Florida Senate - 2015                             CS for SB 1112
       By the Committee on Criminal Justice; and Senator Abruzzo
       591-03140-15                                          20151112c1
    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
   58  following:
   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
   63  issued.
   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
  112  costs.
  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.