HB 839

1	A bill to be entitled
2	An act relating to juvenile civil citations; amending s.
3	985.12, F.S.; requiring the creation of a juvenile civil
4	citation program to divert juveniles from secure placement
5	with the Department of Juvenile Justice; requiring that
6	the program be created at the local level by the head of
7	each local law enforcement agency with the concurrence of
8	others; restricting eligibility for the civil citation
9	program to juveniles who have committed no more than two
10	misdemeanor offenses; requiring a law enforcement officer
11	to issue a report if the juvenile has not complied with
12	the requirements of the civil citation program; requiring
13	a juvenile probation officer to process the original
14	delinquent act as a referral to the department; directing
15	the law enforcement agency that issued the civil citation
16	to report to the department on the outcome of the
17	juvenile's participation in the civil citation program at
18	the conclusion of a juvenile's civil citation program
19	period; directing the department to establish a civil
20	citation model program that is patterned after civil
21	citation programs within this state which have proven
22	successful; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 985.12, Florida Statutes, is amended to
27	read:
28	985.12  Civil citation.-
29	(1)(a)  There is established a juvenile civil citation
30	process for the purpose of providing an efficient and innovative
31	alternative to custody by the Department of Juvenile Justice for
32	of children who commit nonserious delinquent acts and to ensure
33	swift and appropriate consequences. The civil citation program
34	shall may be established at the local level by the head of each
35	local law enforcement agency, with the concurrence of the chief
36	judge of the circuit, state attorney, and public defender, and
37	the head of each local law enforcement agency involved.
38	(b)  Under such a juvenile civil citation program, any law
39	enforcement officer, upon making contact with a juvenile who
40	admits having committed a misdemeanor, may issue a civil
41	citation assessing not more than 50 community service hours, and
42	may require participation in intervention services appropriate
43	to identified needs of the juvenile, including family
44	counseling, urinalysis monitoring, and substance abuse and
45	mental health treatment services. A copy of each citation issued
46	under this section shall be provided to the department, and the
47	department shall enter appropriate information into the juvenile
48	offender information system. Only juveniles who have committed
49	no more than two misdemeanor offenses are eligible to
50	participate in the civil citation program.
51	(2)  Upon issuing a such citation, the law enforcement
52	officer shall send a copy to the county sheriff, state attorney,
53	the appropriate intake office of the department, the community
54	service performance monitor designated by the department, the
55	parent or guardian of the child, and the victim.
56	(3)  The child shall report to the community service
57	performance monitor within 7 working days after the date of
58	issuance of the citation. The work assignment shall be
59	accomplished at a rate of not less than 5 hours per week. The
60	monitor shall advise the intake office immediately upon
61	reporting by the child to the monitor, that the child has in
62	fact reported and the expected date upon which completion of the
63	work assignment will be accomplished.
64	(4)  If the juvenile fails to report timely for a work
65	assignment, complete a work assignment, or comply with assigned
66	intervention services within the prescribed time, or if the
67	juvenile commits a third or subsequent misdemeanor, the law
68	enforcement officer shall issue a report stating that the child
69	has not complied with the requirements of the civil citation
70	alleging the child has committed a delinquent act, at which
71	point a juvenile probation officer shall process the original
72	delinquent act as a referral to the department perform a
73	preliminary determination as provided under s. 985.145.
74	(5)  At the time of issuance of the citation by the law
75	enforcement officer, the such officer shall advise the child
76	that the child has the option to refuse the citation and to be
77	referred to the intake office of the department. That option may
78	be exercised at any time prior to completion of the work
79	assignment.
80	(6)  The law enforcement agency that issued the civil
81	citation shall report to the department on the outcome of the
82	juvenile's participation in the civil citation program at the
83	conclusion of the civil citation program period. The successful
84	completion of a civil citation assignment may not be considered
85	a referral to the department.
86	(7)  The department shall develop a civil citation model
87	program. The model program, which must include the option of
88	providing intervention services to the juvenile, must be
89	patterned after civil citation programs within this state which
90	have proven to be successful.
91	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.