Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 618 Ì607808@Î607808 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/17/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Evers) 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.—The Legislature 8 encourages local communities and public or private educational 9 institutions to implement prearrest diversion programs that 10 afford certain adults who fulfill specified intervention and 11 community service obligations the opportunity to avoid an arrest 12 record. Such programs shall allow law enforcement officers, at 13 their sole discretion, to issue civil citations to certain 14 adults who commit misdemeanor offenses. A civil citation may be 15 issued under this section only if the adult admits that he or 16 she committed the offense and if the adult has not been 17 previously arrested as an adult for an offense. However, an 18 adult may not be issued a civil citation if the misdemeanor 19 offense involves a victim and the victim objects to issuance of 20 the civil citation. 21 (1) An adult who receives a civil citation shall report for 22 intake as required by the local prearrest diversion program and 23 shall be provided appropriate assessment, intervention, 24 education, and behavioral health care services. While in the 25 local prearrest diversion program, the adult shall perform 26 community service hours as specified by the local prearrest 27 diversion program. If the adult does not successfully complete 28 the prearrest diversion program, the law enforcement agency that 29 issued the civil citation shall criminally charge the adult for 30 the original offense and refer the case to the state attorney to 31 determine if prosecution is appropriate. If the adult 32 successfully completes the program, an arrest record may not be 33 associated with the offense. 34 (2) Misdemeanor offenses that qualify for a prearrest 35 diversion program include, but are not limited to: 36 (a) Disorderly conduct. 37 (b) Nondomestic assault as defined in s. 784.011 or 38 nondomestic battery as provided in s. 784.03(1). 39 (c) Open house parties. 40 (d) Petit theft of stolen property valued at less than $50. 41 (e) Possession of alcohol by a person younger than 21 years 42 of age. 43 (f) Possession of 20 grams or less of cannabis. 44 (g) Selling or providing alcoholic beverages to a minor. 45 (h) Trespass in structure or conveyance. 46 Section 2. This act shall take effect July 1, 2016. 47 48 ================= T I T L E A M E N D M E N T ================ 49 And the title is amended as follows: 50 Delete everything before the enacting clause 51 and insert: 52 A bill to be entitled 53 An act relating to prearrest diversion programs; 54 creating s. 901.40, F.S.; encouraging local 55 communities and public or private educational 56 institutions to implement prearrest diversion programs 57 for certain offenders; requiring that the programs 58 allow law enforcement officers of participating 59 agencies, at their sole discretion, to issue civil 60 citations to adults under specified circumstances; 61 prohibiting the issuance of the civil citation if the 62 misdemeanor offense involves a victim and he or she 63 objects to its issuance; requiring that an adult who 64 receives a civil citation from a participating law 65 enforcement agency report for intake as required by 66 the local prearrest diversion program; requiring the 67 provision of appropriate assessment, intervention, 68 education, and behavioral health care services; 69 requiring that an adult who is issued a citation 70 fulfill a community service requirement specified by 71 the local prearrest diversion program; requiring the 72 law enforcement agency that issued the civil citation 73 to criminally charge an adult who fails to complete 74 the prearrest diversion program and refer that adult 75 to the state attorney for prosecution; prohibiting the 76 association of an arrest record with adults who 77 successfully complete the program; specifying 78 misdemeanor offenses that qualify for the local 79 prearrest diversion program; providing an effective 80 date.