CS for CS for SB 1392                            First Engrossed
       
       
       
       
       
       
       
       
       20181392e1
       
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         20.315, F.S.; requiring the Department of Corrections
    4         to include information in its annual report on inmate
    5         admission based on offense type and recidivism rate;
    6         creating s. 900.05, F.S.; providing legislative
    7         intent; declaring an important state interest;
    8         providing definitions; requiring specified entities to
    9         collect and periodically transmit specific data to the
   10         Department of Law Enforcement; requiring the
   11         department to compile, maintain, and make publicly
   12         accessible such data; providing sanctions for
   13         noncompliance by an entity required to collect and
   14         transmit data; creating s. 901.41, F.S.; providing
   15         legislative intent; encouraging local communities and
   16         public or private educational institutions to
   17         implement prearrest diversion programs for certain
   18         offenders; encouraging prearrest diversion programs to
   19         share information with other prearrest diversion
   20         programs; authorizing law enforcement officers, at
   21         their sole discretion, to issue a civil citation or
   22         similar prearrest diversion program notice under
   23         specified circumstances to adults who commit certain
   24         misdemeanor offenses; requiring an adult who receives
   25         a civil citation or similar prearrest diversion
   26         program notice to report for intake as required by the
   27         prearrest diversion program; requiring that the
   28         prearrest diversion program provide specified services
   29         to adults who participate, as appropriate; requiring
   30         that an adult who is issued a civil citation or
   31         similar prearrest diversion program notice fulfill a
   32         community service requirement; requiring the adult to
   33         pay restitution to a victim; requiring law enforcement
   34         officers to determine whether there is good cause to
   35         arrest participants who do not successfully complete a
   36         prearrest diversion program and, if so, to refer the
   37         case to the state attorney, or, in the absence of good
   38         cause, to allow the participant to continue in the
   39         program; requiring representatives of specified
   40         entities to create the prearrest diversion program;
   41         requiring the entities to develop policies and
   42         procedures for the development and operation of the
   43         program, including designation of the misdemeanor
   44         offenses that qualify persons for participation, and
   45         to solicit input from other interested stakeholders;
   46         authorizing specified entities to operate programs;
   47         requiring prearrest diversion program operators to
   48         electronically provide participants’ personal
   49         identifying information to the clerk of the circuit
   50         court; specifying requirements for the clerks’
   51         handling and maintenance of certain information;
   52         requiring that a portion of any participation fee go
   53         to the appropriate clerk of the circuit court;
   54         requiring fees received by the clerks of the circuit
   55         court to be deposited in a certain fund; providing
   56         applicability; specifying that certain offenses are
   57         ineligible for such programs; amending s. 907.043,
   58         F.S.; requiring each pretrial release program to
   59         include in its annual report the types of criminal
   60         charges of defendants accepted into a pretrial release
   61         program, the number of defendants accepted into a
   62         pretrial release program who paid a bail or bond, the
   63         number of defendants accepted into a pretrial release
   64         program with no prior criminal conviction, and the
   65         number of defendants for whom a pretrial risk
   66         assessment tool was used or was not; amending s.
   67         921.0024, F.S.; requiring scoresheets prepared for all
   68         criminal defendants to be digitized; requiring the
   69         Department of Corrections to develop and submit
   70         revised digitized scoresheets to the Supreme Court for
   71         approval; requiring digitized scoresheets to include
   72         individual data cells for each field on the
   73         scoresheet; requiring the clerk of court to
   74         electronically transmit the digitized scoresheet used
   75         in each sentencing proceeding to the department;
   76         amending s. 943.0582, F.S.; requiring, rather than
   77         authorizing, the Department of Law Enforcement to
   78         adopt rules for the expunction of certain nonjudicial
   79         records of the arrest of a minor upon successful
   80         completion by the minor of certain diversion programs;
   81         providing and revising definitions; revising the
   82         circumstances under which the department must expunge
   83         certain nonjudicial arrest records; deleting the
   84         department’s authority to charge a processing fee for
   85         the expunction; creating s. 943.687, F.S.; requiring
   86         the Department of Law Enforcement to collect, compile,
   87         maintain, and manage data collected pursuant to s.
   88         900.05, F.S.; requiring the department to make data
   89         comparable, transferable, and readily usable;
   90         requiring an Internet-based database; providing
   91         requirements for data searchability and sharing;
   92         requiring monitoring of data collection procedures;
   93         providing for data archiving, editing, and retrieval;
   94         creating s. 945.041, F.S.; requiring the Department of
   95         Corrections to publish quarterly on its website inmate
   96         admissions based on offense type and recidivism rate;
   97         amending s. 985.12, F.S.; providing legislative
   98         findings and intent; deleting provisions establishing
   99         a juvenile civil citation process with a certain
  100         purpose; establishing a civil citation or similar
  101         prearrest diversion program in each judicial circuit,
  102         rather than at the local level, with the concurrence
  103         of specified persons; requiring that the state
  104         attorney and public defender of each circuit, the
  105         clerk of the court for each county in the circuit, and
  106         representatives of participating law enforcement
  107         agencies create a civil citation or similar prearrest
  108         diversion program and develop its policies and
  109         procedures; authorizing such entities to solicit
  110         stakeholders for input in developing the program’s
  111         policies and procedures; requiring the Department of
  112         Juvenile Justice to annually develop and provide
  113         guidelines on civil citation or similar prearrest
  114         diversion programs to the judicial circuits; providing
  115         requirements for the civil citation or similar
  116         prearrest diversion program; requiring the state
  117         attorney of each judicial circuit to operate the civil
  118         citation or similar prearrest diversion program;
  119         providing an exception; providing construction;
  120         requiring the arresting law enforcement officer to
  121         make a determination if a juvenile does not
  122         successfully complete the civil citation or similar
  123         prearrest diversion program; deleting provisions
  124         relating to the operation of and requirements for a
  125         civil citation or similar prearrest diversion program;
  126         requiring that a copy of each civil citation or
  127         similar prearrest diversion program notice be provided
  128         to the Department of Juvenile Justice; conforming
  129         provisions to changes made by the act; deleting
  130         provisions relating to requirements for a civil
  131         citation or similar prearrest diversion program;
  132         amending s. 985.125, F.S.; conforming a provision to
  133         changes made by the act; amending s. 985.145, F.S.;
  134         requiring the department to enter information
  135         pertaining to a first-time misdemeanor offense into
  136         Prevention Web until formal charges are filed;
  137         requiring the department to retain records of a first
  138         time misdemeanor offense in Prevention Web if formal
  139         charges are not filed; creating s. 985.126, F.S.;
  140         defining the term “diversion program”; requiring a
  141         diversion program to submit to the department
  142         specified data relating to diversion programs;
  143         requiring a law enforcement agency to submit to the
  144         department specified data about diversion programs;
  145         requiring the department to compile and publish the
  146         data in a specified manner; authorizing a minor under
  147         certain circumstances to deny or fail to acknowledge
  148         his or her expunction of a certain nonjudicial arrest
  149         record unless an exception applies; requiring the
  150         department to adopt rules; creating a pilot project in
  151         a specified judicial circuit to improve criminal
  152         justice data transparency and ensure data submitted
  153         under s. 900.05, F.S., is accurate, valid, reliable,
  154         and structured; permitting a memorandum of
  155         understanding with a national, nonpartisan, not-for
  156         profit foundation meeting certain criteria for the
  157         purpose of embedding a data fellow in the office or
  158         agency; establishing data fellow duties and
  159         responsibilities; providing for the expiration of the
  160         pilot project; providing appropriations; providing an
  161         effective date.
  162          
  163  Be It Enacted by the Legislature of the State of Florida:
  164  
  165         Section 1. Subsection (5) of section 20.315, Florida
  166  Statutes, is amended to read:
  167         20.315 Department of Corrections.—There is created a
  168  Department of Corrections.
  169         (5) ANNUAL REPORTING.—The department shall report annually
  170  to the Governor, the President of the Senate, and the Speaker of
  171  the House of Representatives recounting its activities and
  172  making recommendations for improvements to the performance of
  173  the department. The annual report shall include information
  174  published under s. 945.041.
  175         Section 2. Section 900.05, Florida Statutes, is created to
  176  read:
  177         900.05 Criminal justice data collection.—
  178         (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of
  179  the Legislature to create a model of uniform criminal justice
  180  data collection by requiring local and state criminal justice
  181  agencies to report complete, accurate, and timely data, and
  182  making such data available to the public. The Legislature finds
  183  that it is an important state interest to implement a uniform
  184  data collection process and promote criminal justice data
  185  transparency.
  186         (2) DEFINITIONS.—As used in this section, the term:
  187         (a) “Annual felony caseload” means the yearly caseload of
  188  each full-time state attorney and assistant state attorney or
  189  public defender and assistant public defender for cases assigned
  190  to the circuit criminal division, based on the number of felony
  191  cases reported to the Supreme Court under s. 25.075. The term
  192  does not include the appellate caseload of a public defender or
  193  assistant public defender. Cases reported pursuant to this term
  194  must be associated with a case number and each case number must
  195  only be reported once regardless of the number of attorney
  196  assignments that occur during the course of litigation.
  197         (b) “Annual misdemeanor caseload” means the yearly caseload
  198  of each full-time state attorney and assistant state attorney or
  199  public defender and assistant public defender for cases assigned
  200  to the county criminal division, based on the number of
  201  misdemeanor cases reported to the Supreme Court under s. 25.075.
  202  The term does not include the appellate caseload of a public
  203  defender or assistant public defender. Cases reported pursuant
  204  to this term must be associated with a case number and each case
  205  number must only be reported once regardless of the number of
  206  attorney assignments that occur during the course of litigation.
  207         (c) “Attorney assignment date” means the date a court
  208  appointed attorney is assigned to the case or, if privately
  209  retained, the date an attorney files a notice of appearance with
  210  the clerk of court.
  211         (d) “Attorney withdrawal date” means the date the court
  212  removes court-appointed counsel from a case or, for a privately
  213  retained attorney, the date a motion to withdraw is granted by
  214  the court.
  215         (e) “Case number” means the identification number assigned
  216  by the clerk of court to a criminal case.
  217         (f) “Case status” means whether a case is open, inactive,
  218  closed, or reopened due to a violation of probation or community
  219  control.
  220         (g) “Charge description” means the statement of the conduct
  221  that is alleged to have been violated, the associated statutory
  222  section establishing such conduct as criminal, and the
  223  misdemeanor or felony classification that is provided for in the
  224  statutory section alleged to have been violated.
  225         (h) “Charge modifier” means an aggravating circumstance of
  226  an alleged crime that enhances or reclassifies a charge to a
  227  more serious misdemeanor or felony offense level.
  228         (i) “Concurrent or consecutive sentence flag” means an
  229  indication that a defendant is serving another sentence
  230  concurrently or consecutively in addition to the sentence for
  231  which data is being reported.
  232         (j) “Daily number of correctional officers” means the
  233  number of full-time, part-time, and auxiliary correctional
  234  officers who are actively providing supervision, protection,
  235  care, custody, and control of inmates in a county detention
  236  facility or state correctional institution or facility each day.
  237         (k) “Defense attorney type” means whether the attorney is a
  238  public defender, regional conflict counsel, or other counsel
  239  court-appointed for the defendant; the attorney is privately
  240  retained by the defendant; or the defendant is represented pro
  241  se.
  242         (l) “Deferred prosecution or pretrial diversion agreement
  243  date” means the date a contract is signed by the parties
  244  regarding a defendant’s admission into a deferred prosecution or
  245  pretrial diversion program.
  246         (m) “Deferred prosecution or pretrial diversion hearing
  247  date” means each date that a hearing, including a status
  248  hearing, is held on a case that is in a deferred prosecution or
  249  pretrial diversion program, if applicable.
  250         (n) “Disciplinary violation and action” means any conduct
  251  performed by an inmate in violation of the rules of a county
  252  detention facility or state correctional institution or facility
  253  that results in the initiation of disciplinary proceedings by
  254  the custodial entity and the consequences of such disciplinary
  255  proceedings.
  256         (o) “Disposition date” means the date of final judgment,
  257  adjudication, adjudication withheld, dismissal, or nolle
  258  prosequi for the case and if different dates apply, the
  259  disposition dates of each charge.
  260         (p) “Domestic violence flag” means an indication that a
  261  charge involves domestic violence as defined in s. 741.28.
  262         (q) “Gang affiliation flag” means an indication that a
  263  defendant is involved in or associated with a criminal gang as
  264  defined in s. 874.03.
  265         (r) “Gain-time credit earned” means a credit of time
  266  awarded to an inmate in a county detention facility in
  267  accordance with s. 951.22 or a state correctional institution or
  268  facility in accordance with s. 944.275.
  269         (s) “Habitual offender flag” means an indication that a
  270  defendant is a habitual felony offender as defined in s. 775.084
  271  or a habitual misdemeanor offender as defined in s. 775.0837.
  272         (t) “Judicial transfer date” means a date on which a
  273  defendant’s case is transferred to another court or presiding
  274  judge.
  275         (u) “Number of contract attorneys representing indigent
  276  defendants for the office of the public defender” means the
  277  number of attorneys hired on a temporary basis, by contract, to
  278  represent indigent clients who were appointed a public defender.
  279         (v) “Pretrial release violation flag” means an indication
  280  that the defendant has violated the terms of his or her pretrial
  281  release.
  282         (w) “Prior incarceration within the state” means any prior
  283  history of a defendant being incarcerated in a county detention
  284  facility or state correctional institution or facility.
  285         (x) “Tentative release date” means the anticipated date
  286  that an inmate will be released from incarceration after the
  287  application of adjustments for any gain-time earned or credit
  288  for time served.
  289         (y) “Sexual offender flag” means an indication that a
  290  defendant required to register as a sexual predator as defined
  291  in s. 775.21 or as a sexual offender as defined in s. 943.0435.
  292         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
  293  2019, an entity required to collect data in accordance with this
  294  subsection shall collect the specified data required of the
  295  entity on a biweekly basis. Each entity shall report the data
  296  collected in accordance with this subsection to the Department
  297  of Law Enforcement on a monthly basis.
  298         (a) Clerk of the court.—Each clerk of court shall collect
  299  the following data for each criminal case:
  300         1. Case number.
  301         2. Date that the alleged offense occurred.
  302         3. County in which the offense is alleged to have occurred.
  303         4. Date the defendant is taken into physical custody by a
  304  law enforcement agency or is issued a notice to appear on a
  305  criminal charge, if such date is different from the date the
  306  offense is alleged to have occurred.
  307         5. Date that the criminal prosecution of a defendant is
  308  formally initiated through the filing, with the clerk of the
  309  court, of an information by the state attorney or an indictment
  310  issued by a grand jury.
  311         6. Arraignment date.
  312         7. Attorney assignment date.
  313         8. Attorney withdrawal date.
  314         9. Case status.
  315         10. Disposition date.
  316         11. Information related to each defendant, including:
  317         a. Identifying information, including name, date of birth,
  318  age, race or ethnicity, and gender.
  319         b. Zip code of primary residence.
  320         c. Primary language.
  321         d. Citizenship.
  322         e. Immigration status, if applicable.
  323         f. Whether the defendant has been found by a court to be
  324  indigent pursuant to s. 27.52.
  325         12. Information related to the formal charges filed against
  326  the defendant, including:
  327         a. Charge description.
  328         b. Charge modifier, if applicable.
  329         c. Drug type for each drug charge, if known.
  330         d. Qualification for a flag designation as defined in this
  331  section, including a domestic violence flag, gang affiliation
  332  flag, sexual offender flag, habitual offender flag, or pretrial
  333  release violation flag.
  334         13. Information related to bail or bond and pretrial
  335  release determinations, including the dates of any such
  336  determinations:
  337         a. Pretrial release determination made at a first
  338  appearance hearing that occurs within 24 hours of arrest,
  339  including all monetary and nonmonetary conditions of release.
  340         b. Modification of bail or bond conditions made by a court
  341  having jurisdiction to try the defendant or, in the absence of
  342  the judge of the trial court, by the circuit court, including
  343  modifications to any monetary and nonmonetary conditions of
  344  release.
  345         c. Cash bail or bond payment, including whether the
  346  defendant utilized a bond agent to post a surety bond.
  347         d. Date defendant is released on bail, bond, or pretrial
  348  release.
  349         e. Bail or bond revocation due to a new offense, a failure
  350  to appear, or a violation of the terms of bail or bond, if
  351  applicable.
  352         14. Information related to court dates and dates of motions
  353  and appearances, including:
  354         a. Date of any court appearance and the type of proceeding
  355  scheduled for each date reported.
  356         b. Date of any failure to appear in court, if applicable.
  357         c. Judicial transfer date, if applicable.
  358         d. Trial date.
  359         e. Date that a defendant files a notice to participate in
  360  discovery.
  361         f. Speedy trial motion and hearing dates, if applicable.
  362         g. Dismissal motion and hearing dates, if applicable.
  363         15. Defense attorney type.
  364         16. Information related to sentencing, including:
  365         a. Date that a court enters a sentence against a defendant.
  366         b. Charge sentenced to, including charge sequence number,
  367  charge description, statute, type, and charge class severity.
  368         c. Sentence type and length imposed by the court,
  369  including, but not limited to, the total duration of
  370  imprisonment in a county detention facility or state
  371  correctional institution or facility, and conditions probation
  372  or community control supervision.
  373         d. Amount of time served in custody by the defendant
  374  related to the reported criminal case that is credited at the
  375  time of disposition of the case to reduce the actual length of
  376  time the defendant will serve on the term of imprisonment that
  377  is ordered by the court at disposition.
  378         e. Total amount of court fees imposed by the court at the
  379  disposition of the case.
  380         f. Outstanding balance of the defendant’s court fees
  381  imposed by the court at disposition of the case.
  382         g. Total amount of fines imposed by the court at the
  383  disposition of the case.
  384         h. Outstanding balance of the defendant’s fines imposed by
  385  the court at disposition of the case.
  386         i. Restitution amount ordered, including the amount
  387  collected by the court and the amount paid to the victim, if
  388  applicable.
  389         j. Digitized sentencing scoresheet prepared in accordance
  390  with s. 921.0024.
  391         17. The number of judges or magistrates, or their
  392  equivalents, hearing cases in circuit or county criminal
  393  divisions of the circuit court. Judges or magistrates, or their
  394  equivalents, who solely hear appellate cases from the county
  395  criminal division are not to be reported under this
  396  subparagraph.
  397         (b) State attorney.—Each state attorney shall collect the
  398  following data:
  399         1. Information related to a human victim of a criminal
  400  offense, including:
  401         a. Identifying information of the victim, including race or
  402  ethnicity, gender, and age.
  403         b. Relationship to the offender, if any.
  404         2. Number of full-time prosecutors.
  405         3. Number of part-time prosecutors.
  406         4. Annual felony caseload.
  407         5. Annual misdemeanor caseload.
  408         6. Any charge referred to the state attorney by a law
  409  enforcement agency related to an episode of criminal activity.
  410         7. Number of cases in which a no-information was filed.
  411         8. Information related to each defendant, including:
  412         a. Each charge referred to the state attorney by a law
  413  enforcement agency related to an episode of criminal activity.
  414         b. Drug type for each drug charge, if applicable.
  415         (c) Public defender.—Each public defender shall collect the
  416  following data for each criminal case:
  417         1. Number of full-time public defenders.
  418         2. Number of part-time public defenders.
  419         3. Number of contract attorneys representing indigent
  420  defendants for the office of the public defender.
  421         4. Annual felony caseload.
  422         5. Annual misdemeanor caseload.
  423         (d) County detention facility.—The administrator of each
  424  county detention facility shall collect the following data:
  425         1. Maximum capacity for the county detention facility.
  426         2. Weekly admissions to the county detention facility for a
  427  revocation of probation or community control.
  428         3. Daily population of the county detention facility,
  429  including the specific number of inmates in the custody of the
  430  county that:
  431         a. Are awaiting case disposition.
  432         b. Have been sentenced by a court to a term of imprisonment
  433  in the county detention facility.
  434         c. Have been sentenced by a court to a term of imprisonment
  435  with the Department of Corrections and who are awaiting
  436  transportation to the department.
  437         d. Have a federal detainer or are awaiting disposition of a
  438  case in federal court.
  439         4. Information related to each inmate, including:
  440         a. Date a defendant is processed into the county detention
  441  facility subsequent to an arrest for a new violation of law or
  442  for a violation of probation or community control.
  443         b. Reason why a defendant is processed into the county
  444  detention facility if it is for a new law violation or a
  445  violation of probation or community control.
  446         c. Qualification for a flag designation as defined in this
  447  section, including domestic violence flag, gang affiliation
  448  flag, habitual offender flag, pretrial release violation flag,
  449  or sexual offender flag.
  450         5. Total population of the county detention facility at
  451  year-end. This data must include the same specified
  452  classifications as subparagraph 3.
  453         6. Per diem rate for a county detention facility bed.
  454         7. Daily number of correctional officers for the county
  455  detention facility.
  456         8. Annual county detention facility budget. This
  457  information only needs to be reported once annually at the
  458  beginning of the county’s fiscal year.
  459         9. Revenue generated for the county from the temporary
  460  incarceration of federal defendants or inmates.
  461         (e) Department of Corrections.—The Department of
  462  Corrections shall collect the following data:
  463         1. Information related to each inmate, including:
  464         a. Identifying information, including name, date of birth,
  465  race or ethnicity, and identification number assigned by the
  466  department.
  467         b. Number of children.
  468         c. Education level, including any vocational training.
  469         d. Date the inmate was admitted to the custody of the
  470  department.
  471         e. Current institution placement and the security level
  472  assigned to the institution.
  473         f. Custody level assignment.
  474         g. Qualification for a flag designation as defined in this
  475  section, including sexual offender flag, habitual offender flag,
  476  gang affiliation flag, or concurrent or consecutive sentence
  477  flag.
  478         h. County that committed the prisoner to the custody of the
  479  department.
  480         i. Whether the reason for admission to the department is
  481  for a new conviction or a violation of probation, community
  482  control, or parole. For an admission for a probation, community
  483  control, or parole violation, the department shall report
  484  whether the violation was technical or based on a new violation
  485  of law.
  486         j. Specific statutory citation for which the inmate was
  487  committed to the department, including, for an inmate convicted
  488  of drug trafficking under s. 893.135, the statutory citation for
  489  each specific drug trafficked.
  490         k. Length of sentence or concurrent or consecutive
  491  sentences served.
  492         l. Tentative release date.
  493         m. Gain time earned in accordance with s. 944.275.
  494         n. Prior incarceration within the state.
  495         o. Disciplinary violation and action.
  496         p. Participation in rehabilitative or educational programs
  497  while in the custody of the department.
  498         2. Information about each state correctional institution or
  499  facility, including:
  500         a. Budget for each state correctional institution or
  501  facility.
  502         b. Daily prison population of all inmates incarcerated in a
  503  state correctional institution or facility.
  504         c. Daily number of correctional officers for each state
  505  correctional institution or facility.
  506         3. Information related to persons supervised by the
  507  department on probation or community control, including:
  508         a. Identifying information for each person supervised by
  509  the department on probation or community control, including his
  510  or her name, date of birth, race or ethnicity, sex, and
  511  department-assigned case number.
  512         b. Length of probation or community control sentence
  513  imposed and amount of time that has been served on such
  514  sentence.
  515         c. Projected termination date for probation or community
  516  control.
  517         d. Revocation of probation or community control due to a
  518  violation, including whether the revocation is due to a
  519  technical violation of the conditions of supervision or from the
  520  commission of a new law violation.
  521         4. Per diem rates for:
  522         a. Prison bed.
  523         b. Probation.
  524         c. Community control.
  525  
  526  This information only needs to be reported once annually at the
  527  time the most recent per diem rate is published.
  528         (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
  529  Department of Law Enforcement shall publish datasets in its
  530  possession in a modern, open, electronic format that is machine
  531  readable and readily accessible by the public on the
  532  department’s website. The published data must be searchable, at
  533  a minimum, by each data element, county, circuit, and unique
  534  identifier. Beginning March 1, 2019, the department shall begin
  535  publishing the data received under subsection (2) in the same
  536  modern, open, electronic format that is machine-readable and
  537  readily accessible to the public on the department’s website.
  538  The department shall publish all data received under subsection
  539  (2) no later than July 1, 2019.
  540         (5) NONCOMPLIANCE.—Notwithstanding any other provision of
  541  law, an entity required to collect and transmit data under
  542  subsection (3)(a) or (3)(d) which does not comply with the
  543  requirements of this section is ineligible to receive funding
  544  from the General Appropriations Act, any state grant program
  545  administered by the Department of Law Enforcement, or any other
  546  state agency for 5 years after the date of noncompliance.
  547         Section 3. Section 901.41, Florida Statutes, is created to
  548  read:
  549         901.41 Prearrest diversion programs.—
  550         (1) LEGISLATIVE INTENT.—The Legislature encourages local
  551  communities and public or private educational institutions to
  552  implement prearrest diversion programs that afford certain
  553  adults who fulfill specified intervention and community service
  554  obligations the opportunity to avoid an arrest record. The
  555  Legislature does not mandate that a particular prearrest
  556  diversion program for adults be adopted, but finds that the
  557  adoption of the model program provided in this section would
  558  allow certain adults to avoid an arrest record while ensuring
  559  that they receive appropriate services and fulfill their
  560  community service obligations. If a prearrest diversion program
  561  is implemented, the program is encouraged to share information
  562  with other prearrest diversion programs.
  563         (2) MODEL PREARREST DIVERSION PROGRAM.—Local communities
  564  and public or private educational institutions may adopt a
  565  prearrest diversion program in which:
  566         (a) Law enforcement officers, at their sole discretion, may
  567  issue a civil citation or similar prearrest diversion program
  568  notice to certain adults who commit a qualifying misdemeanor
  569  offense, as determined by the representatives that develop the
  570  program under subsection (3). A civil citation or similar
  571  prearrest diversion program notice may be issued if the adult
  572  who commits the offense:
  573         1. Admits that he or she committed the offense or does not
  574  contest the offense; and
  575         2. Has not previously been arrested and has not received an
  576  adult civil citation or similar prearrest diversion program
  577  notice, unless the terms of the local adult prearrest diversion
  578  program allow otherwise. The local adult prearrest diversion
  579  program shall establish a limit on the number of times an
  580  eligible adult may participate in the program.
  581         (b) An adult who receives a civil citation or similar
  582  prearrest diversion program notice shall report for intake as
  583  required by the local prearrest diversion program and must be
  584  provided appropriate assessment, intervention, education, and
  585  behavioral health care services by the program. While in the
  586  local prearrest diversion program, the adult shall perform
  587  community service hours as specified by the program. The adult
  588  shall pay restitution due to the victim as a program
  589  requirement. If the adult does not successfully complete the
  590  prearrest diversion program, the law enforcement officer must
  591  determine if there is good cause to arrest the adult for the
  592  original misdemeanor offense and, if so, refer the case to the
  593  state attorney to determine whether prosecution is appropriate
  594  or, in the absence of a finding of good cause, allow the adult
  595  to continue in the program.
  596         (3) PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.—
  597         (a) Representatives of participating law enforcement
  598  agencies, a representative of the program services provider, the
  599  public defender, the state attorney, and the clerk of the
  600  circuit court shall create the prearrest diversion program and
  601  develop its policies and procedures, including, but not limited
  602  to, eligibility criteria, program implementation and operation,
  603  and the determination of the fee, if any, to be paid by adults
  604  participating in the program. In developing the program’s
  605  policies and procedures, which must include the designation of
  606  the misdemeanor offenses that qualify adults for participation
  607  in the program, the representatives must solicit input from
  608  other interested stakeholders. The program may be operated by an
  609  entity such as a law enforcement agency or a county or
  610  municipality, or other entity selected by the county or
  611  municipality.
  612         (b) Upon intake of an adult participating in the prearrest
  613  diversion program, the program operator shall electronically
  614  provide the participant’s personal identifying information to
  615  the clerk of the circuit court for the county in which the
  616  program provides services. Such information is not a court
  617  record, and the clerk of the circuit court shall maintain the
  618  confidentiality of the participant’s personal identifying
  619  information as provided in subsection (5). The clerk of the
  620  circuit court shall maintain such information in a statewide
  621  database, which must provide a single point of access for all
  622  such statewide information. If the program imposes a
  623  participation fee, the clerk of the circuit court must receive a
  624  reasonable portion, to be determined by the stakeholders
  625  creating the program, for receipt and maintenance of the
  626  required information. The fee shall be deposited by the clerk of
  627  the circuit court into the fine and forfeiture fund established
  628  under s. 142.01.
  629         (4) APPLICABILITY.—This section does not preempt a county
  630  or municipality from enacting noncriminal sanctions for a
  631  violation of an ordinance or other violation, and it does not
  632  preempt a county, a municipality, or a public or private
  633  educational institution from creating its own model for a
  634  prearrest diversion program for adults.
  635         (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
  636  of domestic violence, as defined in s. 741.28, or a misdemeanor
  637  under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
  638  s. 784.0487, or s. 784.049 does not qualify for a civil citation
  639  or prearrest diversion program.
  640         Section 4. Paragraph (b) of subsection (4) of section
  641  907.043, Florida Statutes, is amended to read:
  642         907.043 Pretrial release; citizens’ right to know.—
  643         (4)
  644         (b) The annual report must contain, but need not be limited
  645  to:
  646         1. The name, location, and funding sources of the pretrial
  647  release program, including the amount of public funds, if any,
  648  received by the pretrial release program.
  649         2. The operating and capital budget of each pretrial
  650  release program receiving public funds.
  651         3.a. The percentage of the pretrial release program’s total
  652  budget representing receipt of public funds.
  653         b. The percentage of the total budget which is allocated to
  654  assisting defendants obtain release through a nonpublicly funded
  655  program.
  656         c. The amount of fees paid by defendants to the pretrial
  657  release program.
  658         4. The number of persons employed by the pretrial release
  659  program.
  660         5. The number of defendants assessed and interviewed for
  661  pretrial release.
  662         6. The number of defendants recommended for pretrial
  663  release.
  664         7. The number of defendants for whom the pretrial release
  665  program recommended against nonsecured release.
  666         8. The number of defendants granted nonsecured release
  667  after the pretrial release program recommended nonsecured
  668  release.
  669         9. The number of defendants assessed and interviewed for
  670  pretrial release who were declared indigent by the court.
  671         10. The number of defendants accepted into a pretrial
  672  release program who paid a surety or cash bail or bond.
  673         11. The number of defendants for whom a risk assessment
  674  tool was used in determining whether the defendant should be
  675  released pending the disposition of the case and the number of
  676  defendants for whom a risk assessment tool was not used.
  677         12. The specific statutory citation for each criminal
  678  charge related to a defendant whose case is accepted into a
  679  pretrial release program, including, at a minimum, the number of
  680  defendants charged with dangerous crimes as defined in s.
  681  907.041; nonviolent felonies; or misdemeanors only. A
  682  “nonviolent felony” for purposes of this subparagraph excludes
  683  the commission of, an attempt to commit, or a conspiracy to
  684  commit any of the following:
  685         a. An offense enumerated in s. 775.084(1)(c);
  686         b. An offense that requires a person to register as a
  687  sexual predator in accordance with s. 775.21 or as a sexual
  688  offender in accordance with s. 943.0435
  689         c. Failure to register as a sexual predator in violation of
  690  s. 775.21 or as a sexual offender in violation of s. 943.0435;
  691         d. Facilitating or furthering terrorism in violation of s.
  692  775.31;
  693         e. A forcible felony as described in s. 776.08;
  694         f. False imprisonment in violation of s. 787.02;
  695         g. Burglary of a dwelling or residence in violation of s.
  696  810.02(3).
  697         h. Abuse, aggravated abuse, and neglect of an elderly
  698  person or disabled adult in violation of s. 825.102;
  699         i. Abuse, aggravated abuse, and neglect of a child in
  700  violation of s. 827.03; 
  701         j. Poisoning of food or water in violation of s. 859.01;
  702         k. Abuse of a dead human body in violation of s. 872.06;
  703         l. A capital offense in violation of chapter 893;
  704         m. An offense that results in serious bodily injury or
  705  death to another human; or
  706         n. A felony offense in which the defendant used a weapon or
  707  firearm in the commission of the offense.
  708         13. The number of defendants accepted into a pretrial
  709  release program with no prior criminal conviction.
  710         14.10. The name and case number of each person granted
  711  nonsecured release who:
  712         a. Failed to attend a scheduled court appearance.
  713         b. Was issued a warrant for failing to appear.
  714         c. Was arrested for any offense while on release through
  715  the pretrial release program.
  716         15.11. Any additional information deemed necessary by the
  717  governing body to assess the performance and cost efficiency of
  718  the pretrial release program.
  719         Section 5. Subsections (3), (4), (5), (6), and (7) of
  720  section 921.0024, Florida Statutes, are amended to read:
  721         921.0024 Criminal Punishment Code; worksheet computations;
  722  scoresheets.—
  723         (3) A single digitized scoresheet shall be prepared for
  724  each defendant to determine the permissible range for the
  725  sentence that the court may impose, except that if the defendant
  726  is before the court for sentencing for more than one felony and
  727  the felonies were committed under more than one version or
  728  revision of the guidelines or the code, separate digitized
  729  scoresheets must be prepared. The scoresheet or scoresheets must
  730  cover all the defendant’s offenses pending before the court for
  731  sentencing. The state attorney shall prepare the digitized
  732  scoresheet or scoresheets, which must be presented to the
  733  defense counsel for review for accuracy in all cases unless the
  734  judge directs otherwise. The defendant’s scoresheet or
  735  scoresheets must be approved and signed by the sentencing judge.
  736         (4) The Department of Corrections, in consultation with the
  737  Office of the State Courts Administrator, state attorneys, and
  738  public defenders, must develop and submit the revised digitized
  739  Criminal Punishment Code scoresheet to the Supreme Court for
  740  approval by June 15 of each year, as necessary. The digitized
  741  scoresheet shall have individual, structured data cells for each
  742  data field on the scoresheet. Upon the Supreme Court’s approval
  743  of the revised digitized scoresheet, the Department of
  744  Corrections shall produce and provide sufficient copies of the
  745  revised digitized scoresheets by September 30 of each year, as
  746  necessary. Digitized scoresheets must include individual data
  747  cells to indicate item entries for the scoresheet preparer’s use
  748  in indicating whether any prison sentence imposed includes a
  749  mandatory minimum sentence or the sentence imposed was a
  750  downward departure from the lowest permissible sentence under
  751  the Criminal Punishment Code.
  752         (5) The Department of Corrections shall make available
  753  distribute sufficient copies of the digitized Criminal
  754  Punishment Code scoresheets to those persons charged with the
  755  responsibility for preparing scoresheets.
  756         (6) The clerk of the circuit court shall transmit a
  757  complete, and accurate digitized, and legible copy of the
  758  Criminal Punishment Code scoresheet used in each sentencing
  759  proceeding to the Department of Corrections. Scoresheets must be
  760  electronically transmitted no less frequently than monthly, by
  761  the first of each month, and may be sent collectively.
  762         (7) A digitized sentencing scoresheet must be prepared for
  763  every defendant who is sentenced for a felony offense. A copy of
  764  The individual offender’s digitized Criminal Punishment Code
  765  scoresheet and any attachments thereto prepared pursuant to Rule
  766  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
  767  Procedure, or any other rule pertaining to the preparation and
  768  submission of felony sentencing scoresheets, must be included
  769  with attached to the copy of the uniform judgment and sentence
  770  form provided to the Department of Corrections.
  771         Section 6. Section 943.0582, Florida Statutes, is amended
  772  to read:
  773         943.0582 Prearrest, postarrest, or teen court Diversion
  774  program expunction.—
  775         (1) Notwithstanding any law dealing generally with the
  776  preservation and destruction of public records, the department
  777  shall adopt rules to may provide, by rule adopted pursuant to
  778  chapter 120, for the expunction of a any nonjudicial record of
  779  the arrest of a minor who has successfully completed a prearrest
  780  or postarrest diversion program for a misdemeanor offense minors
  781  as authorized by s. 985.125.
  782         (2)(a) As used in this section, the term:
  783         (a) “Diversion program” means a program under s. 985.12, s.
  784  985.125, s. 985.155, or s. 985.16 or a program to which a
  785  referral is made by a state attorney under s. 985.15.
  786         (b) “Expunction” has the same meaning ascribed in and
  787  effect as s. 943.0585, except that:
  788         1. The provisions of s. 943.0585(4)(a) do not apply, except
  789  that the criminal history record of a person whose record is
  790  expunged pursuant to this section shall be made available only
  791  to criminal justice agencies for the purpose of:
  792         a. Determining eligibility for prearrest, postarrest, or
  793  teen court diversion programs;
  794         b.when the record is sought as part of A criminal
  795  investigation; or
  796         c. Making a prosecutorial decision under s. 985.15 when the
  797  subject of the record is a candidate for employment with a
  798  criminal justice agency. For all other purposes, a person whose
  799  record is expunged under this section may lawfully deny or fail
  800  to acknowledge the arrest and the charge covered by the expunged
  801  record.
  802         2. Records maintained by local criminal justice agencies in
  803  the county in which the arrest occurred that are eligible for
  804  expunction pursuant to this section shall be sealed as the term
  805  is used in s. 943.059.
  806         (b) As used in this section, the term “nonviolent
  807  misdemeanor” includes simple assault or battery when prearrest
  808  or postarrest diversion expunction is approved in writing by the
  809  state attorney for the county in which the arrest occurred.
  810         (3) The department shall expunge the nonjudicial arrest
  811  record of a minor who has successfully completed a prearrest or
  812  postarrest diversion program if that minor:
  813         (a) Submits an application for prearrest or postarrest
  814  diversion expunction, on a form prescribed by the department,
  815  signed by the minor’s parent or legal guardian, or by the minor
  816  if he or she has reached the age of majority at the time of
  817  applying.
  818         (b) Submits to the department, with the application, an
  819  official written statement from the state attorney for the
  820  county in which the arrest occurred certifying that he or she
  821  has successfully completed that county’s prearrest or postarrest
  822  diversion program, that his or her participation in the program
  823  was based on an arrest for a nonviolent misdemeanor, and that he
  824  or she has not otherwise been charged by the state attorney
  825  with, or found to have committed, any criminal offense or
  826  comparable ordinance violation.
  827         (c) Participated in a prearrest or postarrest diversion
  828  program that expressly authorizes or permits such expunction.
  829         (d) Participated in a prearrest or postarrest diversion
  830  program based on an arrest for a nonviolent misdemeanor that
  831  would not qualify as an act of domestic violence as that term is
  832  defined in s. 741.28.
  833         (c)(e) Has never been, before filing the application for
  834  expunction, charged by the state attorney with, or found to have
  835  committed, any criminal offense or comparable ordinance
  836  violation.
  837         (4) The department is authorized to charge a $75 processing
  838  fee for each request received for prearrest or postarrest
  839  diversion program expunction, for placement in the Department of
  840  Law Enforcement Operating Trust Fund, unless such fee is waived
  841  by the executive director.
  842         (4)(5) Expunction or sealing granted under this section
  843  does not prevent the minor who receives such relief from
  844  petitioning for the expunction or sealing of a later criminal
  845  history record as provided for in ss. 943.0583, 943.0585, and
  846  943.059, if the minor is otherwise eligible under those
  847  sections.
  848         Section 7. Section 943.687, Florida Statutes, is created to
  849  read:
  850         943.687 Criminal justice data transparency.—In order to
  851  facilitate the availability of comparable and uniform criminal
  852  justice data, the department shall:
  853         (1) Collect, compile, maintain, and manage the data
  854  submitted by local and state entities pursuant to s. 900.05 and
  855  coordinate related activities to collect and submit data. The
  856  department shall create a unique identifier for each criminal
  857  case received from the clerks of court which identifies the
  858  person who is the subject of the criminal case. The unique
  859  identifier must be the same for that person in any court case
  860  and used across local and state entities for all information
  861  related to that person at any time. The unique identifier shall
  862  be randomly created and may not include any portion of the
  863  person’s social security number or date of birth.
  864         (2) Promote criminal justice data sharing by making such
  865  data received under s. 900.05 comparable, transferable, and
  866  readily usable.
  867         (3) Create and maintain an Internet-based database of
  868  criminal justice data received under s. 900.05 in a modern,
  869  open, electronic format that is machine-readable and readily
  870  accessible through an application program interface. The
  871  database shall allow the public to search, at a minimum, by each
  872  data element, county, judicial circuit, or unique identifier.
  873  The department may not require a license or charge a fee to
  874  access or receive information from the database.
  875         (4) Develop written agreements with local, state, and
  876  federal agencies to facilitate criminal justice data sharing.
  877         (5) Establish by rule:
  878         (a) Requirements for the entities subject to the
  879  requirements of s. 900.05 to submit data through an application
  880  program interface.
  881         (b) A data catalog defining data objects, describing data
  882  fields, and detailing the meaning of and options for each data
  883  element reported pursuant to s. 900.05.
  884         (c) How data collected pursuant to s. 900.05 is compiled,
  885  processed, structured, used, or shared. The rule shall provide
  886  for tagging all information associated with each case number and
  887  unique identifier.
  888         (d) Requirements for implementing and monitoring the
  889  Internet-based database under subsection (3).
  890         (e) How information contained in the Internet-based
  891  database under subsection (3) is accessed by the public.
  892         (6) Consult with local, state, and federal criminal justice
  893  agencies and other public and private users of the database
  894  under subsection (3) on the data elements collected under s.
  895  900.05, the use of such data, and adding data elements to be
  896  collected.
  897         (7) Monitor data collection procedures and test data
  898  quality to facilitate the dissemination of accurate, valid,
  899  reliable, and complete criminal justice data.
  900         (8) Develop methods for archiving data, retrieving archived
  901  data, and data editing and verification.
  902         Section 8. Section 945.041, Florida Statutes, is created to
  903  read:
  904         945.041 Reports.—The department shall publish on its
  905  website and make available to the public the following
  906  information, updated on a quarterly basis:
  907         (1) Inmate admissions by offense type. Burglary of dwelling
  908  offenses under s. 810.02(2), (3)(a), and (3)(b) shall be
  909  reported as a separate category from all other property crimes.
  910         (2) The recidivism rate. As used in this subsection, the
  911  term “recidivism” means an inmate’s rearrest, reconviction,
  912  reincarceration, or probation revocation in the state within a
  913  3-year time period following the inmate’s release from
  914  incarceration.
  915         Section 9. Section 985.12, Florida Statutes, is amended to
  916  read:
  917         985.12 Civil citation or similar prearrest diversion
  918  programs.—
  919         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  920  that the creation and implementation of civil citation or
  921  similar prearrest diversion programs at the judicial circuit
  922  level promotes public safety, aids interagency cooperation, and
  923  provides the greatest chance of success for civil citation and
  924  similar prearrest diversion programs. The Legislature further
  925  finds that the widespread use of civil citation and similar
  926  prearrest diversion programs has a positive effect on the
  927  criminal justice system and contributes to an overall reduction
  928  in the crime rate and recidivism in the state. The Legislature
  929  encourages but does not mandate that counties, municipalities,
  930  and public or private educational institutions participate in a
  931  civil citation or similar prearrest diversion program created by
  932  their judicial circuit under this section. There is established
  933  a juvenile civil citation process for the purpose of providing
  934  an efficient and innovative alternative to custody by the
  935  Department of Juvenile Justice for children who commit
  936  nonserious delinquent acts and to ensure swift and appropriate
  937  consequences. The department shall encourage and assist in the
  938  implementation and improvement of civil citation programs or
  939  other similar diversion programs around the state.
  940         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
  941  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION AND OPERATION.—
  942         (a) A The civil citation or similar prearrest diversion
  943  program for misdemeanor offenses shall be established in each
  944  judicial circuit in the state. The at the local level with the
  945  concurrence of the chief judge of the circuit, state attorney
  946  and, public defender of each circuit, the clerk of the court for
  947  each county in the circuit, and representatives of participating
  948  law enforcement agencies in the circuit shall create a civil
  949  citation or similar prearrest diversion program and develop its
  950  policies and procedures. In developing the program’s policies
  951  and procedures, input from other interested stakeholders may be
  952  solicited. The department shall annually develop and provide
  953  guidelines on best practice models for civil citation or similar
  954  prearrest diversion programs to the judicial circuits as a
  955  resource.
  956         (b) Each judicial circuit’s civil citation or similar
  957  prearrest diversion program must specify:
  958         1. The misdemeanor offenses that qualify a juvenile for
  959  participation in the program;
  960         2. The eligibility criteria for the program;
  961         3. The program’s implementation and operation;
  962         4. The program’s requirements, including, but not limited
  963  to, the completion of community service hours, payment of
  964  restitution, if applicable, and intervention services indicated
  965  by a needs assessment of the juvenile, approved by the
  966  department, such as family counseling, urinalysis monitoring,
  967  and substance abuse and mental health treatment services; and
  968         5. A program fee, if any, to be paid by a juvenile
  969  participating in the program. If the program imposes a fee, the
  970  clerk of the court of the applicable county must receive a
  971  reasonable portion of the fee.
  972         (c) The state attorney of each circuit shall operate a
  973  civil citation or similar prearrest diversion program in each
  974  circuit. A sheriff, police department, county, municipality, or
  975  public or private educational institution may continue to
  976  operate an independent civil citation or similar prearrest
  977  diversion program that is in operation as of October 1, 2018, if
  978  the independent program is reviewed by the state attorney of the
  979  applicable circuit and he or she determines that the independent
  980  program is substantially similar to the civil citation or
  981  similar prearrest diversion program developed by the circuit. If
  982  the state attorney determines that the independent program is
  983  not substantially similar to the civil citation or similar
  984  prearrest diversion program developed by the circuit, the
  985  operator of the independent diversion program may revise the
  986  program and the state attorney may conduct an additional review
  987  of the independent program.
  988         (d) A judicial circuit may model an existing sheriff,
  989  police department, county, municipality, or public or private
  990  educational institution’s independent civil citation or similar
  991  prearrest diversion program in developing the civil citation or
  992  similar prearrest diversion program for the circuit.
  993         (e) If a juvenile does not successfully complete the civil
  994  citation or similar prearrest diversion program, the arresting
  995  law enforcement officer shall determine if there is good cause
  996  to arrest the juvenile for the original misdemeanor offense and
  997  refer the case to the state attorney to determine if prosecution
  998  is appropriate or allow the juvenile to continue in the program
  999  and the head of each local law enforcement agency involved. The
 1000  program may be operated by an entity such as a law enforcement
 1001  agency, the department, a juvenile assessment center, the county
 1002  or municipality, or another entity selected by the county or
 1003  municipality. An entity operating the civil citation or similar
 1004  diversion program must do so in consultation and agreement with
 1005  the state attorney and local law enforcement agencies. Under
 1006  such a juvenile civil citation or similar diversion program, a
 1007  law enforcement officer, upon making contact with a juvenile who
 1008  admits having committed a misdemeanor, may choose to issue a
 1009  simple warning or inform the child’s guardian or parent of the
 1010  child’s infraction, or may issue a civil citation or require
 1011  participation in a similar diversion program, and assess up to
 1012  50 community service hours, and require participation in
 1013  intervention services as indicated by an assessment of the needs
 1014  of the juvenile, including family counseling, urinalysis
 1015  monitoring, and substance abuse and mental health treatment
 1016  services.
 1017         (f) A copy of each civil citation or similar prearrest
 1018  diversion program notice issued under this section shall be
 1019  provided to the department, and the department shall enter
 1020  appropriate information into the juvenile offender information
 1021  system. Use of the civil citation or similar diversion program
 1022  is not limited to first-time misdemeanors and may be used in up
 1023  to two subsequent misdemeanors. If an arrest is made, a law
 1024  enforcement officer must provide written documentation as to why
 1025  an arrest was warranted.
 1026         (g) At the conclusion of a juvenile’s civil citation
 1027  program or similar prearrest diversion program, the state
 1028  attorney or operator of the independent program agency operating
 1029  the program shall report the outcome to the department. The
 1030  issuance of a civil citation or similar prearrest diversion
 1031  program notice is not considered a referral to the department.
 1032         (2) The department shall develop guidelines for the civil
 1033  citation program which include intervention services that are
 1034  based upon proven civil citation or similar diversion programs
 1035  within the state.
 1036         (h)(3) Upon issuing such a civil citation or similar
 1037  prearrest diversion program notice, the law enforcement officer
 1038  shall send a copy of to the civil citation or similar prearrest
 1039  diversion program notice to county sheriff, state attorney, the
 1040  appropriate intake office of the department, or the community
 1041  service performance monitor designated by the department, the
 1042  parent or guardian of the child, and to the victim.
 1043         (4) The child shall report to the community service
 1044  performance monitor within 7 working days after the date of
 1045  issuance of the citation. The work assignment shall be
 1046  accomplished at a rate of not less than 5 hours per week. The
 1047  monitor shall advise the intake office immediately upon
 1048  reporting by the child to the monitor, that the child has in
 1049  fact reported and the expected date upon which completion of the
 1050  work assignment will be accomplished.
 1051         (5) If the child fails to report timely for a work
 1052  assignment, complete a work assignment, or comply with assigned
 1053  intervention services within the prescribed time, or if the
 1054  juvenile commits a subsequent misdemeanor, the law enforcement
 1055  officer shall issue a report alleging the child has committed a
 1056  delinquent act, at which point a juvenile probation officer
 1057  shall process the original delinquent act as a referral to the
 1058  department and refer the report to the state attorney for
 1059  review.
 1060         (6) At the time of issuance of the citation by the law
 1061  enforcement officer, such officer shall advise the child that
 1062  the child has the option to refuse the citation and to be
 1063  referred to the intake office of the department. That option may
 1064  be exercised at any time before completion of the work
 1065  assignment.
 1066         Section 10. Subsection (3) of section 985.125, Florida
 1067  Statutes, is amended to read:
 1068         985.125 Prearrest or postarrest diversion programs.—
 1069         (3) The prearrest or postarrest diversion program may, upon
 1070  agreement of the agencies that establish the program, provide
 1071  for the expunction of the nonjudicial arrest record of a minor
 1072  who successfully completes such a program pursuant to s.
 1073  943.0582.
 1074         Section 11. Paragraphs (f), (g), (h), (i), and (j) of
 1075  subsection (1) of section 985.145, Florida Statutes, are
 1076  redesignated as paragraphs (g), (h), (i), (j), and (k),
 1077  respectively, and a new paragraph (f) is added to that
 1078  subsection, to read:
 1079         985.145 Responsibilities of the department during intake;
 1080  screenings and assessments.—
 1081         (1) The department shall serve as the primary case manager
 1082  for the purpose of managing, coordinating, and monitoring the
 1083  services provided to the child. Each program administrator
 1084  within the Department of Children and Families shall cooperate
 1085  with the primary case manager in carrying out the duties and
 1086  responsibilities described in this section. In addition to
 1087  duties specified in other sections and through departmental
 1088  rules, the department shall be responsible for the following:
 1089         (f) Prevention web.—For a child with a first-time
 1090  misdemeanor offense, the department shall enter all related
 1091  information into the Juvenile Justice Information System
 1092  Prevention Web until such time as formal charges are filed. If
 1093  formal charges are not filed, the information shall remain in
 1094  the Juvenile Justice Information System Prevention Web until
 1095  removed pursuant to department policies.
 1096         Section 12. Section 985.126, Florida Statutes, is created
 1097  to read:
 1098         985.126 Diversion programs; data collection; denial of
 1099  participation or expunged record.—
 1100         (1) As used in this section, the term “diversion program”
 1101  has the same meaning as provided in s. 943.0582.
 1102         (2) Upon issuance of documentation requiring a minor to
 1103  participate in a diversion program, before or without an arrest,
 1104  the issuing law enforcement officer shall send a copy of such
 1105  documentation to the entity designated to operate the diversion
 1106  program and to the department, which shall enter such
 1107  information into the Juvenile Justice Information System
 1108  Prevention Web.
 1109         (3)(a) Beginning October 1, 2018, each diversion program
 1110  shall submit data to the department which identifies for each
 1111  minor participating in the diversion program:
 1112         1. The race, ethnicity, gender, and age of that minor.
 1113         2. The offense committed, including the specific law
 1114  establishing the offense.
 1115         3. The judicial circuit and county in which the offense was
 1116  committed and the law enforcement agency that had contact with
 1117  the minor for the offense.
 1118         4. Other demographic information necessary to properly
 1119  register a case into the Juvenile Justice Information System
 1120  Prevention Web, as specified by the department.
 1121         (b) Beginning October 1, 2018, each law enforcement agency
 1122  shall submit to the department data that identifies for each
 1123  minor who was eligible for a diversion program, but was instead
 1124  referred to the department, provided a notice to appear, or
 1125  arrested:
 1126         1. The data required pursuant to paragraph (a).
 1127         2. Whether the minor was offered the opportunity to
 1128  participate in a diversion program. If the minor was:
 1129         a. Not offered such opportunity, the reason such offer was
 1130  not made.
 1131         b. Offered such opportunity, whether the minor or his or
 1132  her parent or legal guardian declined to participate in the
 1133  diversion program.
 1134         (c) The data required pursuant to paragraph (a) shall be
 1135  submitted to the department quarterly.
 1136         (d) The data required pursuant to paragraph (b) shall be
 1137  submitted on or with the arrest affidavit or notice to appear.
 1138         (4) Beginning January 1, 2019, the department shall compile
 1139  and semiannually publish the data required by subsection (3) on
 1140  the department’s website in a format that is, at a minimum,
 1141  sortable by judicial circuit, county, law enforcement agency,
 1142  race, ethnicity, gender, age, and offense committed.
 1143         (5) A minor who successfully completes a diversion program
 1144  for a first-time misdemeanor offense may lawfully deny or fail
 1145  to acknowledge his or her participation in the program and an
 1146  expunction of a nonjudicial arrest record under s. 943.0582,
 1147  unless the inquiry is made by a criminal justice agency, as
 1148  defined in s. 943.045, for a purpose described in s.
 1149  943.0582(2)(b)1.
 1150         (6) The department shall adopt rules to implement this
 1151  section.
 1152         Section 13. A pilot project is established in the Sixth
 1153  Judicial Circuit for the purpose of improving criminal justice
 1154  data transparency and ensuring data submitted under s. 900.05,
 1155  Florida Statutes, is accurate, valid, reliable, and structured.
 1156  The clerk of court, the state attorney, the public defender, or
 1157  a sheriff in the circuit may enter into a memorandum of
 1158  understanding with a national, nonpartisan, not-for-profit
 1159  entity which provides data and measurement for county-level
 1160  criminal justice systems to establish the duties and
 1161  responsibilities of a data fellow, completely funded by the
 1162  entity, to be embedded with the office or agency. The data
 1163  fellow will assist with data extraction, validation, and quality
 1164  and publish such data consistent with the terms of the
 1165  memorandum. The data fellow will assist the office or agency in
 1166  compiling and reporting data pursuant to s. 900.05, Florida
 1167  Statutes, in compliance with rules established by the Department
 1168  of Law Enforcement. The pilot project shall expire pursuant to
 1169  the terms outlined in the memorandum.
 1170         Section 14. For the 2018-2019 fiscal year, nine full-time
 1171  equivalent positions with an associated total salary rate of
 1172  476,163 are authorized and the recurring sum of $665,884 and the
 1173  nonrecurring sum of $1,084,116 are appropriated from the General
 1174  Revenue Fund to the Department of Law Enforcement for the
 1175  purposes of implementing ss. 900.05(4) and 943.687, Florida
 1176  Statutes, transitioning to incident-based crime reporting, and
 1177  collecting and submitting crime statistics that meet the
 1178  requirements of the Federal Bureau of Investigation under the
 1179  National Incident-Based Reporting System.
 1180         Section 15. This act shall take effect July 1, 2018.