Florida Senate - 2016 CS for CS for CS for SB 408
By the Committees on Rules; 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 812.014(2)(e) or (3)(a), relating to theft;
61 3. Section 812.015(2), relating to retail and farm theft;
62 4. Section 843.02, relating to resisting an officer without
64 5. Section 877.03, relating to disorderly conduct;
65 6. Section 893.13(6)(b), relating to possession of certain
66 amounts of cannabis or controlled substances; or
67 7. Section 893.147, relating to use, possession,
68 manufacture, delivery, transportation, advertisement, or retail
69 sale of drug paraphernalia.
70 (b) May issue a civil citation to the juvenile or require
71 the juvenile’s participation in a similar diversion program if
72 the violations of law are not enumerated in paragraph (a), or if
73 the violation of law is one of the enumerated offenses in
74 paragraph (a) and the juvenile is 16 years of age or older.
75 (4) Under such a juvenile civil citation or similar
76 diversion program, a law enforcement officer that makes contact
77 with a juvenile who admits having committed a second-time or
78 third-time misdemeanor offense may issue a civil citation to the
79 juvenile or require the juvenile’s participation in a similar
80 diversion program, regardless of whether the violations of law
81 are enumerated in subparagraph (3)(a).
82 (5) If an arrest is made for a misdemeanor offense subject
83 to paragraph (3)(b) or subsection (4), a law enforcement officer
84 must provide written documentation as to why the arrest was
86 (6) A law enforcement officer shall advise a juvenile who
87 is subject to subsection (3) or subsection (4) that the juvenile
88 has the option to refuse the civil citation or other similar
89 diversion program and be referred to the department. This option
90 may be exercised at any time before completion of the community
91 service assignment required under subsection (8). Participation
92 in a civil citation or similar diversion program is not
93 considered a referral to the department.
94 (7) Upon issuance of the civil citation or documentation
95 requiring a similar diversion program, the law enforcement
96 officer shall send a copy to the county sheriff, state attorney,
97 the appropriate intake office of the department or the community
98 service performance monitor designated by the department, the
99 parent or guardian of the child, and the victim. The department
100 shall enter such information into the juvenile offender
101 information system.
102 (8) A juvenile that elects to participate in a civil
103 citation or similar diversion program shall complete , and assess
104 up to 50 community service hours , and participate require
105 participation in intervention services as indicated by an
106 assessment of the needs of the juvenile, including family
107 counseling, urinalysis monitoring, and substance abuse and
108 mental health treatment services.
109 (a) The juvenile shall report to the community service
110 performance monitor within 10 business days after the date of
111 issuance of the civil citation or documentation for a similar
112 diversion program. The juvenile shall spend a minimum of 5 hours
113 per week completing the community service assignment. The
114 monitor shall immediately notify the intake office of the
115 department that a juvenile has reported to the monitor and the
116 expected date on which the juvenile will complete the community
117 service assignment A copy of each citation issued under this
118 section shall be provided to the department, and the department
119 shall enter appropriate information into the juvenile offender
120 information system. Use of the civil citation or similar
121 diversion program is not limited to first-time misdemeanors and
122 may be used in up to two subsequent misdemeanors. If an arrest
123 is made, a law enforcement officer must provide written
124 documentation as to why an arrest was warranted.
125 (b) At the conclusion of a juvenile’s civil citation
126 program or similar diversion program, the entity agency
127 operating the program shall report the outcome of the program to
128 the department.
129 (c) If the juvenile fails to timely report for a community
130 service assignment, complete such assignment, or comply with
131 assigned intervention services within the prescribed time, or if
132 the juvenile commits a subsequent misdemeanor, the law
133 enforcement officer shall issue a report alleging the juvenile
134 has committed a delinquent act, at which time a juvenile
135 probation officer shall process the original delinquent act as a
136 referral to the department and refer the report to the state
137 attorney for review The issuance of a civil citation is not
138 considered a referral to the department.
139 (9) (2) The department shall develop guidelines for the
140 civil citation and similar diversion programs program which
141 include intervention services that are based on upon proven
142 civil citation or similar diversion programs in within the
144 (10) This section does not apply to:
145 (a) A juvenile who is currently alleged to have committed,
146 or is currently charged with, and awaiting final disposition of
147 an offense that would be a felony if committed by an adult.
148 (b) A juvenile who has entered a plea of nolo contendere or
149 guilty to, or has been found to have committed, an offense that
150 would be a felony if committed by an adult.
151 (c) A misdemeanor arising out of an episode in which the
152 juvenile is also alleged to have committed an offense that would
153 be a felony if committed by an adult.
154 (11) This section does not modify the authority of a law
155 enforcement officer who comes into contact with a juvenile who
156 is alleged to have committed a misdemeanor to issue only a
157 simple warning to the juvenile or notice to a juvenile’s parent
158 or guardian of the alleged offense.
159 (3) Upon issuing such citation, the law enforcement officer
160 shall send a copy to the county sheriff, state attorney, the
161 appropriate intake office of the department, or the community
162 service performance monitor designated by the department, the
163 parent or guardian of the child, and the victim.
164 (4) The child shall report to the community service
165 performance monitor within 7 working days after the date of
166 issuance of the citation. The work assignment shall be
167 accomplished at a rate of not less than 5 hours per week. The
168 monitor shall advise the intake office immediately upon
169 reporting by the child to the monitor, that the child has in
170 fact reported and the expected date upon which completion of the
171 work assignment will be accomplished.
172 (5) If the child fails to report timely for a work
173 assignment, complete a work assignment, or comply with assigned
174 intervention services within the prescribed time, or if the
175 juvenile commits a subsequent misdemeanor, the law enforcement
176 officer shall issue a report alleging the child has committed a
177 delinquent act, at which point a juvenile probation officer
178 shall process the original delinquent act as a referral to the
179 department and refer the report to the state attorney for
181 (6) At the time of issuance of the citation by the law
182 enforcement officer, such officer shall advise the child that
183 the child has the option to refuse the citation and to be
184 referred to the intake office of the department. That option may
185 be exercised at any time before completion of the work
187 Section 2. Paragraph (b) of subsection (3) of section
188 943.051, Florida Statutes, is amended to read:
189 943.051 Criminal justice information; collection and
190 storage; fingerprinting.—
192 (b) A minor who is charged with or found to have committed
193 the following offenses shall be fingerprinted and the
194 fingerprints shall be submitted electronically to the
195 department, unless the minor participates in is issued a civil
196 citation or similar diversion program pursuant to s. 985.12:
197 1. Assault, as defined in s. 784.011.
198 2. Battery, as defined in s. 784.03.
199 3. Carrying a concealed weapon, as defined in s. 790.01(1).
200 4. Unlawful use of destructive devices or bombs, as defined
201 in s. 790.1615(1).
202 5. Neglect of a child, as defined in s. 827.03(1)(e).
203 6. Assault or battery on a law enforcement officer, a
204 firefighter, or other specified officers, as defined in s.
205 784.07(2)(a) and (b).
206 7. Open carrying of a weapon, as defined in s. 790.053.
207 8. Exposure of sexual organs, as defined in s. 800.03.
208 9. Unlawful possession of a firearm, as defined in s.
210 10. Petit theft, as defined in s. 812.014(3).
211 11. Cruelty to animals, as defined in s. 828.12(1).
212 12. Arson, as defined in s. 806.031(1).
213 13. Unlawful possession or discharge of a weapon or firearm
214 at a school-sponsored event or on school property, as provided
215 in s. 790.115.
216 Section 3. Paragraph (b) of subsection (1) of section
217 985.11, Florida Statutes, is amended to read:
218 985.11 Fingerprinting and photographing.—
220 (b) Unless the child is participating in is issued a civil
221 citation or is participating in a similar diversion program
222 pursuant to s. 985.12, a child who is charged with or found to
223 have committed one of the following offenses shall be
224 fingerprinted, and the fingerprints shall be submitted to the
225 Department of Law Enforcement as provided in s. 943.051(3)(b):
226 1. Assault, as defined in s. 784.011.
227 2. Battery, as defined in s. 784.03.
228 3. Carrying a concealed weapon, as defined in s. 790.01(1).
229 4. Unlawful use of destructive devices or bombs, as defined
230 in s. 790.1615(1).
231 5. Neglect of a child, as defined in s. 827.03(1)(e).
232 6. Assault on a law enforcement officer, a firefighter, or
233 other specified officers, as defined in s. 784.07(2)(a).
234 7. Open carrying of a weapon, as defined in s. 790.053.
235 8. Exposure of sexual organs, as defined in s. 800.03.
236 9. Unlawful possession of a firearm, as defined in s.
238 10. Petit theft, as defined in s. 812.014.
239 11. Cruelty to animals, as defined in s. 828.12(1).
240 12. Arson, resulting in bodily harm to a firefighter, as
241 defined in s. 806.031(1).
242 13. Unlawful possession or discharge of a weapon or firearm
243 at a school-sponsored event or on school property as defined in
244 s. 790.115.
246 A law enforcement agency may fingerprint and photograph a child
247 taken into custody upon probable cause that such child has
248 committed any other violation of law, as the agency deems
249 appropriate. Such fingerprint records and photographs shall be
250 retained by the law enforcement agency in a separate file, and
251 these records and all copies thereof must be marked “Juvenile
252 Confidential.” These records are not available for public
253 disclosure and inspection under s. 119.07(1) except as provided
254 in ss. 943.053 and 985.04(2), but shall be available to other
255 law enforcement agencies, criminal justice agencies, state
256 attorneys, the courts, the child, the parents or legal
257 custodians of the child, their attorneys, and any other person
258 authorized by the court to have access to such records. In
259 addition, such records may be submitted to the Department of Law
260 Enforcement for inclusion in the state criminal history records
261 and used by criminal justice agencies for criminal justice
262 purposes. These records may, in the discretion of the court, be
263 open to inspection by anyone upon a showing of cause. The
264 fingerprint and photograph records shall be produced in the
265 court whenever directed by the court. Any photograph taken
266 pursuant to this section may be shown by a law enforcement
267 officer to any victim or witness of a crime for the purpose of
268 identifying the person who committed such crime.
269 Section 4. This act shall take effect July 1, 2016.