Florida Senate - 2010                                    SB 1210
       
       
       
       By Senator Wise
       
       
       
       
       5-01075-10                                            20101210__
    1                        A bill to be entitled                      
    2         An act relating to juvenile civil citations; amending
    3         s. 985.12, F.S.; requiring that a juvenile civil
    4         citation program be established at the local level
    5         with the concurrence of the chief judge of the circuit
    6         and other designated persons; requiring a law
    7         enforcement officer, upon making contact with a
    8         juvenile, to issue a civil citation if the juvenile
    9         admits to having committed a misdemeanor and he or she
   10         is not a danger to himself or herself or another;
   11         requiring that the juvenile produce proof of his or
   12         her identification or provide contact information for
   13         his or her parent or guardian; requiring that a
   14         juvenile who appears to be intoxicated or
   15         incapacitated by substance abuse be taken into
   16         custody; providing that a civil citation may be issued
   17         after the juvenile’s release from custody; providing
   18         an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (1) of section 985.12, Florida
   23  Statutes, is amended to read:
   24         985.12 Civil citation.—
   25         (1)(a) There is established a juvenile civil citation
   26  process for the purpose of providing an efficient and innovative
   27  alternative to custody by the Department of Juvenile Justice of
   28  children who commit nonserious delinquent acts and to ensure
   29  swift and appropriate consequences. The civil citation program
   30  shall may be established at the local level with the concurrence
   31  of the chief judge of the circuit, state attorney, public
   32  defender, and the head of each local law enforcement agency
   33  involved.
   34         (b) Under such a juvenile civil citation program, any law
   35  enforcement officer, upon making contact with a juvenile who
   36  admits having committed a misdemeanor and who is not a danger to
   37  himself or herself or another, shall may issue a civil citation.
   38  The juvenile must be able to produce proof of his or her
   39  identification or provide contact information for his or her
   40  parent or guardian.
   41         (c) If a juvenile appears to be intoxicated or
   42  incapacitated by substance abuse, he or she shall be taken into
   43  custody as provided in s. 985.101. A civil citation may be
   44  issued after the juvenile’s release from custody as provided in
   45  s. 985.115(2)(e).
   46         (d) A civil citation shall be issued which may not assess
   47  assessing not more than 50 community service hours, and may
   48  require participation in intervention services appropriate to
   49  identified needs of the juvenile, including family counseling,
   50  urinalysis monitoring, and substance abuse and mental health
   51  treatment services. A copy of each citation issued under this
   52  section shall be provided to the department, and the department
   53  shall enter appropriate information into the juvenile offender
   54  information system.
   55         Section 2. This act shall take effect July 1, 2010.