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