Florida Senate - 2009                                    SB 1548
       
       
       
       By Senator Joyner
       
       
       
       
       18-01578-09                                           20091548__
    1                        A bill to be entitled                      
    2         An act relating to retail-theft diversion programs;
    3         amending s. 812.014, F.S.; requiring a law enforcement
    4         officer who has probable cause to believe that a
    5         defendant has committed retail theft to issue a notice
    6         to appear in lieu of arresting the defendant under
    7         certain circumstances; authorizing a state attorney to
    8         establish a retail-theft diversion program for the
    9         purpose of diverting defendants from criminal
   10         prosecution if the defendant meets certain criteria;
   11         providing eligibility criteria for participating in a
   12         retail-theft diversion program; requiring the state
   13         attorney to mail a notice to appear to a defendant
   14         upon referral to a diversion program; setting forth
   15         the conditions that each participant in the retail
   16         theft diversion program must complete; providing that
   17         a defendant may be prosecuted for the retail theft if
   18         all conditions in the diversion program are not
   19         fulfilled; authorizing a state attorney to collect a
   20         fee from each participant in the program; setting a
   21         limit on the fee for each defendant; providing an
   22         effective date.
   23         
   24  Be It Enacted by the Legislature of the State of Florida:
   25         
   26         Section 1. Paragraphs (e) and (f) are added to subsection
   27  (3) of section 812.014, Florida Statutes, to read:
   28         812.014 Theft.—
   29         (3)
   30         (e)If a law enforcement officer has probable cause to
   31  believe that a defendant has committed retail theft as defined
   32  in s. 812.015(1), the officer shall issue a notice to appear in
   33  lieu of arresting the defendant if the aggregate value of the
   34  merchandise stolen is less than $300 and the defendant has no
   35  previous criminal or juvenile convictions.
   36         (f)A state attorney may establish a retail-theft diversion
   37  program in the state attorney's office or by using an
   38  independent contractor for the purpose of diverting from
   39  prosecution defendants who meet the criteria set forth in
   40  paragraph (e). However, establishing and operating a diversion
   41  program does not affect the authority of the state attorney to
   42  prosecute any defendant for committing retail theft.
   43         1.Upon receipt of a complaint or notice to appear alleging
   44  the crime of retail theft, a state attorney who operates a
   45  retail-theft diversion program shall determine whether the
   46  defendant is appropriate for referral to the retail-theft
   47  diversion program. In making such determination, the state
   48  attorney shall consider:
   49         a.The value of the merchandise stolen in the retail theft;
   50         b.The existence of other pending complaints or criminal
   51  charges against the defendant; and
   52         c.The strength of the evidence of the retail theft.
   53         2.Upon referral of the defendant to the retail-theft
   54  diversion program, the state attorney shall mail a copy of the
   55  notice to appear to the defendant. The notice must contain all
   56  of the following:
   57         a.The date and location of the alleged retail-theft
   58  offense.
   59         b. The date before which the defendant must contact the
   60  retail-theft diversion program office concerning the notice to
   61  appear.
   62         c.A statement of the maximum penalty for the retail-theft
   63  offense.
   64         3.If the state attorney permits the defendant to enter the
   65  retail-theft diversion program, the state attorney shall enter
   66  into a written agreement with the defendant to divert him or her
   67  from prosecution for retail theft. The diversion agreement must
   68  include all of the following conditions, which must be accepted
   69  by the defendant:
   70         a.Attendance and proof of completion of a program designed
   71  to assist, educate, and prevent future unlawful conduct by the
   72  defendant;
   73         b.Full restitution, if any is established, of the value of
   74  the retail theft;
   75         c.Full payment of fees due under subparagraph 5.; and
   76         d.A knowing and intelligent waiver of the defendant's
   77  right to a speedy trial for the period of his or her diversion.
   78         4.Any defendant who does not fulfill all conditions in the
   79  diversion program may be prosecuted for the crime of retail
   80  theft.
   81         5.To fund the retail-theft diversion program, the state
   82  attorney may collect a fee from each participating defendant.
   83  The fee for each defendant may not exceed:
   84         a.Twenty-five dollars, if the value of the stolen
   85  merchandise does not exceed $50.
   86         b.Thirty dollars, if the value of the stolen merchandise
   87  is more than $50 but does not exceed $100.
   88         c.Forty dollars, if the value of the stolen merchandise is
   89  more than $100 but does not exceed $300.
   90         Section 2. This act shall take effect July 1, 2009.