Pursuant to the amended and expanded code provisions addressed in this Ordinance, and with some stated exceptions, law enforcement officers would have the discretion to issue a civil citation instead of filing a state misdemeanor criminal charge against a person who commits a broader range of nonviolent misdemeanor offenses under Florida law. Law enforcement officers may issue a civil citation for eligible offenses including, but not limited to, possession of drug paraphernalia, misdemeanor assault, misdemeanor battery (if the law enforcement officer determines the encounter resulted in no or minor injuries and, if it is determined that there is a minor injury, the victim consents to the issuance of the citation), retail theft of a shopping cart, trespass on property other than a structure or conveyance, petit theft, criminal mischief, disorderly conduct, littering, loitering, and possession of alcoholic beverages by persons under age 21. Law enforcement officers may not issue citations for ineligible offenses including, but not limited to, a felony, a misdemeanor offense charged in connection with any charge that is a felony, an incident involving domestic violence or a violent crime, driving under the influence (DUI) and other felony traffic-related offenses, or misdemeanor battery that either results in more than a minor injury or where, if it results in a minor injury, the victim does not consent to issuance of a citation. Additionally, issuance of a citation would be prohibited where the person has failed to comply with terms associated with a previously issued citation, has a misdemeanor conviction within the previous twelve (12) months, or has a felony conviction within the previous thirty-six (36) months.
The Ordinance provides for mandatory community service hours and payment of a program fee that may be set on a sliding scale. All participants would be screened by Human Services Department staff to assess whether additional intervention services such as behavioral health, educational programs, or restorative justice meetings are warranted. A participant may state which additional service(s) he or she desires; however, Human Services Department staff will make the final determination of appropriate services based on the results of the screening.
Participants who fail to complete the civil citation program will have their citations sent back to the issuing law enforcement agency for possible criminal prosecution. Participants who successfully complete the program will have their cases closed and cleared by the issuing law enforcement agency.
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