Florida Senate - 2022                                    SB 1406
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00654B-22                                           20221406__
    1                        A bill to be entitled                      
    2         An act relating to delayed arraignment; amending s.
    3         901.28, F.S.; defining the term “notice to appear”;
    4         requiring a law enforcement officer to issue a notice
    5         to appear when there are reasonable grounds to believe
    6         that a person is committing or has committed a
    7         misdemeanor offense or a violation of a municipal or
    8         county ordinance; providing exceptions; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 901.28, Florida Statutes, is amended to
   14  read:
   15         901.28 Notice to appear for misdemeanors or violations of
   16  municipal or county ordinances; effect on authority to conduct
   17  search.—
   18         (1) As used in this section, the term “notice to appear”
   19  means a written order issued by a law enforcement officer in
   20  lieu of custodial arrest which requires a person accused of
   21  violating the law to appear in a designated court or
   22  governmental office for arraignment at a specified date and time
   23  or to pay a fine.
   24         (2) When there are reasonable grounds to believe that a
   25  person is committing or has committed an offense that is a
   26  misdemeanor of the first degree, a misdemeanor of the second
   27  degree, or a violation of a municipal or county ordinance, a law
   28  enforcement officer shall issue a notice to appear unless any of
   29  the following applies:
   30         (a) The offense is of a sexual or violent nature.
   31         (b) The person does not have or will not provide valid
   32  identification or the provided identification cannot be
   33  verified.
   34         (c) The person refuses to sign a notice to appear or
   35  requests to be taken before a judge.
   36         (d) There are reasonable grounds to believe that the person
   37  poses a danger to himself or herself, to others, or to property
   38  or that the offense will continue.
   39         (e) The person has no ties with the jurisdiction reasonably
   40  sufficient to assure his or her appearance or the person has
   41  previously failed to appear.
   42         (f) There are reasonable grounds to believe that a
   43  legitimate investigation or prosecution in any jurisdiction
   44  would be jeopardized by the person’s release.
   45         (g) The person is on parole or probation or has violated
   46  the conditions of a pretrial release program.
   47         (h) The person has an outstanding warrant.
   48         (i) The person requires physical or behavioral health care.
   49         (j) The person has a criminal record with an arrest or a
   50  conviction for an offense that is sexual or violent in nature.
   51         (k) The person was issued a notice to appear within the
   52  last 6 months.
   53         (3) The issuance of a notice to appear may shall not be
   54  construed to affect a law enforcement officer’s authority to
   55  conduct an otherwise lawful search, as provided by law.
   56         Section 2. This act shall take effect July 1, 2022.