Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 408
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/25/2016           .                                

       The Committee on Children, Families, and Elder Affairs (Altman)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 89 - 157
    4  and insert:
    5         (6) If a juvenile who is 14 years of age or older is
    6  arrested for one of the offenses specified in paragraph (3)(a),
    7  the arrest report must include a factual explanation as to why
    8  the officer decided to arrest the juvenile in lieu of issuing a
    9  civil citation or requiring the juvenile to participate in a
   10  similar diversion program, and such report must be reviewed by a
   11  supervising officer. The arrest report must be filed with the
   12  law enforcement agency in a manner that will allow data to be
   13  collected on the number of juveniles who were arrested for such
   14  offenses in lieu of the issuance of a civil citation or
   15  participation in a similar program. Each law enforcement agency
   16  that employs a law enforcement officer who makes an arrest for
   17  an offense listed in paragraph (3)(a) shall submit an annual
   18  report before December 31 of each year to the department. The
   19  report shall include, at a minimum, the number of arrests and
   20  the justifications for the arrests.
   21         (7) A law enforcement officer shall advise a juvenile who
   22  is subject to subsection (3) or subsection (4) that the juvenile
   23  has the option to refuse the civil citation or other similar
   24  diversion program and be referred to the department. This option
   25  may be exercised at any time before completion of the community
   26  service assignment required under subsection (9). Participation
   27  in a civil citation or similar diversion program is not
   28  considered a referral to the department.
   29         (8) Upon issuance of the civil citation or documentation
   30  requiring a similar diversion program, the law enforcement
   31  officer shall send a copy to the county sheriff, state attorney,
   32  the appropriate intake office of the department or the community
   33  service performance monitor designated by the department, the
   34  parent or guardian of the child, and the victim. The department
   35  shall enter such information into the juvenile offender
   36  information system.
   37         (9) A juvenile that elects to participate in a civil
   38  citation or similar diversion program shall complete, and assess
   39  up to 50 community service hours, and participate require
   40  participation in intervention services as indicated by an
   41  assessment of the needs of the juvenile, including family
   42  counseling, urinalysis monitoring, and substance abuse and
   43  mental health treatment services.
   44         (a) The juvenile shall report to the community service
   45  performance monitor within 10 business days after the date of
   46  issuance of the civil citation or documentation for a similar
   47  diversion program. The juvenile shall spend a minimum of 5 hours
   48  per week completing the community service assignment. The
   49  monitor shall immediately notify the intake office of the
   50  department that a juvenile has reported to the monitor and the
   51  expected date on which the juvenile will complete the community
   52  service assignment A copy of each citation issued under this
   53  section shall be provided to the department, and the department
   54  shall enter appropriate information into the juvenile offender
   55  information system. Use of the civil citation or similar
   56  diversion program is not limited to first-time misdemeanors and
   57  may be used in up to two subsequent misdemeanors. If an arrest
   58  is made, a law enforcement officer must provide written
   59  documentation as to why an arrest was warranted.
   60         (b) At the conclusion of a juvenile’s civil citation
   61  program or similar diversion program, the entity agency
   62  operating the program shall report the outcome of the program to
   63  the department.
   64         (c) If the juvenile fails to timely report for a community
   65  service assignment, complete such assignment, or comply with
   66  assigned intervention services within the prescribed time, or if
   67  the juvenile commits a subsequent misdemeanor, the law
   68  enforcement officer shall issue a report alleging the juvenile
   69  has committed a delinquent act, at which time a juvenile
   70  probation officer shall process the original delinquent act as a
   71  referral to the department and refer the report to the state
   72  attorney for review The issuance of a civil citation is not
   73  considered a referral to the department.
   74         (10)(2) The department shall develop guidelines for the
   75  civil citation and similar diversion programs program which
   76  include intervention services that are based on upon proven
   77  civil citation or similar diversion programs in within the
   78  state.
   79         (11) This section does not apply to:
   80         (a) A juvenile who is currently alleged to have committed,
   81  or who is currently charged with, and awaiting final disposition
   82  of, an offense that would be a felony if committed by an adult.
   83         (b) A juvenile who has entered a plea of nolo contendere or
   84  guilty to, or who has been found to have committed, an offense
   85  that would be a felony if committed by an adult.
   86         (c) A misdemeanor arising out of an episode in which the
   87  juvenile is also alleged to have committed an offense that would
   88  be a felony if committed by an adult.
   89         (12) This section does not modify the authority of a law
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete line 8
   94  and insert:
   95         providing exceptions; requiring the reporting and
   96         reviewing of specified information in an arrest
   97         report; requiring a law enforcement agency to submit
   98         an annual report before a specified date to the
   99         Department of Juvenile Justice under certain
  100         circumstances; providing applicability;