Florida Senate - 2013                                     SB 660
       
       
       
       By Senator Gibson
       
       
       
       
       9-01254A-13                                            2013660__
    1                        A bill to be entitled                      
    2         An act relating to juvenile civil citations; amending
    3         s. 985.12, F.S.; requiring that a law enforcement
    4         officer, upon making contact with a juvenile who
    5         admits having committed a misdemeanor, issue a civil
    6         citation in certain circumstances; providing an
    7         effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 985.12, Florida
   12  Statutes, is amended to read:
   13         985.12 Civil citation.—
   14         (1) There is established a juvenile civil citation process
   15  for the purpose of providing an efficient and innovative
   16  alternative to custody by the department of Juvenile Justice for
   17  children who commit nonserious delinquent acts and to ensure
   18  swift and appropriate consequences. The department shall
   19  encourage and assist in the implementation and improvement of
   20  civil citation programs or other similar diversion programs
   21  around the state. The civil citation or similar diversion
   22  program shall be established at the local level with the
   23  concurrence of the chief judge of the circuit, state attorney,
   24  public defender, and the head of each local law enforcement
   25  agency involved. The program may be operated by an entity such
   26  as a law enforcement agency, the department, a juvenile
   27  assessment center, the county or municipality, or some other
   28  entity selected by the county or municipality. An entity
   29  operating the civil citation or similar diversion program must
   30  do so in consultation and agreement with the state attorney and
   31  local law enforcement agencies. Under such a juvenile civil
   32  citation or similar diversion program, any law enforcement
   33  officer, upon making contact with a juvenile who admits having
   34  committed a misdemeanor, shall may issue a civil citation and
   35  assess not more than 50 community service hours, and require
   36  participation in intervention services as indicated by an
   37  assessment of the needs of the juvenile, including family
   38  counseling, urinalysis monitoring, and substance abuse and
   39  mental health treatment services. A copy of each citation issued
   40  under this section shall be provided to the department, and the
   41  department shall enter appropriate information into the juvenile
   42  offender information system. Only first-time misdemeanor
   43  offenders are eligible for the civil citation or similar
   44  diversion program. At the conclusion of a juvenile’s civil
   45  citation or similar diversion program, the agency operating the
   46  program shall report the outcome to the department. The issuance
   47  of a civil citation is not considered a referral to the
   48  department.
   49         Section 2. This act shall take effect July 1, 2013.