Florida Senate - 2016                              CS for SB 618
       
       
        
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       
       591-01283-16                                           2016618c1
    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 and public or private educational
    5         institutions to implement prearrest diversion programs
    6         for certain offenders; requiring that the programs
    7         allow law enforcement officers of participating
    8         agencies, at their sole discretion, to issue civil
    9         citations to adults under specified circumstances;
   10         prohibiting the issuance of the civil citation if the
   11         misdemeanor offense involves a victim and he or she
   12         objects to its issuance; requiring that an adult who
   13         receives a civil citation from a participating law
   14         enforcement agency report for intake as required by
   15         the local prearrest diversion program; requiring the
   16         provision of appropriate assessment, intervention,
   17         education, and behavioral health care services;
   18         requiring that an adult who is issued a citation
   19         fulfill a community service requirement specified by
   20         the local prearrest diversion program; requiring the
   21         law enforcement agency that issued the civil citation
   22         to criminally charge an adult who fails to complete
   23         the prearrest diversion program and refer that adult
   24         to the state attorney for prosecution; prohibiting the
   25         association of an arrest record with adults who
   26         successfully complete the program; specifying
   27         misdemeanor offenses that qualify for the local
   28         prearrest diversion program; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 901.40, Florida Statutes, is created to
   34  read:
   35         901.40 Prearrest diversion programs.—The Legislature
   36  encourages local communities and public or private educational
   37  institutions to implement prearrest diversion programs that
   38  afford certain adults who fulfill specified intervention and
   39  community service obligations the opportunity to avoid an arrest
   40  record. Such programs shall allow law enforcement officers, at
   41  their sole discretion, to issue civil citations to certain
   42  adults who commit misdemeanor offenses. A civil citation may be
   43  issued under this section only if the adult admits that he or
   44  she committed the offense and if the adult has not been
   45  previously arrested as an adult for an offense. However, an
   46  adult may not be issued a civil citation if the misdemeanor
   47  offense involves a victim and the victim objects to issuance of
   48  the civil citation.
   49         (1) An adult who receives a civil citation shall report for
   50  intake as required by the local prearrest diversion program and
   51  shall be provided appropriate assessment, intervention,
   52  education, and behavioral health care services. While in the
   53  local prearrest diversion program, the adult shall perform
   54  community service hours as specified by the local prearrest
   55  diversion program. If the adult does not successfully complete
   56  the prearrest diversion program, the law enforcement agency that
   57  issued the civil citation shall criminally charge the adult for
   58  the original offense and refer the case to the state attorney to
   59  determine if prosecution is appropriate. If the adult
   60  successfully completes the program, an arrest record may not be
   61  associated with the offense.
   62         (2) Misdemeanor offenses that qualify for a prearrest
   63  diversion program include, but are not limited to:
   64         (a) Disorderly conduct.
   65         (b) Nondomestic assault as defined in s. 784.011 or
   66  nondomestic battery as provided in s. 784.03(1).
   67         (c) Open house parties.
   68         (d) Petit theft of stolen property valued at less than $50.
   69         (e) Possession of alcohol by a person younger than 21 years
   70  of age.
   71         (f) Possession of 20 grams or less of cannabis.
   72         (g) Selling or providing alcoholic beverages to a minor.
   73         (h) Trespass in structure or conveyance.
   74         Section 2. This act shall take effect July 1, 2016.