SB 644 — Juvenile Civil Citation and Similar Diversion Programs

(4) Under a juvenile civil citation or similar diversion program, a law enforcement officer who makes contact with a juvenile who admits having committed a second or a third misdemeanor offense may issue a civil citation to the juvenile or require the juvenile’s participation in a similar diversion program, regardless of whether the misdemeanor offense is specified in paragraph (3)(a).

(5) If a juvenile is arrested for a misdemeanor offense subject to paragraph (3)(b) or subsection (4), the law enforcement officer must provide written documentation as to why the arrest was warranted.

(6) A law enforcement officer shall advise a juvenile who is eligible under subsection (3) or subsection (4) that the juvenile has the option to refuse the civil citation or other similar diversion program and be referred to the department, and that the juvenile may elect this option at any time before fully completing the community service assignment required under subsection (8).

Participation in a civil citation or similar diversion program is not considered a referral to the department.

(7) Upon issuance of the civil citation or documentation requiring a similar diversion program, the law enforcement officer shall send a copy to the entity designated to operate the program, the parent or guardian of the juvenile, and the victim.

The operating entity, appropriate intake office, or a designee of the entity or intake office shall enter such information into the Juvenile Justice Information System or the Prevention Web system.

(8) A juvenile who elects to participate in a civil citation or similar diversion program must complete, and assess up to 50 community service hours, and participate require participation in intervention services as indicated by an assessment of the needs of the juvenile, including family counseling, urinalysis monitoring, and substance abuse and mental health treatment services.

(a) The juvenile shall report to the entity designated to operate the program, or its designee, within 10 business days after the date of issuance of the civil citation or documentation for a similar diversion program.

A copy of each citation issued under this section shall be provided to the department, and the department shall enter appropriate information into the juvenile offender information system.

Use of the civil citation or similar diversion program is not limited to first-time misdemeanors and may be used in up to two subsequent misdemeanors.

If an arrest is made, a law enforcement officer must provide written documentation as to why an arrest was warranted.

(b) At the conclusion of a juvenile’s participation in a civil citation program or similar diversion program, the entity agency operating the program shall report the outcome of the juvenile’s participation in the program to the department.

(c) If the juvenile fails to timely report for a community service assignment, complete the assignment, or comply with assigned intervention services within the prescribed time, or if the juvenile commits a new misdemeanor offense, the law enforcement officer may issue a report alleging that the juvenile has committed a delinquent act, at which time a juvenile probation officer shall process the original delinquent act as a referral to the department and refer the report to the state attorney for review The issuance of a civil citation is not considered a referral to the department.

(9)(2) The department shall develop guidelines for the civil citation and similar diversion programs program which include intervention services that are based on upon proven civil citation or similar diversion programs in within the state.

(10) This section does not apply to:

(a) A juvenile who is alleged to have committed, or is charged with, and awaiting final disposition of an offense that would be a felony if committed by an adult.

(b) A juvenile who has entered a plea of nolo contendere or guilty to, or has been found to have committed, an offense that would be a felony if committed by an adult.

(c) A misdemeanor offense arising out of an episode in which the juvenile is also alleged to have committed an offense that would be a felony if committed by an adult.

(11) This section does not modify the authority of a law enforcement officer who, upon making contact with a juvenile who is alleged to have committed a misdemeanor offense, elects to issue only a simple warning to the juvenile or notice to a juvenile’s parent or guardian of the alleged offense.

(3) Upon issuing such citation, the law enforcement officer shall send a copy to the county sheriff, state attorney, the appropriate intake office of the department, or the community service performance monitor designated by the department, the parent or guardian of the child, and the victim.

(4) The child shall report to the community service performance monitor within 7 working days after the date of issuance of the citation.

The work assignment shall be accomplished at a rate of not less than 5 hours per week.

The monitor shall advise the intake office immediately upon reporting by the child to the monitor, that the child has in fact reported and the expected date upon which completion of the work assignment will be accomplished.

(5) If the child fails to report timely for a work assignment, complete a work assignment, or comply with assigned intervention services within the prescribed time, or if the juvenile commits a subsequent misdemeanor, the law enforcement officer shall issue a report alleging the child has committed a delinquent act, at which point a juvenile probation officer shall process the original delinquent act as a referral to the department and refer the report to the state attorney for review.

(6) At the time of issuance of the citation by the law enforcement officer, such officer shall advise the child that the child has the option to refuse the citation and to be referred to the intake office of the department.

That option may be exercised at any time before completion of the work assignment.

Section 2. Paragraph (b) of subsection (3) of section 943.051, Florida Statutes, is amended to read:

943.051 Criminal justice information;

collection and storage;

fingerprinting.— (3) (b) A minor who is charged with or found to have committed the following offenses shall be fingerprinted and the fingerprints shall be submitted electronically to the department, unless the minor participates in is issued a civil citation or similar diversion program pursuant to s.

985.12:

1. Assault, as defined in s.

784.011.

2. Battery, as defined in s.

784.03.

3. Carrying a concealed weapon, as defined in s.

790.01(1).

4. Unlawful use of destructive devices or bombs, as defined in s.

790.1615(1).

5. Neglect of a child, as defined in s.

827.03(1)(e).

6. Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s.

784.07(2)(a) and (b).

7. Open carrying of a weapon, as defined in s.

790.053.

8. Exposure of sexual organs, as defined in s.

800.03.

9. Unlawful possession of a firearm, as defined in s.

790.22(5).

10. Petit theft, as defined in s.

812.014(3).

11. Cruelty to animals, as defined in s.

828.12(1).

12. Arson, as defined in s.

806.031(1).

13. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as provided in s.

790.115.

Section 3. Paragraph (b) of subsection (1) of section 985.11, Florida Statutes, is amended to read:

985.11 Fingerprinting and photographing.— (1) (b) Unless the child is participating in is issued a civil citation or is participating in a similar diversion program pursuant to s.

985.12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in s.

943.051(3)(b):

1. Assault, as defined in s.

784.011.

2. Battery, as defined in s.

784.03.

3. Carrying a concealed weapon, as defined in s.

790.01(1).

4. Unlawful use of destructive devices or bombs, as defined in s.

790.1615(1).

5. Neglect of a child, as defined in s.

827.03(1)(e).

6. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s.

784.07(2)(a).

7. Open carrying of a weapon, as defined in s.

790.053.

8. Exposure of sexual organs, as defined in s.

800.03.

9. Unlawful possession of a firearm, as defined in s.

790.22(5).

10. Petit theft, as defined in s.

812.014.

11. Cruelty to animals, as defined in s.

828.12(1).

12. Arson, resulting in bodily harm to a firefighter, as defined in s.

806.031(1).

13. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s.

790.115.

246 A law enforcement agency may fingerprint and photograph a child taken into custody upon probable cause that such child has committed any other violation of law, as the agency deems appropriate.

Such fingerprint records and photographs shall be retained by the law enforcement agency in a separate file, and these records and all copies thereof must be marked “Juvenile Confidential.” These records are not available for public disclosure and inspection under s.

119.07(1) except as provided in ss.

943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal justice agencies, state attorneys, the courts, the child, the parents or legal custodians of the child, their attorneys, and any other person authorized by the court to have access to such records.

In addition, such records may be submitted to the Department of Law Enforcement for inclusion in the state criminal history records and used by criminal justice agencies for criminal justice purposes.

These records may, in the discretion of the court, be open to inspection by anyone upon a showing of cause.

The fingerprint and photograph records shall be produced in the court whenever directed by the court.

Any photograph taken pursuant to this section may be shown by a law enforcement officer to any victim or witness of a crime for the purpose of identifying the person who committed such crime.

Section 4. This act shall take effect July 1, 2018.