CS for CS for CS for SB 618                First Engrossed (ntc)
    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.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 901.40, Florida Statutes, is created to
   34  read:
   35         901.40Prearrest 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. 562.111.
   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.