The rule requiring diversion programs to submit data to the Department is amended.

 

DEPARTMENT OF JUVENILE JUSTICE

Division of Administration

RULE NO.:RULE TITLE:

63F-13.002Submitting Diversion Data

PURPOSE AND EFFECT: The rule requiring diversion programs to submit data to the Department is amended.

SUMMARY: The amendment allows for direct entry of diversion data into the Juvenile Justice Information System Prevention Web.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 985.126, FS.

LAW IMPLEMENTED: 985.126, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, July 20, 2020, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63F-13.002 Submitting Diversion Data.

(1) Each diversion program shall enter submit quarterly to the Department’s Director of Research and Data Integrity, a data spreadsheet in excel format with the following information into the Juvenile Justice Information System Prevention Web on each participating youth within 7 days of the youth’s admission to the program:

(a) Identifying information, including the referred youth’s name, address, race, ethnicity, gender and date of birth;

(b) Referred offense, including the statute establishing the offense, and the degree;

(c) Judicial circuit and county where the offense was committed;

(d) Law enforcement agency that had contact with the youth;

(e) Parent/Guardian contact information including name/address/telephone; and

(f) Youth’s School status and information as applicable such as: School Name/Grade.

(2) Each law enforcement agency shall submit the diversion, pre-arrest diversion or civil citation affidavit to their local processing entity such as Juvenile Assessment Center/Screening Unit for data input into the Juvenile Justice Information System Prevention Web. The form submitted must include the following information on each eligible youth at the time the youth is referred to the department, arrested or issued a notice to appear:

(a) All of the information in subsection (1) above;

(b) Whether the youth was offered the opportunity to participate in a pre-arrest diversion program. If the youth was not offered participation, designation of one of the following reasons why the otherwise eligible youth was not given a diversion option:

1. through 16. No change.

Rulemaking Authority 985.64, 985.126(6) FS. Law Implemented 985.126 FS. History–New 1-16-19, Amended--__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sherry Jackson, Director, Department of Juvenile Justice Office of Research and Data Integrity

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2019