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.