Florida Senate - 2018                              CS for SB 644
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-01777-18                                           2018644c1
    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.; defining
    4         terms; requiring the establishment of civil citation
    5         or similar diversion programs for juveniles;
    6         specifying program eligibility, participation, and
    7         implementation requirements; providing exceptions;
    8         providing applicability; providing construction;
    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) As used in this section, the term:
   19         (a)“Law enforcement officer” has the same meaning as
   20  provided in s. 943.10.
   21         (b)“Misdemeanor offense” means one or more misdemeanor
   22  violations of law arising out of the same criminal episode, act,
   23  or transaction.
   24         (2)(a) There is established a process for the use of
   25  juvenile civil citation and similar diversion programs to
   26  provide process for the purpose of providing an efficient and
   27  innovative alternative to custody by the department of Juvenile
   28  Justice for juveniles children who commit nonserious delinquent
   29  acts and to ensure swift and appropriate consequences. The
   30  department shall encourage and assist in the implementation and
   31  improvement of civil citation and programs or other similar
   32  diversion programs in around the state.
   33         (b)One or more The civil citation or similar diversion
   34  programs program shall be established in each county which must
   35  individually or collectively serve all juveniles who are alleged
   36  to have committed a violation of law which would be a
   37  misdemeanor offense if committed by an adult. Such programs must
   38  be established at the local level with the concurrence of the
   39  chief judge of the circuit, the state attorney, the public
   40  defender, and the head of each local law enforcement agency
   41  involved and. The program may be operated by an entity such as a
   42  law enforcement agency, the department, a juvenile assessment
   43  center, the county or municipality, or another entity selected
   44  by the county or municipality. An entity operating such a the
   45  civil citation or similar diversion program must do so in
   46  consultation and agreement with the state attorney and local law
   47  enforcement agencies.
   48         (3) Under such a juvenile civil citation or similar
   49  diversion program, a law enforcement officer who makes, upon
   50  making contact with a juvenile who admits having committed a
   51  first-time misdemeanor offense: misdemeanor, may choose to issue
   52  a 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 if
   56  the misdemeanor offense is one or more of the following:
   57         1.Section 562.111, relating to possession of alcoholic
   58  beverages by persons under age 21;
   59         2.Section 784.03(1), relating to battery;
   60         3.Section 806.13, relating to criminal mischief;
   61         4.Section 810.08 or s. 810.09, relating to trespass;
   62         5.Section 812.014(2)(e) or (3)(a), relating to theft;
   63         6.Section 812.015(2), relating to theft from a merchant,
   64  farmer, or transit agency;
   65         7.Section 843.02, relating to resisting an officer without
   66  violence;
   67         8.Section 870.01(1), relating to an affray;
   68         9.Section 877.03, relating to breach of the peace or
   69  disorderly conduct;
   70         10.Section 893.13(6)(b), relating to possession of certain
   71  amounts of cannabis; or
   72         11.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 misdemeanor offense is not specified in paragraph (a).
   78         (4)Under a juvenile civil citation or similar diversion
   79  program, a law enforcement officer who makes contact with a
   80  juvenile who admits having committed a second or a third
   81  misdemeanor offense may issue a civil citation to the juvenile
   82  or require the juvenile’s participation in a similar diversion
   83  program, regardless of whether the misdemeanor offense is
   84  specified in paragraph (3)(a).
   85         (5)If a juvenile is arrested for a misdemeanor offense
   86  subject to paragraph (3)(b) or subsection (4), the law
   87  enforcement officer must provide written documentation as to why
   88  the arrest was warranted.
   89         (6)A law enforcement officer shall advise a juvenile who
   90  is eligible under subsection (3) or subsection (4) that the
   91  juvenile has the option to refuse the civil citation or other
   92  similar diversion program and be referred to the department, and
   93  that the juvenile may elect this option at any time before fully
   94  completing the community service assignment required under
   95  subsection (8). Participation in a civil citation or similar
   96  diversion program is not considered a referral to the
   97  department.
   98         (7)Upon issuance of the civil citation or documentation
   99  requiring a similar diversion program, the law enforcement
  100  officer shall send a copy to the entity designated to operate
  101  the program, the parent or guardian of the juvenile, and the
  102  victim. The operating entity, appropriate intake office, or a
  103  designee of the entity or intake office shall enter such
  104  information into the Juvenile Justice Information System
  105  Prevention Web.
  106         (8)A juvenile who elects to participate in a civil
  107  citation or similar diversion program must complete, and assess
  108  up to 50 community service hours, and participate require
  109  participation in intervention services, as assigned by the civil
  110  citation or similar diversion program 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 entity designated to
  115  operate the program, or its designee, within 10 business days
  116  after the date of issuance of the civil citation or
  117  documentation for a similar diversion program. A copy of each
  118  citation issued under this section shall be provided to the
  119  department, and the department shall enter appropriate
  120  information into the juvenile offender information system. Use
  121  of the civil citation or similar diversion program is not
  122  limited to first-time misdemeanors and may be used in up to two
  123  subsequent misdemeanors. If an arrest is made, a law enforcement
  124  officer must provide written documentation as to why an arrest
  125  was warranted.
  126         (b) At the conclusion of a juvenile’s participation in a
  127  civil citation program or similar diversion program, the entity
  128  agency operating the program shall report the outcome of the
  129  juvenile’s participation in the program to the department.
  130         (c)If the juvenile fails to timely report for a community
  131  service assignment, complete the assignment, or comply with
  132  assigned intervention services within the prescribed time, or if
  133  the juvenile commits a new misdemeanor offense, the law
  134  enforcement officer may issue a report alleging that the
  135  juvenile has committed a delinquent act, at which time a
  136  juvenile probation officer shall process the original delinquent
  137  act as a referral to the department and refer the report to the
  138  state attorney for review The issuance of a civil citation is
  139  not considered a referral to the department.
  140         (9)(2) The department shall develop guidelines for the
  141  civil citation and similar diversion programs program which
  142  include intervention services that are based on upon proven
  143  civil citation or similar diversion programs in within the
  144  state.
  145         (10)This section does not apply to:
  146         (a)A juvenile who is alleged to have committed, or is
  147  charged with, and awaiting final disposition of an offense that
  148  would be a felony if committed by an adult.
  149         (b)A juvenile who has entered a plea of nolo contendere or
  150  guilty to, or has been found to have committed, an offense that
  151  would be a felony if committed by an adult.
  152         (c)A misdemeanor offense arising out of an episode in
  153  which the juvenile is also alleged to have committed an offense
  154  that would be a felony if committed by an adult.
  155         (11)This section does not modify the authority of a law
  156  enforcement officer who, upon making contact with a juvenile who
  157  is alleged to have committed a misdemeanor offense, elects to
  158  issue only a simple warning to the juvenile or notice to a
  159  juvenile’s parent or guardian of the alleged offense.
  160         (3)Upon issuing such citation, the law enforcement officer
  161  shall send a copy to the county sheriff, state attorney, the
  162  appropriate intake office of the department, or the community
  163  service performance monitor designated by the department, the
  164  parent or guardian of the child, and the victim.
  165         (4)The child shall report to the community service
  166  performance monitor within 7 working days after the date of
  167  issuance of the citation. The work assignment shall be
  168  accomplished at a rate of not less than 5 hours per week. The
  169  monitor shall advise the intake office immediately upon
  170  reporting by the child to the monitor, that the child has in
  171  fact reported and the expected date upon which completion of the
  172  work assignment will be accomplished.
  173         (5)If the child fails to report timely for a work
  174  assignment, complete a work assignment, or comply with assigned
  175  intervention services within the prescribed time, or if the
  176  juvenile commits a subsequent misdemeanor, the law enforcement
  177  officer shall issue a report alleging the child has committed a
  178  delinquent act, at which point a juvenile probation officer
  179  shall process the original delinquent act as a referral to the
  180  department and refer the report to the state attorney for
  181  review.
  182         (6)At the time of issuance of the citation by the law
  183  enforcement officer, such officer shall advise the child that
  184  the child has the option to refuse the citation and to be
  185  referred to the intake office of the department. That option may
  186  be exercised at any time before completion of the work
  187  assignment.
  188         Section 2. Paragraph (b) of subsection (3) of section
  189  943.051, Florida Statutes, is amended to read:
  190         943.051 Criminal justice information; collection and
  191  storage; fingerprinting.—
  192         (3)
  193         (b) A minor who is charged with or found to have committed
  194  the following offenses shall be fingerprinted and the
  195  fingerprints shall be submitted electronically to the
  196  department, unless the minor participates in is issued a civil
  197  citation or similar diversion program pursuant to s. 985.12:
  198         1. Assault, as defined in s. 784.011.
  199         2. Battery, as defined in s. 784.03.
  200         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  201         4. Unlawful use of destructive devices or bombs, as defined
  202  in s. 790.1615(1).
  203         5. Neglect of a child, as defined in s. 827.03(1)(e).
  204         6. Assault or battery on a law enforcement officer, a
  205  firefighter, or other specified officers, as defined in s.
  206  784.07(2)(a) and (b).
  207         7. Open carrying of a weapon, as defined in s. 790.053.
  208         8. Exposure of sexual organs, as defined in s. 800.03.
  209         9. Unlawful possession of a firearm, as defined in s.
  210  790.22(5).
  211         10. Petit theft, as defined in s. 812.014(3).
  212         11. Cruelty to animals, as defined in s. 828.12(1).
  213         12. Arson, as defined in s. 806.031(1).
  214         13. Unlawful possession or discharge of a weapon or firearm
  215  at a school-sponsored event or on school property, as provided
  216  in s. 790.115.
  217         Section 3. Paragraph (b) of subsection (1) of section
  218  985.11, Florida Statutes, is amended to read:
  219         985.11 Fingerprinting and photographing.—
  220         (1)
  221         (b) Unless the child is participating in is issued a civil
  222  citation or is participating in a similar diversion program
  223  pursuant to s. 985.12, a child who is charged with or found to
  224  have committed one of the following offenses shall be
  225  fingerprinted, and the fingerprints shall be submitted to the
  226  Department of Law Enforcement as provided in s. 943.051(3)(b):
  227         1. Assault, as defined in s. 784.011.
  228         2. Battery, as defined in s. 784.03.
  229         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  230         4. Unlawful use of destructive devices or bombs, as defined
  231  in s. 790.1615(1).
  232         5. Neglect of a child, as defined in s. 827.03(1)(e).
  233         6. Assault on a law enforcement officer, a firefighter, or
  234  other specified officers, as defined in s. 784.07(2)(a).
  235         7. Open carrying of a weapon, as defined in s. 790.053.
  236         8. Exposure of sexual organs, as defined in s. 800.03.
  237         9. Unlawful possession of a firearm, as defined in s.
  238  790.22(5).
  239         10. Petit theft, as defined in s. 812.014.
  240         11. Cruelty to animals, as defined in s. 828.12(1).
  241         12. Arson, resulting in bodily harm to a firefighter, as
  242  defined in s. 806.031(1).
  243         13. Unlawful possession or discharge of a weapon or firearm
  244  at a school-sponsored event or on school property as defined in
  245  s. 790.115.
  246  
  247  A law enforcement agency may fingerprint and photograph a child
  248  taken into custody upon probable cause that such child has
  249  committed any other violation of law, as the agency deems
  250  appropriate. Such fingerprint records and photographs shall be
  251  retained by the law enforcement agency in a separate file, and
  252  these records and all copies thereof must be marked “Juvenile
  253  Confidential.” These records are not available for public
  254  disclosure and inspection under s. 119.07(1) except as provided
  255  in ss. 943.053 and 985.04(2), but shall be available to other
  256  law enforcement agencies, criminal justice agencies, state
  257  attorneys, the courts, the child, the parents or legal
  258  custodians of the child, their attorneys, and any other person
  259  authorized by the court to have access to such records. In
  260  addition, such records may be submitted to the Department of Law
  261  Enforcement for inclusion in the state criminal history records
  262  and used by criminal justice agencies for criminal justice
  263  purposes. These records may, in the discretion of the court, be
  264  open to inspection by anyone upon a showing of cause. The
  265  fingerprint and photograph records shall be produced in the
  266  court whenever directed by the court. Any photograph taken
  267  pursuant to this section may be shown by a law enforcement
  268  officer to any victim or witness of a crime for the purpose of
  269  identifying the person who committed such crime.
  270         Section 4. This act shall take effect July 1, 2018.