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
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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
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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
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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
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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) .
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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
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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.
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