Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 618
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2016           .                                

       The Committee on Community Affairs (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 901.40, Florida Statutes, is created to
    6  read:
    7         901.40Prearrest 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.
   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.
   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.