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
some44 otherentity 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 anylaw 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 mayissue a civil citation or require participation in 53 a similar diversion program, and assess up to not more than50 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 are68 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.