Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 448 Ì333852,Î333852 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 81 - 104 4 and insert: 5 (3) PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.— 6 (a) Representatives of participating law enforcement 7 agencies, a representative of the program services provider, the 8 public defender, the state attorney, and the clerk of the 9 circuit court shall create the prearrest diversion program and 10 develop its policies and procedures, including, but not limited 11 to, eligibility criteria, program implementation and operation, 12 and the determination of the fee, if any, to be paid by adults 13 participating in the program. In developing the policies and 14 procedures for the program, the parties must solicit input from 15 other interested stakeholders. The program may be operated by an 16 entity such as a law enforcement agency, the county or 17 municipality, or another entity selected by the county or 18 municipality. 19 (b) Upon intake of any person participating in the program, 20 the program operator shall electronically provide a 21 participant’s personal identifying information to the clerk of 22 the circuit court for the county in which the program provides 23 services. Such information is not a court record, and the clerk 24 must maintain confidentiality of the participant’s personal 25 identifying information in accordance with subsection (6). The 26 clerk shall maintain such information in a statewide database, 27 which must provide a single point of access for all such 28 statewide information. If the program includes a fee for 29 participation, the clerk must receive a reasonable portion, to 30 be determined by the stakeholders creating the program, for 31 receiving and maintaining the personal identifying information. 32 The fee must be deposited by the clerk into the clerk’s fine and 33 forfeiture fund established pursuant to s. 142.01. 34 (4) QUALIFYING OFFENSES.—Misdemeanor offenses that qualify 35 the offender for a prearrest diversion program must be selected 36 as part of the program development under subsection (3). 37 (5) APPLICABILITY.—This section does not preempt a county 38 or municipality from enacting noncriminal sanctions for a 39 violation of an ordinance or other violation, and it does not 40 preempt a county, a municipality, or a public or private 41 educational institution from creating its own model for a 42 prearrest diversion program for adults. 43 Section 1. This act shall take effect July 1, 2018. 44 45 ================= T I T L E A M E N D M E N T ================ 46 And the title is amended as follows: 47 Delete line 30 48 and insert: 49 entities to operate the program; requiring the 50 prearrest diversion program operator to electronically 51 provide a participant’s personal identifying 52 information to the clerk of the circuit court; 53 specifying requirements for the clerk on the handling 54 of the information and maintaining it in a statewide 55 database; providing for fee sharing under certain 56 circumstances; requiring fees received by the clerk to 57 be deposited in a certain fund; specifying how the