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
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.
34 Be It Enacted by the Legislature of the State of Florida:
36 Section 1. Section 25.052, Florida Statutes, is created to
38 25.052 Annual 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
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
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
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
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
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.
(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
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
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
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
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
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
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
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
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
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
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.—
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.
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.—
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.
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.
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
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
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
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
485 Section 7. Except as otherwise expressly provided in this
486 act, this act shall take effect July 1, 2017.