Florida Senate - 2017                                     SB 448
       By Senator Brandes
       24-00112B-17                                           2017448__
    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 to adults under specified circumstances;
   11         requiring an adult who is issued a civil citation by a
   12         participating law enforcement agency to report for
   13         intake as required by the prearrest diversion program;
   14         requiring the program to provide certain appropriate
   15         services; requiring that an adult who is issued a
   16         civil citation fulfill a community service
   17         requirement; requiring the adult to pay restitution to
   18         a victim; providing for criminal prosecution of adults
   19         who fail to complete the prearrest diversion program;
   20         prohibiting an arrest record from being associated
   21         with a certain offense for an adult who successfully
   22         completes the program; requiring specified entities to
   23         create the prearrest diversion program; requiring the
   24         entities to develop policies and procedures for the
   25         development and operation of the program and to
   26         solicit input from other interested stakeholders;
   27         authorizing specified entities to operate the program;
   28         specifying how the nonviolent misdemeanor offenses
   29         that are eligible for the prearrest diversion program
   30         are selected; providing applicability; providing an
   31         effective date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 901.40, Florida Statutes, is created to
   36  read:
   37         901.40Prearrest diversion programs.—
   38         (1)INTENT.—The Legislature encourages local communities
   39  and public or private educational institutions to implement
   40  prearrest diversion programs that afford certain adults who
   41  fulfill specified intervention and community service obligations
   42  the opportunity to avoid an arrest record. The Legislature does
   43  not mandate that a particular prearrest diversion program for
   44  adults be adopted, but finds that the adoption of the model
   45  provided in this section would allow certain adults to avoid an
   46  arrest record, while ensuring that those adults receive
   47  appropriate intervention and fulfill community service
   48  obligations. If a prearrest diversion program is implemented,
   49  the program is encouraged to share information with other
   50  prearrest diversion programs.
   51         (2)MODEL ADULT CIVIL CITATION PROGRAM.—Local communities
   52  and public or private educational institutions may adopt a
   53  program in which:
   54         (a)Law enforcement officers, at their sole discretion, may
   55  issue a civil citation to certain adults who commit a qualifying
   56  nonviolent misdemeanor offense selected by the program. A civil
   57  citation may be issued only if the adult admits that he or she
   58  committed the offense and if the adult has not previously been
   59  arrested and has not received an adult civil citation. However,
   60  an adult may not be issued a civil citation if the nonviolent
   61  misdemeanor offense involves a victim and the victim objects to
   62  issuance of the civil citation.
   63         (b)An adult who receives a civil citation shall report for
   64  intake as required by the local prearrest diversion program and
   65  shall be provided appropriate assessment, intervention,
   66  education, and behavioral health care services by the program.
   67  While in the local prearrest diversion program, the adult shall
   68  perform community service hours as specified by the program. The
   69  adult shall pay restitution due to the victim as a program
   70  requirement. If the adult does not successfully complete the
   71  prearrest diversion program, the law enforcement agency that
   72  issued the civil citation shall criminally charge the adult for
   73  the original offense and refer the case to the state attorney to
   74  determine if prosecution is appropriate. If the adult
   75  successfully completes the program, an arrest record may not be
   76  associated with the offense.
   78  Representatives of participating law enforcement agencies, a
   79  representative of the program services provider, the public
   80  defender, the state attorney, and the clerk of the circuit court
   81  shall create the prearrest diversion program and develop its
   82  policies and procedures, including, but not limited to,
   83  eligibility criteria, program implementation and operation, and
   84  the determination of the fee to be paid by adults participating
   85  in the program. In developing the policies and procedures for
   86  the program, the parties must solicit input from other
   87  interested stakeholders. The program may be operated by an
   88  entity such as a law enforcement agency, the county or
   89  municipality, or another entity selected by the county or
   90  municipality.
   91         (4)QUALIFYING OFFENSES.—Nonviolent misdemeanor offenses
   92  that qualify the offender for a prearrest diversion program must
   93  be selected as part of the program development under subsection
   94  (3).
   95         (5) APPLICABILITY.—This section does not preempt a county
   96  or municipality from enacting noncriminal sanctions for a
   97  violation of an ordinance or other violation, and it does not
   98  preempt a county, a municipality, or a public or private
   99  educational institution from creating its own model for a
  100  prearrest diversion program for adults.
  101         Section 2. This act shall take effect July 1, 2017.