Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (918062) for CS for SB 196
       
       
       
       
       
       
                                Ì610616ÉÎ610616                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.052, Florida Statutes, is created to
    6  read:
    7         25.052Annual report.—
    8         (1)Between October 1 and October 15 of each year, the
    9  Supreme Court shall provide a report with data as of September
   10  30 of that year, to the Governor, the Attorney General, the
   11  President of the Senate, and the Speaker of the House of
   12  Representatives consisting of two parts.
   13         (a)In part I of the report, the court shall provide the
   14  following information regarding each case on the court’s docket
   15  as of September 30 of the current year, for which a decision or
   16  disposition has not been rendered within 180 days after oral
   17  argument was heard or after the date on which the case was
   18  submitted to the court panel for a decision without oral
   19  argument:
   20         1.The case name and number.
   21         2.The case type.
   22         3.A brief description of the case.
   23         4.The date on which the case was added to the court’s
   24  docket.
   25         5.The date of oral argument or the date the case was
   26  submitted to the court panel for decision without oral argument.
   27         6.The number of days that have elapsed since the date the
   28  oral argument was heard or the date the case was submitted to
   29  the court panel for a decision without oral argument.
   30         7.A detailed explanation of the court’s failure to render
   31  a decision or disposition within 180 days after oral argument
   32  was heard or after the date on which the case was submitted to
   33  the court panel for a decision without oral argument.
   34         8.The date on which, or the time period within which, the
   35  court expects to render a decision or disposition.
   36         (b)In part II of the report, the court shall provide the
   37  following information regarding each case decided or disposed of
   38  by the court between October 1 of the prior year and September
   39  30 of the current year, for which the decision or disposition
   40  was not rendered within 180 days after oral argument was heard
   41  or after the date on which the case was submitted to the court
   42  panel for a decision without oral argument:
   43         1.The information required in subparagraphs (a)1.-5. and
   44  7.
   45         2.The date that a decision or disposition was issued.
   46         3.The number of days that had elapsed between the date
   47  oral argument was heard or the date the case was submitted to
   48  the court panel for a decision without oral argument and the
   49  date on which a decision or disposition was issued.
   50         (2)The report shall be submitted in an electronic
   51  spreadsheet format capable of being sorted and filtered by the
   52  following elements:
   53         (a)The case number.
   54         (b)The case type.
   55         (c)The date on which the case was added to the court’s
   56  docket.
   57         (d)The date of oral argument or the date the case was
   58  submitted to the court panel for decision without oral argument.
   59         (e)The number of days that elapsed since the date oral
   60  argument was heard or the date the case was submitted to the
   61  court panel for a decision without oral argument.
   62         (f)The date of decision or disposition.
   63         (3)The case type of each case reported shall include
   64  civil, criminal not seeking the death penalty, criminal seeking
   65  the death penalty, court rules, bar discipline, or judicial
   66  discipline.
   67         (4) This section is repealed July 1, 2022, unless reviewed
   68  and reenacted by the Legislature before that date.
   69         Section 2. Effective October 1, 2017, section 985.12,
   70  Florida Statutes, is amended to read:
   71         985.12 Civil citation and similar diversion programs.—
   72         (1)As used in this section, the term:
   73         (a)“Law enforcement officer” has the same meaning as
   74  provided in s. 943.10.
   75         (b)“Misdemeanor offense” means one misdemeanor violation
   76  of law.
   77         (2)(a)(1) There is established a process for the use of
   78  juvenile civil citation and similar diversion programs to
   79  provide process for the purpose of providing an efficient and
   80  innovative alternative to custody by the department of Juvenile
   81  Justice for juveniles children who commit nonserious delinquent
   82  acts and to ensure swift and appropriate consequences. The
   83  department shall encourage and assist in the implementation and
   84  improvement of civil citation and programs or other similar
   85  diversion programs in around the state.
   86         (b)One or more The civil citation or similar diversion
   87  programs program shall be established in each county to serve
   88  juveniles who commit misdemeanor offenses as provided in this
   89  section. Such programs must meet the requirements of this
   90  section and be established at the local level with the
   91  concurrence of the chief judge of the circuit, state attorney,
   92  public defender, and the head of each local law enforcement
   93  agency involved. At least one program must be applicable
   94  countywide. The countywide program may be established by a
   95  county or by interlocal agreement pursuant to s. 163.01 by a
   96  county working jointly with any municipalities or other entities
   97  within the county’s boundaries or contiguous counties and any
   98  municipalities or other entities within the counties’
   99  boundaries. The program may be operated by an entity such as a
  100  law enforcement agency, the department, a juvenile assessment
  101  center, the county or municipality, or another entity selected
  102  by the county or municipality. Any additional programs shall
  103  complement the countywide program. Any program may work with any
  104  other program in the state to best serve the juveniles in the
  105  jurisdiction. An entity operating such a the civil citation or
  106  similar diversion program must do so in consultation and
  107  agreement with the state attorney and local law enforcement
  108  agencies.
  109         (3) Under such a juvenile civil citation or similar
  110  diversion program, a law enforcement officer who makes, upon
  111  making contact with a juvenile who admits having committed a
  112  misdemeanor offense for the first time misdemeanor, may:
  113         (a) Choose to issue a simple warning or inform the child’s
  114  guardian or parent of the child’s infraction;, or may
  115         (b) Issue a civil citation to the juvenile or require the
  116  juvenile’s participation in a similar diversion program, as
  117  follows:
  118         1.A law enforcement officer shall issue the citation if
  119  the violation of law is a misdemeanor offense and is one of the
  120  following:
  121         a.Section 562.111, relating to possession of alcoholic
  122  beverages by persons under age 21;
  123         b. Section 784.03(1), relating to battery. This sub
  124  subparagraph excludes battery relating to domestic violence as
  125  defined in s. 741.28;
  126         c.Section 806.13, relating to criminal mischief;
  127         d.Section 810.08 or s. 810.09, relating to trespass;
  128         e.Section 812.014(2)(e) or s. 812.014(3)(a), relating to
  129  theft;
  130         f.Section 812.015(2), relating to retail and farm theft;
  131         g. Section 856.021, relating to loitering or prowling;
  132         h.Section 870.01(1), relating to affrays and riots;
  133         i.Section 877.03, relating to disorderly conduct;
  134         j.Section 893.13(6)(b), relating to possession of certain
  135  amounts of cannabis;
  136         k.Section 893.147, relating to use, possession,
  137  manufacture, delivery, transportation, advertisement, or retail
  138  sale of drug paraphernalia; or
  139         l.Section 843.02, relating to resisting an officer without
  140  violence.
  141         2. A law enforcement officer may issue a civil citation to
  142  a juvenile or require the juvenile’s participation in a similar
  143  diversion program if the violation of law is a misdemeanor
  144  offense not enumerated in subparagraph 1.
  145         3. Notwithstanding subparagraph 1., a law enforcement
  146  officer may issue a civil citation to a juvenile or require the
  147  juvenile's participation in a similar diversion program if the
  148  violations of law are more than one misdemeanor offense arising
  149  out of the same criminal episode.
  150         (4)Under a juvenile civil citation or similar diversion
  151  program, a law enforcement officer who makes contact with a
  152  juvenile who admits to having committed a misdemeanor offense
  153  and has one or two prior misdemeanors from a separate criminal
  154  episode may issue a civil citation to the juvenile or require
  155  the juvenile’s participation in a similar diversion program,
  156  regardless of whether the violations of law are enumerated in
  157  subparagraph (3)(b)1.
  158         (5) Under a juvenile civil citation or similar diversion
  159  program, a law enforcement officer who makes contact with a
  160  juvenile who admits to having committed a misdemeanor offense
  161  and is currently alleged to have committed, or is currently
  162  charged with and awaiting final disposition, of an offense that
  163  would be a felony, may issue a civil citation to the juvenile or
  164  require the juvenile’s participation in a similar diversion
  165  program, regardless of whether the violations of law are
  166  enumerated in subparagraph (3)(b)1.
  167         (6)If an arrest is made for a misdemeanor offense subject
  168  to paragraph (3)(b)2., paragraph (3)(b)3., subsection (4), or
  169  subsection (5) a law enforcement officer must provide written
  170  documentation as to why the arrest was warranted.
  171         (7)A law enforcement officer shall advise a juvenile
  172  eligible to receive a civil citation under subsection (3), (4),
  173  or (5) that he or she has the option to refuse the civil
  174  citation or other similar diversion program and be referred to
  175  the department. This option may be exercised at any time before
  176  completion of the community service assignment required under
  177  subsection (9). Participation in a civil citation or similar
  178  diversion program is not considered a referral to the
  179  department.
  180         (8)Upon issuance of the civil citation or documentation
  181  requiring a similar diversion program, the law enforcement
  182  officer shall send a copy to the county sheriff, the state
  183  attorney, the department or the entity operating the program as
  184  designated by the department, the parent or guardian of the
  185  juvenile, and the victim. The entity operating the program shall
  186  enter such information into the juvenile justice information
  187  system.
  188         (9)A juvenile who elects to participate in a civil
  189  citation or similar diversion program shall complete, and assess
  190  up to 50 community service hours, and participate require
  191  participation in intervention services as indicated by an
  192  assessment of the needs of the juvenile, including family
  193  counseling, urinalysis monitoring, and substance abuse and
  194  mental health treatment services.
  195         (a)The juvenile shall report to the entity operating the
  196  program within 10 business days after the date of issuance of
  197  the civil citation or documentation for a similar diversion
  198  program. The juvenile shall spend a minimum of 5 hours per week
  199  completing the community service assignment. The entity
  200  operating the program shall immediately notify the department
  201  through the juvenile justice information system that a juvenile
  202  has reported to the entity operating the program and the
  203  expected date on which the juvenile will complete the community
  204  service assignment A copy of each citation issued under this
  205  section shall be provided to the department, and the department
  206  shall enter appropriate information into the juvenile offender
  207  information system. Use of the civil citation or similar
  208  diversion program is not limited to first-time misdemeanors and
  209  may be used in up to two subsequent misdemeanors. If an arrest
  210  is made, a law enforcement officer must provide written
  211  documentation as to why an arrest was warranted.
  212         (b) At the conclusion of a juvenile’s civil citation
  213  program or similar diversion program, the entity agency
  214  operating the program shall report the outcome of the program to
  215  the department.
  216         (c)If the juvenile fails to timely report for a community
  217  service assignment, complete such assignment, or comply with
  218  assigned intervention services within the prescribed time, the
  219  entity operating the program shall notify the law enforcement
  220  officer. The law enforcement officer shall determine if there is
  221  good cause to arrest the juvenile for the original misdemeanor
  222  offense and refer the case to the state attorney or allow the
  223  juvenile to continue in the program.
  224         (d) If the juvenile commits a subsequent delinquent act
  225  then the entity operating the program shall notify the law
  226  enforcement officer and the law enforcement officer shall arrest
  227  the juvenile for the original misdemeanor offense and refer the
  228  case to the state attorney. The issuance of a civil citation is
  229  not considered a referral to the department.
  230         (10)(2) The department shall develop guidelines for the
  231  civil citation and similar diversion programs program which
  232  include intervention services that are based on upon proven
  233  civil citation or similar diversion programs in within the
  234  state. The department shall generate a report annually on the
  235  best practices of the programs. The department must provide the
  236  report annually to the Governor, the President of the Senate,
  237  and the Speaker of the House of Representatives no later than
  238  January 31 each year. The department must also provide an
  239  electronic copy of the annual report to the civil citation and
  240  similar diversion programs no later than January 31 each year.
  241         (11) The department shall generate a report annually on
  242  participation and outcomes for civil citation and similar
  243  diversion programs, reported as statewide aggregate data and
  244  data for each civil citation and similar diversion program from
  245  the previous calendar year. The annual report shall be available
  246  on the department's website no later than January 31, of each
  247  year. The department must also provide an electronic copy of the
  248  annual report to each civil citation and similar diversion
  249  program. At a minimum, the data shall include:
  250         (a) Race, ethnicity, gender and age of the juvenile;
  251         (b) The juvenile's county of residence;
  252         (c) The misdemeanor offenses committed;
  253         (d) The county where the misdemeanor offenses were
  254  committed;
  255         (e) Whether the juvenile has previously participated in a
  256  civil citation or similar diversion program;
  257         (f) Whether the juvenile successfully completed or failed
  258  to complete a civil citation or similar diversion program; and
  259         (g) Recidivism data for juveniles in paragraph (f).
  260         (12)This section does not apply to:
  261         (a)A juvenile who has entered a plea of nolo contendere or
  262  guilty to, or has been found to have committed, an offense that
  263  would be a felony if committed by an adult.
  264         (b)A misdemeanor offense arising out of a criminal episode
  265  in which the juvenile is also alleged to have committed an
  266  offense that would be a felony if committed by an adult.
  267         (3)Upon issuing such citation, the law enforcement officer
  268  shall send a copy to the county sheriff, state attorney, the
  269  appropriate intake office of the department, or the community
  270  service performance monitor designated by the department, the
  271  parent or guardian of the child, and the victim.
  272         (4)The child shall report to the community service
  273  performance monitor within 7 working days after the date of
  274  issuance of the citation. The work assignment shall be
  275  accomplished at a rate of not less than 5 hours per week. The
  276  monitor shall advise the intake office immediately upon
  277  reporting by the child to the monitor, that the child has in
  278  fact reported and the expected date upon which completion of the
  279  work assignment will be accomplished.
  280         (5)If the child fails to report timely for a work
  281  assignment, complete a work assignment, or comply with assigned
  282  intervention services within the prescribed time, or if the
  283  juvenile commits a subsequent misdemeanor, the law enforcement
  284  officer shall issue a report alleging the child has committed a
  285  delinquent act, at which point a juvenile probation officer
  286  shall process the original delinquent act as a referral to the
  287  department and refer the report to the state attorney for
  288  review.
  289         (6)At the time of issuance of the citation by the law
  290  enforcement officer, such officer shall advise the child that
  291  the child has the option to refuse the citation and to be
  292  referred to the intake office of the department. That option may
  293  be exercised at any time before completion of the work
  294  assignment.
  295         Section 3. Effective October 1, 2017, paragraph (b) of
  296  subsection (3) of section 943.051, Florida Statutes, is amended
  297  to read:
  298         943.051 Criminal justice information; collection and
  299  storage; fingerprinting.—
  300         (3)
  301         (b) A minor who is charged with or found to have committed
  302  the following offenses shall be fingerprinted and the
  303  fingerprints shall be submitted electronically to the
  304  department, unless the minor participates in is issued a civil
  305  citation or similar diversion program pursuant to s. 985.12:
  306         1. Assault, as defined in s. 784.011.
  307         2. Battery, as defined in s. 784.03.
  308         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  309         4. Unlawful use of destructive devices or bombs, as defined
  310  in s. 790.1615(1).
  311         5. Neglect of a child, as defined in s. 827.03(1)(e).
  312         6. Assault or battery on a law enforcement officer, a
  313  firefighter, or other specified officers, as defined in s.
  314  784.07(2)(a) and (b).
  315         7. Open carrying of a weapon, as defined in s. 790.053.
  316         8. Exposure of sexual organs, as defined in s. 800.03.
  317         9. Unlawful possession of a firearm, as defined in s.
  318  790.22(5).
  319         10. Petit theft, as defined in s. 812.014(3).
  320         11. Cruelty to animals, as defined in s. 828.12(1).
  321         12. Arson, as defined in s. 806.031(1).
  322  13. Unlawful possession or discharge of a weapon or firearm at a
  323  school-sponsored event or on school property, as provided in s.
  324  790.115.
  325         Section 4. Effective October 1, 2017, paragraph (b) of
  326  subsection (1) of section 985.11, Florida Statutes, is amended
  327  to read:
  328         985.11 Fingerprinting and photographing.—
  329         (1)
  330         (b) Unless the child is participating in is issued a civil
  331  citation or is participating in a similar diversion program
  332  pursuant to s. 985.12, a child who is charged with or found to
  333  have committed one of the following offenses shall be
  334  fingerprinted, and the fingerprints shall be submitted to the
  335  Department of Law Enforcement as provided in s. 943.051(3)(b):
  336         1. Assault, as defined in s. 784.011.
  337         2. Battery, as defined in s. 784.03.
  338         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  339         4. Unlawful use of destructive devices or bombs, as defined
  340  in s. 790.1615(1).
  341         5. Neglect of a child, as defined in s. 827.03(1)(e).
  342         6. Assault on a law enforcement officer, a firefighter, or
  343  other specified officers, as defined in s. 784.07(2)(a).
  344         7. Open carrying of a weapon, as defined in s. 790.053.
  345         8. Exposure of sexual organs, as defined in s. 800.03.
  346         9. Unlawful possession of a firearm, as defined in s.
  347  790.22(5).
  348         10. Petit theft, as defined in s. 812.014.
  349         11. Cruelty to animals, as defined in s. 828.12(1).
  350         12. Arson, resulting in bodily harm to a firefighter, as
  351  defined in s. 806.031(1).
  352         13. Unlawful possession or discharge of a weapon or firearm
  353  at a school-sponsored event or on school property as defined in
  354  s. 790.115.
  355  
  356  A law enforcement agency may fingerprint and photograph a child
  357  taken into custody upon probable cause that such child has
  358  committed any other violation of law, as the agency deems
  359  appropriate. Such fingerprint records and photographs shall be
  360  retained by the law enforcement agency in a separate file, and
  361  these records and all copies thereof must be marked “Juvenile
  362  Confidential.” These records are not available for public
  363  disclosure and inspection under s. 119.07(1) except as provided
  364  in ss. 943.053 and 985.04(2), but shall be available to other
  365  law enforcement agencies, criminal justice agencies, state
  366  attorneys, the courts, the child, the parents or legal
  367  custodians of the child, their attorneys, and any other person
  368  authorized by the court to have access to such records. In
  369  addition, such records may be submitted to the Department of Law
  370  Enforcement for inclusion in the state criminal history records
  371  and used by criminal justice agencies for criminal justice
  372  purposes. These records may, in the discretion of the court, be
  373  open to inspection by anyone upon a showing of cause. The
  374  fingerprint and photograph records shall be produced in the
  375  court whenever directed by the court. Any photograph taken
  376  pursuant to this section may be shown by a law enforcement
  377  officer to any victim or witness of a crime for the purpose of
  378  identifying the person who committed such crime.
  379         Section 5. Subsection (5) is added to section 985.557,
  380  Florida Statutes, to read:
  381         985.557 Direct filing of an information; discretionary and
  382  mandatory criteria.—
  383         (5) DATA COLLECTION RELATING TO DIRECT FILE.—
  384         (a) Beginning March 1, 2018, the department shall collect
  385  data relating to children who qualify to be prosecuted as adults
  386  under this section and s. 985.556 regardless of the outcome of
  387  the case, including, but not limited to:
  388         1. Age.
  389         2. Race and ethnicity.
  390         3. Gender.
  391         4. Circuit and county of residence.
  392         5. Circuit and county of offense.
  393         6. Prior adjudications or adjudications withheld.
  394         7. Prior periods of probation including any violations of
  395  probation.
  396         8. Previous contacts with law enforcement agencies or the
  397  court which resulted in a civil citation, arrest, or charges
  398  being filed with the state.
  399         9. Initial charges.
  400         10. Charges at disposition.
  401         11. Whether child codefendants were involved who were
  402  transferred to adult court.
  403         12. Whether the child was represented by counsel or whether
  404  the child waived counsel.
  405         13. Risk assessment instrument score.
  406         14. The child’s medical, mental health, substance abuse, or
  407  trauma history.
  408         15. The child’s history of mental impairment or disability
  409  related accommodations.
  410         16. The child’s history of abuse or neglect.
  411         17. The child’s history of foster care placements,
  412  including the number of prior placements.
  413         18. Whether the child has below-average intellectual
  414  functioning.
  415         19. Whether the child has received mental health services
  416  or treatment.
  417         20. Whether the child has been the subject of a child-in
  418  need-of-services or families-in-need-of-services petition or a
  419  dependency petition.
  420         21. Whether the child was transferred for criminal
  421  prosecution as an adult.
  422         22. The case resolution in juvenile court.
  423         23. The case resolution in adult court.
  424         (b) Beginning March 1, 2018, for a child transferred for
  425  criminal prosecution as an adult, the department shall also
  426  collect:
  427         1. Disposition data, including, but not limited to, whether
  428  the child received adult sanctions, juvenile sanctions, or
  429  diversion and, if sentenced to prison, the length of the prison
  430  sentence or the enhanced sentence; and
  431         2. Whether the child was previously found incompetent to
  432  proceed in juvenile court.
  433         (c) For every juvenile case transferred between July 1,
  434  2016, and June 30, 2017, the department shall work with the
  435  Office of Program Policy Analysis and Government Accountability
  436  to generate a report analyzing the aggregated data. The
  437  department must provide this report to the Governor, the
  438  President of the Senate, and the Speaker of the House of
  439  Representatives by January 31, 2018.
  440         (d) The department must work with the Office of Program
  441  Policy Analysis and Government Accountability to generate a
  442  report analyzing the aggregated data under paragraphs (a) and
  443  (b) on an annual basis. The department must provide this report
  444  annually to the Governor, the President of the Senate, and the
  445  Speaker of the House of Representatives no later than January 31
  446  of the following calendar year.
  447         Section 6. If any provision of this act or its application
  448  to any person or circumstance is held invalid, the invalidity
  449  does not affect other provisions or applications of the act
  450  which can be given effect without the invalid provision or
  451  application, and to this end the provisions of this act are
  452  severable.
  453         Section 7. Except as otherwise provided, this act shall
  454  take effect July 1, 2017.
  455  
  456  ================= T I T L E  A M E N D M E N T ================
  457  And the title is amended as follows:
  458         Delete everything before the enacting clause
  459  and insert:
  460                        A bill to be entitled                      
  461         An act relating to Judicial Resources; creating s.
  462         25.052, F.S.; requiring the Supreme Court to issue an
  463         annual report regarding certain cases; specifying data
  464         to be included in such report; providing for future
  465         legislative review and repeal; amending s. 985.12,
  466         F.S.; requiring the establishment of civil citation or
  467         similar diversion programs for juveniles; providing
  468         definitions; specifying program eligibility,
  469         participation, and implementation requirements;
  470         providing exceptions; providing applicability;
  471         requiring the Department of Juvenile Justice generate
  472         annual reports; requiring reports by specified dates;
  473         amending ss. 943.051 and 985.11, F.S.; conforming
  474         provisions to changes made by the act; amending s.
  475         985.557, F.S.; requiring the department, beginning on
  476         a certain date, to collect specified information
  477         relating to children who qualify for prosecution as
  478         adults and for children who are transferred for
  479         criminal prosecution as adults; requiring the
  480         department to work with the Office of Program Policy
  481         Analysis and Government Accountability to generate a
  482         report analyzing the data of juveniles transferred for
  483         prosecution as adults during a certain period;
  484         requiring the department to provide the report to the
  485         Governor and the Legislature by a certain date;
  486         requiring the department to work with the Office of
  487         Program Policy Analysis and Government Accountability
  488         to generate an annual report to include certain
  489         information and provide it to the Governor and the
  490         Legislature by a specified date; providing
  491         severability; providing effective dates.