches 19
87 years of age.
88 2. Over a child committed to the department until the
89 child reaches 21 years of age, specifically for the purpose of
90 allowing the child to complete the commitment program, including
91 conditional release supervision or post commitment probation if
92 youth is 19 years of age or older upon release from the
93 commitment program.
94 Section 5. Subsection (2) of section 985.032, Florida
95 Statutes, is renumbered as subsection (3), and a new subsection
96 (2) is added to that section, to read:
97 985.032 Legal representation for delinquency cases.—
98 (2) Any request by the department to modify a court's
99 order, to include, but not be limited to, detention, probation,
100 or commitment orders and recommendations for early termination
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101 of probation or release from a commitment program, shall be made
102 by department counsel unless the request addresses a scrivener's
103 error.
104 Section 6. Subsections (7) through (10) of section
105 985.433, Florida Statutes, are renumbered as subsections (8)
106 through (11), respectively, present subsections (7) and (8) are
107 amended, and a new subsection (7) is added to that section, to
108 read:
109 985.433 Disposition hearings in delinquency cases. —When a
110 child has been found to have committed a delinquent act, the
111 following procedures shall be applicable to the disposition of
112 the case:
113 (7) The predisposition report, results of the
114 multidisciplinary staffing, and any of the department's
115 recommendations therein are to be given the weight the court
116 deems appropriate.
117 (8)(7) If the court determines that the child should be
118 adjudicated as having committed a delinquent act and should be
119 committed to the department, such determination shall be in
120 writing or on the record of the hearing. The determination shall
121 include a specific finding of the reasons for the decision to
122 adjudicate and to commit the child to the department, includ ing
123 any determination that the child was a member of a criminal gang
124 or used, possessed, displayed, or discharged a firearm or
125 replica firearm; or used or displayed a deadly weapon .
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126 (a) The department shall recommend to the court the most
127 appropriate placement and treatment plan, specifically
128 identifying the restrictiveness level most appropriate for the
129 child if commitment is recommended. If the court has determined
130 that the child was a member of a criminal gang, that
131 determination shall be given great weight in identifying the
132 most appropriate restrictiveness level for the child. The court
133 shall consider the department's recommendation in making its
134 commitment decision.
135 (b) The court may shall commit the child to the department
136 at the restrictiveness level identified or may order placement
137 at a different restrictiveness level. The court shall state in
138 writing for the record the reasons that establish by a
139 preponderance of the evidence why the court is deviating from
140 disregarding the assessment of the child and the restrictiveness
141 level recommended by the department. Any party may appeal the
142 court's findings resulting in a modified level of
143 restrictiveness under this paragraph.
144 (c) If the court determines that it is necessary, pursuant
145 to s. 985.465, for a child to stay in a physically secure
146 residential commitment program in excess of 36 months, the court
147 shall state in writing the reasons it finds the minimum length
148 of stay necessary. The court may consider the following factors
149 when making this determination of necessity:
150 1. Whether the current offense would be a life or first -
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151 degree felony if committed by an adult;
152 2. Whether the current offense involves the possession,
153 display, or discharge of a firearm;
154 3. Whether the current offense was against a person and
155 not property;
156 4. Whether the current offense was committed in an
157 aggressive, violent, premeditated, or willful manner;
158 5. Whether the child has prior adjudications or withholds
159 of adjudication for offenses involving firearms or the display
160 or use of a deadly weapon;
161 6. Whether the child has prior adjudications or withholds
162 of adjudication for offenses listed in s. 985.465(1);
163 7. Whether the child has any mental health issues or
164 intellectual disabilities that would make extended commi tment
165 detrimental to the child's development;
166 8. Whether the child acted under extreme duress or under
167 the domination of another person;
168 9. Whether the child has no prior adjudications or
169 withholds of adjudication; or
170 10. Whether the child has been unsuccessful in less-
171 restrictive rehabilitative placements.
172 (d)(c) The court may also require that the child be placed
173 in a probation program following the child's discharge from
174 commitment. Community-based sanctions under subsection (9) (8)
175 may be imposed by the court at the disposition hearing or at any
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176 time prior to the child's release from commitment.
177 (9)(8) If the court determines not to adjudicate and
178 commit to the department, then the court shall determine what
179 community-based sanctions it will impose in a probation program
180 for the child. Community-based sanctions may include, but are
181 not limited to, counselling services, participation in substance
182 abuse treatment, a day-treatment probation program, restitution
183 in money or in kind, a curfew, supervised release with or
184 without electronic monitoring, revocation, or suspension of the
185 driver license of the child, community service, and appropriate
186 educational programs as determined by the district school board.
187 Section 7. Subsections (2) through (5) of section 985.439,
188 Florida Statutes, are renumbered as subsections (3) through (6),
189 respectively, and a new subsection (2) is added to that section,
190 to read:
191 985.439 Violation of probation or postcommitment
192 probation.—
193 (2) Upon the filing of an affidavit alleging a violation
194 of probation and following the issuance of a custody order for
195 such violation, or a notice to appear under this section, the
196 probationary period is tolled until the court enters a ruling on
197 the alleged violation. Notwithstanding the tolling of probation,
198 the court shall retain jurisdiction over the juvenile for any
199 violation of the conditions of probation that is alleged to have
200 occurred during the tolling period. The probation officer is
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201 permitted to continue to supervise the juvenile who remains
202 available to the officer for supervision. The court will
203 maintain jurisdiction until the juvenile reaches the age of 19
204 or 21 pursuant to s. 985.0301.
205 Section 8. Subsection (3) of section 985.455, Florid a
206 Statutes, is amended to read:
207 985.455 Other dispositional issues.—
208 (3) Any commitment of a delinquent child to the department
209 must have the court determine a minimum period of time to remain
210 in the program; however, the child must remain until the program
211 is completed. must be for an indeterminate period of time, which
212 may include periods of temporary release; however, The period of
213 time may not exceed the maximum term of imprisonment that an
214 adult may serve for the same offense, except that the duration
215 of a minimum-risk nonresidential commitment f