| 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 defendant |
| 5 | has committed retail theft to issue a notice to appear in |
| 6 | lieu of arresting the defendant under certain |
| 7 | circumstances; authorizing a state attorney to establish a |
| 8 | retail-theft diversion program for the purpose of |
| 9 | diverting defendants from criminal prosecution if the |
| 10 | defendant meets certain criteria; providing eligibility |
| 11 | criteria for participating in a retail-theft diversion |
| 12 | program; requiring the state attorney to mail notice to |
| 13 | appear to a defendant upon referral to a diversion |
| 14 | program; providing the conditions that each participant in |
| 15 | the retail-theft diversion program must complete; |
| 16 | providing that a defendant may be prosecuted for the |
| 17 | retail theft if all conditions in the diversion program |
| 18 | are not fulfilled; authorizing a state attorney to collect |
| 19 | a fee from each participant in the program; setting a |
| 20 | limit on the fee for each defendant; providing an |
| 21 | effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Paragraphs (e) and (f) are added to subsection |
| 26 | (3) of section 812.014, Florida Statutes, to read: |
| 27 | 812.014 Theft.-- |
| 28 | (3) |
| 29 | (e) If a law enforcement officer has probable cause to |
| 30 | believe that a defendant has committed retail theft as defined |
| 31 | in s. 812.015(1), the officer shall issue a notice to appear in |
| 32 | lieu of arresting the defendant if the aggregate value of the |
| 33 | merchandise stolen is less than $300 and the defendant has no |
| 34 | previous criminal or juvenile convictions. |
| 35 | (f) A state attorney may establish a retail-theft |
| 36 | diversion program in the state attorney's office or by using an |
| 37 | independent contractor for the purpose of diverting from |
| 38 | prosecution defendants who meet the offense criteria in |
| 39 | paragraph (e). However, establishing and operating a diversion |
| 40 | program does not affect the authority of the state attorney to |
| 41 | prosecute any defendant for committing retail theft. |
| 42 | 1. Upon receipt of a complaint or notice to appear |
| 43 | alleging the crime of retail theft, a state attorney who |
| 44 | operates a retail-theft diversion program shall determine |
| 45 | whether the defendant is appropriate for referral to the retail- |
| 46 | theft diversion program. In making such determination, the state |
| 47 | attorney shall consider: |
| 48 | a. The value of the merchandise stolen in the retail |
| 49 | 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 |
| 65 | the retail-theft diversion program, the state attorney shall |
| 66 | enter into a written agreement with the defendant to divert him |
| 67 | or her from prosecution for retail theft. The diversion |
| 68 | agreement must include all of the following conditions, which |
| 69 | must be accepted by the defendant: |
| 70 | a. Attendance and proof of completion of a program |
| 71 | designed to assist, educate, and prevent future unlawful conduct |
| 72 | by the defendant; |
| 73 | b. Full restitution, if any is established, of the value |
| 74 | of the retail theft; and |
| 75 | c. Full payment of fees due under subparagraph 5. |
| 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 |
| 79 | the 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 |
| 89 | is more than $100 but does not exceed $300. |
| 90 | Section 2. This act shall take effect July 1, 2009. |