Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1392
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Brandes) recommended the
    1         Senate Amendment 
    3         Delete lines 127 - 163
    4  and insert:
    5         (c) The state attorney of each circuit shall operate a
    6  prearrest diversion program in each circuit. A sheriff, police
    7  department, county, municipality, or public or private
    8  educational institution may continue to operate an independent
    9  prearrest diversion program that is in operation as of October
   10  1, 2018, if the independent program is reviewed by the state
   11  attorney of the applicable circuit and he or she determines that
   12  the independent program is substantially similar to the
   13  prearrest diversion program developed by the circuit. If the
   14  state attorney determines that the independent program is not
   15  substantially similar to the prearrest diversion program
   16  developed by the circuit, the operator of the independent
   17  diversion program may revise the program and the state attorney
   18  may conduct an additional review of the independent program.
   19         (d) A judicial circuit may model an existing sheriff,
   20  police department, county, municipality, or public or private
   21  educational institution’s independent prearrest diversion
   22  program in developing the prearrest diversion program for the
   23  circuit.
   24         (e) If an adult does not successfully complete the
   25  prearrest diversion program, the arresting law enforcement
   26  officer shall determine if there is good cause to arrest the
   27  adult for the original misdemeanor offense and refer the case to
   28  the state attorney to determine if prosecution is appropriate or
   29  allow the adult to continue in the program.
   30         (f) Upon intake of an adult participating in the prearrest
   31  diversion program, the state attorney or the person operating
   32  the independent prearrest diversion program shall electronically
   33  provide the adult’s personal identifying information to the
   34  clerk of the court for the county in which the adult is
   35  participating in the prearrest diversion program. Such
   36  information is not a court record, and the clerk of the court
   37  shall maintain the confidentiality of the adult's personal
   38  identifying information as provided in subsection (3). The clerk
   39  of the court shall maintain such information as a separate
   40  component of the Comprehensive Case Information System created
   41  and operated pursuant to s. 28.24, which must provide a single
   42  point of access for all