Florida Senate - 2016 CS for CS for CS for SB 618 By the Committees on Fiscal Policy; Community Affairs; and Criminal Justice; and Senator Evers 594-02691-16 2016618c3 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 a prearrest 7 diversion program share information with other 8 prearrest diversion programs under certain 9 circumstances; authorizing law enforcement officers of 10 participating law enforcement agencies, at their sole 11 discretion, to issue civil citations to adults under 12 specified circumstances; requiring an adult who is 13 issued a civil citation by a participating law 14 enforcement agency to report for intake as required by 15 the prearrest diversion program; requiring the 16 provision of appropriate behavioral health care 17 services; requiring that an adult who is issued a 18 civil citation fulfill a community service 19 requirement; requiring the adult to pay restitution to 20 a victim; providing for criminal prosecution of adults 21 who fail to complete the prearrest diversion program; 22 prohibiting an arrest record from being associated 23 with a certain offense for adults who successfully 24 complete the program; establishing a steering 25 committee for the prearrest diversion program; 26 providing duties and membership of the committee; 27 specifying the nonviolent misdemeanor offenses that 28 are eligible for the prearrest diversion program; 29 providing applicability; providing an effective 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.— 36 (1) INTENT.—The Legislature encourages local communities 37 and public or private educational institutions to implement 38 prearrest diversion programs that afford certain adults who 39 fulfill specified intervention and community service obligations 40 the opportunity to avoid an arrest record. The Legislature does 41 not mandate that a particular prearrest diversion program for 42 adults be adopted, but finds that the adoption of the model 43 provided in this section would allow certain adults to avoid an 44 arrest record, while ensuring that those adults receive 45 appropriate intervention and fulfill community service 46 obligations. If a prearrest diversion program is implemented, 47 the program must share information with other prearrest 48 diversion programs. 49 (2) MODEL ADULT CIVIL CITATION PROGRAM.—Local communities 50 and public or private educational institutions may adopt a 51 program in which: 52 (a) Law enforcement officers, at their sole discretion, may 53 issue civil citations to certain adults who commit a qualifying 54 nonviolent misdemeanor offense listed in subsection (3). A civil 55 citation may be issued only if the adult admits that he or she 56 committed the offense and if the adult has not previously been 57 arrested and has not received an adult civil citation. However, 58 an adult may not be issued a civil citation if the nonviolent 59 misdemeanor offense involves a victim and the victim objects to 60 issuance of the civil citation. 61 (b) An adult who receives a civil citation shall report for 62 intake as required by the local prearrest diversion program and 63 shall be provided appropriate assessment, intervention, 64 education, and behavioral health care services. While in the 65 local prearrest diversion program, the adult shall perform 66 community service hours as specified by the local prearrest 67 diversion program. The adult shall pay restitution due to the 68 victim as a requirement of the prearrest diversion program. If 69 the adult does not successfully complete the prearrest diversion 70 program, the law enforcement agency that issued the civil 71 citation shall criminally charge the adult for the original 72 offense and refer the case to the state attorney to determine if 73 prosecution is appropriate. If the adult successfully completes 74 the program, an arrest record may not be associated with the 75 offense. 76 (c) A steering committee shall be created for the prearrest 77 diversion program to develop policies and procedures for the 78 program, including, but not limited to, eligibility criteria, 79 program implementation and operation, and the fee to be paid by 80 adults participating in the program. At a minimum, the steering 81 committee must be composed of representatives of the law 82 enforcement agencies participating in the program, a 83 representative of the program services provider, a public 84 defender or his or her designee, a state attorney or his or her 85 designee, a clerk of the circuit court or his or her designee, 86 and other interested stakeholders. 87 (3) QUALIFYING OFFENSES.—Nonviolent misdemeanor offenses 88 that qualify for a prearrest diversion program include, but are 89 not limited to: 90 (a) Disorderly conduct in violation of s. 877.03. 91 (b) An open house party in violation of s. 856.015. 92 (c) Petit theft of property valued at less than $50 in 93 violation of s. 812.014. 94 (d) Possession of alcohol by a person younger than 21 years 95 of age in violation of s. 856.015. 96 (e) Possession of 20 grams or less of cannabis in violation 97 of s. 893.13. 98 (f) Selling or providing alcoholic beverages to a minor in 99 violation of s. 562.11. 100 (g) Trespass in a structure or conveyance in violation of 101 s. 810.08. 102 (4) APPLICABILITY.—This section does not preempt a county 103 or municipality from enacting noncriminal sanctions for a 104 violation of an ordinance or other violation, and does not 105 preempt a county, a municipality, or a public or private 106 educational institution from creating its own model for a 107 prearrest diversion program for adults. 108 Section 2. This act shall take effect July 1, 2016.