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