Florida Senate - 2016 SB 408 By Senator Altman 16-00515-16 2016408__ 1 A bill to be entitled 2 An act relating to juvenile civil citations; amending 3 s. 985.12, F.S.; requiring, rather than authorizing, a 4 law enforcement officer to issue a civil citation or 5 require participation in a similar diversion program 6 if the officer does not issue a warning or inform a 7 child’s guardian or parent of the infraction; 8 requiring a law enforcement officer to receive 9 approval from a supervisor before arresting a child 10 for a first-time misdemeanor; reenacting ss. 11 943.051(3)(b) and 985.11(1)(b), F.S., relating to 12 fingerprinting and photographing a minor, to 13 incorporate the amendments made to s. 985.12, F.S., in 14 references thereto; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (1) of section 985.12, Florida 19 Statutes, is amended to read: 20 985.12 Civil citation.— 21 (1) There is established a juvenile civil citation process 22 for the purpose of providing an efficient and innovative 23 alternative to custody by the Department of Juvenile Justice for 24 children who commit nonserious delinquent acts and to ensure 25 swift and appropriate consequences. The department shall 26 encourage and assist in the implementation and improvement of 27 civil citation programs or other similar diversion programs 28 around the state. The civil citation or similar diversion 29 program shall be established at the local level with the 30 concurrence of the chief judge of the circuit, state attorney, 31 public defender, and the head of each local law enforcement 32 agency involved. The program may be operated by an entity such 33 as a law enforcement agency, the department, a juvenile 34 assessment center, the county or municipality, or another entity 35 selected by the county or municipality. An entity operating the 36 civil citation or similar diversion program must do so in 37 consultation and agreement with the state attorney and local law 38 enforcement agencies. Under such a juvenile civil citation or 39 similar diversion program, a law enforcement officer, upon 40 making contact with a juvenile who admits having committed a 41 misdemeanor, shall
may choose toissue a simple warning or 42 inform the child’s guardian or parent of the child’s infraction, 43 or shall mayissue a civil citation or require participation in 44 a similar diversion program, and assess up to 50 community 45 service hours, and require participation in intervention 46 services as indicated by an assessment of the needs of the 47 juvenile, including family counseling, urinalysis monitoring, 48 and substance abuse and mental health treatment services. A copy 49 of each citation issued under this section shall be provided to 50 the department, and the department shall enter appropriate 51 information into the juvenile offender information system. Use 52 of the civil citation or similar diversion program is not 53 limited to first-time misdemeanors and may be used in up to two 54 subsequent misdemeanors. Before Ifan arrest is made for a 55 first-time misdemeanor, a law enforcement officer must receive 56 approval from a supervisor and provide written documentation as 57 to why an arrest was warranted rather than a civil citation. At 58 the conclusion of a juvenile’s civil citation program or similar 59 diversion program, the agency operating the program shall report 60 the outcome to the department. The issuance of a civil citation 61 is not considered a referral to the department. 62 Section 2. For the purpose of incorporating the amendment 63 made by this act to section 985.12, Florida Statutes, in a 64 reference thereto, paragraph (b) of subsection (3) of section 65 943.051, Florida Statutes, is reenacted to read: 66 943.051 Criminal justice information; collection and 67 storage; fingerprinting.— 68 (3) 69 (b) A minor who is charged with or found to have committed 70 the following offenses shall be fingerprinted and the 71 fingerprints shall be submitted electronically to the 72 department, unless the minor is issued a civil citation pursuant 73 to s. 985.12: 74 1. Assault, as defined in s. 784.011. 75 2. Battery, as defined in s. 784.03. 76 3. Carrying a concealed weapon, as defined in s. 790.01(1). 77 4. Unlawful use of destructive devices or bombs, as defined 78 in s. 790.1615(1). 79 5. Neglect of a child, as defined in s. 827.03(1)(e). 80 6. Assault or battery on a law enforcement officer, a 81 firefighter, or other specified officers, as defined in s. 82 784.07(2)(a) and (b). 83 7. Open carrying of a weapon, as defined in s. 790.053. 84 8. Exposure of sexual organs, as defined in s. 800.03. 85 9. Unlawful possession of a firearm, as defined in s. 86 790.22(5). 87 10. Petit theft, as defined in s. 812.014(3). 88 11. Cruelty to animals, as defined in s. 828.12(1). 89 12. Arson, as defined in s. 806.031(1). 90 13. Unlawful possession or discharge of a weapon or firearm 91 at a school-sponsored event or on school property, as provided 92 in s. 790.115. 93 Section 3. For the purpose of incorporating the amendment 94 made by this act to section 985.12, Florida Statutes, in a 95 reference thereto, paragraph (b) of subsection (1) of section 96 985.11, Florida Statutes, is reenacted to read: 97 985.11 Fingerprinting and photographing.— 98 (1) 99 (b) Unless the child is issued a civil citation or is 100 participating in a similar diversion program pursuant to s. 101 985.12, a child who is charged with or found to have committed 102 one of the following offenses shall be fingerprinted, and the 103 fingerprints shall be submitted to the Department of Law 104 Enforcement as provided in s. 943.051(3)(b): 105 1. Assault, as defined in s. 784.011. 106 2. Battery, as defined in s. 784.03. 107 3. Carrying a concealed weapon, as defined in s. 790.01(1). 108 4. Unlawful use of destructive devices or bombs, as defined 109 in s. 790.1615(1). 110 5. Neglect of a child, as defined in s. 827.03(1)(e). 111 6. Assault on a law enforcement officer, a firefighter, or 112 other specified officers, as defined in s. 784.07(2)(a). 113 7. Open carrying of a weapon, as defined in s. 790.053. 114 8. Exposure of sexual organs, as defined in s. 800.03. 115 9. Unlawful possession of a firearm, as defined in s. 116 790.22(5). 117 10. Petit theft, as defined in s. 812.014. 118 11. Cruelty to animals, as defined in s. 828.12(1). 119 12. Arson, resulting in bodily harm to a firefighter, as 120 defined in s. 806.031(1). 121 13. Unlawful possession or discharge of a weapon or firearm 122 at a school-sponsored event or on school property as defined in 123 s. 790.115. 124 125 A law enforcement agency may fingerprint and photograph a child 126 taken into custody upon probable cause that such child has 127 committed any other violation of law, as the agency deems 128 appropriate. Such fingerprint records and photographs shall be 129 retained by the law enforcement agency in a separate file, and 130 these records and all copies thereof must be marked “Juvenile 131 Confidential.” These records are not available for public 132 disclosure and inspection under s. 119.07(1) except as provided 133 in ss. 943.053 and 985.04(2), but shall be available to other 134 law enforcement agencies, criminal justice agencies, state 135 attorneys, the courts, the child, the parents or legal 136 custodians of the child, their attorneys, and any other person 137 authorized by the court to have access to such records. In 138 addition, such records may be submitted to the Department of Law 139 Enforcement for inclusion in the state criminal history records 140 and used by criminal justice agencies for criminal justice 141 purposes. These records may, in the discretion of the court, be 142 open to inspection by anyone upon a showing of cause. The 143 fingerprint and photograph records shall be produced in the 144 court whenever directed by the court. Any photograph taken 145 pursuant to this section may be shown by a law enforcement 146 officer to any victim or witness of a crime for the purpose of 147 identifying the person who committed such crime. 148 Section 4. This act shall take effect July 1, 2016.