HB 997

1
A bill to be entitled
2An act relating to juvenile civil citations; amending s.
3985.12, F.S.; requiring that a juvenile civil citation
4program be established at the local level with the
5concurrence of the chief judge of the circuit and other
6designated persons; authorizing a law enforcement agency,
7the Department of Juvenile Justice, a juvenile assessment
8center, the county or municipality, or an entity selected
9by the county or municipality to operate the program;
10authorizing a law enforcement officer, upon making contact
11with a juvenile who admits to having committed a
12misdemeanor, to require participation in intervention
13services based upon an assessment of the needs of the
14juvenile; restricting eligibility of participants for the
15civil citation program to first-time misdemeanor
16offenders; requiring the issuing agency to report on the
17outcome to the Department of Juvenile Justice at the
18conclusion of a youth's civil citation program; providing
19that the issuance of a civil citation is not considered a
20referral to the department; requiring the department to
21develop a civil citation model that includes intervention
22services and is based upon proven civil citation programs
23within the state; requiring a law enforcement officer to
24issue a report if the child has not complied with the
25requirements of the civil citation program; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 985.12, Florida Statutes, is amended to
31read:
32     985.12  Civil citation.-
33     (1)  There is established a juvenile civil citation process
34for the purpose of providing an efficient and innovative
35alternative to custody by the Department of Juvenile Justice for
36of children who commit nonserious delinquent acts and to ensure
37swift and appropriate consequences. The civil citation program
38shall may be established at the local level with the concurrence
39of the chief judge of the circuit, state attorney, public
40defender, and the head of each local law enforcement agency
41involved and may be operated by a law enforcement agency, the
42department, a juvenile assessment center, the county or
43municipality, or an entity selected by the county or
44municipality. Under such a juvenile civil citation program, any
45law enforcement officer, upon making contact with a juvenile who
46admits having committed a misdemeanor, may issue a civil
47citation assessing not more than 50 community service hours, and
48may require participation in intervention services as indicated
49by an assessment of the appropriate to identified needs of the
50juvenile, including family counseling, urinalysis monitoring,
51and substance abuse and mental health treatment services. A copy
52of each citation issued under this section shall be provided to
53the department, and the department shall enter appropriate
54information into the juvenile offender information system. Only
55first-time misdemeanor offenders are eligible for the civil
56citation program. At the conclusion of a youth's civil citation
57program, the issuing agency shall report the outcome to the
58department. The issuance of a civil citation is not considered a
59referral to the department.
60     (2)  The department shall develop a civil citation model
61that includes intervention services and is based upon proven
62civil citation programs within Florida.
63     (3)(2)  Upon issuing such citation, the law enforcement
64officer shall send a copy to the county sheriff, state attorney,
65the appropriate intake office of the department, the community
66service performance monitor designated by the department, the
67parent or guardian of the child, and the victim.
68     (4)(3)  The child shall report to the community service
69performance monitor within 7 working days after the date of
70issuance of the citation. The work assignment shall be
71accomplished at a rate of not less than 5 hours per week. The
72monitor shall advise the intake office immediately upon
73reporting by the child to the monitor, that the child has in
74fact reported and the expected date upon which completion of the
75work assignment will be accomplished.
76     (5)(4)  If the child juvenile fails to report timely for a
77work assignment, complete a work assignment, or comply with
78assigned intervention services within the prescribed time, or if
79the juvenile commits a third or subsequent misdemeanor, the law
80enforcement officer shall issue a report stating that the child
81has not complied with the requirements of the civil citation
82alleging the child has committed a delinquent act, at which
83point a juvenile probation officer shall process the original
84delinquent act as a referral to the department perform a
85preliminary determination as provided under s. 985.145.
86     (6)(5)  At the time of issuance of the citation by the law
87enforcement officer, such officer shall advise the child that
88the child has the option to refuse the citation and to be
89referred to the intake office of the department. That option may
90be exercised at any time prior to completion of the work
91assignment.
92     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.