Juvenile Detention Costs
SB 1532 (Sen. Bradley) / HB 5305 (Justice Appropriations/McBurney)
- Summary: Amends s. 985.686, F.S., related to the financial obligation of the counties and state for juvenile detention care by moving to a reimbursement based model where participating counties and the state would equally share 50% of the actual costs of detention care; state pays 100% of the actual costs for fiscally constrained and out of state youth and counties retain the ability to opt out of the state system.
- HB 5305 provides a repayment schedule to all participating counties for overpayments in FY08-09 through FY12-13; SB 1532 does not.
- Status: HOUSE: HB5305 passed the full House by a vote of 100-11 and was sent to Senate with the request that it be taken up in conference. SENATE: This week in Community Affairs, Senator Latvala withdrew his amendment providing for a 10 year repayment schedule so that SB1532 would be heard. FAC President Bryan Desloge testified in support of the bill but also encouraged the Senate to take the House position which provides a repayment schedule; the bill passed unanimously. On Thursday, the Senate did not take up HB5305 as a conference issue. SB1532 is now in Appropriations but has not been calendared.
HB 7055 (Rep. Pilon) and SB 700 (Sen. Bradley)
- Summary: Allows a child who has been detained to be transferred to the detention center or facility in the circuit in which the child resides; requires the court to hold a hearing if a child is charged with direct contempt of court and to afford the child due process at such hearing; requires that a child taken into custody and placed into secure or nonsecure detention care be given a hearing within a certain timeframe.
- Status: HOUSE: Passed unanimously out of Judiciary and is headed to the floor. Unanimously passed out of SENATE Criminal Justice Appropriations and is now in Appropriations – its last committee of reference.
Juvenile Civil Citations
HB 95 (Rep. Clarke-Reed) and SB 210 (Sen. Gibson)
- Summary: Requires that law enforcement officers, upon making contact with juvenile who admits having committed misdemeanor, issue civil citation in certain circumstances.
- Status: Neither bill has been calendared.
Juvenile Justice Education Programs
HB 173 (Rep. Adkins) and SB 598 (Sen. Bean)
- Summary: Revises requirements for multiagency education plan for students in juvenile justice education programs; revises requirements effective education programs for youth in DJJ programs; revises contract and cooperative agreement requirements for delivery of appropriate education services to youth in DJJ programs; revises requirements for activities to be coordinated by coordinators for juvenile justice education programs; requires that educational program shall be based on each youth's reentry plan and assessed needs; provides requirements for prevention and day-treatment juvenile justice education programs; requires progress monitoring plans for all non-exceptional student students; requires that DOE, in partnership with DJJ, ensure that school districts and juvenile justice education providers develop educational transition plans; requires DOE to establish student performance measures and program performance ratings; requires comprehensive accountability and school improvement process; provides requirements for such process.
- Status: HOUSE: Unanimously passed out of the House (117-0) and is in messages.
SENATE: Unanimously passed out of Criminal Justice and is in Education Appropriations subcommittee.
HB 53 (Reps. Stone, Baxley) and SB 274 (Sen. Simmons)
- Summary: Waives fee for identification cards issued to certain inmates; requires waiver of fees for certain inmates receiving copy of birth certificate; requires DOC to work with other agencies in acquiring necessary documents for certain inmates to acquire identification card before release; provides exceptions; requires DOC to provide specified assistance to inmates born outside state; authorizes DOC to operate male and female faith- and character-based institutions.
- Status: HOUSE: Passed all three of its committees of reference and is on second reading in the House. SENATE: Unanimously passed Appropriations committee and is headed to the floor. Florida Smart Justice Alliance priority with broad support.
Prescription Drug Monitoring Program
SB 862 (Sen. Bean) and HB 1381 (Rep. Davis)
- Summary: Seeks to overhaul safety provisions related to the State Prescription Drug Monitoring Program database and provide a recurring funding source for the program. The bill places further restrictions on persons who may access the database, including local and national background checks and provides for criminal penalties for failing to report to the database. The bill also requires law enforcement to obtain a court order before they are given access to the database after thousands of people’s private medical information was released to the public during a criminal case last year. Allows the Department of Health to receive up to $500,000 from the Medical Quality Assurance Trust Fund to cover costs of the program. HOUSE version does not provide for funding.
- Status: SENATE: The PCB passed by 7-2 vote and filed as SB862. The bill was finally heard in Judiciary after a strike-all was agreed to that removed the provision requiring law enforcement to obtain a court order before gaining access to the database. The strike-all incorporates a “user agreement” requirement that is meant to provide further restrictions to access to the database but allowing law enforcement to obtain information if they have probable cause to believe such investigation will lead to criminal charges. The strike-all was adopted and the bill passed unanimously. HOUSE: Passed Health Quality and is going to Health Care Appropriations.
Controlled Substances (Synthetic Drugs)
HB 697(Rep. Ingram) and SB 780 (Sen. Bradley)
- Summary: Outlaws new synthetic drug formulas on the controlled substances schedule.
- Status: HOUSE: Unanimously passed out of Judiciary and is on Special Order calendar. SENATE: Unanimously passed Criminal Justice and is headed to last committee stop in Appropriations.
Regulation of Knives and Weapons
SB 458 (Sen. Altman)
- Summary: Creates the "Uniform Knife and Weapons Act"; prohibits state agencies and political subdivisions from regulating knives and weapons; provides that certain rules or ordinances of a state agency or political subdivision regulating knives or weapons are void; authorizes civil actions against a state agency or political subdivision that enacts or fails to repeal a prohibited rule or ordinance; provides for the termination of employment or removal from office of a person in violation of the act.
- Status: The bill has not been calendared and has no House companion.
HB 4005 (Rep. Gaetz) and SB 314 (Sen. Brandes)
- Summary: Repeals provisions relating to testing and approval of sparklers and registration of manufacturers, distributors, wholesalers, and retailers of sparklers; repeals provisions relating to sale and use of fireworks; repeals provisions relating to bond of licensees; conforms provisions and maintains local regulation of same.
- Status: HOUSE: Was TP’d in Insurance and Banking committee and has not been re-calendared. SENATE: Passed the Commerce and Tourism committee 7-4 and is now in Regulated Industries, its last committee of reference.
Emergency Management (Special Needs Registry)
HB 709 (Rep. Hudson) and SB 840 (Sen. Richter)
- Summary: Requires the Division of Emergency Management (DEM) to develop and maintain a Special Needs Shelter registration program. The registration program must include a uniform electronic registration form and a database for uploading and storing the registration forms. The link to the registration form must be easily accessible on each local emergency management agency’s website. Registration information must be accessible to the local emergency management agency responsible for providing shelter.
- Status: HB 709 in last of three committees. SB 840 passed out of Health Policy. Currently, local emergency management agencies are required to maintain a registry of persons with special needs. These registries are developed locally and reflect local needs and conditions. Counties, therefore, have resisted a central registration system.