61 RESOLUTION NO. _____ _
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A Resolution of the City of South Miami 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
7 WHEREAS; Florida Statute 985.11 originally authorized issuance of civil citation m lieu of
8 arrest, but only for first-time juvenile offenders; and
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10 WHEREAS, Senate Bill 378 has been proposed in an effort to expand law enforcement
11 officers' authority to issue warnings, notices to parents/guardians, participation in diversion
12 programs, or proscribing community service, in lieu of arrests to juveniles beyond first-time
13 offenders of minor crimes;
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15 WHEREAS, Senate Bill 378 will give young offenders more opportumlies to become
16 productive members of society by including juveniles who have committed minor crimes more than
17 one time and who would otherwise have been arrested.
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19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
20 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
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22 Section 1. The Mayor and City Commission of the City of South Miami hereby support Senate
23 Bill 378 (2015) to expand the Florida Stat. Sec. 985.12 titled Civil Citation to issue warnings, notices to
24 parents/guardians, participation in diversion programs, or proscribing community service. A copy of the
25 pertinent portion of Senate Bill 378 is attached.
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27 Section 2. City Clerk. The City Clerk is hereby directed to send an electronic copy of this
28 Resolution to the Mayor and County Commissioners of Miami-Dade County, Florida, all elected
29 municipal officials in Miami-Dade County, all south Florida municipalities, every City Clerk in the State
30 of Florida, every County Clerk in the State of Florida, every state senator and representative, and the
31 Florida League of Cities, Inc.
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33 Section 3. Effective Date. This resolution shall become effective immediately upon adoption by
34 vote of the City Commission.
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PASSED AND ADOPTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Florida Senate -2015 SB 378
By Senator Garcia
38-00317A-15 2015378
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A bill to be entitled
An act relating to juvenile justice; amending s.
985.12, F.S.; authorizing a law enforcement officer to
issue a warning to a juvenile who admits having
committed a misdemeanor or to inform the child's
parent or guardian of the child's infraction;
requiring a law enforcement officer who does not
exercise one of these options to issue a civil
citation or require participation in a similar
diversion program; providing that repeat misdemeanor
offenders may participate in the civil citation
program or a similar diversion program under certain
circumstances; providing that, in exceptional
situations, a law enforcement officer may arrest a
first-time misdemeanor offender in the interest of
protecting public safety; requiring certain written
documentation if such an arrest is made; reenacting
ss. 943.051(3) (b) and 985.11(1) (b), F.S., relating to
the issuance of a civil citation, and the issuance of
a civil citation or similar diversion program,
respectively, to incorporate the amendments made to s.
985.12, F.S., in references thereto; providing an
effective date.
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Subsection (1) of section 985.12, Florida
28 Statutes, is amended to read:
29 985.12 Civil citation.-
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Florida Senate -2015 SB 378
38-00317A-15 2015378
30 (1) There is established a juvenile civil citation process
31 for the purpose of providing an efficient and innovative
32 alternative to custody by the Department of Juvenile Justice for
33 children who commit nonserious delinquent acts and to ensure
34 swift and appropriate consequences. The department shall
35 encourage and assist in the implementation and improvement of
36 civil citation programs or other similar 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 of the chief judge of the circuit, 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
42 as a law enforcement agency, the department, a juvenile
43 assessment center, the county or municipality, or another treffie
44 other entity selected by the county or municipality. An entity
45 operating the civil citation or similar diversion program must
46 do so 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, ~ frfiY 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 child's infraction,
52 or shall may issue a civil citation or require participation in
53 a similar diversion program, and assess up to Rot more thaR 50
54 community service hours, and require participation in
55 intervention services as indicated by an assessment of the needs
56 of the juvenile, including family counseling, urinalysis
57 monitoring, and substance abuse and mental health treatment
58 services. A copy of each citation issued under this section
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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 as to why an arrest was warranted to
67 protect public safety. Only first time misdcmcanor offenders are
68 eligible for the civil citation or similar divcrsion program. At
69 the conclusion of a juvenile's civil citation program or similar
70 diversion program, the agency operating the program shall report
71 the outcome to the department. The issuance of a civil citation
72 is not considered a referral to the department.
73 Section 2. For the purpose of incorporating the amendment
74 made by this act to section 985.12, Florida Statutes, in a
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.-
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80 (b) A minor who is charged with or found to have committed
81 the following offenses shall be fingerprinted and the
82 fingerprints shall be submitted electronically to the
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.
86 2. Battery, as defined in s. 784.03.
87 3. Carrying a concealed weapon, as defined in s. 790.01(1).
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