Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 618 Ì188122ÃÎ188122 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 901.40, Florida Statutes, is created to 6 read: 7 901.40 Prearrest diversion programs.— 8 (1) INTENT.—The Legislature encourages local communities 9 and public or private educational institutions to implement 10 prearrest diversion programs that afford certain adults who 11 fulfill specified intervention and community service obligations 12 the opportunity to avoid an arrest record. The Legislature does 13 not mandate that a particular prearrest diversion program for 14 adults be adopted but finds that the adoption of the model 15 provided in this section would allow certain adults to avoid an 16 arrest record while ensuring that those adults receive 17 appropriate intervention and fulfill community service 18 obligations. The Legislature further encourages that a prearrest 19 diversion program share information with other prearrest 20 diversion programs. 21 (2) MODEL ADULT CIVIL CITATION PROGRAM.— 22 (a) Law enforcement officers, at their sole discretion, may 23 issue civil citations to certain adults who commit a qualifying 24 nonviolent misdemeanor offense listed in subsection (3). A civil 25 citation may be issued only if the adult admits that he or she 26 committed the offense and if the adult has not previously 27 received a civil citation. However, an adult may not be issued a 28 civil citation if the nonviolent misdemeanor offense involves a 29 victim and the victim objects to issuance of the civil citation. 30 (b) An adult who receives a civil citation shall report for 31 intake as required by the local prearrest diversion program and 32 shall be provided appropriate assessment, intervention, 33 education, and behavioral health care services. While in the 34 local prearrest diversion program, the adult shall perform 35 community service hours as specified by the local prearrest 36 diversion program. If the adult does not successfully complete 37 the prearrest diversion program, the law enforcement agency that 38 issued the civil citation shall criminally charge the adult for 39 the original offense and refer the case to the state attorney to 40 determine if prosecution is appropriate. If the adult 41 successfully completes the program, an arrest record may not be 42 associated with the offense. 43 (c) A steering committee shall be created for the prearrest 44 diversion program to develop policies and procedures for the 45 program, including, but not limited to, eligibility criteria, 46 program implementation and operation, and the fee to be paid by 47 adults participating in the program. At a minimum, the steering 48 committee shall be composed of representatives of the law 49 enforcement agencies participating in the program, a 50 representative of the program services provider, and other 51 interested stakeholders. 52 (3) QUALIFYING OFFENSES.—Nonviolent misdemeanor offenses 53 that qualify for a prearrest diversion program include, but are 54 not limited to: 55 (a) Disorderly conduct. 56 (b) An open house party in violation of s. 856.015(2). 57 (c) Petit theft of stolen property valued at less than $50. 58 (d) Possession of alcohol by a person younger than 21 years 59 of age. 60 (e) Possession of 20 grams or less of cannabis. 61 (f) Selling or providing alcoholic beverages to a minor. 62 (g) Trespass in a structure or conveyance. 63 (4) APPLICABILITY.—This section does not preempt a county 64 or municipality from enacting noncriminal sanctions for a 65 violation of an ordinance or other violation, and does not 66 preempt a county, a municipality, or a public or private 67 educational institution from creating its own model for a 68 prearrest diversion program for adults. 69 Section 2. This act shall take effect July 1, 2016. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete everything before the enacting clause 74 and insert: 75 A bill to be entitled 76 An act relating to prearrest diversion programs; 77 creating s. 901.40, F.S.; encouraging local 78 communities and public or private educational 79 institutions to implement prearrest diversion programs 80 for certain offenders; authorizing law enforcement 81 officers of participating law enforcement agencies, at 82 their sole discretion, to issue civil citations to 83 adults under specified circumstances; requiring an 84 adult who is issued a civil citation by a 85 participating law enforcement agency to report for 86 intake as required by the prearrest diversion program; 87 requiring the provision of appropriate behavioral 88 health care services; requiring that an adult who is 89 issued a civil citation fulfill a community service 90 requirement; providing for criminal prosecution of 91 adults who fail to complete the prearrest diversion 92 program; prohibiting an arrest record from being 93 associated with a certain offense for adults who 94 successfully complete the program; establishing a 95 steering committee for the prearrest diversion 96 program; providing duties and membership of the 97 committee; specifying the nonviolent misdemeanor 98 offenses that are eligible for the prearrest diversion 99 program; providing applicability; providing an 100 effective date.