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HomeMy Public PortalAbout15-8985 Supporting Senate Bill 378 (2015)Sponsored by: Commissioner Santiago RESOLUTION No. 15 -8985 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUPPORTING SENATE BILL 378 (2015) TO EXPAND LAW ENFORCEMENT OFFICERS' ABILITY TO GIVE A WARNING, INFORM THE PARENTS /GUARDIAN OR ISSUE CIVIL CITATIONS FOR A DIVERSION PROGRAM TO JUVENILES IN LIEU OF ARREST; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Florida Statute 985.12 originally authorized issuance of civil citation in lieu of arrest but only for first -time juvenile offenders; and WHEREAS, Senate Bill 378 has been proposed in an effort to expand law enforcement officers' authority to issue warnings, notices to parents /guardians, participation in diversion programs, or proscribing community service, in lieu of arrests to juveniles beyond first -time offenders of minor crimes; and WHEREAS, Senate Bill 378 will give young offenders more opportunities to become productive members of society by including juveniles who have committed minor crimes more than one time and who would otherwise have been arrested. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The City Commission of the City of Opa- locka, Florida, hereby supports Senate Bill 378 (2015) to expand the Florida Stat. Sec. 985.12 titled Civil Citation to issue warnings, notices to parents /guardians, participation in diversion programs, or proscribing community service. A copy of the pertinent portion of Senate Bill 378 is attached. Section 2. City Clerk. The City Clerk is hereby directed to send an electronic copy of this Resolution to the Mayor and County Commissioners of Miami -Dade County, Resolution No. 15 -8985 Florida, all elected municipal officials in Miami -Dade County, all south Florida municipalities, every City Clerk in the State of Florida, every County Clerk in the State of Florida, every ate senator and representative, and the Florida League of Cities, Inc. Section 3. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTIED this 2 i day of April, 2015 ATTEST TO: C."", 4�' Jo ina Flores City Clerk Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago Vice Mayor Holmes: Mayor Taylor: Mayor Approved as to form and legal sufficiency: Vincent T. Brown, Esq. BROWN LAW GROUP, LLC City Attorney COMMISSIONER PINDER COMMISSIONER SANTIAGO 5 -0 YES YES YES YES YES ENROLLED 2015 Legislature 1 CS for SB 378, 1st Engrossed 2015378er 2 An act relating to juvenile justice; amending s. 3 985.12, F.S.; authorizing a law enforcement officer to 4 issue a warning to a juvenile who admits having 5 committed a misdemeanor or to inform the child's 6 parent or guardian of the child's infraction; allowing 7 a law enforcement officer who does not exercise one of 8 these options to issue a civil citation or require 9 participation in a similar diversion program; 10 requiring a law enforcement officer to provide written 11 documentation in certain circumstances; providing that 12 repeat misdemeanor offenders may participate in the 13 civil citation program or a similar diversion program 14 under certain circumstances; reenacting ss. 15 943.051 (3) (b) and 985.11 (1) (b) , F.S., relating to the 16 issuance of a civil citation, and the issuance of a 17 civil citation or similar diversion program, 18 respectively, to incorporate the amendments made to s. 19 985.12, F.S., in references thereto; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (1) of section 985.12, Florida 25 Statutes, is amended to read: 26 985.12 Civil citation. - 27 (1) There is established a juvenile civil citation process 28 for the purpose of providing an efficient and innovative 29 alternative to custody by the Department of Juvenile Justice for Page 1 of 6 CODING: Words straieken are deletions; words underlined are additions. ENROLLED 2015 Legislature CS for SE 378, 1st Engrossed 2015378er 30 children who commit nonserious delinquent acts and to ensure 31 swift and appropriate consequences. The department shall 32 encourage and assist in the implementation and improvement of 33 civil citation programs or other similar diversion programs 34 around the state. The civil citation or similar diversion 35 program shall be established at the local level with the 36 concurrence of the chief judge of the circuit, state attorney, 37 public defender, and the head of each local law enforcement 38 agency involved. The program may be operated by an entity such 39 as a law enforcement agency, the department, a juvenile 40 assessment center, the county or municipality, or another eee 41 etheE entity selected by the county or municipality. An entity 42 operating the civil citation or similar diversion program must 43 do so in consultation and agreement with the state attorney and 44 local law enforcement agencies. Under such a juvenile civil 45 citation or similar diversion program, a e-Fry law enforcement 46 officer, upon making contact with a juvenile who admits having 47 committed a misdemeanor, may choose to issue a simple warning or 48 inform the child's guardian or parent of the child's infraction, 49 or may issue a civil citation or require participation in a 50 similar diversion program, and assess up to net m e than 50 51 community service hours, and require participation in 52 intervention services as indicated by an assessment of the needs 53 of the juvenile, including family counseling, urinalysis 54 monitoring, and substance abuse and mental health treatment 55 services. A copy of each citation issued under this section 56 shall be provided to the department, and the department shall 57 enter appropriate information into the juvenile offender 58 information system. Use of the civil citation or similar Page 2 of 6 CODING: Wordsn are deletions; words underlined are additions. ENROLLED 2015 Legislature CS for SB 378, 1st Engrossed 2015378er 59 diversion program is not limited to first -time misdemeanors and 60 may be used in up to two subsequent misdemeanors. If an arrest 61 is made, a law enforcement officer must provide written 62 documentation as to why an arrest was warranted. 63 fftlsdemeaneE e f €ender s -ire - eligible f e f the elvil eitatlen 64 91FRIlar eli versien 19regra— At the conclusion of a juvenile's 65 civil citation program or similar diversion program, the agency 66 operating the program shall report the outcome to the 67 department. The issuance of a civil citation is not considered a 68 referral to the department. 69 Section 2. For the purpose of incorporating the amendment 70 made by this act to section 985.12, Florida Statutes, in a 71 reference thereto, paragraph (b) of subsection (3) of section 72 943.051, Florida Statutes, is reenacted to read: 73 943.051 Criminal justice information; collection and 74 storage; fingerprinting. - 75 (3) 76 (b) A minor who is charged with or found to have committed 77 the following offenses shall be fingerprinted and the 78 fingerprints shall be submitted electronically to the 79 department, unless the minor is issued a civil citation pursuant 80 to s. 985.12: 81 1. Assault, as defined in s. 784.011. 82 2. Battery, as defined in s. 784.03. 83 3. Carrying a concealed weapon, as defined in s. 790.01(1). 84 4. Unlawful use of destructive devices or bombs, as defined 85 in s. 790.1615(1). 86 5. Neglect of a child, as defined in s. 827.03(1)(e). 87 6. Assault or battery on a law enforcement officer, a Page 3 of 6 CODING: Words str-leken are deletions; words underlined are additions. ENROLLED 2015 Legislature CS for SB 378, 1st Engrossed 2015378er 88 firefighter, or other specified officers, as defined in s. 89 784.07 (2) (a) and (b) . 90 7. Open carrying of a weapon, as defined in s. 790.053. 91 8. Exposure of sexual organs, as defined in s. 800.03. 92 9. Unlawful possession of a firearm, as defined in s. 93 790.22 (5) . 94 10. Petit theft, as defined in s. 812.014(3). 95 11. Cruelty to animals, as defined in s. 828.12(1). 96 12. Arson, as defined in s. 806.031(1). 97 13. Unlawful possession or discharge of a weapon or firearm 98 at a school - sponsored event or on school property, as provided 99 in s. 790.115. 100 Section 3. For the purpose of incorporating the amendment 101 made by this act to section 985.12, Florida Statutes, in a 102 reference thereto, paragraph (b) of subsection (1) of section 103 985.11, Florida Statutes, is reenacted to read: 104 985.11 Fingerprinting and photographing. - 105 (1) 106 (b) Unless the child is issued a civil citation or is 107 participating in a similar diversion program pursuant to s. 108 985.12, a child who is charged with or found to have committed 109 one of the following offenses shall be fingerprinted, and the 110 fingerprints shall be submitted to the Department of Law 111 Enforcement as provided in s. 943.051(3)(b): 112 1. Assault, as defined in s. 784.011. 113 2. Battery, as defined in s. 784.03. 114 3. Carrying a concealed weapon, as defined in s. 790.01(1). 115 4. Unlawful use of destructive devices or bombs, as defined 1161 in s. 790.1615 (1) . Page 4 of 6 CODING: Words men are deletions; words underlined are additions. ENROLLED 2015 Legislature CS for SB 378, lst Engrossed 2015378er 117 5. Neglect of a child, as defined in s. 827.03(1)(e). 118 6. Assault on a law enforcement officer, a firefighter, or 119 other specified officers, as defined in s. 784.07(2)(a). 120 7. Open carrying of a weapon, as defined in s. 790.053. 121 8. Exposure of sexual organs, as defined in s. 800.03. 122 9. Unlawful possession of a firearm, as defined in s. 123 790.22(5) . 124 10. Petit theft, as defined in s. 812.014. 125 11. Cruelty to animals, as defined in s. 828.12(1). 126 12. Arson, resulting in bodily harm to a firefighter, as 127 defined in s. 806.031(1). 128 13. Unlawful possession or discharge of a weapon or firearm 129 at a school- sponsored event or on school property as defined in 130 s. 790.115. 131 132 A law enforcement agency may fingerprint and photograph a child 133 taken into custody upon probable cause that such child has 134 committed any other violation of law, as the agency deems 135 appropriate. Such fingerprint records and photographs shall be 136 retained by the law enforcement agency in a separate file, and 137 these records and all copies thereof must be marked "Juvenile 138 Confidential." These records are not available for public 139 disclosure and inspection under s. 119.07(1) except as provided 140 in ss. 943.053 and 985.04(2), but shall be available to other 141 law enforcement agencies, criminal justice agencies, state 142 attorneys, the courts, the child, the parents or legal 143 custodians of the child, their attorneys, and any other person 144 authorized by the court to have access to such records. In 145 addition, such records may be submitted to the Department of Law Page 5 of 6 CODING: Wordsstri:eleen are deletions; words underlined are additions. ENROLLED 2015 Legislature CS for SB 378, 1st Engrossed 2015378er 146 Enforcement for inclusion in the state criminal history records 147 and used by criminal justice agencies for criminal justice 148 purposes. These records may, in the discretion of the court, be 149 open to inspection by anyone upon a showing of cause. The 150 fingerprint and photograph records shall be produced in the 151 court whenever directed by the court. Any photograph taken 152 pursuant to this section may be shown by a law enforcement 153 officer to any victim or witness of a crime for the purpose of 154 identifying the person who committed such crime. 155 Section 4. This act shall take effect October 1, 2015. Page 6 of 6 CODING: Words sti-ieleen are deletions; words underlined are additions.