Florida Senate - 2009 SB 1548
By Senator Joyner
18-01578-09 20091548__
1 A bill to be entitled
2 An act relating to retail-theft diversion programs;
3 amending s. 812.014, F.S.; requiring a law enforcement
4 officer who has probable cause to believe that a
5 defendant has committed retail theft to issue a notice
6 to appear in lieu of arresting the defendant under
7 certain circumstances; authorizing a state attorney to
8 establish a retail-theft diversion program for the
9 purpose of diverting defendants from criminal
10 prosecution if the defendant meets certain criteria;
11 providing eligibility criteria for participating in a
12 retail-theft diversion program; requiring the state
13 attorney to mail a notice to appear to a defendant
14 upon referral to a diversion program; setting forth
15 the conditions that each participant in the retail
16 theft diversion program must complete; providing that
17 a defendant may be prosecuted for the retail theft if
18 all conditions in the diversion program are not
19 fulfilled; authorizing a state attorney to collect a
20 fee from each participant in the program; setting a
21 limit on the fee for each defendant; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraphs (e) and (f) are added to subsection
27 (3) of section 812.014, Florida Statutes, to read:
28 812.014 Theft.—
29 (3)
30 (e) If a law enforcement officer has probable cause to
31 believe that a defendant has committed retail theft as defined
32 in s. 812.015(1), the officer shall issue a notice to appear in
33 lieu of arresting the defendant if the aggregate value of the
34 merchandise stolen is less than $300 and the defendant has no
35 previous criminal or juvenile convictions.
36 (f) A state attorney may establish a retail-theft diversion
37 program in the state attorney's office or by using an
38 independent contractor for the purpose of diverting from
39 prosecution defendants who meet the criteria set forth in
40 paragraph (e). However, establishing and operating a diversion
41 program does not affect the authority of the state attorney to
42 prosecute any defendant for committing retail theft.
43 1. Upon receipt of a complaint or notice to appear alleging
44 the crime of retail theft, a state attorney who operates a
45 retail-theft diversion program shall determine whether the
46 defendant is appropriate for referral to the retail-theft
47 diversion program. In making such determination, the state
48 attorney shall consider:
49 a. The value of the merchandise stolen in the retail theft;
50 b. The existence of other pending complaints or criminal
51 charges against the defendant; and
52 c. The strength of the evidence of the retail theft.
53 2. Upon referral of the defendant to the retail-theft
54 diversion program, the state attorney shall mail a copy of the
55 notice to appear to the defendant. The notice must contain all
56 of the following:
57 a. The date and location of the alleged retail-theft
58 offense.
59 b. The date before which the defendant must contact the
60 retail-theft diversion program office concerning the notice to
61 appear.
62 c. A statement of the maximum penalty for the retail-theft
63 offense.
64 3. If the state attorney permits the defendant to enter the
65 retail-theft diversion program, the state attorney shall enter
66 into a written agreement with the defendant to divert him or her
67 from prosecution for retail theft. The diversion agreement must
68 include all of the following conditions, which must be accepted
69 by the defendant:
70 a. Attendance and proof of completion of a program designed
71 to assist, educate, and prevent future unlawful conduct by the
72 defendant;
73 b. Full restitution, if any is established, of the value of
74 the retail theft;
75 c. Full payment of fees due under subparagraph 5.; and
76 d. A knowing and intelligent waiver of the defendant's
77 right to a speedy trial for the period of his or her diversion.
78 4. Any defendant who does not fulfill all conditions in the
79 diversion program may be prosecuted for the crime of retail
80 theft.
81 5. To fund the retail-theft diversion program, the state
82 attorney may collect a fee from each participating defendant.
83 The fee for each defendant may not exceed:
84 a. Twenty-five dollars, if the value of the stolen
85 merchandise does not exceed $50.
86 b. Thirty dollars, if the value of the stolen merchandise
87 is more than $50 but does not exceed $100.
88 c. Forty dollars, if the value of the stolen merchandise is
89 more than $100 but does not exceed $300.
90 Section 2. This act shall take effect July 1, 2009.