Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 618
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/17/2015           .                                

       The Committee on Criminal Justice (Evers) 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.—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.
   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.