Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 196
       
       
       
       
       
       
                                Ì343896ZÎ343896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2017           .                                
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       The Committee on Criminal Justice (Flores) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 31 - 140
    4  and insert:
    5  misdemeanor offense if committed by an adult. Such programs must
    6  meet the requirements of this section and be established at the
    7  local level with the concurrence of the chief judge of the
    8  circuit, state attorney, public defender, and the head of each
    9  local law enforcement agency involved. At least one program must
   10  be operated by the county. Additional programs The program may
   11  be operated by an entity such as a law enforcement agency, the
   12  department, a juvenile assessment center, the county or
   13  municipality, or another entity selected by the county or
   14  municipality. Any additional programs shall complement the
   15  established county program. An entity operating such a the civil
   16  citation or similar diversion program must do so in consultation
   17  and agreement with the state attorney and local law enforcement
   18  agencies.
   19         (2)As used in this section, the term:
   20         (a)“Law enforcement officer” has the same meaning as
   21  provided in s. 943.10.
   22         (b)“Misdemeanor offense” means one or more misdemeanor
   23  violations of law arising out of the same criminal episode, act,
   24  or transaction.
   25         (3) Under such a juvenile civil citation or similar
   26  diversion program, a law enforcement officer who makes, upon
   27  making contact with a juvenile who admits having committed a
   28  first-time misdemeanor offense: misdemeanor, may choose to issue
   29  a simple warning or inform the child’s guardian or parent of the
   30  child’s infraction, or may
   31         (a)Shall issue a civil citation to the juvenile or require
   32  the juvenile’s participation in a similar diversion program if
   33  each violation of law in the misdemeanor offense is one of the
   34  following:
   35         1.Section 562.111, relating to possession of alcoholic
   36  beverages by persons under age 21;
   37         2.Section 784.03(1), relating to battery;
   38         3.Section 806.13, relating to criminal mischief;
   39         4.Section 810.08 or s. 810.09, relating to trespass;
   40         5.Section 812.014(2)(e) or s. 812.014(3)(a), relating to
   41  theft;
   42         6.Section 812.015(2), relating to retail and farm theft;
   43         7. Section 856.021, relating to loitering or prowling;
   44         8.Section 870.01(1), relating to affrays and riots;
   45         9.Section 877.03, relating to disorderly conduct;
   46         10.Section 893.13(6)(b), relating to possession of certain
   47  amounts of cannabis or controlled substances;
   48         11.Section 893.147, relating to use, possession,
   49  manufacture, delivery, transportation, advertisement, or retail
   50  sale of drug paraphernalia; or
   51         12.Section 843.02, relating to resisting an officer
   52  without violence.
   53         (b)May issue a civil citation to the juvenile or require
   54  the juvenile’s participation in a similar diversion program if
   55  the violations of law are misdemeanors not enumerated in
   56  paragraph (a).
   57         (4)Under a juvenile civil citation or similar diversion
   58  program, a law enforcement officer who makes contact with a
   59  juvenile who admits having committed a second-time or third-time
   60  misdemeanor offense may issue a civil citation to the juvenile
   61  or require the juvenile’s participation in a similar diversion
   62  program, regardless of whether the violations of law are in
   63  paragraph (3)(a).
   64         (5)If an arrest is made for a misdemeanor offense subject
   65  to paragraph (3)(b) or subsection (4), a law enforcement officer
   66  must provide written documentation as to why the arrest was
   67  warranted.
   68         (6)A law enforcement officer shall advise a juvenile who
   69  is subject to subsection (3) or subsection (4) that the juvenile
   70  has the option to refuse the civil citation or other similar
   71  diversion program and be referred to the department. This option
   72  may be exercised at any time before completion of the community
   73  service assignment required under subsection (8). Participation
   74  in a civil citation or similar diversion program is not
   75  considered a referral to the department.
   76         (7)Upon issuance of the civil citation or documentation
   77  requiring a similar diversion program, the law enforcement
   78  officer shall send a copy to the county sheriff, the state
   79  attorney, the department or the entity operating the program as
   80  designated by the department, the parent or guardian of the
   81  juvenile, and the victim. The entity operating the program shall
   82  enter such information into the juvenile justice information
   83  system.
   84         (8)A juvenile who elects to participate in a civil
   85  citation or similar diversion program shall complete, and assess
   86  up to 50 community service hours, and participate require
   87  participation in intervention services as indicated by an
   88  assessment of the needs of the juvenile, including family
   89  counseling, urinalysis monitoring, and substance abuse and
   90  mental health treatment services.
   91         (a)The juvenile shall report to the entity operating the
   92  program within 10 business days after the date of issuance of
   93  the civil citation or documentation for a similar diversion
   94  program. The juvenile shall spend a minimum of 5 hours per week
   95  completing the community service assignment. The entity
   96  operating the program shall immediately notify the department
   97  through the juvenile justice information system that a juvenile
   98  has reported to the entity operating the program and the
   99  expected date on which the juvenile will complete the community
  100  service assignment A copy of each citation issued under this
  101  section shall be provided to the department, and the department
  102  shall enter appropriate information into the juvenile offender
  103  information system. Use of the civil citation or similar
  104  diversion program is not limited to first-time misdemeanors and
  105  may be used in up to two subsequent misdemeanors. If an arrest
  106  is made, a law enforcement officer must provide written
  107  documentation as to why an arrest was warranted.
  108         (b) At the conclusion of a juvenile’s civil citation
  109  program or similar diversion program, the entity agency
  110  operating the program shall report the outcome of the program to
  111  the department.
  112         (c)If the juvenile fails to timely report for a community
  113  service assignment, complete such assignment, or comply with
  114  assigned intervention services within the prescribed time, the
  115  entity operating the program shall notify the law enforcement
  116  officer and the law enforcement officer shall proceed with an
  117  arrest of the juvenile.
  118         (d) If the juvenile commits a subsequent delinquent act
  119  then the entity operating the program shall notify the law
  120  enforcement officer and the law enforcement officer shall
  121  proceed with an arrest of the juvenile The issuance of a civil
  122  citation is not