| 1 | A bill to be entitled | 
| 2 | An act relating to juvenile civil citations; amending s. | 
| 3 | 985.12, F.S.; requiring the Department of Juvenile Justice | 
| 4 | to encourage and assist in the implementation and | 
| 5 | improvement of civil citation and similar diversion | 
| 6 | programs; requiring that a juvenile civil citation or | 
| 7 | similar diversion program be established at the local | 
| 8 | level with the concurrence of the chief judge of the | 
| 9 | circuit and other designated persons; authorizing a law | 
| 10 | enforcement agency, the Department of Juvenile Justice, a | 
| 11 | juvenile assessment center, the county or municipality, or | 
| 12 | an entity selected by the county or municipality to | 
| 13 | operate the civil citation or similar diversion program; | 
| 14 | requiring the entity operating the program to be selected | 
| 15 | in consultation and agreement with the state attorney and | 
| 16 | the local law enforcement agencies; authorizing a law | 
| 17 | enforcement officer, upon making contact with a juvenile | 
| 18 | who admits to having committed a misdemeanor, to require | 
| 19 | participation in intervention services based upon an | 
| 20 | assessment of the needs of the juvenile; restricting | 
| 21 | eligibility of participants for the civil citation or | 
| 22 | similar diversion program to first-time misdemeanor | 
| 23 | offenders unless the participation is approved by the | 
| 24 | state attorney or assistant state attorney; requiring the | 
| 25 | agency operating the program to report on the outcome to | 
| 26 | the Department of Juvenile Justice at the conclusion of a | 
| 27 | youth's civil citation or similar diversion program; | 
| 28 | providing that the issuance of a civil citation is not | 
| 29 | considered a referral to the department; requiring the | 
| 30 | department to develop guidelines for the civil citation | 
| 31 | program which include intervention services that are based | 
| 32 | upon proven civil citation or similar diversion programs | 
| 33 | within the state; requiring a juvenile probation officer | 
| 34 | to process the original delinquent act as a referral to | 
| 35 | the department in specified circumstances and to refer | 
| 36 | certain reports to the state attorney for review; | 
| 37 | providing an effective date. | 
| 38 | 
 | 
| 39 | Be It Enacted by the Legislature of the State of Florida: | 
| 40 | 
 | 
| 41 | Section 1.  Section 985.12, Florida Statutes, is amended to | 
| 42 | read: | 
| 43 | 985.12  Civil citation.- | 
| 44 | (1)  There is established a juvenile civil citation process | 
| 45 | for the purpose of providing an efficient and innovative | 
| 46 | alternative to custody by the Department of Juvenile Justice for | 
| 47 | ofchildren who commit nonserious delinquent acts and to ensure | 
| 48 | swift and appropriate consequences. The department shall | 
| 49 | encourage and assist in the implementation and improvement of | 
| 50 | civil citation programs or other similar diversion programs | 
| 51 | around the state. The civil citation or similar diversion | 
| 52 | program shall maybe established at the local level with the | 
| 53 | concurrence of the chief judge of the circuit, state attorney, | 
| 54 | public defender, and the head of each local law enforcement | 
| 55 | agency involved. The program may be operated by an entity such | 
| 56 | as a law enforcement agency, the department, a juvenile | 
| 57 | assessment center, the county or municipality, or some other | 
| 58 | entity selected by the county or municipality. An entity | 
| 59 | operating the civil citation or similar diversion program must | 
| 60 | do so in consultation and agreement with the state attorney and | 
| 61 | local law enforcement agencies. Under such a juvenile civil | 
| 62 | citation or similar diversion program, any law enforcement | 
| 63 | officer, upon making contact with a juvenile who admits having | 
| 64 | committed a misdemeanor, may issue a civil citation and assess | 
| 65 | assessingnot more than 50 community service hours, andmay  | 
| 66 | require participation in intervention services as indicated by | 
| 67 | an assessment of the appropriate to identifiedneeds of the | 
| 68 | juvenile, including family counseling, urinalysis monitoring, | 
| 69 | and substance abuse and mental health treatment services. A copy | 
| 70 | of each citation issued under this section shall be provided to | 
| 71 | the department, and the department shall enter appropriate | 
| 72 | information into the juvenile offender information system. Only | 
| 73 | first-time misdemeanor offenders are eligible for the civil | 
| 74 | citation or similar diversion program. At the conclusion of a | 
| 75 | juvenile's civil citation or similar diversion program, the | 
| 76 | agency operating the program shall report the outcome to the | 
| 77 | department. The issuance of a civil citation is not considered a | 
| 78 | referral to the department. | 
| 79 | (2)  The department shall develop guidelines for the civil | 
| 80 | citation program which include intervention services that are | 
| 81 | based upon proven civil citation or similar diversion programs | 
| 82 | within the state. | 
| 83 | (3) (2)Upon issuing such citation, the law enforcement | 
| 84 | officer shall send a copy to the county sheriff, state attorney, | 
| 85 | the appropriate intake office of the department, or the | 
| 86 | community service performance monitor designated by the | 
| 87 | department, the parent or guardian of the child, and the victim. | 
| 88 | (4) (3)The child shall report to the community service | 
| 89 | performance monitor within 7 working days after the date of | 
| 90 | issuance of the citation. The work assignment shall be | 
| 91 | accomplished at a rate of not less than 5 hours per week. The | 
| 92 | monitor shall advise the intake office immediately upon | 
| 93 | reporting by the child to the monitor, that the child has in | 
| 94 | fact reported and the expected date upon which completion of the | 
| 95 | work assignment will be accomplished. | 
| 96 | (5) (4)If the childjuvenilefails to report timely for a | 
| 97 | work assignment, complete a work assignment, or comply with | 
| 98 | assigned intervention services within the prescribed time, or if | 
| 99 | the juvenile commits a third orsubsequent misdemeanor, the law | 
| 100 | enforcement officer shall issue a report alleging the child has | 
| 101 | committed a delinquent act, at which point a juvenile probation | 
| 102 | officer shall process the original delinquent act as a referral | 
| 103 | to the department and refer the report to the state attorney for | 
| 104 | review perform a preliminary determination as provided under s.  | 
| 105 | 985.145. | 
| 106 | (6) (5)At the time of issuance of the citation by the law | 
| 107 | enforcement officer, such officer shall advise the child that | 
| 108 | the child has the option to refuse the citation and to be | 
| 109 | referred to the intake office of the department. That option may | 
| 110 | be exercised at any time before prior tocompletion of the work | 
| 111 | assignment. | 
| 112 | Section 2.  This act shall take effect July 1, 2011. |