Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 448
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to prearrest diversion programs;
    3         creating s. 901.40, F.S.; encouraging local
    4         communities and public or private educational
    5         institutions to implement prearrest diversion programs
    6         for certain offenders; encouraging prearrest diversion
    7         programs to share information with other prearrest
    8         diversion programs; authorizing law enforcement
    9         officers, at their sole discretion, to issue a civil
   10         citation or similar prearrest diversion program notice
   11         to adults under specified circumstances; requiring an
   12         adult who is issued a civil citation or similar
   13         prearrest diversion program notice by a participating
   14         law enforcement agency to report for intake as
   15         required by the prearrest diversion program; requiring
   16         the program to provide certain appropriate services;
   17         requiring that an adult who is issued a civil citation
   18         or similar prearrest diversion program notice fulfill
   19         a community service requirement; requiring the adult
   20         to pay restitution to a victim; requiring the law
   21         enforcement officer to determine if there is good
   22         cause to arrest an adult who did not successfully
   23         complete the program and refer the case to the state
   24         attorney or allow the adult to continue in the
   25         program; requiring specified entities to create the
   26         prearrest diversion program; requiring the entities to
   27         develop policies and procedures for the development
   28         and operation of the program and to solicit input from
   29         other interested stakeholders; authorizing specified
   30         entities to operate the program; requiring the
   31         prearrest diversion program operator to electronically
   32         provide a participant’s personal identifying
   33         information to the clerk of the circuit court;
   34         specifying requirements for the clerk on the handling
   35         of the information and maintaining it in a statewide
   36         database; providing for fee sharing under certain
   37         circumstances; requiring fees received by the clerk to
   38         be deposited in a certain fund; specifying how the
   39         misdemeanor offenses that are eligible for the
   40         prearrest diversion program are selected; providing
   41         applicability; providing an effective date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 901.40, Florida Statutes, is created to
   46  read:
   47         901.40Prearrest diversion programs.—
   48         (1)INTENT.—The Legislature encourages local communities
   49  and public or private educational institutions to implement
   50  prearrest diversion programs that afford certain adults who
   51  fulfill specified intervention and community service obligations
   52  the opportunity to avoid an arrest record. The Legislature does
   53  not mandate that a particular prearrest diversion program for
   54  adults be adopted, but finds that the adoption of the model
   55  provided in this section would allow certain adults to avoid an
   56  arrest record, while ensuring that those adults receive
   57  appropriate intervention and fulfill community service
   58  obligations. If a prearrest diversion program is implemented,
   59  the program is encouraged to share information with other
   60  prearrest diversion programs.
   61         (2)MODEL PREARREST DIVERSION PROGRAM.—Local communities
   62  and public or private educational institutions may adopt a
   63  program in which:
   64         (a)Law enforcement officers, at their sole discretion, may
   65  issue a civil citation or similar prearrest diversion program
   66  notice to certain adults who commit a qualifying misdemeanor
   67  offense selected by the program. A civil citation or similar
   68  prearrest diversion program notice may be issued if the adult:
   69         1. Admits that he or she committed the offense or does not
   70  contest the offense; and
   71         2. Has not previously been arrested and has not received an
   72  adult civil citation or similar prearrest diversion program
   73  notice, unless the terms of the local adult prearrest diversion
   74  program allow otherwise.
   75         (b)An adult who receives a civil citation or similar
   76  prearrest diversion program notice shall report for intake as
   77  required by the local prearrest diversion program and shall be
   78  provided appropriate assessment, intervention, education, and
   79  behavioral health care services by the program. While in the
   80  local prearrest diversion program, the adult shall perform
   81  community service hours as specified by the program. The adult
   82  shall pay restitution due to the victim as a program
   83  requirement. If the adult does not successfully complete the
   84  prearrest diversion program, the law enforcement officer shall
   85  determine if there is good cause to arrest the adult for the
   86  original misdemeanor offense and refer the case to the state
   87  attorney to determine if prosecution is appropriate or allow the
   88  adult to continue in the program.
   90         (a) Representatives of participating law enforcement
   91  agencies, a representative of the program services provider, the
   92  public defender, the state attorney, and the clerk of the
   93  circuit court shall create the prearrest diversion program and
   94  develop its policies and procedures, including, but not limited
   95  to, eligibility criteria, program implementation and operation,
   96  and the determination of the fee, if any, to be paid by adults
   97  participating in the program. In developing the policies and
   98  procedures for the program, the parties must solicit input from
   99  other interested stakeholders. The program may be operated by an
  100  entity such as a law enforcement agency, the county or
  101  municipality, or another entity selected by the county or
  102  municipality.
  103         (b) Upon intake of any person participating in the program,
  104  the program operator shall electronically provide a
  105  participant’s personal identifying information to the clerk of
  106  the circuit court for the county in which the program provides
  107  services. Such information is not a court record, and the clerk
  108  must maintain confidentiality of the participant’s personal
  109  identifying information in accordance with subsection (6). The
  110  clerk shall maintain such information in a statewide database,
  111  which must provide a single point of access for all such
  112  statewide information. If the program includes a fee for
  113  participation, the clerk must receive a reasonable portion, to
  114  be determined by the stakeholders creating the program, for
  115  receiving and maintaining the personal identifying information.
  116  The fee must be deposited by the clerk into the clerk’s fine and
  117  forfeiture fund established pursuant to s. 142.01.
  118         (4) QUALIFYING OFFENSES.—Misdemeanor offenses that qualify
  119  the offender for a prearrest diversion program must be selected
  120  as part of the program development under subsection (3).
  121         (5) APPLICABILITY.—This section does not preempt a county
  122  or municipality from enacting noncriminal sanctions for a
  123  violation of an ordinance or other violation, and it does not
  124  preempt a county, a municipality, or a public or private
  125  educational institution from creating its own model for a
  126  prearrest diversion program for adults.
  127         Section 2. This act shall take effect July 1, 2018.