Florida Senate - 2015                                    SB 1112
       By Senator Abruzzo
       25-00323A-15                                          20151112__
    1                        A bill to be entitled                      
    2         An act relating to sexting; amending s. 847.0141,
    3         F.S.; removing the court’s discretion to impose a
    4         specified penalty for a first violation of sexting;
    5         requiring a minor cited for a first violation to sign
    6         and accept a citation to appear before juvenile court
    7         or, in lieu of appearing in court, to complete
    8         community service work, pay a civil penalty, or
    9         participate in a cyber-safety program within a certain
   10         period of time, if such program is locally available;
   11         requiring the citation to be in a form prescribed by
   12         the issuing law enforcement agency; requiring such
   13         citation to include certain information; authorizing a
   14         court to order certain penalties under certain
   15         circumstances; authorizing a court to order specified
   16         additional penalties in certain circumstances;
   17         prohibiting the court from imposing incarceration;
   18         specifying that all court records and any information
   19         obtained or produced are confidential; providing
   20         retroactive application of confidentiality provisions
   21         for certain violations; conforming provisions to
   22         changes made by the act; requiring that a specified
   23         percentage of civil penalties received by a juvenile
   24         court be remitted by the clerk of court to the county
   25         commission to provide cyber-safety training for
   26         minors; requiring that the remaining percentage remain
   27         with the clerk of the court to cover administrative
   28         costs; amending s. 985.0301, F.S.; creating exclusive
   29         original jurisdiction in the circuit court when a
   30         child is alleged to have committed a noncriminal
   31         violation that is assigned to juvenile court;
   32         providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Subsections (3) and (5) of section 847.0141,
   37  Florida Statutes, are amended, and subsection (6) is added to
   38  that section, to read:
   39         847.0141 Sexting; prohibited acts; penalties.—
   40         (3) A minor who violates subsection (1):
   41         (a) Commits a noncriminal violation for a first violation,
   42  punishable by 8 hours of community service or, if ordered by the
   43  court in lieu of community service, a $60 fine. The court may
   44  also order the minor to participate in suitable training or
   45  instruction in lieu of, or in addition to, community service or
   46  a fine. The minor must sign and accept a citation indicating a
   47  promise to appear before the juvenile court. In lieu of
   48  appearing in court, the minor may complete 8 hours of community
   49  service work, pay a $60 civil penalty, or participate in a
   50  cyber-safety program, if such a program is locally available.
   51  The minor must satisfy any penalty within 30 days after receipt
   52  of the citation.
   53         1. A citation issued to a minor under this subsection must
   54  be in a form prescribed by the issuing law enforcement agency,
   55  must be signed by the minor, and must contain all of the
   56  following:
   57         a. The date and time of issuance.
   58         b. The name and address of the minor to whom the citation
   59  is issued.
   60         c. A thumbprint of the minor to whom the citation is
   61  issued.
   62         d. Identification of the noncriminal violation and the time
   63  it was committed.
   64         e. The facts constituting reasonable cause.
   65         f. The specific section of law violated.
   66         g. The name and authority of the citing officer.
   67         h. The procedures that the minor must follow to contest the
   68  citation, perform the required community service, pay the civil
   69  penalty, and participate in a cyber-safety program.
   70         2. If the citation is contested and the court determines
   71  that the minor committed a noncriminal violation under this
   72  section, the court may order the minor to perform 8 hours of
   73  community service, pay a $60 civil penalty, or participate in a
   74  cyber-safety program, or any combination thereof.
   75         3. A minor who fails to comply with the citation waives his
   76  or her right to contest it, and the court may impose any of the
   77  penalties identified in subparagraph 2. or issue an order to
   78  show cause. Upon a finding of contempt, the court may impose
   79  additional age-appropriate penalties, which may include issuance
   80  of an order to the Department of Highway Safety and Motor
   81  Vehicles to withhold issuance of, or suspend the driver license
   82  or driving privilege of, the minor for 30 consecutive days.
   83  However, the court may not impose incarceration.
   84         4. All court records and information obtained or produced
   85  under this paragraph shall be afforded the same level of
   86  confidentiality provided under ss. 985.04 and 985.045. All
   87  noncriminal violations for sexting that occurred on or after
   88  October 1, 2011, are considered confidential.
   89         (b) Commits a misdemeanor of the first degree for a
   90  violation that occurs after the minor has been being found to
   91  have committed a noncriminal violation for sexting or has
   92  satisfied the penalty imposed in lieu of a court appearance as
   93  provided in paragraph (a), punishable as provided in s. 775.082
   94  or s. 775.083.
   95         (c) Commits a felony of the third degree for a violation
   96  that occurs after the minor has been being found to have
   97  committed a misdemeanor of the first degree for sexting,
   98  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   99         (5) As used in this section, the term “found to have
  100  committed” means a determination of guilt that is the result of
  101  a plea or trial, or a finding of delinquency that is the result
  102  of a plea or an adjudicatory hearing, regardless of whether
  103  adjudication is withheld.
  104         (6) Eighty percent of all civil penalties received by a
  105  juvenile court pursuant to this section shall be remitted by the
  106  clerk of the court to the county commission to provide training
  107  on cyber safety for minors. The remaining 20 percent shall
  108  remain with the clerk of the court to defray administrative
  109  costs.
  110         Section 2. Subsection (1) of section 985.0301, Florida
  111  Statutes, is amended to read:
  112         985.0301 Jurisdiction.—
  113         (1) The circuit court has exclusive original jurisdiction
  114  of proceedings in which a child is alleged to have committed:
  115         (a)to have committed A delinquent act or violation of law.
  116         (b) A noncriminal violation that has been assigned to
  117  juvenile court by law.
  118         Section 3. This act shall take effect October 1, 2015.