Res No 034-15-14373RESOLUTION NO.034-15-14373
A Resolution of the City of South Miami supporting Senate Bill 378 (2015)to
expand law enforcement officers'ability togivea warning,inform the
parents/guardian or issue civil citations fora diversion program to juveniles inlieu
of arrest
WHEREAS,FloridaStatute985.11originallyauthorizedissuance of civilcitationinlieu of
arrest but only for first-time juvenile offenders;and
WHEREAS,Senate Bill 378has been proposed inan effort to expand law enforcement
officers'authority to issue warnings,notices to parents/guardians,participation in diversion
programs,or proscribing community service,inlieu of arrests to juveniles beyond first-time
offenders of minor crimes;
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
COMMISSIONERS OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The Mayor andCityCommission of theCity of SouthMiami hereby support Senate
Bill378 (2015)to expand the Florida Stat.Sec.985.12titledCivil Citation toissue warnings,noticesto
parents/guardians,participationindiversionprograms,orproscribingcommunityservice.Acopy of the
pertinent portion of Senate Bill 378is attached.
Section 2.City Clerk.TheCityClerkisherebydirectedtosendanelectroniccopy of this
ResolutiontotheMayorandCountyCommissioners of Miami-DadeCounty,Florida,allelected
municipalofficialsinMiami-DadeCounty,allsouthFloridamunicipalities,everyCityClerkintheState
ofFlorida,everyCountyClerkintheStateof Florida,everystatesenatorand representative,andthe
Florida League of Cities,Inc.
Section3.Effective Date.This resolution shall become effective immediately uponadoptionby
vote of the City Commission.
PASSEDAND ADOPTED this 3rd day of March 2015.
ATTEST:APPROVED:
RM,
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
5-0
Yea
Yea
Yea
Yea
Yea
Florida Senate -2015 SB 378
By Senator Garcia
38-00317A-15 2015378
1 A bill to be entitled
2 An act relating to juvenile justice;amending s.
3 985.12,F.S.;authorizing a law enforcement officer to
4 issue a warning toa juvenile who admits having
5 committed a misdemeanor or to inform the child's
6 parent or guardian ofthe child's infraction;
7 requiring a law enforcement officer who does not
8 exercise one of these options to issue a civil
9 citation or require participation in a similar
10 diversion program;providing that repeat misdemeanor
11 offenders may participate in the civil citation
12 program ora similar diversion program under certain
13 circumstances;providing that,in exceptional
14 situations,a law enforcement officer may arrest a
15 first-time misdemeanor offender in the interest of
16 protecting public safety;requiring certain written
17 documentation if such an arrest ismade;reenacting
18 ss.943,051(3)(b)and 985.11(1)(b),F.S.,relating to
19 the issuance ofa civil citation,and the issuance of
20acivil citation orsimilar diversion program,
21 respectively,to incorporate the amendments madetos.
22 985.12,F.S.,in references thereto;providingan
23 effective date.
24
25BeIt Enacted by the Legislature ofthe State of Florida:
26
27 Section 1.Subsection (1)ofsection985.12,Florida
28 Statutes,is amended to read:
29 985.12 Civil citation.-
Page 1
CODING:Words otrickcn are deletions;words underlined are additions,
Florida Senate -2015 SB 378
38-00317A-15 2015378
30 (1)Thereisestablishedajuvenilecivilcitationprocess
31forthe purpose of providing an efficient and innovative
32 alternative tocustodybytheDepartmentofJuvenileJusticefor
33 children whocommitnonseriousdelinquentactsandtoensure
34swiftand appropriate consequences.Thedepartmentshall
35 encourage and assistinthe implementation and improvement of
36civil citation programs orothersimilar diversion programs
37 around the state.The civil citation or similar,diversion
38 program shall be established at the local level with the
39 concurrence ofthe chief judge ofthecircuit,state attorney,
40 public defender,and the head of each local law enforcement
41 agency involved.The program may be operated by an entity such
42asa law enforcement agency,the department,a juvenile
43 assessment center,the county or municipality,or another some
44 other entity selected by the county or municipality.An entity
45 operating the civil citation or similar diversion program must
46doso in consultation and agreement with the state attorney and
47 local law enforcement agencies.Under such a juvenile civil
48 citation or similar diversion program,a afty law enforcement
49 officer,upon making contact with a juvenile who admits having
50 committed a misdemeanor,may choose to issue a simple warning or
51 inform the child's guardian or parent of the child7s infraction,
52or shall may-issue a civil citation or require participation in
53a similar diversion program,and assess up to not more than 50
54 community service hours,and require participation in
55 intervention services as indicated by an assessment of the needs
56ofthe juvenile,including family counseling,urinalysis
57 monitoring,and substance abuse and mental health treatment
58services.A copy of each citation issued under this section
Page 2
CODING:Words stricken are deletions;words underlined are additions.
Florida Senate 2015 SB 378
38-00317A-15 2015378
59 shall be provided to the department,and the department shall
60 enter appropriate information into the juvenile offender
61 information system.Use of the civil citation or similar
62 diversion program is not limited to first-time offenses and may
63 be used in a second or subsequent offense.In exceptional
64 situations,a local law enforcement officer may arrest a
65 juvenile for a first-time misdemeanor if he or she provides
66 written documentation asto why an arrest was warranted to
67 protect public safety.Only first-time misdemeanor offenders arc
68 eligible forthe civil citation or similar diversion program.At
69 the conclusion ofa juvenile's civil citation program or similar
70 diversion program,the agency operating the program shallreport
71 the outcome to the department.The issuance ofa civil citation
72isnot considered areferraltothedepartment.
73 Section 2.Forthepurposeof incorporating the amendment
74 made by thisactto section 985.12,Florida Statutes,ina
75 reference thereto,paragraph (b)of subsection (3)of section
76 943.051,Florida Statutes,is reenacted to read:
77 943.051 Criminal justice information;collection and
78 storage;fingerprinting.—
79 (3)
80 (b)A minor whois charged withor found tohave committed
81thefollowingoffensesshallbefingerprintedandthe
82fingerprintsshallbesubmittedelectronicallytothe
83 department,unless the minor is issued a civil citation pursuant
84 to s.985.12:
85 1..Assault,as defined in s.784.011.
862.Battery,as defined in s.784.03.
87 3.Carryingaconcealed weapon,asdefinedin s.790.01(1).
Page 3
CODING:Words otrickcn are deletions;words underlined are additions.