Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 196
       
       
       
       
       
       
                                Ì811412jÎ811412                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/23/2017           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (343896) (with title
    2  amendment)
    3  
    4         Delete lines 15 - 140
    5  and insert:
    6         Section 1. Subsections (1), (2), and (3) of section
    7  943.0582, Florida Statutes, are amended to read:
    8         943.0582 Prearrest, postarrest, or teen court diversion
    9  program expunction.—
   10         (1) Notwithstanding any law dealing generally with the
   11  preservation and destruction of public records, the department
   12  shall adopt rules to may provide, by rule adopted pursuant to
   13  chapter 120, for the expunction of any nonjudicial records
   14  record of the arrest of a minor who has successfully completed a
   15  prearrest or postarrest diversion program for minors as
   16  authorized by s. 985.125.
   17         (2)(a) As used in this section, the term:
   18         (a) “Eligible offense” means a criminal offense to which
   19  the diversion program applies as determined under s. 985.125(1).
   20         (b) “Expunction” has the same meaning ascribed in and
   21  effect as s. 943.0585, except that:
   22         1. The provisions of s. 943.0585(4)(a) do not apply, except
   23  that the criminal history record of a person whose record is
   24  expunged pursuant to this section shall be made available only
   25  to criminal justice agencies for the purpose of determining
   26  eligibility for prearrest, postarrest, or teen court diversion
   27  programs; when the record is sought as part of a criminal
   28  investigation; or when the subject of the record is a candidate
   29  for employment with a criminal justice agency. For all other
   30  purposes, a person whose record is expunged under this section
   31  may lawfully deny or fail to acknowledge the arrest and the
   32  charge covered by the expunged record.
   33         2. Records maintained by local criminal justice agencies in
   34  the county in which the arrest occurred that are eligible for
   35  expunction pursuant to this section shall be sealed as the term
   36  is used in s. 943.059.
   37         (b) As used in this section, the term “nonviolent
   38  misdemeanor” includes simple assault or battery when prearrest
   39  or postarrest diversion expunction is approved in writing by the
   40  state attorney for the county in which the arrest occurred.
   41         (3) The department shall expunge the nonjudicial arrest
   42  record of a minor who has successfully completed a prearrest or
   43  postarrest diversion program if that minor meets all of the
   44  following conditions:
   45         (a) Submits an application for prearrest or postarrest
   46  diversion expunction, on a form prescribed by the department,
   47  signed by the minor’s parent or legal guardian, or by the minor
   48  if he or she has reached the age of majority at the time of
   49  applying.
   50         (b) Submits to the department, with the application, an
   51  official written statement from the state attorney for the
   52  county in which the arrest occurred certifying that he or she
   53  has successfully completed that county’s prearrest or postarrest
   54  diversion program, that his or her participation in the program
   55  was based on an arrest for an eligible offense a nonviolent
   56  misdemeanor, and that he or she has not otherwise been charged
   57  by the state attorney with, or found to have committed, any
   58  criminal offense or comparable ordinance violation.
   59         (c) Participated in a prearrest or postarrest diversion
   60  program that expressly authorizes or permits such expunction.
   61         (d) Participated in a prearrest or postarrest diversion
   62  program based on an arrest for a nonviolent misdemeanor that
   63  would not qualify as an act of domestic violence as that term is
   64  defined in s. 741.28.
   65         (e) Has never been, before filing the application for
   66  expunction, charged by the state attorney with, or found to have
   67  committed, any criminal offense or comparable ordinance
   68  violation.
   69         Section 2. Section 985.125, Florida Statutes, is amended to
   70  read:
   71         985.125 Prearrest or postarrest diversion programs.—
   72         (1) A law enforcement agency or school district, in
   73  cooperation with the state attorney, may establish a prearrest
   74  or postarrest diversion program. The diversion program, as
   75  determined by the agency or school district establishing the
   76  program, may be applicable to all, or a subset of, misdemeanor
   77  offenses.
   78         (2) As part of the prearrest or postarrest diversion
   79  program:,
   80         (a) A child who is alleged to have committed a delinquent
   81  act may be required to surrender his or her driver license, or
   82  refrain from applying for a driver license, for not more than 90
   83  days. If the child fails to comply with the requirements of the
   84  program, the state attorney may notify the Department of Highway
   85  Safety and Motor Vehicles in writing to suspend the child’s
   86  driver license for a period that may not exceed 90 days.
   87         (b)(3)The prearrest or postarrest diversion program may,
   88  upon agreement of the agencies that establish the program,
   89  provide for the expunction of The nonjudicial arrest record of a
   90  minor who successfully completes the such a program must be
   91  expunged if the requirements of pursuant to s. 943.0582 are
   92  satisfied.
   93         Section 3. Section 985.12, Florida Statutes, is amended to
   94  read:
   95         985.12 Civil citation and similar diversion programs.—
   96         (1)(a) There is established a process for the use of
   97  juvenile civil citation and similar diversion programs to
   98  provide process for the purpose of providing an efficient and
   99  innovative alternative to custody by the department of Juvenile
  100  Justice for juveniles children who commit nonserious delinquent
  101  acts and to ensure swift and appropriate consequences. The
  102  department shall encourage and assist in the implementation and
  103  improvement of civil citation and programs or other similar
  104  diversion programs in around the state.
  105         (b)One or more The civil citation or similar diversion
  106  programs program shall be established in each county which must
  107  individually or collectively serve all juveniles who are alleged
  108  to have committed a violation of law which would be a
  109  misdemeanor offense if committed by an adult. Such programs must
  110  meet the requirements of this section and be established at the
  111  local level with the concurrence of the chief judge of the
  112  circuit, state attorney, public defender, and the head of each
  113  local law enforcement agency involved. At least one program must
  114  be operated by the county. Additional programs The program may
  115  be operated by an entity such as a law enforcement agency, the
  116  department, a juvenile assessment center, the county or
  117  municipality, or another entity selected by the county or
  118  municipality. Any additional programs shall complement the
  119  established county program. An entity operating such a the civil
  120  citation or similar diversion program must do so in consultation
  121  and agreement with the state attorney and local law enforcement
  122  agencies.
  123         (2)As used in this section, the term:
  124         (a)“Law enforcement officer” has the same meaning as
  125  provided in s. 943.10.
  126         (b)“Misdemeanor offense” means one or more misdemeanor
  127  violations of law arising out of the same criminal episode, act,
  128  or transaction.
  129         (3) Under such a juvenile civil citation or similar
  130  diversion program, a law enforcement officer who makes, upon
  131  making contact with a juvenile who admits having committed a
  132  first-time misdemeanor offense: misdemeanor, may choose to issue
  133  a simple warning or inform the child’s guardian or parent of the
  134  child’s infraction, or may
  135         (a)Shall issue a civil citation to the juvenile, or
  136  require the juvenile’s participation in a similar diversion
  137  program, if the juvenile is younger than 14 years of age and if
  138  each violation of law in the misdemeanor offense is one of the
  139  following:
  140         1.Section 562.111, relating to possession of alcoholic
  141  beverages by persons younger than 21 years of age;
  142         2.Section 784.03(1), relating to battery. This
  143  subparagraph excludes battery related to domestic violence as
  144  defined in s. 741.28;
  145         3.Section 806.13, relating to criminal mischief;
  146         4.Section 810.08 or s. 810.09, relating to trespass;
  147         5.Section 812.014(2)(e) or (3)(a), relating to theft;
  148         6.Section 812.015(2), relating to retail and farm theft
  149  and transit fare evasion;
  150         7.Section 843.02, relating to resisting an officer without
  151  violence;
  152         8.Section 870.01(1), relating to affrays;
  153         9.Section 877.03, relating to disorderly conduct;
  154         10.Section 893.13(6)(b), relating to possession of certain
  155  amounts of cannabis;
  156         11.Section 893.147, relating to the use, possession,
  157  manufacture, delivery, transportation, advertisement, or retail
  158  sale of drug paraphernalia. This subparagraph applies only to
  159  the use, possession, manufacture, delivery, transportation,
  160  advertisement, or retail sale of drug paraphernalia related to
  161  cannabis; or
  162         12.Section 843.02, relating to resisting an officer
  163  without violence.
  164         (b)May issue a civil citation to the juvenile, or require
  165  the juvenile’s participation in a similar diversion program, if
  166  the violations of law are misdemeanors not enumerated in
  167  paragraph (a), or if the violations of law are one of the
  168  enumerated offenses in paragraph (a) and the juvenile is 14
  169  years of age or older.
  170         (4)Under a juvenile civil citation or similar diversion
  171  program, a law enforcement officer who makes contact with a
  172  juvenile who admits having committed a second-time or third-time
  173  misdemeanor offense may issue a civil citation to the juvenile
  174  or require the juvenile’s participation in a similar diversion
  175  program, regardless of whether the violations of law are in
  176  paragraph (3)(a).
  177         (5)If an arrest is made for a misdemeanor offense subject
  178  to paragraph (3)(b) or subsection (4), a law enforcement officer
  179  must provide written documentation as to why the arrest was
  180  warranted.
  181         (6)A law enforcement officer shall advise a juvenile who
  182  is subject to subsection (3) or subsection (4) that the juvenile
  183  has the option to refuse the civil citation or other similar
  184  diversion program and be referred to the department. This option
  185  may be exercised at any time before completion of the community
  186  service assignment required under subsection (8). Participation
  187  in a civil citation or similar diversion program is not
  188  considered a referral to the department.
  189         (7)Upon issuance of the civil citation or documentation
  190  requiring a similar diversion program, the law enforcement
  191  officer shall send a copy to the county sheriff, the state
  192  attorney, the department or the entity operating the program as
  193  designated by the department, the parent or guardian of the
  194  juvenile, and the victim. The entity operating the program shall
  195  enter such information into the juvenile justice information
  196  system.
  197         (8)A juvenile who elects to participate in a civil
  198  citation or similar diversion program shall complete, and assess
  199  up to 50 community service hours, and participate require
  200  participation in intervention services as indicated by an
  201  assessment of the needs of the juvenile, including family
  202  counseling, urinalysis monitoring, and substance abuse and
  203  mental health treatment services.
  204         (a)The juvenile shall report to the entity operating the
  205  program within 10 business days after the date of issuance of
  206  the civil citation or documentation for a similar diversion
  207  program. The juvenile shall spend a minimum of 5 hours per week
  208  completing the community service assignment. The entity
  209  operating the program shall immediately notify the department
  210  through the juvenile justice information system that a juvenile
  211  has reported to the entity operating the program and the
  212  expected date on which the juvenile will complete the community
  213  service assignment A copy of each citation issued under this
  214  section shall be provided to the department, and the department
  215  shall enter appropriate information into the juvenile offender
  216  information system. Use of the civil citation or similar
  217  diversion program is not limited to first-time misdemeanors and
  218  may be used in up to two subsequent misdemeanors. If an arrest
  219  is made, a law enforcement officer must provide written
  220  documentation as to why an arrest was warranted.
  221         (b) At the conclusion of a juvenile’s civil citation
  222  program or similar diversion program, the entity agency
  223  operating the program shall report the outcome of the program to
  224  the department.
  225         (c)If the juvenile fails to timely report for a community
  226  service assignment, complete such assignment, or comply with
  227  assigned intervention services within the prescribed time, the
  228  entity operating the program shall notify the law enforcement
  229  officer and the law enforcement officer shall proceed with an
  230  arrest of the juvenile.
  231         (d) If the juvenile commits a subsequent delinquent act
  232  then the entity operating the program shall notify the law
  233  enforcement officer and the law enforcement officer shall
  234  proceed with an arrest of the juvenile The issuance of a civil
  235  citation is not
  236  
  237  ================= T I T L E  A M E N D M E N T ================
  238  And the title is amended as follows:
  239         Delete line 3
  240  and insert:
  241         diversion programs; amending s. 943.0582, F.S.;
  242         requiring, rather than authorizing, the Department of
  243         Law Enforcement to adopt rules to provide for the
  244         expunction of nonjudicial records of the arrest of a
  245         minor; defining the term “eligible offense”; deleting
  246         the definition of the term “nonviolent misdemeanor”;
  247         revising the circumstances under which the department
  248         must expunge the nonjudicial arrest record of a minor
  249         who successfully completes a diversion program;
  250         amending s. 985.125, F.S.; specifying that the
  251         diversion program may apply to misdemeanor offenses;
  252         requiring the expunction of the nonjudicial arrest
  253         record of a minor who successfully satisfies certain
  254         requirements; amending s. 985.12, F.S.;