Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 618
       
       
       
       
       
       
                                Ì750328,Î750328                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2016           .                                
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       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 43 - 87
    4  and insert:
    5  obligations. If a prearrest diversion program is implemented,
    6  the program must share information with other prearrest
    7  diversion programs.
    8         (2) MODEL ADULT CIVIL CITATION PROGRAM.—Local communities
    9  and public or private educational institutions may adopt a
   10  program that does the following:
   11         (a) Law enforcement officers, at their sole discretion, may
   12  issue civil citations to certain adults who commit a qualifying
   13  nonviolent misdemeanor offense listed in subsection (3). A civil
   14  citation may be issued only if the adult admits that he or she
   15  committed the offense and if the adult has not previously been
   16  arrested and has not received an adult civil citation. However,
   17  an adult may not be issued a civil citation if the nonviolent
   18  misdemeanor offense involves a victim and the victim objects to
   19  issuance of the civil citation.
   20         (b) An adult who receives a civil citation shall report for
   21  intake as required by the local prearrest diversion program and
   22  shall be provided appropriate assessment, intervention,
   23  education, and behavioral health care services. While in the
   24  local prearrest diversion program, the adult shall perform
   25  community service hours as specified by the local prearrest
   26  diversion program. The adult shall pay restitution due to the
   27  victim as a requirement of the prearrest diversion program. If
   28  the adult does not successfully complete the prearrest diversion
   29  program, the law enforcement agency that issued the civil
   30  citation shall criminally charge the adult for the original
   31  offense and refer the case to the state attorney to determine if
   32  prosecution is appropriate. If the adult successfully completes
   33  the program, an arrest record may not be associated with the
   34  offense.
   35         (c) A steering committee shall be created for the prearrest
   36  diversion program to develop policies and procedures for the
   37  program, including, but not limited to, eligibility criteria,
   38  program implementation and operation, and the fee to be paid by
   39  adults participating in the program. At a minimum, the steering
   40  committee must be composed of representatives of the law
   41  enforcement agencies participating in the program, a
   42  representative of the program services provider, and other
   43  interested stakeholders.
   44         (3) QUALIFYING OFFENSES.—Nonviolent misdemeanor offenses
   45  that qualify for a prearrest diversion program include, but are
   46  not limited to:
   47         (a) Disorderly conduct in violation of s. 877.03.
   48         (b) An open house party in violation of s. 856.015.
   49         (c) Petit theft of property valued at less than $50 in
   50  violation of s. 812.014.
   51         (d) Possession of alcohol by a person younger than 21 years
   52  of age in violation of s. 856.015.
   53         (e) Possession of 20 grams or less of cannabis in violation
   54  of s. 893.13.
   55         (f) Selling or providing alcoholic beverages to a minor in
   56  violation of s. 562.11.
   57         (g) Trespass in a structure or conveyance in violation of
   58  s. 810.08.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 6 - 16
   63  and insert:
   64         for certain offenders; requiring that a prearrest
   65         diversion program share information with other
   66         prearrest diversion programs under certain
   67         circumstances; authorizing law enforcement officers of
   68         participating law enforcement agencies, at their sole
   69         discretion, to issue civil citations to adults under
   70         specified circumstances; requiring an adult who is
   71         issued a civil citation by a participating law
   72         enforcement agency to report for intake as required by
   73         the prearrest diversion program; requiring the
   74         provision of appropriate behavioral health care
   75         services; requiring that an adult who is issued a
   76         civil citation fulfill a community service
   77         requirement; requiring the adult to pay restitution to
   78         a victim; providing for criminal prosecution of