Florida Senate - 2017                       CS for CS for SB 196
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senators Flores, Bracy, Garcia, Baxley, Gibson, Steube,
       Rodriguez, Perry, Rouson, Powell, Rader, Clemens, Braynon,
       Farmer, Passidomo, Montford, and Benacquisto
       
       
       576-03787-17                                           2017196c2
    1                        A bill to be entitled                      
    2         An act relating to judicial resources; creating s.
    3         25.052, F.S.; requiring the Supreme Court to issue an
    4         annual report regarding certain cases; specifying data
    5         to be included in such report; providing for future
    6         legislative review and repeal; amending s. 985.12,
    7         F.S.; requiring the establishment of civil citation or
    8         similar diversion programs for juveniles in each
    9         county; providing definitions; specifying program
   10         eligibility, participation, and implementation
   11         requirements; providing exceptions; providing
   12         applicability; requiring the Department of Juvenile
   13         Justice to generate annual reports; requiring reports
   14         by specified dates; amending ss. 943.051 and 985.11,
   15         F.S.; conforming provisions to changes made by the
   16         act; amending s. 985.557, F.S.; requiring the
   17         department, beginning on a certain date, to collect
   18         specified information relating to children who qualify
   19         for prosecution as adults and for children who are
   20         transferred for criminal prosecution as adults;
   21         requiring the department to work with the Office of
   22         Program Policy Analysis and Government Accountability
   23         to generate a report analyzing the data of juveniles
   24         transferred for prosecution as adults during a certain
   25         period; requiring the department to provide the report
   26         to the Governor and the Legislature by a certain date;
   27         requiring the department to work with the Office of
   28         Program Policy Analysis and Government Accountability
   29         to generate an annual report to include certain
   30         information and provide it to the Governor and the
   31         Legislature by a specified date; providing
   32         severability; providing effective dates.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 25.052, Florida Statutes, is created to
   37  read:
   38         25.052Annual report.—
   39         (1)Between October 1 and October 15 of each year, the
   40  Supreme Court shall provide a report with data as of September
   41  30 of that year, to the Governor, the Attorney General, the
   42  President of the Senate, and the Speaker of the House of
   43  Representatives consisting of two parts.
   44         (a)In part I of the report, the court shall provide the
   45  following information regarding each case on the court’s docket
   46  as of September 30 of the current year, for which a decision or
   47  disposition has not been rendered within 180 days after oral
   48  argument was heard or after the date on which the case was
   49  submitted to the court panel for a decision without oral
   50  argument:
   51         1.The case name and number.
   52         2.The case type.
   53         3.A brief description of the case.
   54         4.The date on which the case was added to the court’s
   55  docket.
   56         5.The date of oral argument or the date the case was
   57  submitted to the court panel for decision without oral argument.
   58         6.The number of days that have elapsed since the date the
   59  oral argument was heard or the date the case was submitted to
   60  the court panel for a decision without oral argument.
   61         7.A detailed explanation of the court’s failure to render
   62  a decision or disposition within 180 days after oral argument
   63  was heard or after the date on which the case was submitted to
   64  the court panel for a decision without oral argument.
   65         8.The date on which, or the time period within which, the
   66  court expects to render a decision or disposition.
   67         (b)In part II of the report, the court shall provide the
   68  following information regarding each case decided or disposed of
   69  by the court between October 1 of the prior year and September
   70  30 of the current year, for which the decision or disposition
   71  was not rendered within 180 days after oral argument was heard
   72  or after the date on which the case was submitted to the court
   73  panel for a decision without oral argument:
   74         1.The information required in subparagraphs (a)1.-5. and
   75  7.
   76         2.The date that a decision or disposition was issued.
   77         3.The number of days that had elapsed between the date
   78  oral argument was heard or the date the case was submitted to
   79  the court panel for a decision without oral argument and the
   80  date on which a decision or disposition was issued.
   81         (2)The report shall be submitted in an electronic
   82  spreadsheet format capable of being sorted and filtered by the
   83  following elements:
   84         (a)The case number.
   85         (b)The case type.
   86         (c)The date on which the case was added to the court’s
   87  docket.
   88         (d)The date of oral argument or the date the case was
   89  submitted to the court panel for decision without oral argument.
   90         (e)The number of days that elapsed since the date oral
   91  argument was heard or the date the case was submitted to the
   92  court panel for a decision without oral argument.
   93         (f)The date of decision or disposition.
   94         (3)The case type of each case reported shall include
   95  civil, criminal not seeking the death penalty, criminal seeking
   96  the death penalty, court rules, bar discipline, or judicial
   97  discipline.
   98         (4) This section is repealed July 1, 2022, unless reviewed
   99  and reenacted by the Legislature before that date.
  100         Section 2. Effective October 1, 2017, section 985.12,
  101  Florida Statutes, is amended to read:
  102         985.12 Civil citation and similar diversion programs.—
  103         (1)As used in this section, the term:
  104         (a)“Law enforcement officer” has the same meaning as
  105  provided in s. 943.10.
  106         (b)“Misdemeanor offense” means one misdemeanor violation
  107  of law.
  108         (2)(a)(1) There is established a process for the use of
  109  juvenile civil citation and similar diversion programs to
  110  provide process for the purpose of providing an efficient and
  111  innovative alternative to custody by the department of Juvenile
  112  Justice for juveniles children who commit nonserious delinquent
  113  acts and to ensure swift and appropriate consequences. The
  114  department shall encourage and assist in the implementation and
  115  improvement of civil citation and programs or other similar
  116  diversion programs in around the state.
  117         (b)One or more The civil citation or similar diversion
  118  programs program shall be established in each county to serve
  119  juveniles who commit misdemeanor offenses as provided in this
  120  section. Such programs must meet the requirements of this
  121  section and be established at the local level with the
  122  concurrence of the chief judge of the circuit, state attorney,
  123  public defender, and the head of each local law enforcement
  124  agency involved. At least one program must be applicable
  125  countywide. The countywide program may be established by a
  126  county or by interlocal agreement pursuant to s. 163.01 by a
  127  county working jointly with any municipalities or other entities
  128  within the county’s boundaries or contiguous counties and any
  129  municipalities or other entities within the counties’
  130  boundaries. The program may be operated by an entity such as a
  131  law enforcement agency, the department, a juvenile assessment
  132  center, the county or municipality, or another entity selected
  133  by the county or municipality. Any additional programs shall
  134  complement the countywide program. Any program may work with any
  135  other program in the state to best serve the juveniles in the
  136  jurisdiction. An entity operating such a the civil citation or
  137  similar diversion program must do so in consultation and
  138  agreement with the state attorney and local law enforcement
  139  agencies.
  140         (3) Under such a juvenile civil citation or similar
  141  diversion program, a law enforcement officer who makes, upon
  142  making contact with a juvenile who admits having committed a
  143  misdemeanor offense for the first time misdemeanor, may:
  144         (a) Choose to issue a simple warning or inform the child’s
  145  guardian or parent of the child’s infraction;, or may
  146         (b) Issue a civil citation to the juvenile or require the
  147  juvenile’s participation in a similar diversion program, as
  148  follows:
  149         1.A law enforcement officer shall issue the citation if
  150  the violation of law is a misdemeanor offense and is one of the
  151  following:
  152         a.Section 562.111, relating to possession of alcoholic
  153  beverages by persons under age 21;
  154         b. Section 784.03(1), relating to battery. This sub
  155  subparagraph excludes battery relating to domestic violence as
  156  defined in s. 741.28;
  157         c.Section 806.13, relating to criminal mischief;
  158         d.Section 810.08 or s. 810.09, relating to trespass;
  159         e.Section 812.014(2)(e) or s. 812.014(3)(a), relating to
  160  theft;
  161         f.Section 812.015(2), relating to retail and farm theft;
  162         g. Section 856.021, relating to loitering or prowling;
  163         h.Section 870.01(1), relating to affrays and riots;
  164         i.Section 877.03, relating to disorderly conduct;
  165         j.Section 893.13(6)(b), relating to possession of certain
  166  amounts of cannabis;
  167         k.Section 893.147, relating to use, possession,
  168  manufacture, delivery, transportation, advertisement, or retail
  169  sale of drug paraphernalia; or
  170         l.Section 843.02, relating to resisting an officer without
  171  violence.
  172         2. A law enforcement officer may issue a civil citation to
  173  a juvenile or require the juvenile’s participation in a similar
  174  diversion program if the violation of law is a misdemeanor
  175  offense not enumerated in subparagraph 1.
  176         3. Notwithstanding subparagraph 1., a law enforcement
  177  officer may issue a civil citation to a juvenile or require the
  178  juvenile’s participation in a similar diversion program if the
  179  violations of law are more than one misdemeanor offense arising
  180  out of the same criminal episode.
  181         (4)Under a juvenile civil citation or similar diversion
  182  program, a law enforcement officer who makes contact with a
  183  juvenile who admits to having committed a misdemeanor offense
  184  and has one or two prior misdemeanors from a separate criminal
  185  episode may issue a civil citation to the juvenile or require
  186  the juvenile’s participation in a similar diversion program,
  187  regardless of whether the violations of law are enumerated in
  188  subparagraph (3)(b)1.
  189         (5) Under a juvenile civil citation or similar diversion
  190  program, a law enforcement officer who makes contact with a
  191  juvenile who admits to having committed a misdemeanor offense
  192  and is currently alleged to have committed, or is currently
  193  charged with and awaiting final disposition, of an offense that
  194  would be a felony, may issue a civil citation to the juvenile or
  195  require the juvenile’s participation in a similar diversion
  196  program, regardless of whether the violations of law are
  197  enumerated in subparagraph (3)(b)1.
  198         (6)If an arrest is made for a misdemeanor offense subject
  199  to subparagraph (3)(b)2., subparagraph (3)(b)3., subsection (4),
  200  or subsection (5), a law enforcement officer must provide
  201  written documentation as to why the arrest was warranted.
  202         (7)A law enforcement officer shall advise a juvenile
  203  eligible to receive a civil citation under subsection (3), (4),
  204  or (5) that he or she has the option to refuse the civil
  205  citation or other similar diversion program and be referred to
  206  the department. This option may be exercised at any time before
  207  completion of the community service assignment required under
  208  subsection (9). Participation in a civil citation or similar
  209  diversion program is not considered a referral to the
  210  department.
  211         (8)Upon issuance of the civil citation or documentation
  212  requiring a similar diversion program, the law enforcement
  213  officer shall send a copy to the county sheriff, the state
  214  attorney, the department or the entity operating the program as
  215  designated by the department, the parent or guardian of the
  216  juvenile, and the victim. The entity operating the program shall
  217  enter such information into the juvenile justice information
  218  system.
  219         (9)A juvenile who elects to participate in a civil
  220  citation or similar diversion program shall complete, and assess
  221  up to 50 community service hours, and participate require
  222  participation in intervention services as indicated by an
  223  assessment of the needs of the juvenile, including family
  224  counseling, urinalysis monitoring, and substance abuse and
  225  mental health treatment services.
  226         (a)The juvenile shall report to the entity operating the
  227  program within 10 business days after the date of issuance of
  228  the civil citation or documentation for a similar diversion
  229  program. The juvenile shall spend a minimum of 5 hours per week
  230  completing the community service assignment. The entity
  231  operating the program shall immediately notify the department
  232  through the juvenile justice information system that a juvenile
  233  has reported to the entity operating the program and the
  234  expected date on which the juvenile will complete the community
  235  service assignment A copy of each citation issued under this
  236  section shall be provided to the department, and the department
  237  shall enter appropriate information into the juvenile offender
  238  information system. Use of the civil citation or similar
  239  diversion program is not limited to first-time misdemeanors and
  240  may be used in up to two subsequent misdemeanors. If an arrest
  241  is made, a law enforcement officer must provide written
  242  documentation as to why an arrest was warranted.
  243         (b) At the conclusion of a juvenile’s civil citation
  244  program or similar diversion program, the entity agency
  245  operating the program shall report the outcome of the program to
  246  the department.
  247         (c)If the juvenile fails to timely report for a community
  248  service assignment, complete such assignment, or comply with
  249  assigned intervention services within the prescribed time, the
  250  entity operating the program shall notify the law enforcement
  251  officer. The law enforcement officer shall determine if there is
  252  good cause to arrest the juvenile for the original misdemeanor
  253  offense and refer the case to the state attorney or allow the
  254  juvenile to continue in the program.
  255         (d) If the juvenile commits a subsequent delinquent act
  256  then the entity operating the program shall notify the law
  257  enforcement officer and the law enforcement officer shall arrest
  258  the juvenile for the original misdemeanor offense and refer the
  259  case to the state attorney The issuance of a civil citation is
  260  not considered a referral to the department.
  261         (10)(2) The department shall develop guidelines for the
  262  civil citation and similar diversion programs program which
  263  include intervention services that are based on upon proven
  264  civil citation or similar diversion programs in within the
  265  state. The department shall generate a report annually on the
  266  best practices of the programs. The department must provide the
  267  report annually to the Governor, the President of the Senate,
  268  and the Speaker of the House of Representatives no later than
  269  January 31 each year. The department must also provide an
  270  electronic copy of the annual report to the civil citation and
  271  similar diversion programs no later than January 31 of each
  272  year.
  273         (11) The department shall generate a report annually on
  274  participation and outcomes for civil citation and similar
  275  diversion programs, reported as statewide aggregate data and
  276  data for each civil citation and similar diversion program from
  277  the previous calendar year. The annual report shall be available
  278  on the department’s website no later than January 31 of each
  279  year. The department must also provide an electronic copy of the
  280  annual report to each civil citation and similar diversion
  281  program. At a minimum, the data shall include:
  282         (a) The race, ethnicity, gender, and age of the juvenile;
  283         (b) The juvenile’s county of residence;
  284         (c) The misdemeanor offenses committed;
  285         (d) The county where the misdemeanor offenses were
  286  committed;
  287         (e) Whether the juvenile has previously participated in a
  288  civil citation or similar diversion program;
  289         (f) Whether the juvenile successfully completed or failed
  290  to complete a civil citation or similar diversion program; and
  291         (g) Recidivism data for juveniles in paragraph (f).
  292         (12)This section does not apply to:
  293         (a)A juvenile who has entered a plea of nolo contendere or
  294  guilty to, or has been found to have committed, an offense that
  295  would be a felony if committed by an adult.
  296         (b)A misdemeanor offense arising out of a criminal episode
  297  in which the juvenile is also alleged to have committed an
  298  offense that would be a felony if committed by an adult.
  299         (3)Upon issuing such citation, the law enforcement officer
  300  shall send a copy to the county sheriff, state attorney, the
  301  appropriate intake office of the department, or the community
  302  service performance monitor designated by the department, the
  303  parent or guardian of the child, and the victim.
  304         (4)The child shall report to the community service
  305  performance monitor within 7 working days after the date of
  306  issuance of the citation. The work assignment shall be
  307  accomplished at a rate of not less than 5 hours per week. The
  308  monitor shall advise the intake office immediately upon
  309  reporting by the child to the monitor, that the child has in
  310  fact reported and the expected date upon which completion of the
  311  work assignment will be accomplished.
  312         (5)If the child fails to report timely for a work
  313  assignment, complete a work assignment, or comply with assigned
  314  intervention services within the prescribed time, or if the
  315  juvenile commits a subsequent misdemeanor, the law enforcement
  316  officer shall issue a report alleging the child has committed a
  317  delinquent act, at which point a juvenile probation officer
  318  shall process the original delinquent act as a referral to the
  319  department and refer the report to the state attorney for
  320  review.
  321         (6)At the time of issuance of the citation by the law
  322  enforcement officer, such officer shall advise the child that
  323  the child has the option to refuse the citation and to be
  324  referred to the intake office of the department. That option may
  325  be exercised at any time before completion of the work
  326  assignment.
  327         Section 3. Effective October 1, 2017, paragraph (b) of
  328  subsection (3) of section 943.051, Florida Statutes, is amended
  329  to read:
  330         943.051 Criminal justice information; collection and
  331  storage; fingerprinting.—
  332         (3)
  333         (b) A minor who is charged with or found to have committed
  334  the following offenses shall be fingerprinted and the
  335  fingerprints shall be submitted electronically to the
  336  department, unless the minor participates in is issued a civil
  337  citation or similar diversion program pursuant to s. 985.12:
  338         1. Assault, as defined in s. 784.011.
  339         2. Battery, as defined in s. 784.03.
  340         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  341         4. Unlawful use of destructive devices or bombs, as defined
  342  in s. 790.1615(1).
  343         5. Neglect of a child, as defined in s. 827.03(1)(e).
  344         6. Assault or battery on a law enforcement officer, a
  345  firefighter, or other specified officers, as defined in s.
  346  784.07(2)(a) and (b).
  347         7. Open carrying of a weapon, as defined in s. 790.053.
  348         8. Exposure of sexual organs, as defined in s. 800.03.
  349         9. Unlawful possession of a firearm, as defined in s.
  350  790.22(5).
  351         10. Petit theft, as defined in s. 812.014(3).
  352         11. Cruelty to animals, as defined in s. 828.12(1).
  353         12. Arson, as defined in s. 806.031(1).
  354         13. Unlawful possession or discharge of a weapon or firearm
  355  at a school-sponsored event or on school property, as provided
  356  in s. 790.115.
  357         Section 4. Effective October 1, 2017, paragraph (b) of
  358  subsection (1) of section 985.11, Florida Statutes, is amended
  359  to read:
  360         985.11 Fingerprinting and photographing.—
  361         (1)
  362         (b) Unless the child is participating in is issued a civil
  363  citation or is participating in a similar diversion program
  364  pursuant to s. 985.12, a child who is charged with or found to
  365  have committed one of the following offenses shall be
  366  fingerprinted, and the fingerprints shall be submitted to the
  367  Department of Law Enforcement as provided in s. 943.051(3)(b):
  368         1. Assault, as defined in s. 784.011.
  369         2. Battery, as defined in s. 784.03.
  370         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  371         4. Unlawful use of destructive devices or bombs, as defined
  372  in s. 790.1615(1).
  373         5. Neglect of a child, as defined in s. 827.03(1)(e).
  374         6. Assault on a law enforcement officer, a firefighter, or
  375  other specified officers, as defined in s. 784.07(2)(a).
  376         7. Open carrying of a weapon, as defined in s. 790.053.
  377         8. Exposure of sexual organs, as defined in s. 800.03.
  378         9. Unlawful possession of a firearm, as defined in s.
  379  790.22(5).
  380         10. Petit theft, as defined in s. 812.014.
  381         11. Cruelty to animals, as defined in s. 828.12(1).
  382         12. Arson, resulting in bodily harm to a firefighter, as
  383  defined in s. 806.031(1).
  384         13. Unlawful possession or discharge of a weapon or firearm
  385  at a school-sponsored event or on school property as defined in
  386  s. 790.115.
  387  
  388  A law enforcement agency may fingerprint and photograph a child
  389  taken into custody upon probable cause that such child has
  390  committed any other violation of law, as the agency deems
  391  appropriate. Such fingerprint records and photographs shall be
  392  retained by the law enforcement agency in a separate file, and
  393  these records and all copies thereof must be marked “Juvenile
  394  Confidential.” These records are not available for public
  395  disclosure and inspection under s. 119.07(1) except as provided
  396  in ss. 943.053 and 985.04(2), but shall be available to other
  397  law enforcement agencies, criminal justice agencies, state
  398  attorneys, the courts, the child, the parents or legal
  399  custodians of the child, their attorneys, and any other person
  400  authorized by the court to have access to such records. In
  401  addition, such records may be submitted to the Department of Law
  402  Enforcement for inclusion in the state criminal history records
  403  and used by criminal justice agencies for criminal justice
  404  purposes. These records may, in the discretion of the court, be
  405  open to inspection by anyone upon a showing of cause. The
  406  fingerprint and photograph records shall be produced in the
  407  court whenever directed by the court. Any photograph taken
  408  pursuant to this section may be shown by a law enforcement
  409  officer to any victim or witness of a crime for the purpose of
  410  identifying the person who committed such crime.
  411         Section 5. Subsection (5) is added to section 985.557,
  412  Florida Statutes, to read:
  413         985.557 Direct filing of an information; discretionary and
  414  mandatory criteria.—
  415         (5) DATA COLLECTION RELATING TO DIRECT FILE.—
  416         (a) Beginning March 1, 2018, the department shall collect
  417  data relating to children who qualify to be prosecuted as adults
  418  under this section and s. 985.556 regardless of the outcome of
  419  the case, including, but not limited to:
  420         1. Age.
  421         2. Race and ethnicity.
  422         3. Gender.
  423         4. Circuit and county of residence.
  424         5. Circuit and county of offense.
  425         6. Prior adjudications or adjudications withheld.
  426         7. Prior periods of probation including any violations of
  427  probation.
  428         8. Previous contacts with law enforcement agencies or the
  429  court which resulted in a civil citation, arrest, or charges
  430  being filed with the state.
  431         9. Initial charges.
  432         10. Charges at disposition.
  433         11. Whether child codefendants were involved who were
  434  transferred to adult court.
  435         12. Whether the child was represented by counsel or whether
  436  the child waived counsel.
  437         13. Risk assessment instrument score.
  438         14. The child’s medical, mental health, substance abuse, or
  439  trauma history.
  440         15. The child’s history of mental impairment or disability
  441  related accommodations.
  442         16. The child’s history of abuse or neglect.
  443         17. The child’s history of foster care placements,
  444  including the number of prior placements.
  445         18. Whether the child has below-average intellectual
  446  functioning.
  447         19. Whether the child has received mental health services
  448  or treatment.
  449         20. Whether the child has been the subject of a child-in
  450  need-of-services or families-in-need-of-services petition or a
  451  dependency petition.
  452         21. Whether the child was transferred for criminal
  453  prosecution as an adult.
  454         22. The case resolution in juvenile court.
  455         23. The case resolution in adult court.
  456         (b) Beginning March 1, 2018, for a child transferred for
  457  criminal prosecution as an adult, the department shall also
  458  collect:
  459         1. Disposition data, including, but not limited to, whether
  460  the child received adult sanctions, juvenile sanctions, or
  461  diversion and, if sentenced to prison, the length of the prison
  462  sentence or the enhanced sentence; and
  463         2. Whether the child was previously found incompetent to
  464  proceed in juvenile court.
  465         (c) For every juvenile case transferred between July 1,
  466  2016, and June 30, 2017, the department shall work with the
  467  Office of Program Policy Analysis and Government Accountability
  468  to generate a report analyzing the aggregated data. The
  469  department must provide this report to the Governor, the
  470  President of the Senate, and the Speaker of the House of
  471  Representatives by January 31, 2018.
  472         (d) The department must work with the Office of Program
  473  Policy Analysis and Government Accountability to generate a
  474  report analyzing the aggregated data collected under paragraphs
  475  (a) and (b) on an annual basis. The department must provide this
  476  report annually to the Governor, the President of the Senate,
  477  and the Speaker of the House of Representatives no later than
  478  January 31 of the following calendar year.
  479         Section 6. If any provision of this act or its application
  480  to any person or circumstance is held invalid, the invalidity
  481  does not affect other provisions or applications of the act
  482  which can be given effect without the invalid provision or
  483  application, and to this end the provisions of this act are
  484  severable.
  485         Section 7. Except as otherwise expressly provided in this
  486  act, this act shall take effect July 1, 2017.