Florida Senate - 2015 SB 378
By Senator Garcia
38-00317A-15 2015378__
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 985.12, F.S.; authorizing a law enforcement officer to
4 issue a warning to a juvenile who admits having
5 committed a misdemeanor or to inform the child’s
6 parent or guardian of the child’s infraction;
7 requiring a law enforcement officer who does not
8 exercise one of these options to issue a civil
9 citation or require participation in a similar
10 diversion program; providing that repeat misdemeanor
11 offenders may participate in the civil citation
12 program or a similar diversion program under certain
13 circumstances; providing that, in exceptional
14 situations, a law enforcement officer may arrest a
15 first-time misdemeanor offender in the interest of
16 protecting public safety; requiring certain written
17 documentation if such an arrest is made; reenacting
18 ss. 943.051(3)(b) and 985.11(1)(b), F.S., relating to
19 the issuance of a civil citation, and the issuance of
20 a civil citation or similar diversion program,
21 respectively, to incorporate the amendments made to s.
22 985.12, F.S., in references thereto; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (1) of section 985.12, Florida
28 Statutes, is amended to read:
29 985.12 Civil citation.—
30 (1) There is established a juvenile civil citation process
31 for the purpose of providing an efficient and innovative
32 alternative to custody by the Department of Juvenile Justice for
33 children who commit nonserious delinquent acts and to ensure
34 swift and appropriate consequences. The department shall
35 encourage and assist in the implementation and improvement of
36 civil citation programs or other similar diversion programs
37 around the state. The civil citation or similar diversion
38 program shall be established at the local level with the
39 concurrence of the chief judge of the circuit, state attorney,
40 public defender, and the head of each local law enforcement
41 agency involved. The program may be operated by an entity such
42 as a law enforcement agency, the department, a juvenile
43 assessment center, the county or municipality, or another some
44 other entity selected by the county or municipality. An entity
45 operating the civil citation or similar diversion program must
46 do so in consultation and agreement with the state attorney and
47 local law enforcement agencies. Under such a juvenile civil
48 citation or similar diversion program, a any law enforcement
49 officer, upon making contact with a juvenile who admits having
50 committed a misdemeanor, may choose to issue a simple warning or
51 inform the child’s guardian or parent of the child’s infraction,
52 or shall may issue a civil citation or require participation in
53 a similar diversion program, and assess up to not more than 50
54 community service hours, and require participation in
55 intervention services as indicated by an assessment of the needs
56 of the juvenile, including family counseling, urinalysis
57 monitoring, and substance abuse and mental health treatment
58 services. A copy of each citation issued under this section
59 shall be provided to the department, and the department shall
60 enter appropriate information into the juvenile offender
61 information system. Use of the civil citation or similar
62 diversion program is not limited to first-time offenses and may
63 be used in a second or subsequent offense. In exceptional
64 situations, a local law enforcement officer may arrest a
65 juvenile for a first-time misdemeanor if he or she provides
66 written documentation as to why an arrest was warranted to
67 protect public safety. Only first-time misdemeanor offenders are
68 eligible for the civil citation or similar diversion program. At
69 the conclusion of a juvenile’s civil citation program or similar
70 diversion program, the agency operating the program shall report
71 the outcome to the department. The issuance of a civil citation
72 is not considered a referral to the department.
73 Section 2. For the purpose of incorporating the amendment
74 made by this act to section 985.12, Florida Statutes, in a
75 reference thereto, paragraph (b) of subsection (3) of section
76 943.051, Florida Statutes, is reenacted to read:
77 943.051 Criminal justice information; collection and
78 storage; fingerprinting.—
79 (3)
80 (b) A minor who is charged with or found to have committed
81 the following offenses shall be fingerprinted and the
82 fingerprints shall be submitted electronically to the
83 department, unless the minor is issued a civil citation pursuant
84 to s. 985.12:
85 1. Assault, as defined in s. 784.011.
86 2. Battery, as defined in s. 784.03.
87 3. Carrying a concealed weapon, as defined in s. 790.01(1).
88 4. Unlawful use of destructive devices or bombs, as defined
89 in s. 790.1615(1).
90 5. Neglect of a child, as defined in s. 827.03(1)(e).
91 6. Assault or battery on a law enforcement officer, a
92 firefighter, or other specified officers, as defined in s.
93 784.07(2)(a) and (b).
94 7. Open carrying of a weapon, as defined in s. 790.053.
95 8. Exposure of sexual organs, as defined in s. 800.03.
96 9. Unlawful possession of a firearm, as defined in s.
97 790.22(5).
98 10. Petit theft, as defined in s. 812.014(3).
99 11. Cruelty to animals, as defined in s. 828.12(1).
100 12. Arson, as defined in s. 806.031(1).
101 13. Unlawful possession or discharge of a weapon or firearm
102 at a school-sponsored event or on school property, as provided
103 in s. 790.115.
104 Section 3. For the purpose of incorporating the amendment
105 made by this act to section 985.12, Florida Statutes, in a
106 reference thereto, paragraph (b) of subsection (1) of section
107 985.11, Florida Statutes, is reenacted to read:
108 985.11 Fingerprinting and photographing.—
109 (1)
110 (b) Unless the child is issued a civil citation or is
111 participating in a similar diversion program pursuant to s.
112 985.12, a child who is charged with or found to have committed
113 one of the following offenses shall be fingerprinted, and the
114 fingerprints shall be submitted to the Department of Law
115 Enforcement as provided in s. 943.051(3)(b):
116 1. Assault, as defined in s. 784.011.
117 2. Battery, as defined in s. 784.03.
118 3. Carrying a concealed weapon, as defined in s. 790.01(1).
119 4. Unlawful use of destructive devices or bombs, as defined
120 in s. 790.1615(1).
121 5. Neglect of a child, as defined in s. 827.03(1)(e).
122 6. Assault on a law enforcement officer, a firefighter, or
123 other specified officers, as defined in s. 784.07(2)(a).
124 7. Open carrying of a weapon, as defined in s. 790.053.
125 8. Exposure of sexual organs, as defined in s. 800.03.
126 9. Unlawful possession of a firearm, as defined in s.
127 790.22(5).
128 10. Petit theft, as defined in s. 812.014.
129 11. Cruelty to animals, as defined in s. 828.12(1).
130 12. Arson, resulting in bodily harm to a firefighter, as
131 defined in s. 806.031(1).
132 13. Unlawful possession or discharge of a weapon or firearm
133 at a school-sponsored event or on school property as defined in
134 s. 790.115.
135
136 A law enforcement agency may fingerprint and photograph a child
137 taken into custody upon probable cause that such child has
138 committed any other violation of law, as the agency deems
139 appropriate. Such fingerprint records and photographs shall be
140 retained by the law enforcement agency in a separate file, and
141 these records and all copies thereof must be marked “Juvenile
142 Confidential.” These records are not available for public
143 disclosure and inspection under s. 119.07(1) except as provided
144 in ss. 943.053 and 985.04(2), but shall be available to other
145 law enforcement agencies, criminal justice agencies, state
146 attorneys, the courts, the child, the parents or legal
147 custodians of the child, their attorneys, and any other person
148 authorized by the court to have access to such records. In
149 addition, such records may be submitted to the Department of Law
150 Enforcement for inclusion in the state criminal history records
151 and used by criminal justice agencies for criminal justice
152 purposes. These records may, in the discretion of the court, be
153 open to inspection by anyone upon a showing of cause. The
154 fingerprint and photograph records shall be produced in the
155 court whenever directed by the court. Any photograph taken
156 pursuant to this section may be shown by a law enforcement
157 officer to any victim or witness of a crime for the purpose of
158 identifying the person who committed such crime.
159 Section 4. This act shall take effect October 1, 2015.