Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (554152) for SB 1270
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2015           .                                

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