Florida Senate - 2016                                     SB 618
       By Senator Evers
       2-00321A-16                                            2016618__
    1                        A bill to be entitled                      
    2         An act relating to prearrest diversion programs;
    3         creating s. 901.40, F.S.; encouraging local
    4         communities to implement prearrest diversion programs
    5         for certain offenders; authorizing law enforcement
    6         officers of participating law enforcement agencies, at
    7         their sole discretion, to issue civil citations to
    8         adults under specified circumstances; requiring that
    9         an adult who is issued a civil citation by a
   10         participating law enforcement agency report for intake
   11         as required by the local prearrest diversion program;
   12         requiring the provision of appropriate behavioral
   13         health care services; requiring that an adult who is
   14         issued a citation fulfill a community service
   15         requirement specified by the local program; requiring
   16         the diversion program to refer for prosecution an
   17         adult who fails to complete the prearrest diversion
   18         program; authorizing a court to issue a bench warrant;
   19         requiring that there be no arrest record for adults
   20         who successfully complete the program; requiring local
   21         prearrest diversion programs to specify eligible
   22         misdemeanor offenses; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 901.40, Florida Statutes, is created to
   27  read:
   28         901.40Prearrest diversion programs.—The Legislature
   29  encourages local communities to implement prearrest diversion
   30  programs that afford certain adults who fulfill specified
   31  intervention and community service obligations the opportunity
   32  to avoid an arrest record. Such programs shall allow law
   33  enforcement officers, at their sole discretion, to issue civil
   34  citations to certain adults who commit nonviolent misdemeanor
   35  offenses. A civil citation may be issued under this section only
   36  if the adult admits that he or she committed the offense and if
   37  the alleged violation is the adult’s first offense.
   38         (1) An adult who receives a civil citation shall report for
   39  intake as required by the local prearrest diversion program and
   40  shall be provided appropriate behavioral health care services.
   41  While in the local prearrest diversion program, the adult shall
   42  perform community service hours as specified by the local
   43  prearrest diversion program. If the adult does not successfully
   44  complete the prearrest diversion program, he or she shall be
   45  referred back for prosecution by the law enforcement agency that
   46  issued the citation, and a bench warrant may be issued. If the
   47  adult successfully completes the program, an arrest record may
   48  not be associated with the offense.
   49         (2) A local prearrest diversion program shall specify the
   50  misdemeanor offenses that may be included in the diversion
   51  program.
   52         Section 2. This act shall take effect July 1, 2016.