July 09, 2020
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_h7097__
HB 7097

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.66,
3F.S.; eliminating the Juvenile Justice Standards and
4Training Commission; providing that the Department of
5Juvenile Justice rather than the commission is responsible
6for department program staff development and training;
7detailing the minimum qualifications for department
8program staff of the department and contract providers who
9deliver direct-care services to children; defining the
10term "department program staff"; amending s. 985.48, F.S.;
11conforming a provision to the termination of the Juvenile
12Justice Standards and Training Commission; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 985.66, Florida Statutes, is amended to
18read:
19     985.66  Juvenile justice training academies; staff
20development and training Juvenile Justice Standards and Training
21Commission; Juvenile Justice Training Trust Fund.-
22     (1)  LEGISLATIVE PURPOSE.-In order to enable the state to
23provide a systematic approach to staff development and training
24for judges, state attorneys, public defenders, law enforcement
25officers, school district personnel, and department juvenile
26justice program staff that will meet the needs of such persons
27in their discharge of duties while at the same time meeting the
28requirements for the American Correction Association
29accreditation by the Commission on Accreditation for
30Corrections, it is the purpose of the Legislature to require the
31department to establish, maintain, and oversee the operation of
32juvenile justice training academies in the state. The purpose of
33the Legislature in establishing staff development and training
34programs is to foster better staff morale and reduce
35mistreatment and aggressive and abusive behavior in delinquency
36programs; to positively impact the recidivism of children in the
37juvenile justice system; and to afford greater protection of the
38public through an improved level of services delivered by a
39professionally trained department juvenile justice program staff
40to children who are alleged to be or who have been found to be
41delinquent.
42     (2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
43STANDARDS AND TRAINING COMMISSION.-
44     (a)  There is created under the Department of Juvenile
45Justice the Juvenile Justice Standards and Training Commission,
46hereinafter referred to as the commission. The 17-member
47commission shall consist of the Attorney General or designee,
48the Commissioner of Education or designee, a member of the
49juvenile court judiciary to be appointed by the Chief Justice of
50the Supreme Court, and 14 members to be appointed by the
51Secretary of Juvenile Justice as follows:
52     1.  Seven members shall be juvenile justice professionals:
53a superintendent or a direct care staff member from an
54institution; a director from a contracted community-based
55program; a superintendent and a direct care staff member from a
56regional detention center or facility; a juvenile probation
57officer supervisor and a juvenile probation officer; and a
58director of a day treatment or conditional release program. No
59fewer than three of these members shall be contract providers.
60     2.  Two members shall be representatives of local law
61enforcement agencies.
62     3.  One member shall be an educator from the state's
63university and community college program of criminology,
64criminal justice administration, social work, psychology,
65sociology, or other field of study pertinent to the training of
66juvenile justice program staff.
67     4.  One member shall be a member of the public.
68     5.  One member shall be a state attorney, or assistant
69state attorney, who has juvenile court experience.
70     6.  One member shall be a public defender, or assistant
71public defender, who has juvenile court experience.
72     7.  One member shall be a representative of the business
73community.
74
75All appointed members shall be appointed to serve terms of 2
76years.
77     (b)  The composition of the commission shall be broadly
78reflective of the public and shall include minorities and women.
79The term "minorities" as used in this paragraph means a member
80of a socially or economically disadvantaged group that includes
81blacks, Hispanics, and American Indians.
82     (c)  The Department of Juvenile Justice shall provide the
83commission with staff necessary to assist the commission in the
84performance of its duties.
85     (d)  The commission shall annually elect its chairperson
86and other officers. The commission shall hold at least four
87regular meetings each year at the call of the chairperson or
88upon the written request of three members of the commission. A
89majority of the members of the commission constitutes a quorum.
90Members of the commission shall serve without compensation but
91are entitled to be reimbursed for per diem and travel expenses
92as provided by s. 112.061 and these expenses shall be paid from
93the Juvenile Justice Training Trust Fund.
94     (e)  The department powers, duties, and functions of the
95commission shall be to:
96     (a)1.  Designate the location of the training academies;
97develop, implement, maintain, and update the curriculum to be
98used in the training of department juvenile justice program
99staff; establish timeframes for participation in and completion
100of training by department juvenile justice program staff;
101develop, implement, maintain, and update job-related
102examinations; develop, implement, and update the types and
103frequencies of evaluations of the training academies; approve,
104modify, or disapprove the budget for the training academies, and
105the contractor to be selected to organize and operate the
106training academies and to provide the training curriculum.
107     (b)2.  Establish uniform minimum job-related training
108courses and examinations for department juvenile justice program
109staff.
110     (c)3.  Consult and cooperate with the state or any
111political subdivision; any private entity or contractor; and
112with private and public universities, colleges, community
113colleges, and other educational institutions concerning the
114development of juvenile justice training and programs or courses
115of instruction, including, but not limited to, education and
116training in the areas of juvenile justice.
117     (d)4.  Enter into With the approval of the department, make
118and enter into such contracts and agreements with other
119agencies, organizations, associations, corporations,
120individuals, or federal agencies as the commission determines
121are necessary in the execution of the its powers of the
122department or the performance of its duties.
123     5.  Make recommendations to the Department of Juvenile
124Justice concerning any matter within the purview of this
125section.
126     (3)  JUVENILE JUSTICE TRAINING PROGRAM.-The department
127commission shall establish a certifiable program for juvenile
128justice training pursuant to this section, and all department
129program staff and providers who deliver direct care services
130pursuant to contract with the department shall be required to
131participate in and successfully complete the department-approved
132commission-approved program of training pertinent to their areas
133of responsibility. Judges, state attorneys, and public
134defenders, law enforcement officers, and school district
135personnel may participate in such training program. For the
136department juvenile justice program staff, the department
137commission shall, based on a job-task analysis:
138     (a)  Design, implement, maintain, evaluate, and revise a
139basic training program, including a competency-based
140examination, for the purpose of providing minimum employment
141training qualifications for all department program staff
142juvenile justice personnel. All program staff of the department
143and providers who deliver direct-care services who are hired
144after October 1, 1999, must meet the following minimum
145requirements:
146     1.  Be at least 19 years of age.
147     2.  Be a high school graduate or its equivalent as
148determined by the department commission.
149     3.  Not have been convicted of any felony or a misdemeanor
150involving perjury or a false statement, or have received a
151dishonorable discharge from any of the Armed Forces of the
152United States. Any person who, after September 30, 1999, pleads
153guilty or nolo contendere to or is found guilty of any felony or
154a misdemeanor involving perjury or false statement is not
155eligible for employment, notwithstanding suspension of sentence
156or withholding of adjudication. Notwithstanding this
157subparagraph, any person who pled nolo contendere to a
158misdemeanor involving a false statement before October 1, 1999,
159and who has had such record of that plea sealed or expunged is
160not ineligible for employment for that reason.
161     4.  Abide by all the provisions of s. 985.644(1) regarding
162fingerprinting and background investigations and other screening
163requirements for personnel.
164     5.  Execute and submit to the department an affidavit-of-
165application form, adopted by the department, attesting to his or
166her compliance with subparagraphs 1.-4. The affidavit must be
167executed under oath and constitutes an official statement under
168s. 837.06. The affidavit must include conspicuous language that
169the intentional false execution of the affidavit constitutes a
170misdemeanor of the second degree. The employing agency shall
171retain the affidavit.
172     (b)  Design, implement, maintain, evaluate, and revise an
173advanced training program, including a competency-based
174examination for each training course, which is intended to
175enhance knowledge, skills, and abilities related to job
176performance.
177     (c)  Design, implement, maintain, evaluate, and revise a
178career development training program, including a competency-
179based examination for each training course. Career development
180courses are intended to prepare personnel for promotion.
181     (d)  The department commission is encouraged to design,
182implement, maintain, evaluate, and revise juvenile justice
183training courses, or to enter into contracts for such training
184courses, that are intended to provide for the safety and well-
185being of both citizens and juvenile offenders.
186     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.-
187     (a)  There is created within the State Treasury a Juvenile
188Justice Training Trust Fund to be used by the department of
189Juvenile Justice for the purpose of funding the development and
190updating of a job-task analysis of department program staff
191juvenile justice personnel; the development, implementation, and
192updating of job-related training courses and examinations; and
193the cost of commission-approved juvenile justice training
194courses; and reimbursement for expenses as provided in s.
195112.061 for members of the commission and staff.
196     (b)  One dollar from every noncriminal traffic infraction
197collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
198deposited into the Juvenile Justice Training Trust Fund.
199     (c)  In addition to the funds generated by paragraph (b),
200the trust fund may receive funds from any other public or
201private source.
202     (d)  Funds that are not expended by the end of the budget
203cycle or through a supplemental budget approved by the
204department shall revert to the trust fund.
205     (5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.-
206The number, location, and establishment of juvenile justice
207training academies shall be determined by the department
208commission.
209     (6)  SCHOLARSHIPS AND STIPENDS.-
210     (a)  By rule, the department commission shall establish
211criteria to award scholarships or stipends to qualified
212department program staff juvenile justice personnel who are
213residents of the state who want to pursue a bachelor's or
214associate in arts degree in juvenile justice or a related field.
215The department shall handle the administration of the
216scholarship or stipend. The Department of Education shall handle
217the notes issued for the payment of the scholarships or
218stipends. All scholarship and stipend awards shall be paid from
219the Juvenile Justice Training Trust Fund upon vouchers approved
220by the Department of Education and properly certified by the
221Chief Financial Officer. Prior to the award of a scholarship or
222stipend, the department program staff juvenile justice employee
223must agree in writing to practice her or his profession in
224juvenile justice or a related field for 1 month for each month
225of grant or to repay the full amount of the scholarship or
226stipend together with interest at the rate of 5 percent per
227annum over a period not to exceed 10 years. Repayment shall be
228made payable to the state for deposit into the Juvenile Justice
229Training Trust Fund.
230     (b)  The department commission may establish the
231scholarship program by rule and implement the program on or
232after July 1, 1996.
233     (7)  ADOPTION OF RULES.-The department commission shall
234adopt rules as necessary to administer carry out the provisions
235of this section.
236     (8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
237MANAGEMENT TRUST FUND.-Pursuant to s. 284.30, the Division of
238Risk Management of the Department of Financial Services is
239authorized to insure a private agency, individual, or
240corporation operating a state-owned training school under a
241contract to carry out the purposes and responsibilities of any
242program of the department. The coverage authorized herein shall
243be under the same general terms and conditions as the department
244is insured for its responsibilities under chapter 284.
245     (9)  DEPARTMENT PROGRAM STAFF DEFINED.-As used in this
246section, the term "department program staff" means supervisory
247and direct care staff of a delinquency program as well as
248support staff who have direct contact with children in a
249delinquency program that is owned and operated by the department
250The Juvenile Justice Standards and Training Commission is
251terminated on June 30, 2001, and such termination shall be
252reviewed by the Legislature prior to that date.
253     Section 2.  Subsection (8) of section 985.48, Florida
254Statutes, is amended to read:
255     985.48  Juvenile sexual offender commitment programs;
256sexual abuse intervention networks.-
257     (8)  The department Juvenile Justice Standards and Training
258Commission shall establish criteria for training all contract
259and department staff or provide a special training program for
260contract and department staff to effectively manage and provide
261services and treatment to a juvenile sexual offender in a
262juvenile sexual offender program.
263     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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