Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 448
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2017           .                                

       The Committee on Criminal Justice (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 51 - 91
    4  and insert:
    5         (2)MODEL PREARREST DIVERSION PROGRAM.—Local communities
    6  and public or private educational institutions may adopt a
    7  program in which:
    8         (a)Law enforcement officers, at their sole discretion, may
    9  issue a civil citation or similar prearrest diversion program
   10  notice to certain adults who commit a qualifying misdemeanor
   11  offense selected by the program. A civil citation or similar
   12  prearrest diversion program notice may be issued if the adult:
   13         1. Admits that he or she committed the offense or does not
   14  contest the offense; and
   15         2. Has not previously been arrested and has not received an
   16  adult civil citation or similar prearrest diversion program,
   17  unless the terms of the local adult prearrest diversion program
   18  allows otherwise.
   19         (b)An adult who receives a civil citation or similar
   20  prearrest diversion program notice shall report for intake as
   21  required by the local prearrest diversion program and shall be
   22  provided appropriate assessment, intervention, education, and
   23  behavioral health care services by the program. While in the
   24  local prearrest diversion program, the adult shall perform
   25  community service hours as specified by the program. The adult
   26  shall pay restitution due to the victim as a program
   27  requirement. If the adult does not successfully complete the
   28  prearrest diversion program, the law enforcement officer shall
   29  determine if there is good cause to arrest the adult for the
   30  original misdemeanor offense and refer the case to the state
   31  attorney to determine if prosecution is appropriate or allow the
   32  adult to continue in the program.
   34  Representatives of participating law enforcement agencies, a
   35  representative of the program services provider, the public
   36  defender, the state attorney, and the clerk of the circuit court
   37  shall create the prearrest diversion program and develop its
   38  policies and procedures, including, but not limited to,
   39  eligibility criteria, program implementation and operation, and
   40  the determination of the fee, if any, to be paid by adults
   41  participating in the program. In developing the policies and
   42  procedures for the program, the parties must solicit input from
   43  other interested stakeholders. The program may be operated by an
   44  entity such as a law enforcement agency, the county or
   45  municipality, or another entity selected by the county or
   46  municipality.
   47         (4)QUALIFYING OFFENSES.—Misdemeanor offenses
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete lines 9 - 28
   51  and insert:
   52         officers, at their sole discretion, to issue a civil
   53         citation or similar prearrest diversion program notice
   54         to adults under specified circumstances; requiring an
   55         adult who is issued a civil citation or similar
   56         prearrest diversion program notice by a participating
   57         law enforcement agency to report for intake as
   58         required by the prearrest diversion program; requiring
   59         the program to provide certain appropriate services;
   60         requiring that an adult who is issued a civil citation
   61         or similar prearrest diversion program notice fulfill
   62         a community service requirement; requiring the adult
   63         to pay restitution to a victim; requiring the law
   64         enforcement officer to determine if there is good
   65         cause to arrest a adult who did not successfully
   66         complete the program and refer the case to the state
   67         attorney or allow the adult to continue in the
   68         program; requiring specified entities to create the
   69         prearrest diversion program; requiring the entities to
   70         develop policies and procedures for the development
   71         and operation of the program and to solicit input from
   72         other interested stakeholders; authorizing specified
   73         entities to operate the program; specifying how the
   74         misdemeanor offenses