Florida Senate - 2016                       CS for CS for SB 408
       
       
        
       By the Committees on Children, Families, and Elder Affairs; and
       Criminal Justice; and Senators Altman, Negron, Joyner, Clemens,
       Flores, Sachs, Sobel, and Soto
       
       586-04089A-16                                          2016408c2
    1                        A bill to be entitled                      
    2         An act relating to juvenile civil citation and similar
    3         diversion programs; amending s. 985.12, F.S.;
    4         requiring the establishment of civil citation or
    5         similar diversion programs for juveniles; providing
    6         definitions; specifying program eligibility,
    7         participation, and implementation requirements;
    8         providing exceptions; providing applicability;
    9         amending ss. 943.051 and 985.11, F.S.; conforming
   10         provisions to changes made by the act; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 985.12, Florida Statutes, is amended to
   16  read:
   17         985.12 Civil citation and similar diversion programs.—
   18         (1)(a) There is established a process for the use of
   19  juvenile civil citation and similar diversion programs to
   20  provide process for the purpose of providing an efficient and
   21  innovative alternative to custody by the department of Juvenile
   22  Justice for juveniles children who commit nonserious delinquent
   23  acts and to ensure swift and appropriate consequences. The
   24  department shall encourage and assist in the implementation and
   25  improvement of civil citation and programs or other similar
   26  diversion programs in around the state.
   27         (b)One or more The civil citation or similar diversion
   28  programs program shall be established in each county which must
   29  individually or collectively serve all juveniles who are alleged
   30  to have committed a violation of law which would be a
   31  misdemeanor offense if committed by an adult. Such programs must
   32  be established at the local level with the concurrence of the
   33  chief judge of the circuit, state attorney, public defender, and
   34  the head of each local law enforcement agency involved and. The
   35  program may be operated by an entity such as a law enforcement
   36  agency, the department, a juvenile assessment center, the county
   37  or municipality, or another entity selected by the county or
   38  municipality. An entity operating such a the civil citation or
   39  similar diversion program must do so in consultation and
   40  agreement with the state attorney and local law enforcement
   41  agencies.
   42         (2) As used in this section, the term:
   43         (a) “Misdemeanor offense” means one or more misdemeanor
   44  violations of law arising out of the same criminal episode, act,
   45  or transaction.
   46         (b) “Law enforcement officer” has the same meaning as
   47  provided in s. 943.10.
   48         (3) Under such a juvenile civil citation or similar
   49  diversion program, a law enforcement officer that makes, upon
   50  making contact with a juvenile who admits having committed a
   51  first-time misdemeanor: misdemeanor, may choose to issue a
   52  simple warning or inform the child’s guardian or parent of the
   53  child’s infraction, or may
   54         (a) Shall issue a civil citation to the juvenile or require
   55  the juvenile’s participation in a similar diversion program when
   56  the juvenile is under 16 years of age and if each violation of
   57  law in the misdemeanor offense is one of the following:
   58         1. Section 562.111, relating to possession of alcoholic
   59  beverages by persons under age 21;
   60         2. Section 784.03(1), relating to battery, if the victim
   61  approves the juvenile’s participation in a civil citation or
   62  similar diversion program;
   63         3. Section 812.014(2)(e) or s. 812.014(3)(a), relating to
   64  theft;
   65         4. Section 812.015(2), relating to retail and farm theft;
   66         5. Section 843.02, relating to resisting an officer without
   67  violence;
   68         6. Section 870.01(1), relating to affrays and riots;
   69         7. Section 877.03, relating to disorderly conduct;
   70         8. Section 893.13(6)(b), relating to possession of certain
   71  amounts of cannabis or controlled substances; or
   72         9. Section 893.147, relating to use, possession,
   73  manufacture, delivery, transportation, advertisement, or retail
   74  sale of drug paraphernalia.
   75         (b) May issue a civil citation to the juvenile or require
   76  the juvenile’s participation in a similar diversion program if
   77  the violations of law are not enumerated in paragraph (a), or if
   78  the violation of law is one of the enumerated offenses in
   79  paragraph (a) and the juvenile is 16 years of age or older.
   80         (4) Under such a juvenile civil citation or similar
   81  diversion program, a law enforcement officer that makes contact
   82  with a juvenile who admits having committed a second-time or
   83  third-time misdemeanor offense may issue a civil citation to the
   84  juvenile or require the juvenile’s participation in a similar
   85  diversion program, regardless of whether the violations of law
   86  are enumerated in subparagraph (3)(a).
   87         (5) If an arrest is made for a misdemeanor offense subject
   88  to paragraph (3)(b) or subsection (4), a law enforcement officer
   89  must provide written documentation as to why the arrest was
   90  warranted.
   91         (6) A law enforcement officer shall advise a juvenile who
   92  is subject to subsection (3) or subsection (4) that the juvenile
   93  has the option to refuse the civil citation or other similar
   94  diversion program and be referred to the department. This option
   95  may be exercised at any time before completion of the community
   96  service assignment required under subsection (8). Participation
   97  in a civil citation or similar diversion program is not
   98  considered a referral to the department.
   99         (7) Upon issuance of the civil citation or documentation
  100  requiring a similar diversion program, the law enforcement
  101  officer shall send a copy to the county sheriff, state attorney,
  102  the appropriate intake office of the department or the community
  103  service performance monitor designated by the department, the
  104  parent or guardian of the child, and the victim. The department
  105  shall enter such information into the juvenile offender
  106  information system.
  107         (8) A juvenile that elects to participate in a civil
  108  citation or similar diversion program shall complete, and assess
  109  up to 50 community service hours, and participate require
  110  participation in intervention services as indicated by an
  111  assessment of the needs of the juvenile, including family
  112  counseling, urinalysis monitoring, and substance abuse and
  113  mental health treatment services.
  114         (a) The juvenile shall report to the community service
  115  performance monitor within 10 business days after the date of
  116  issuance of the civil citation or documentation for a similar
  117  diversion program. The juvenile shall spend a minimum of 5 hours
  118  per week completing the community service assignment. The
  119  monitor shall immediately notify the intake office of the
  120  department that a juvenile has reported to the monitor and the
  121  expected date on which the juvenile will complete the community
  122  service assignment A copy of each citation issued under this
  123  section shall be provided to the department, and the department
  124  shall enter appropriate information into the juvenile offender
  125  information system. Use of the civil citation or similar
  126  diversion program is not limited to first-time misdemeanors and
  127  may be used in up to two subsequent misdemeanors. If an arrest
  128  is made, a law enforcement officer must provide written
  129  documentation as to why an arrest was warranted.
  130         (b) At the conclusion of a juvenile’s civil citation
  131  program or similar diversion program, the entity agency
  132  operating the program shall report the outcome of the program to
  133  the department.
  134         (c) If the juvenile fails to timely report for a community
  135  service assignment, complete such assignment, or comply with
  136  assigned intervention services within the prescribed time, or if
  137  the juvenile commits a subsequent misdemeanor, the law
  138  enforcement officer shall issue a report alleging the juvenile
  139  has committed a delinquent act, at which time a juvenile
  140  probation officer shall process the original delinquent act as a
  141  referral to the department and refer the report to the state
  142  attorney for review The issuance of a civil citation is not
  143  considered a referral to the department.
  144         (9)(2) The department shall develop guidelines for the
  145  civil citation and similar diversion programs program which
  146  include intervention services that are based on upon proven
  147  civil citation or similar diversion programs in within the
  148  state.
  149         (10) This section does not apply to:
  150         (a) A juvenile who is currently alleged to have committed,
  151  or is currently charged with, and awaiting final disposition of
  152  an offense that would be a felony if committed by an adult.
  153         (b) A juvenile who has entered a plea of nolo contendere or
  154  guilty to, or has been found to have committed, an offense that
  155  would be a felony if committed by an adult.
  156         (c) A misdemeanor arising out of an episode in which the
  157  juvenile is also alleged to have committed an offense that would
  158  be a felony if committed by an adult.
  159         (11) This section does not modify the authority of a law
  160  enforcement officer who comes into contact with a juvenile who
  161  is alleged to have committed a misdemeanor to issue only a
  162  simple warning to the juvenile or notice to a juvenile’s parent
  163  or guardian of the alleged offense.
  164         (3)Upon issuing such citation, the law enforcement officer
  165  shall send a copy to the county sheriff, state attorney, the
  166  appropriate intake office of the department, or the community
  167  service performance monitor designated by the department, the
  168  parent or guardian of the child, and the victim.
  169         (4)The child shall report to the community service
  170  performance monitor within 7 working days after the date of
  171  issuance of the citation. The work assignment shall be
  172  accomplished at a rate of not less than 5 hours per week. The
  173  monitor shall advise the intake office immediately upon
  174  reporting by the child to the monitor, that the child has in
  175  fact reported and the expected date upon which completion of the
  176  work assignment will be accomplished.
  177         (5)If the child fails to report timely for a work
  178  assignment, complete a work assignment, or comply with assigned
  179  intervention services within the prescribed time, or if the
  180  juvenile commits a subsequent misdemeanor, the law enforcement
  181  officer shall issue a report alleging the child has committed a
  182  delinquent act, at which point a juvenile probation officer
  183  shall process the original delinquent act as a referral to the
  184  department and refer the report to the state attorney for
  185  review.
  186         (6)At the time of issuance of the citation by the law
  187  enforcement officer, such officer shall advise the child that
  188  the child has the option to refuse the citation and to be
  189  referred to the intake office of the department. That option may
  190  be exercised at any time before completion of the work
  191  assignment.
  192         Section 2. Paragraph (b) of subsection (3) of section
  193  943.051, Florida Statutes, is amended to read:
  194         943.051 Criminal justice information; collection and
  195  storage; fingerprinting.—
  196         (3)
  197         (b) A minor who is charged with or found to have committed
  198  the following offenses shall be fingerprinted and the
  199  fingerprints shall be submitted electronically to the
  200  department, unless the minor participates in is issued a civil
  201  citation or similar diversion program pursuant to s. 985.12:
  202         1. Assault, as defined in s. 784.011.
  203         2. Battery, as defined in s. 784.03.
  204         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  205         4. Unlawful use of destructive devices or bombs, as defined
  206  in s. 790.1615(1).
  207         5. Neglect of a child, as defined in s. 827.03(1)(e).
  208         6. Assault or battery on a law enforcement officer, a
  209  firefighter, or other specified officers, as defined in s.
  210  784.07(2)(a) and (b).
  211         7. Open carrying of a weapon, as defined in s. 790.053.
  212         8. Exposure of sexual organs, as defined in s. 800.03.
  213         9. Unlawful possession of a firearm, as defined in s.
  214  790.22(5).
  215         10. Petit theft, as defined in s. 812.014(3).
  216         11. Cruelty to animals, as defined in s. 828.12(1).
  217         12. Arson, as defined in s. 806.031(1).
  218         13. Unlawful possession or discharge of a weapon or firearm
  219  at a school-sponsored event or on school property, as provided
  220  in s. 790.115.
  221         Section 3. Paragraph (b) of subsection (1) of section
  222  985.11, Florida Statutes, is amended to read:
  223         985.11 Fingerprinting and photographing.—
  224         (1)
  225         (b) Unless the child is participating in is issued a civil
  226  citation or is participating in a similar diversion program
  227  pursuant to s. 985.12, a child who is charged with or found to
  228  have committed one of the following offenses shall be
  229  fingerprinted, and the fingerprints shall be submitted to the
  230  Department of Law Enforcement as provided in s. 943.051(3)(b):
  231         1. Assault, as defined in s. 784.011.
  232         2. Battery, as defined in s. 784.03.
  233         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  234         4. Unlawful use of destructive devices or bombs, as defined
  235  in s. 790.1615(1).
  236         5. Neglect of a child, as defined in s. 827.03(1)(e).
  237         6. Assault on a law enforcement officer, a firefighter, or
  238  other specified officers, as defined in s. 784.07(2)(a).
  239         7. Open carrying of a weapon, as defined in s. 790.053.
  240         8. Exposure of sexual organs, as defined in s. 800.03.
  241         9. Unlawful possession of a firearm, as defined in s.
  242  790.22(5).
  243         10. Petit theft, as defined in s. 812.014.
  244         11. Cruelty to animals, as defined in s. 828.12(1).
  245         12. Arson, resulting in bodily harm to a firefighter, as
  246  defined in s. 806.031(1).
  247         13. Unlawful possession or discharge of a weapon or firearm
  248  at a school-sponsored event or on school property as defined in
  249  s. 790.115.
  250  
  251  A law enforcement agency may fingerprint and photograph a child
  252  taken into custody upon probable cause that such child has
  253  committed any other violation of law, as the agency deems
  254  appropriate. Such fingerprint records and photographs shall be
  255  retained by the law enforcement agency in a separate file, and
  256  these records and all copies thereof must be marked “Juvenile
  257  Confidential.” These records are not available for public
  258  disclosure and inspection under s. 119.07(1) except as provided
  259  in ss. 943.053 and 985.04(2), but shall be available to other
  260  law enforcement agencies, criminal justice agencies, state
  261  attorneys, the courts, the child, the parents or legal
  262  custodians of the child, their attorneys, and any other person
  263  authorized by the court to have access to such records. In
  264  addition, such records may be submitted to the Department of Law
  265  Enforcement for inclusion in the state criminal history records
  266  and used by criminal justice agencies for criminal justice
  267  purposes. These records may, in the discretion of the court, be
  268  open to inspection by anyone upon a showing of cause. The
  269  fingerprint and photograph records shall be produced in the
  270  court whenever directed by the court. Any photograph taken
  271  pursuant to this section may be shown by a law enforcement
  272  officer to any victim or witness of a crime for the purpose of
  273  identifying the person who committed such crime.
  274         Section 4. This act shall take effect July 1, 2016.