Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 196
       
       
       
       
       
                               Ì918062"Î918062                          
       
       576-02204-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to juvenile civil citation and similar
    3         diversion programs; amending s. 985.12, F.S.;
    4         requiring the establishment of civil citation or
    5         similar diversion programs for juveniles; providing
    6         definitions; specifying program eligibility,
    7         participation, and implementation requirements;
    8         providing exceptions; providing applicability;
    9         amending ss. 943.051 and 985.11, F.S.; conforming
   10         provisions to changes made by the act; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15  Section 1. Section 985.12, Florida Statutes, is amended to read:
   16         985.12 Civil citation and similar diversion programs.—
   17         (1)As used in this section, the term:
   18         (a)“Law enforcement officer” has the same meaning as
   19  provided in s. 943.10.
   20         (b)“Misdemeanor offense” means one misdemeanor violation
   21  of law.
   22         (2)(a)(1) There is established a process for the use of
   23  juvenile civil citation and similar diversion programs to
   24  provide process for the purpose of providing an efficient and
   25  innovative alternative to custody by the department of Juvenile
   26  Justice for juveniles children who commit nonserious delinquent
   27  acts and to ensure swift and appropriate consequences. The
   28  department shall encourage and assist in the implementation and
   29  improvement of civil citation and programs or other similar
   30  diversion programs in around the state.
   31         (b)One or more The civil citation or similar diversion
   32  programs program shall be established in each county to serve
   33  juveniles who commit misdemeanor offenses as provided in this
   34  section. Such programs must meet the requirements of this
   35  section and be established at the local level with the
   36  concurrence of the chief judge of the circuit, state attorney,
   37  public defender, and the head of each local law enforcement
   38  agency involved. At least one program must be applicable
   39  countywide. The countywide program may be established by a
   40  county or by interlocal agreement pursuant to s. 163.01 by a
   41  county working jointly with any municipalities or other entities
   42  within the county’s boundaries or contiguous counties and any
   43  municipalities or other entities within the counties’
   44  boundaries. The program may be operated by an entity such as a
   45  law enforcement agency, the department, a juvenile assessment
   46  center, the county or municipality, or another entity selected
   47  by the county or municipality. Any additional programs shall
   48  complement the countywide program. Any program may work with any
   49  other program in the state to best serve the juveniles in the
   50  jurisdiction. An entity operating such a the civil citation or
   51  similar diversion program must do so in consultation and
   52  agreement with the state attorney and local law enforcement
   53  agencies.
   54         (3) Under such a juvenile civil citation or similar
   55  diversion program, a law enforcement officer who makes, upon
   56  making contact with a juvenile who admits having committed a
   57  misdemeanor offense for the first time misdemeanor, may:
   58         (a) Choose to issue a simple warning or inform the child’s
   59  guardian or parent of the child’s infraction;, or may
   60         (b) Issue a civil citation to the juvenile or require the
   61  juvenile’s participation in a similar diversion program, as
   62  follows:
   63         1.The officer shall issue the citation if the violation of
   64  law is a misdemeanor offense and is one of the following:
   65         a.Section 562.111, relating to possession of alcoholic
   66  beverages by persons under age 21;
   67         b. Section 784.03(1), relating to battery;
   68         c.Section 806.13, relating to criminal mischief;
   69         d.Section 810.08 or s. 810.09, relating to trespass;
   70         e.Section 812.014(2)(e) or s. 812.014(3)(a), relating to
   71  theft;
   72         f.Section 812.015(2), relating to retail and farm theft;
   73         g. Section 856.021, relating to loitering or prowling;
   74         h.Section 870.01(1), relating to affrays and riots;
   75         i.Section 877.03, relating to disorderly conduct;
   76         j.Section 893.13(6)(b), relating to possession of certain
   77  amounts of cannabis;
   78         k.Section 893.147, relating to use, possession,
   79  manufacture, delivery, transportation, advertisement, or retail
   80  sale of drug paraphernalia; or
   81         l.Section 843.02, relating to resisting an officer without
   82  violence.
   83         2. The officer may issue a civil citation to the juvenile
   84  or require the juvenile’s participation in a similar diversion
   85  program if the violation of law is a misdemeanor not enumerated
   86  in subparagraph 1.
   87         (4)Under a juvenile civil citation or similar diversion
   88  program, a law enforcement officer who makes contact with a
   89  juvenile who admits to having committed a misdemeanor offense
   90  and has one or two prior misdemeanors from a separate criminal
   91  episode may issue a civil citation to the juvenile or require
   92  the juvenile’s participation in a similar diversion program,
   93  regardless of whether the violations of law are enumerated in
   94  subparagraph (3)(b)1.
   95         (5) Under a juvenile civil citation or similar diversion
   96  program, a law enforcement officer who makes contact with a
   97  juvenile who admits to having committed a misdemeanor offense
   98  and is currently alleged to have committed, or is currently
   99  charged with and awaiting final disposition, of an offense that
  100  would be a felony, may issue a civil citation to the juvenile or
  101  require the juvenile’s participation in a similar diversion
  102  program, regardless of whether the violations of law are
  103  enumerated in subparagraph (3)(b)1.
  104         (6)If an arrest is made for a misdemeanor offense subject
  105  to paragraph (3)(b)2., subsection (4), or subsection (5) a law
  106  enforcement officer must provide written documentation as to why
  107  the arrest was warranted.
  108         (7)A law enforcement officer shall advise a juvenile
  109  eligible to receive a civil citation under subsection (3),(4),
  110  or (5) that he or she has the option to refuse the civil
  111  citation or other similar diversion program and be referred to
  112  the department. This option may be exercised at any time before
  113  completion of the community service assignment required under
  114  subsection (9). Participation in a civil citation or similar
  115  diversion program is not considered a referral to the
  116  department.
  117         (8)Upon issuance of the civil citation or documentation
  118  requiring a similar diversion program, the law enforcement
  119  officer shall send a copy to the county sheriff, the state
  120  attorney, the department or the entity operating the program as
  121  designated by the department, the parent or guardian of the
  122  juvenile, and the victim. The entity operating the program shall
  123  enter such information into the juvenile justice information
  124  system.
  125         (9)A juvenile who elects to participate in a civil
  126  citation or similar diversion program shall complete, and assess
  127  up to 50 community service hours, and participate require
  128  participation in intervention services as indicated by an
  129  assessment of the needs of the juvenile, including family
  130  counseling, urinalysis monitoring, and substance abuse and
  131  mental health treatment services.
  132         (a)The juvenile shall report to the entity operating the
  133  program within 10 business days after the date of issuance of
  134  the civil citation or documentation for a similar diversion
  135  program. The juvenile shall spend a minimum of 5 hours per week
  136  completing the community service assignment. The entity
  137  operating the program shall immediately notify the department
  138  through the juvenile justice information system that a juvenile
  139  has reported to the entity operating the program and the
  140  expected date on which the juvenile will complete the community
  141  service assignment A copy of each citation issued under this
  142  section shall be provided to the department, and the department
  143  shall enter appropriate information into the juvenile offender
  144  information system. Use of the civil citation or similar
  145  diversion program is not limited to first-time misdemeanors and
  146  may be used in up to two subsequent misdemeanors. If an arrest
  147  is made, a law enforcement officer must provide written
  148  documentation as to why an arrest was warranted.
  149         (b) At the conclusion of a juvenile’s civil citation
  150  program or similar diversion program, the entity agency
  151  operating the program shall report the outcome of the program to
  152  the department.
  153         (c)If the juvenile fails to timely report for a community
  154  service assignment, complete such assignment, or comply with
  155  assigned intervention services within the prescribed time, the
  156  entity operating the program shall notify the law enforcement
  157  officer. The law enforcement officer shall determine if there is
  158  good cause to arrest the juvenile for the original misdemeanor
  159  offense and refer the case to the state attorney or allow the
  160  juvenile to continue in the program.
  161         (d) If the juvenile commits a subsequent delinquent act
  162  then the entity operating the program shall notify the law
  163  enforcement officer and the law enforcement officer shall arrest
  164  the juvenile for the original misdemeanor offense and refer the
  165  case to the state attorney. The issuance of a civil citation is
  166  not considered a referral to the department.
  167         (10)(2) The department shall develop guidelines for the
  168  civil citation and similar diversion programs program which
  169  include intervention services that are based on upon proven
  170  civil citation or similar diversion programs in within the
  171  state. The department shall report annually on best practices of
  172  the programs.
  173         (11)This section does not apply to:
  174         (a)A juvenile who has entered a plea of nolo contendere or
  175  guilty to, or has been found to have committed, an offense that
  176  would be a felony if committed by an adult.
  177         (b)A misdemeanor offense arising out of a criminal episode
  178  in which the juvenile is also alleged to have committed an
  179  offense that would be a felony if committed by an adult.
  180         (3)Upon issuing such citation, the law enforcement officer
  181  shall send a copy to the county sheriff, state attorney, the
  182  appropriate intake office of the department, or the community
  183  service performance monitor designated by the department, the
  184  parent or guardian of the child, and the victim.
  185         (4)The child shall report to the community service
  186  performance monitor within 7 working days after the date of
  187  issuance of the citation. The work assignment shall be
  188  accomplished at a rate of not less than 5 hours per week. The
  189  monitor shall advise the intake office immediately upon
  190  reporting by the child to the monitor, that the child has in
  191  fact reported and the expected date upon which completion of the
  192  work assignment will be accomplished.
  193         (5)If the child fails to report timely for a work
  194  assignment, complete a work assignment, or comply with assigned
  195  intervention services within the prescribed time, or if the
  196  juvenile commits a subsequent misdemeanor, the law enforcement
  197  officer shall issue a report alleging the child has committed a
  198  delinquent act, at which point a juvenile probation officer
  199  shall process the original delinquent act as a referral to the
  200  department and refer the report to the state attorney for
  201  review.
  202         (6)At the time of issuance of the citation by the law
  203  enforcement officer, such officer shall advise the child that
  204  the child has the option to refuse the citation and to be
  205  referred to the intake office of the department. That option may
  206  be exercised at any time before completion of the work
  207  assignment.
  208         Section 2. Paragraph (b) of subsection (3) of section
  209  943.051, Florida Statutes, is amended to read:
  210         943.051 Criminal justice information; collection and
  211  storage; fingerprinting.—
  212         (3)
  213         (b) A minor who is charged with or found to have committed
  214  the following offenses shall be fingerprinted and the
  215  fingerprints shall be submitted electronically to the
  216  department, unless the minor participates in is issued a civil
  217  citation or similar diversion program pursuant to s. 985.12:
  218         1. Assault, as defined in s. 784.011.
  219         2. Battery, as defined in s. 784.03.
  220         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  221         4. Unlawful use of destructive devices or bombs, as defined
  222  in s. 790.1615(1).
  223         5. Neglect of a child, as defined in s. 827.03(1)(e).
  224         6. Assault or battery on a law enforcement officer, a
  225  firefighter, or other specified officers, as defined in s.
  226  784.07(2)(a) and (b).
  227         7. Open carrying of a weapon, as defined in s. 790.053.
  228         8. Exposure of sexual organs, as defined in s. 800.03.
  229         9. Unlawful possession of a firearm, as defined in s.
  230  790.22(5).
  231         10. Petit theft, as defined in s. 812.014(3).
  232         11. Cruelty to animals, as defined in s. 828.12(1).
  233         12. Arson, as defined in s. 806.031(1).
  234         13. Unlawful possession or discharge of a weapon or firearm
  235  at a school-sponsored event or on school property, as provided
  236  in s. 790.115.
  237         Section 3. Paragraph (b) of subsection (1) of section
  238  985.11, Florida Statutes, is amended to read:
  239         985.11 Fingerprinting and photographing.—
  240         (1)
  241         (b) Unless the child is participating in is issued a civil
  242  citation or is participating in a similar diversion program
  243  pursuant to s. 985.12, a child who is charged with or found to
  244  have committed one of the following offenses shall be
  245  fingerprinted, and the fingerprints shall be submitted to the
  246  Department of Law Enforcement as provided in s. 943.051(3)(b):
  247         1. Assault, as defined in s. 784.011.
  248         2. Battery, as defined in s. 784.03.
  249         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  250         4. Unlawful use of destructive devices or bombs, as defined
  251  in s. 790.1615(1).
  252         5. Neglect of a child, as defined in s. 827.03(1)(e).
  253         6. Assault on a law enforcement officer, a firefighter, or
  254  other specified officers, as defined in s. 784.07(2)(a).
  255         7. Open carrying of a weapon, as defined in s. 790.053.
  256         8. Exposure of sexual organs, as defined in s. 800.03.
  257         9. Unlawful possession of a firearm, as defined in s.
  258  790.22(5).
  259         10. Petit theft, as defined in s. 812.014.
  260         11. Cruelty to animals, as defined in s. 828.12(1).
  261         12. Arson, resulting in bodily harm to a firefighter, as
  262  defined in s. 806.031(1).
  263         13. Unlawful possession or discharge of a weapon or firearm
  264  at a school-sponsored event or on school property as defined in
  265  s. 790.115.
  266  
  267  A law enforcement agency may fingerprint and photograph a child
  268  taken into custody upon probable cause that such child has
  269  committed any other violation of law, as the agency deems
  270  appropriate. Such fingerprint records and photographs shall be
  271  retained by the law enforcement agency in a separate file, and
  272  these records and all copies thereof must be marked “Juvenile
  273  Confidential.” These records are not available for public
  274  disclosure and inspection under s. 119.07(1) except as provided
  275  in ss. 943.053 and 985.04(2), but shall be available to other
  276  law enforcement agencies, criminal justice agencies, state
  277  attorneys, the courts, the child, the parents or legal
  278  custodians of the child, their attorneys, and any other person
  279  authorized by the court to have access to such records. In
  280  addition, such records may be submitted to the Department of Law
  281  Enforcement for inclusion in the state criminal history records
  282  and used by criminal justice agencies for criminal justice
  283  purposes. These records may, in the discretion of the court, be
  284  open to inspection by anyone upon a showing of cause. The
  285  fingerprint and photograph records shall be produced in the
  286  court whenever directed by the court. Any photograph taken
  287  pursuant to this section may be shown by a law enforcement
  288  officer to any victim or witness of a crime for the purpose of
  289  identifying the person who committed such crime.
  290         Section 4. This act shall take effect October 1, 2017.