ENROLLED
       2015 Legislature                    CS for SB 378, 1st Engrossed
       
       
       
       
       
       
                                                              2015378er
    1  
    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; allowing
    7         a law enforcement officer who does not exercise one of
    8         these options to issue a civil citation or require
    9         participation in a similar diversion program;
   10         requiring a law enforcement officer to provide written
   11         documentation in certain circumstances; providing that
   12         repeat misdemeanor offenders may participate in the
   13         civil citation program or a similar diversion program
   14         under certain circumstances; reenacting ss.
   15         943.051(3)(b) and 985.11(1)(b), F.S., relating to the
   16         issuance of a civil citation, and the issuance of a
   17         civil citation or similar diversion program,
   18         respectively, to incorporate the amendments made to s.
   19         985.12, F.S., in references thereto; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (1) of section 985.12, Florida
   25  Statutes, is amended to read:
   26         985.12 Civil citation.—
   27         (1) There is established a juvenile civil citation process
   28  for the purpose of providing an efficient and innovative
   29  alternative to custody by the Department of Juvenile Justice for
   30  children who commit nonserious delinquent acts and to ensure
   31  swift and appropriate consequences. The department shall
   32  encourage and assist in the implementation and improvement of
   33  civil citation programs or other similar diversion programs
   34  around the state. The civil citation or similar diversion
   35  program shall be established at the local level with the
   36  concurrence of the chief judge of the circuit, state attorney,
   37  public defender, and the head of each local law enforcement
   38  agency involved. The program may be operated by an entity such
   39  as a law enforcement agency, the department, a juvenile
   40  assessment center, the county or municipality, or another some
   41  other entity selected by the county or municipality. An entity
   42  operating the civil citation or similar diversion program must
   43  do so in consultation and agreement with the state attorney and
   44  local law enforcement agencies. Under such a juvenile civil
   45  citation or similar diversion program, a any law enforcement
   46  officer, upon making contact with a juvenile who admits having
   47  committed a misdemeanor, may choose to issue a simple warning or
   48  inform the child’s guardian or parent of the child’s infraction,
   49  or may issue a civil citation or require participation in a
   50  similar diversion program, and assess up to not more than 50
   51  community service hours, and require participation in
   52  intervention services as indicated by an assessment of the needs
   53  of the juvenile, including family counseling, urinalysis
   54  monitoring, and substance abuse and mental health treatment
   55  services. A copy of each citation issued under this section
   56  shall be provided to the department, and the department shall
   57  enter appropriate information into the juvenile offender
   58  information system. Use of the civil citation or similar
   59  diversion program is not limited to first-time misdemeanors and
   60  may be used in up to two subsequent misdemeanors. If an arrest
   61  is made, a law enforcement officer must provide written
   62  documentation as to why an arrest was warranted. Only first-time
   63  misdemeanor offenders are eligible for the civil citation or
   64  similar diversion program. At the conclusion of a juvenile’s
   65  civil citation program or similar diversion program, the agency
   66  operating the program shall report the outcome to the
   67  department. The issuance of a civil citation is not considered a
   68  referral to the department.
   69         Section 2. For the purpose of incorporating the amendment
   70  made by this act to section 985.12, Florida Statutes, in a
   71  reference thereto, paragraph (b) of subsection (3) of section
   72  943.051, Florida Statutes, is reenacted to read:
   73         943.051 Criminal justice information; collection and
   74  storage; fingerprinting.—
   75         (3)
   76         (b) A minor who is charged with or found to have committed
   77  the following offenses shall be fingerprinted and the
   78  fingerprints shall be submitted electronically to the
   79  department, unless the minor is issued a civil citation pursuant
   80  to s. 985.12:
   81         1. Assault, as defined in s. 784.011.
   82         2. Battery, as defined in s. 784.03.
   83         3. Carrying a concealed weapon, as defined in s. 790.01(1).
   84         4. Unlawful use of destructive devices or bombs, as defined
   85  in s. 790.1615(1).
   86         5. Neglect of a child, as defined in s. 827.03(1)(e).
   87         6. Assault or battery on a law enforcement officer, a
   88  firefighter, or other specified officers, as defined in s.
   89  784.07(2)(a) and (b).
   90         7. Open carrying of a weapon, as defined in s. 790.053.
   91         8. Exposure of sexual organs, as defined in s. 800.03.
   92         9. Unlawful possession of a firearm, as defined in s.
   93  790.22(5).
   94         10. Petit theft, as defined in s. 812.014(3).
   95         11. Cruelty to animals, as defined in s. 828.12(1).
   96         12. Arson, as defined in s. 806.031(1).
   97         13. Unlawful possession or discharge of a weapon or firearm
   98  at a school-sponsored event or on school property, as provided
   99  in s. 790.115.
  100         Section 3. For the purpose of incorporating the amendment
  101  made by this act to section 985.12, Florida Statutes, in a
  102  reference thereto, paragraph (b) of subsection (1) of section
  103  985.11, Florida Statutes, is reenacted to read:
  104         985.11 Fingerprinting and photographing.—
  105         (1)
  106         (b) Unless the child is issued a civil citation or is
  107  participating in a similar diversion program pursuant to s.
  108  985.12, a child who is charged with or found to have committed
  109  one of the following offenses shall be fingerprinted, and the
  110  fingerprints shall be submitted to the Department of Law
  111  Enforcement as provided in s. 943.051(3)(b):
  112         1. Assault, as defined in s. 784.011.
  113         2. Battery, as defined in s. 784.03.
  114         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  115         4. Unlawful use of destructive devices or bombs, as defined
  116  in s. 790.1615(1).
  117         5. Neglect of a child, as defined in s. 827.03(1)(e).
  118         6. Assault on a law enforcement officer, a firefighter, or
  119  other specified officers, as defined in s. 784.07(2)(a).
  120         7. Open carrying of a weapon, as defined in s. 790.053.
  121         8. Exposure of sexual organs, as defined in s. 800.03.
  122         9. Unlawful possession of a firearm, as defined in s.
  123  790.22(5).
  124         10. Petit theft, as defined in s. 812.014.
  125         11. Cruelty to animals, as defined in s. 828.12(1).
  126         12. Arson, resulting in bodily harm to a firefighter, as
  127  defined in s. 806.031(1).
  128         13. Unlawful possession or discharge of a weapon or firearm
  129  at a school-sponsored event or on school property as defined in
  130  s. 790.115.
  131  
  132  A law enforcement agency may fingerprint and photograph a child
  133  taken into custody upon probable cause that such child has
  134  committed any other violation of law, as the agency deems
  135  appropriate. Such fingerprint records and photographs shall be
  136  retained by the law enforcement agency in a separate file, and
  137  these records and all copies thereof must be marked “Juvenile
  138  Confidential.” These records are not available for public
  139  disclosure and inspection under s. 119.07(1) except as provided
  140  in ss. 943.053 and 985.04(2), but shall be available to other
  141  law enforcement agencies, criminal justice agencies, state
  142  attorneys, the courts, the child, the parents or legal
  143  custodians of the child, their attorneys, and any other person
  144  authorized by the court to have access to such records. In
  145  addition, such records may be submitted to the Department of Law
  146  Enforcement for inclusion in the state criminal history records
  147  and used by criminal justice agencies for criminal justice
  148  purposes. These records may, in the discretion of the court, be
  149  open to inspection by anyone upon a showing of cause. The
  150  fingerprint and photograph records shall be produced in the
  151  court whenever directed by the court. Any photograph taken
  152  pursuant to this section may be shown by a law enforcement
  153  officer to any victim or witness of a crime for the purpose of
  154  identifying the person who committed such crime.
  155         Section 4. This act shall take effect October 1, 2015.