Florida Senate - 2016 CS for CS for SB 408
By the Committees on Children, Families, and Elder Affairs; and
Criminal Justice; and Senators Altman, Negron, Joyner, Clemens,
Flores, Sachs, Sobel, and Soto
1 A bill to be entitled
2 An act relating to juvenile civil citation and similar
3 diversion programs; amending s. 985.12, F.S.;
4 requiring the establishment of civil citation or
5 similar diversion programs for juveniles; providing
6 definitions; specifying program eligibility,
7 participation, and implementation requirements;
8 providing exceptions; providing applicability;
9 amending ss. 943.051 and 985.11, F.S.; conforming
10 provisions to changes made by the act; providing an
11 effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Section 985.12, Florida Statutes, is amended to
17 985.12 Civil citation and similar diversion programs.—
18 (1)(a) There is established a process for the use of
19 juvenile civil citation and similar diversion programs to
process for the purpose of providing an efficient and
21 innovative alternative to custody by the department of Juvenile
22 Justice for juveniles children who commit nonserious delinquent
23 acts and to ensure swift and appropriate consequences. The
24 department shall encourage and assist in the implementation and
25 improvement of civil citation and programs or other similar
26 diversion programs in around the state.
27 (b) One or more The civil citation or similar diversion
28 programs program shall be established in each county which must
29 individually or collectively serve all juveniles who are alleged
30 to have committed a violation of law which would be a
31 misdemeanor offense if committed by an adult. Such programs must
32 be established at the local level with the concurrence of the
33 chief judge of the circuit, state attorney, public defender, and
34 the head of each local law enforcement agency involved and . The
35 program may be operated by an entity such as a law enforcement
36 agency, the department, a juvenile assessment center, the county
37 or municipality, or another entity selected by the county or
38 municipality. An entity operating such a the civil citation or
39 similar diversion program must do so in consultation and
40 agreement with the state attorney and local law enforcement
42 (2) As used in this section, the term:
43 (a) “Misdemeanor offense” means one or more misdemeanor
44 violations of law arising out of the same criminal episode, act,
45 or transaction.
46 (b) “Law enforcement officer” has the same meaning as
47 provided in s. 943.10.
48 (3) Under such a juvenile civil citation or similar
49 diversion program, a law enforcement officer that makes , upon
50 making contact with a juvenile who admits having committed a
51 first-time misdemeanor: misdemeanor, may choose to issue a
52 simple warning or inform the child’s guardian or parent of the
53 child’s infraction, or may
54 (a) Shall issue a civil citation to the juvenile or require
55 the juvenile’s participation in a similar diversion program when
56 the juvenile is under 16 years of age and if each violation of
57 law in the misdemeanor offense is one of the following:
58 1. Section 562.111, relating to possession of alcoholic
59 beverages by persons under age 21;
60 2. Section 784.03(1), relating to battery, if the victim
61 approves the juvenile’s participation in a civil citation or
62 similar diversion program;
63 3. Section 812.014(2)(e) or s. 812.014(3)(a), relating to
65 4. Section 812.015(2), relating to retail and farm theft;
66 5. Section 843.02, relating to resisting an officer without
68 6. Section 870.01(1), relating to affrays and riots;
69 7. Section 877.03, relating to disorderly conduct;
70 8. Section 893.13(6)(b), relating to possession of certain
71 amounts of cannabis or controlled substances; or
72 9. Section 893.147, relating to use, possession,
73 manufacture, delivery, transportation, advertisement, or retail
74 sale of drug paraphernalia.
75 (b) May issue a civil citation to the juvenile or require
76 the juvenile’s participation in a similar diversion program if
77 the violations of law are not enumerated in paragraph (a), or if
78 the violation of law is one of the enumerated offenses in
79 paragraph (a) and the juvenile is 16 years of age or older.
80 (4) Under such a juvenile civil citation or similar
81 diversion program, a law enforcement officer that makes contact
82 with a juvenile who admits having committed a second-time or
83 third-time misdemeanor offense may issue a civil citation to the
84 juvenile or require the juvenile’s participation in a similar
85 diversion program, regardless of whether the violations of law
86 are enumerated in subparagraph (3)(a).
87 (5) If an arrest is made for a misdemeanor offense subject
88 to paragraph (3)(b) or subsection (4), a law enforcement officer
89 must provide written documentation as to why the arrest was
91 (6) A law enforcement officer shall advise a juvenile who
92 is subject to subsection (3) or subsection (4) that the juvenile
93 has the option to refuse the civil citation or other similar
94 diversion program and be referred to the department. This option
95 may be exercised at any time before completion of the community
96 service assignment required under subsection (8). Participation
97 in a civil citation or similar diversion program is not
98 considered a referral to the department.
99 (7) Upon issuance of the civil citation or documentation
100 requiring a similar diversion program, the law enforcement
101 officer shall send a copy to the county sheriff, state attorney,
102 the appropriate intake office of the department or the community
103 service performance monitor designated by the department, the
104 parent or guardian of the child, and the victim. The department
105 shall enter such information into the juvenile offender
106 information system.
107 (8) A juvenile that elects to participate in a civil
108 citation or similar diversion program shall complete , and assess
109 up to 50 community service hours , and participate require
110 participation in intervention services as indicated by an
111 assessment of the needs of the juvenile, including family
112 counseling, urinalysis monitoring, and substance abuse and
113 mental health treatment services.
114 (a) The juvenile shall report to the community service
115 performance monitor within 10 business days after the date of
116 issuance of the civil citation or documentation for a similar
117 diversion program. The juvenile shall spend a minimum of 5 hours
118 per week completing the community service assignment. The
119 monitor shall immediately notify the intake office of the
120 department that a juvenile has reported to the monitor and the
121 expected date on which the juvenile will complete the community
122 service assignment A copy of each citation issued under this
123 section shall be provided to the department, and the department
124 shall enter appropriate information into the juvenile offender
125 information system. Use of the civil citation or similar
126 diversion program is not limited to first-time misdemeanors and
127 may be used in up to two subsequent misdemeanors. If an arrest
128 is made, a law enforcement officer must provide written
129 documentation as to why an arrest was warranted.
130 (b) At the conclusion of a juvenile’s civil citation
131 program or similar diversion program, the entity agency
132 operating the program shall report the outcome of the program to
133 the department.
134 (c) If the juvenile fails to timely report for a community
135 service assignment, complete such assignment, or comply with
136 assigned intervention services within the prescribed time, or if
137 the juvenile commits a subsequent misdemeanor, the law
138 enforcement officer shall issue a report alleging the juvenile
139 has committed a delinquent act, at which time a juvenile
140 probation officer shall process the original delinquent act as a
141 referral to the department and refer the report to the state
142 attorney for review The issuance of a civil citation is not
143 considered a referral to the department.
144 (9) (2) The department shall develop guidelines for the
145 civil citation and similar diversion programs program which
146 include intervention services that are based on upon proven
147 civil citation or similar diversion programs in within the
149 (10) This section does not apply to:
150 (a) A juvenile who is currently alleged to have committed,
151 or is currently charged with, and awaiting final disposition of
152 an offense that would be a felony if committed by an adult.
153 (b) A juvenile who has entered a plea of nolo contendere or
154 guilty to, or has been found to have committed, an offense that
155 would be a felony if committed by an adult.
156 (c) A misdemeanor arising out of an episode in which the
157 juvenile is also alleged to have committed an offense that would
158 be a felony if committed by an adult.
159 (11) This section does not modify the authority of a law
160 enforcement officer who comes into contact with a juvenile who
161 is alleged to have committed a misdemeanor to issue only a
162 simple warning to the juvenile or notice to a juvenile’s parent
163 or guardian of the alleged offense.
164 (3) Upon issuing such citation, the law enforcement officer
165 shall send a copy to the county sheriff, state attorney, the
166 appropriate intake office of the department, or the community
167 service performance monitor designated by the department, the
168 parent or guardian of the child, and the victim.
169 (4) The child shall report to the community service
170 performance monitor within 7 working days after the date of
171 issuance of the citation. The work assignment shall be
172 accomplished at a rate of not less than 5 hours per week. The
173 monitor shall advise the intake office immediately upon
174 reporting by the child to the monitor, that the child has in
175 fact reported and the expected date upon which completion of the
176 work assignment will be accomplished.
177 (5) If the child fails to report timely for a work
178 assignment, complete a work assignment, or comply with assigned
179 intervention services within the prescribed time, or if the
180 juvenile commits a subsequent misdemeanor, the law enforcement
181 officer shall issue a report alleging the child has committed a
182 delinquent act, at which point a juvenile probation officer
183 shall process the original delinquent act as a referral to the
184 department and refer the report to the state attorney for
186 (6) At the time of issuance of the citation by the law
187 enforcement officer, such officer shall advise the child that
188 the child has the option to refuse the citation and to be
189 referred to the intake office of the department. That option may
190 be exercised at any time before completion of the work
192 Section 2. Paragraph (b) of subsection (3) of section
193 943.051, Florida Statutes, is amended to read:
194 943.051 Criminal justice information; collection and
195 storage; fingerprinting.—
197 (b) A minor who is charged with or found to have committed
198 the following offenses shall be fingerprinted and the
199 fingerprints shall be submitted electronically to the
200 department, unless the minor participates in is issued a civil
201 citation or similar diversion program pursuant to s. 985.12:
202 1. Assault, as defined in s. 784.011.
203 2. Battery, as defined in s. 784.03.
204 3. Carrying a concealed weapon, as defined in s. 790.01(1).
205 4. Unlawful use of destructive devices or bombs, as defined
206 in s. 790.1615(1).
207 5. Neglect of a child, as defined in s. 827.03(1)(e).
208 6. Assault or battery on a law enforcement officer, a
209 firefighter, or other specified officers, as defined in s.
210 784.07(2)(a) and (b).
211 7. Open carrying of a weapon, as defined in s. 790.053.
212 8. Exposure of sexual organs, as defined in s. 800.03.
213 9. Unlawful possession of a firearm, as defined in s.
215 10. Petit theft, as defined in s. 812.014(3).
216 11. Cruelty to animals, as defined in s. 828.12(1).
217 12. Arson, as defined in s. 806.031(1).
218 13. Unlawful possession or discharge of a weapon or firearm
219 at a school-sponsored event or on school property, as provided
220 in s. 790.115.
221 Section 3. Paragraph (b) of subsection (1) of section
222 985.11, Florida Statutes, is amended to read:
223 985.11 Fingerprinting and photographing.—
225 (b) Unless the child is participating in is issued a civil
226 citation or is participating in a similar diversion program
227 pursuant to s. 985.12, a child who is charged with or found to
228 have committed one of the following offenses shall be
229 fingerprinted, and the fingerprints shall be submitted to the
230 Department of Law Enforcement as provided in s. 943.051(3)(b):
231 1. Assault, as defined in s. 784.011.
232 2. Battery, as defined in s. 784.03.
233 3. Carrying a concealed weapon, as defined in s. 790.01(1).
234 4. Unlawful use of destructive devices or bombs, as defined
235 in s. 790.1615(1).
236 5. Neglect of a child, as defined in s. 827.03(1)(e).
237 6. Assault on a law enforcement officer, a firefighter, or
238 other specified officers, as defined in s. 784.07(2)(a).
239 7. Open carrying of a weapon, as defined in s. 790.053.
240 8. Exposure of sexual organs, as defined in s. 800.03.
241 9. Unlawful possession of a firearm, as defined in s.
243 10. Petit theft, as defined in s. 812.014.
244 11. Cruelty to animals, as defined in s. 828.12(1).
245 12. Arson, resulting in bodily harm to a firefighter, as
246 defined in s. 806.031(1).
247 13. Unlawful possession or discharge of a weapon or firearm
248 at a school-sponsored event or on school property as defined in
249 s. 790.115.
251 A law enforcement agency may fingerprint and photograph a child
252 taken into custody upon probable cause that such child has
253 committed any other violation of law, as the agency deems
254 appropriate. Such fingerprint records and photographs shall be
255 retained by the law enforcement agency in a separate file, and
256 these records and all copies thereof must be marked “Juvenile
257 Confidential.” These records are not available for public
258 disclosure and inspection under s. 119.07(1) except as provided
259 in ss. 943.053 and 985.04(2), but shall be available to other
260 law enforcement agencies, criminal justice agencies, state
261 attorneys, the courts, the child, the parents or legal
262 custodians of the child, their attorneys, and any other person
263 authorized by the court to have access to such records. In
264 addition, such records may be submitted to the Department of Law
265 Enforcement for inclusion in the state criminal history records
266 and used by criminal justice agencies for criminal justice
267 purposes. These records may, in the discretion of the court, be
268 open to inspection by anyone upon a showing of cause. The
269 fingerprint and photograph records shall be produced in the
270 court whenever directed by the court. Any photograph taken
271 pursuant to this section may be shown by a law enforcement
272 officer to any victim or witness of a crime for the purpose of
273 identifying the person who committed such crime.
274 Section 4. This act shall take effect July 1, 2016.