Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 448
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                

       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 81 - 104
    4  and insert:
    6         (a) Representatives of participating law enforcement
    7  agencies, a representative of the program services provider, the
    8  public defender, the state attorney, and the clerk of the
    9  circuit court shall create the prearrest diversion program and
   10  develop its policies and procedures, including, but not limited
   11  to, eligibility criteria, program implementation and operation,
   12  and the determination of the fee, if any, to be paid by adults
   13  participating in the program. In developing the policies and
   14  procedures for the program, the parties must solicit input from
   15  other interested stakeholders. The program may be operated by an
   16  entity such as a law enforcement agency, the county or
   17  municipality, or another entity selected by the county or
   18  municipality.
   19         (b) Upon intake of any person participating in the program,
   20  the program operator shall electronically provide a
   21  participant’s personal identifying information to the clerk of
   22  the circuit court for the county in which the program provides
   23  services. Such information is not a court record, and the clerk
   24  must maintain confidentiality of the participant’s personal
   25  identifying information in accordance with subsection (6). The
   26  clerk shall maintain such information in a statewide database,
   27  which must provide a single point of access for all such
   28  statewide information. If the program includes a fee for
   29  participation, the clerk must receive a reasonable portion, to
   30  be determined by the stakeholders creating the program, for
   31  receiving and maintaining the personal identifying information.
   32  The fee must be deposited by the clerk into the clerk’s fine and
   33  forfeiture fund established pursuant to s. 142.01.
   34         (4) QUALIFYING OFFENSES.—Misdemeanor offenses that qualify
   35  the offender for a prearrest diversion program must be selected
   36  as part of the program development under subsection (3).
   37         (5) APPLICABILITY.—This section does not preempt a county
   38  or municipality from enacting noncriminal sanctions for a
   39  violation of an ordinance or other violation, and it does not
   40  preempt a county, a municipality, or a public or private
   41  educational institution from creating its own model for a
   42  prearrest diversion program for adults.
   43         Section 1. This act shall take effect July 1, 2018.
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete line 30
   48  and insert:
   49         entities to operate the program; requiring the
   50         prearrest diversion program operator to electronically
   51         provide a participant’s personal identifying
   52         information to the clerk of the circuit court;
   53         specifying requirements for the clerk on the handling
   54         of the information and maintaining it in a statewide
   55         database; providing for fee sharing under certain
   56         circumstances; requiring fees received by the clerk to
   57         be deposited in a certain fund; specifying how the