Bill Text: FL S1392 | 2018 | Regular Session | Enrolled
Bill Title: Criminal Justice
Spectrum: Bipartisan Bill
Status: (Passed) 2018-04-02 - Chapter No. 2018-127 [S1392 Detail]
Download: Florida-2018-S1392-Enrolled.html
ENROLLED 2018 Legislature CS for CS for SB 1392, 1st Engrossed 20181392er 1 2 An act relating to criminal justice; amending s. 3 20.315, F.S.; requiring the Department of Corrections 4 to include information in its annual report on inmate 5 admission based on offense type and recidivism rate; 6 creating s. 900.05, F.S.; providing legislative 7 intent; declaring an important state interest; 8 providing definitions; requiring specified entities to 9 collect and periodically transmit specific data to the 10 Department of Law Enforcement; requiring the 11 department to compile, maintain, and make publicly 12 accessible such data; providing sanctions for 13 noncompliance by an entity required to collect and 14 transmit data; creating s. 901.41, F.S.; providing 15 legislative intent; encouraging local communities and 16 public or private educational institutions to 17 implement prearrest diversion programs for certain 18 offenders; encouraging prearrest diversion programs to 19 share information with other prearrest diversion 20 programs; authorizing law enforcement officers, at 21 their sole discretion, to issue a civil citation or 22 similar prearrest diversion program notice under 23 specified circumstances to adults who commit certain 24 misdemeanor offenses; requiring an adult who receives 25 a civil citation or similar prearrest diversion 26 program notice to report for intake as required by the 27 prearrest diversion program; requiring that the 28 prearrest diversion program provide specified services 29 to adults who participate, as appropriate; requiring 30 that an adult who is issued a civil citation or 31 similar prearrest diversion program notice fulfill a 32 community service requirement; requiring the adult to 33 pay restitution to a victim; requiring law enforcement 34 officers to determine whether there is good cause to 35 arrest participants who do not successfully complete a 36 prearrest diversion program and, if so, to refer the 37 case to the state attorney, or, in the absence of good 38 cause, to allow the participant to continue in the 39 program; requiring representatives of specified 40 entities to create the prearrest diversion program; 41 requiring the entities to develop policies and 42 procedures for the development and operation of the 43 program, including designation of the misdemeanor 44 offenses that qualify persons for participation, and 45 to solicit input from other interested stakeholders; 46 authorizing specified entities to operate programs; 47 requiring prearrest diversion program operators to 48 electronically provide participants’ personal 49 identifying information to the clerk of the circuit 50 court; specifying requirements for the clerks’ 51 handling and maintenance of certain information; 52 requiring that a portion of any participation fee go 53 to the appropriate clerk of the circuit court; 54 requiring fees received by the clerks of the circuit 55 court to be deposited in a certain fund; providing 56 applicability; specifying that certain offenses are 57 ineligible for such programs; amending s. 907.043, 58 F.S.; requiring each pretrial release program to 59 include in its annual report the types of criminal 60 charges of defendants accepted into a pretrial release 61 program, the number of defendants accepted into a 62 pretrial release program who paid a bail or bond, the 63 number of defendants accepted into a pretrial release 64 program with no prior criminal conviction, and the 65 number of defendants for whom a pretrial risk 66 assessment tool was used or was not; amending s. 67 921.0024, F.S.; requiring scoresheets prepared for all 68 criminal defendants to be digitized; requiring the 69 Department of Corrections to develop and submit 70 revised digitized scoresheets to the Supreme Court for 71 approval; requiring digitized scoresheets to include 72 individual data cells for each field on the 73 scoresheet; requiring the clerk of court to 74 electronically transmit the digitized scoresheet used 75 in each sentencing proceeding to the department; 76 amending s. 943.0582, F.S.; requiring, rather than 77 authorizing, the Department of Law Enforcement to 78 adopt rules for the expunction of certain nonjudicial 79 records of the arrest of a minor upon successful 80 completion by the minor of certain diversion programs; 81 providing and revising definitions; revising the 82 circumstances under which the department must expunge 83 certain nonjudicial arrest records; deleting the 84 department’s authority to charge a processing fee for 85 the expunction; creating s. 943.687, F.S.; requiring 86 the Department of Law Enforcement to collect, compile, 87 maintain, and manage data collected pursuant to s. 88 900.05, F.S.; requiring the department to make data 89 comparable, transferable, and readily usable; 90 requiring an Internet-based database; providing 91 requirements for data searchability and sharing; 92 requiring monitoring of data collection procedures; 93 providing for data archiving, editing, and retrieval; 94 creating s. 945.041, F.S.; requiring the Department of 95 Corrections to publish quarterly on its website inmate 96 admissions based on offense type and recidivism rate; 97 amending s. 985.12, F.S.; providing legislative 98 findings and intent; deleting provisions establishing 99 a juvenile civil citation process with a certain 100 purpose; establishing a civil citation or similar 101 prearrest diversion program in each judicial circuit, 102 rather than at the local level, with the concurrence 103 of specified persons; requiring that the state 104 attorney and public defender of each circuit, the 105 clerk of the court for each county in the circuit, and 106 representatives of participating law enforcement 107 agencies create a civil citation or similar prearrest 108 diversion program and develop its policies and 109 procedures; authorizing such entities to solicit 110 stakeholders for input in developing the program’s 111 policies and procedures; requiring the Department of 112 Juvenile Justice to annually develop and provide 113 guidelines on civil citation or similar prearrest 114 diversion programs to the judicial circuits; providing 115 requirements for the civil citation or similar 116 prearrest diversion program; requiring the state 117 attorney of each judicial circuit to operate the civil 118 citation or similar prearrest diversion program; 119 providing an exception; providing construction; 120 requiring the arresting law enforcement officer to 121 make a determination if a juvenile does not 122 successfully complete the civil citation or similar 123 prearrest diversion program; deleting provisions 124 relating to the operation of and requirements for a 125 civil citation or similar prearrest diversion program; 126 requiring that a copy of each civil citation or 127 similar prearrest diversion program notice be provided 128 to the Department of Juvenile Justice; conforming 129 provisions to changes made by the act; deleting 130 provisions relating to requirements for a civil 131 citation or similar prearrest diversion program; 132 amending s. 985.125, F.S.; conforming a provision to 133 changes made by the act; amending s. 985.145, F.S.; 134 requiring the department to enter information 135 pertaining to a first-time misdemeanor offense into 136 Prevention Web until formal charges are filed; 137 requiring the department to retain records of a first 138 time misdemeanor offense in Prevention Web if formal 139 charges are not filed; creating s. 985.126, F.S.; 140 defining the term “diversion program”; requiring a 141 diversion program to submit to the department 142 specified data relating to diversion programs; 143 requiring a law enforcement agency to submit to the 144 department specified data about diversion programs; 145 requiring the department to compile and publish the 146 data in a specified manner; authorizing a minor under 147 certain circumstances to deny or fail to acknowledge 148 his or her expunction of a certain nonjudicial arrest 149 record unless an exception applies; requiring the 150 department to adopt rules; creating a pilot project in 151 a specified judicial circuit to improve criminal 152 justice data transparency and ensure data submitted 153 under s. 900.05, F.S., is accurate, valid, reliable, 154 and structured; permitting a memorandum of 155 understanding with a national, nonpartisan, not-for 156 profit foundation meeting certain criteria for the 157 purpose of embedding a data fellow in the office or 158 agency; establishing data fellow duties and 159 responsibilities; providing for the expiration of the 160 pilot project; providing appropriations; providing an 161 effective date. 162 163 Be It Enacted by the Legislature of the State of Florida: 164 165 Section 1. Subsection (5) of section 20.315, Florida 166 Statutes, is amended to read: 167 20.315 Department of Corrections.—There is created a 168 Department of Corrections. 169 (5) ANNUAL REPORTING.—The department shall report annually 170 to the Governor, the President of the Senate, and the Speaker of 171 the House of Representatives recounting its activities and 172 making recommendations for improvements to the performance of 173 the department. The annual report shall include information 174 published under s. 945.041. 175 Section 2. Section 900.05, Florida Statutes, is created to 176 read: 177 900.05 Criminal justice data collection.— 178 (1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of 179 the Legislature to create a model of uniform criminal justice 180 data collection by requiring local and state criminal justice 181 agencies to report complete, accurate, and timely data, and 182 making such data available to the public. The Legislature finds 183 that it is an important state interest to implement a uniform 184 data collection process and promote criminal justice data 185 transparency. 186 (2) DEFINITIONS.—As used in this section, the term: 187 (a) “Annual felony caseload” means the yearly caseload of 188 each full-time state attorney and assistant state attorney or 189 public defender and assistant public defender for cases assigned 190 to the circuit criminal division, based on the number of felony 191 cases reported to the Supreme Court under s. 25.075. The term 192 does not include the appellate caseload of a public defender or 193 assistant public defender. Cases reported pursuant to this term 194 must be associated with a case number and each case number must 195 only be reported once regardless of the number of attorney 196 assignments that occur during the course of litigation. 197 (b) “Annual misdemeanor caseload” means the yearly caseload 198 of each full-time state attorney and assistant state attorney or 199 public defender and assistant public defender for cases assigned 200 to the county criminal division, based on the number of 201 misdemeanor cases reported to the Supreme Court under s. 25.075. 202 The term does not include the appellate caseload of a public 203 defender or assistant public defender. Cases reported pursuant 204 to this term must be associated with a case number and each case 205 number must only be reported once regardless of the number of 206 attorney assignments that occur during the course of litigation. 207 (c) “Attorney assignment date” means the date a court 208 appointed attorney is assigned to the case or, if privately 209 retained, the date an attorney files a notice of appearance with 210 the clerk of court. 211 (d) “Attorney withdrawal date” means the date the court 212 removes court-appointed counsel from a case or, for a privately 213 retained attorney, the date a motion to withdraw is granted by 214 the court. 215 (e) “Case number” means the identification number assigned 216 by the clerk of court to a criminal case. 217 (f) “Case status” means whether a case is open, inactive, 218 closed, or reopened due to a violation of probation or community 219 control. 220 (g) “Charge description” means the statement of the conduct 221 that is alleged to have been violated, the associated statutory 222 section establishing such conduct as criminal, and the 223 misdemeanor or felony classification that is provided for in the 224 statutory section alleged to have been violated. 225 (h) “Charge modifier” means an aggravating circumstance of 226 an alleged crime that enhances or reclassifies a charge to a 227 more serious misdemeanor or felony offense level. 228 (i) “Concurrent or consecutive sentence flag” means an 229 indication that a defendant is serving another sentence 230 concurrently or consecutively in addition to the sentence for 231 which data is being reported. 232 (j) “Daily number of correctional officers” means the 233 number of full-time, part-time, and auxiliary correctional 234 officers who are actively providing supervision, protection, 235 care, custody, and control of inmates in a county detention 236 facility or state correctional institution or facility each day. 237 (k) “Defense attorney type” means whether the attorney is a 238 public defender, regional conflict counsel, or other counsel 239 court-appointed for the defendant; the attorney is privately 240 retained by the defendant; or the defendant is represented pro 241 se. 242 (l) “Deferred prosecution or pretrial diversion agreement 243 date” means the date a contract is signed by the parties 244 regarding a defendant’s admission into a deferred prosecution or 245 pretrial diversion program. 246 (m) “Deferred prosecution or pretrial diversion hearing 247 date” means each date that a hearing, including a status 248 hearing, is held on a case that is in a deferred prosecution or 249 pretrial diversion program, if applicable. 250 (n) “Disciplinary violation and action” means any conduct 251 performed by an inmate in violation of the rules of a county 252 detention facility or state correctional institution or facility 253 that results in the initiation of disciplinary proceedings by 254 the custodial entity and the consequences of such disciplinary 255 proceedings. 256 (o) “Disposition date” means the date of final judgment, 257 adjudication, adjudication withheld, dismissal, or nolle 258 prosequi for the case and if different dates apply, the 259 disposition dates of each charge. 260 (p) “Domestic violence flag” means an indication that a 261 charge involves domestic violence as defined in s. 741.28. 262 (q) “Gang affiliation flag” means an indication that a 263 defendant is involved in or associated with a criminal gang as 264 defined in s. 874.03. 265 (r) “Gain-time credit earned” means a credit of time 266 awarded to an inmate in a county detention facility in 267 accordance with s. 951.22 or a state correctional institution or 268 facility in accordance with s. 944.275. 269 (s) “Habitual offender flag” means an indication that a 270 defendant is a habitual felony offender as defined in s. 775.084 271 or a habitual misdemeanor offender as defined in s. 775.0837. 272 (t) “Judicial transfer date” means a date on which a 273 defendant’s case is transferred to another court or presiding 274 judge. 275 (u) “Number of contract attorneys representing indigent 276 defendants for the office of the public defender” means the 277 number of attorneys hired on a temporary basis, by contract, to 278 represent indigent clients who were appointed a public defender. 279 (v) “Pretrial release violation flag” means an indication 280 that the defendant has violated the terms of his or her pretrial 281 release. 282 (w) “Prior incarceration within the state” means any prior 283 history of a defendant being incarcerated in a county detention 284 facility or state correctional institution or facility. 285 (x) “Tentative release date” means the anticipated date 286 that an inmate will be released from incarceration after the 287 application of adjustments for any gain-time earned or credit 288 for time served. 289 (y) “Sexual offender flag” means an indication that a 290 defendant required to register as a sexual predator as defined 291 in s. 775.21 or as a sexual offender as defined in s. 943.0435. 292 (3) DATA COLLECTION AND REPORTING.—Beginning January 1, 293 2019, an entity required to collect data in accordance with this 294 subsection shall collect the specified data required of the 295 entity on a biweekly basis. Each entity shall report the data 296 collected in accordance with this subsection to the Department 297 of Law Enforcement on a monthly basis. 298 (a) Clerk of the court.—Each clerk of court shall collect 299 the following data for each criminal case: 300 1. Case number. 301 2. Date that the alleged offense occurred. 302 3. County in which the offense is alleged to have occurred. 303 4. Date the defendant is taken into physical custody by a 304 law enforcement agency or is issued a notice to appear on a 305 criminal charge, if such date is different from the date the 306 offense is alleged to have occurred. 307 5. Date that the criminal prosecution of a defendant is 308 formally initiated through the filing, with the clerk of the 309 court, of an information by the state attorney or an indictment 310 issued by a grand jury. 311 6. Arraignment date. 312 7. Attorney assignment date. 313 8. Attorney withdrawal date. 314 9. Case status. 315 10. Disposition date. 316 11. Information related to each defendant, including: 317 a. Identifying information, including name, date of birth, 318 age, race or ethnicity, and gender. 319 b. Zip code of primary residence. 320 c. Primary language. 321 d. Citizenship. 322 e. Immigration status, if applicable. 323 f. Whether the defendant has been found by a court to be 324 indigent pursuant to s. 27.52. 325 12. Information related to the formal charges filed against 326 the defendant, including: 327 a. Charge description. 328 b. Charge modifier, if applicable. 329 c. Drug type for each drug charge, if known. 330 d. Qualification for a flag designation as defined in this 331 section, including a domestic violence flag, gang affiliation 332 flag, sexual offender flag, habitual offender flag, or pretrial 333 release violation flag. 334 13. Information related to bail or bond and pretrial 335 release determinations, including the dates of any such 336 determinations: 337 a. Pretrial release determination made at a first 338 appearance hearing that occurs within 24 hours of arrest, 339 including all monetary and nonmonetary conditions of release. 340 b. Modification of bail or bond conditions made by a court 341 having jurisdiction to try the defendant or, in the absence of 342 the judge of the trial court, by the circuit court, including 343 modifications to any monetary and nonmonetary conditions of 344 release. 345 c. Cash bail or bond payment, including whether the 346 defendant utilized a bond agent to post a surety bond. 347 d. Date defendant is released on bail, bond, or pretrial 348 release. 349 e. Bail or bond revocation due to a new offense, a failure 350 to appear, or a violation of the terms of bail or bond, if 351 applicable. 352 14. Information related to court dates and dates of motions 353 and appearances, including: 354 a. Date of any court appearance and the type of proceeding 355 scheduled for each date reported. 356 b. Date of any failure to appear in court, if applicable. 357 c. Judicial transfer date, if applicable. 358 d. Trial date. 359 e. Date that a defendant files a notice to participate in 360 discovery. 361 f. Speedy trial motion and hearing dates, if applicable. 362 g. Dismissal motion and hearing dates, if applicable. 363 15. Defense attorney type. 364 16. Information related to sentencing, including: 365 a. Date that a court enters a sentence against a defendant. 366 b. Charge sentenced to, including charge sequence number, 367 charge description, statute, type, and charge class severity. 368 c. Sentence type and length imposed by the court, 369 including, but not limited to, the total duration of 370 imprisonment in a county detention facility or state 371 correctional institution or facility, and conditions probation 372 or community control supervision. 373 d. Amount of time served in custody by the defendant 374 related to the reported criminal case that is credited at the 375 time of disposition of the case to reduce the actual length of 376 time the defendant will serve on the term of imprisonment that 377 is ordered by the court at disposition. 378 e. Total amount of court fees imposed by the court at the 379 disposition of the case. 380 f. Outstanding balance of the defendant’s court fees 381 imposed by the court at disposition of the case. 382 g. Total amount of fines imposed by the court at the 383 disposition of the case. 384 h. Outstanding balance of the defendant’s fines imposed by 385 the court at disposition of the case. 386 i. Restitution amount ordered, including the amount 387 collected by the court and the amount paid to the victim, if 388 applicable. 389 j. Digitized sentencing scoresheet prepared in accordance 390 with s. 921.0024. 391 17. The number of judges or magistrates, or their 392 equivalents, hearing cases in circuit or county criminal 393 divisions of the circuit court. Judges or magistrates, or their 394 equivalents, who solely hear appellate cases from the county 395 criminal division are not to be reported under this 396 subparagraph. 397 (b) State attorney.—Each state attorney shall collect the 398 following data: 399 1. Information related to a human victim of a criminal 400 offense, including: 401 a. Identifying information of the victim, including race or 402 ethnicity, gender, and age. 403 b. Relationship to the offender, if any. 404 2. Number of full-time prosecutors. 405 3. Number of part-time prosecutors. 406 4. Annual felony caseload. 407 5. Annual misdemeanor caseload. 408 6. Any charge referred to the state attorney by a law 409 enforcement agency related to an episode of criminal activity. 410 7. Number of cases in which a no-information was filed. 411 8. Information related to each defendant, including: 412 a. Each charge referred to the state attorney by a law 413 enforcement agency related to an episode of criminal activity. 414 b. Drug type for each drug charge, if applicable. 415 (c) Public defender.—Each public defender shall collect the 416 following data for each criminal case: 417 1. Number of full-time public defenders. 418 2. Number of part-time public defenders. 419 3. Number of contract attorneys representing indigent 420 defendants for the office of the public defender. 421 4. Annual felony caseload. 422 5. Annual misdemeanor caseload. 423 (d) County detention facility.—The administrator of each 424 county detention facility shall collect the following data: 425 1. Maximum capacity for the county detention facility. 426 2. Weekly admissions to the county detention facility for a 427 revocation of probation or community control. 428 3. Daily population of the county detention facility, 429 including the specific number of inmates in the custody of the 430 county that: 431 a. Are awaiting case disposition. 432 b. Have been sentenced by a court to a term of imprisonment 433 in the county detention facility. 434 c. Have been sentenced by a court to a term of imprisonment 435 with the Department of Corrections and who are awaiting 436 transportation to the department. 437 d. Have a federal detainer or are awaiting disposition of a 438 case in federal court. 439 4. Information related to each inmate, including: 440 a. Date a defendant is processed into the county detention 441 facility subsequent to an arrest for a new violation of law or 442 for a violation of probation or community control. 443 b. Reason why a defendant is processed into the county 444 detention facility if it is for a new law violation or a 445 violation of probation or community control. 446 c. Qualification for a flag designation as defined in this 447 section, including domestic violence flag, gang affiliation 448 flag, habitual offender flag, pretrial release violation flag, 449 or sexual offender flag. 450 5. Total population of the county detention facility at 451 year-end. This data must include the same specified 452 classifications as subparagraph 3. 453 6. Per diem rate for a county detention facility bed. 454 7. Daily number of correctional officers for the county 455 detention facility. 456 8. Annual county detention facility budget. This 457 information only needs to be reported once annually at the 458 beginning of the county’s fiscal year. 459 9. Revenue generated for the county from the temporary 460 incarceration of federal defendants or inmates. 461 (e) Department of Corrections.—The Department of 462 Corrections shall collect the following data: 463 1. Information related to each inmate, including: 464 a. Identifying information, including name, date of birth, 465 race or ethnicity, and identification number assigned by the 466 department. 467 b. Number of children. 468 c. Education level, including any vocational training. 469 d. Date the inmate was admitted to the custody of the 470 department. 471 e. Current institution placement and the security level 472 assigned to the institution. 473 f. Custody level assignment. 474 g. Qualification for a flag designation as defined in this 475 section, including sexual offender flag, habitual offender flag, 476 gang affiliation flag, or concurrent or consecutive sentence 477 flag. 478 h. County that committed the prisoner to the custody of the 479 department. 480 i. Whether the reason for admission to the department is 481 for a new conviction or a violation of probation, community 482 control, or parole. For an admission for a probation, community 483 control, or parole violation, the department shall report 484 whether the violation was technical or based on a new violation 485 of law. 486 j. Specific statutory citation for which the inmate was 487 committed to the department, including, for an inmate convicted 488 of drug trafficking under s. 893.135, the statutory citation for 489 each specific drug trafficked. 490 k. Length of sentence or concurrent or consecutive 491 sentences served. 492 l. Tentative release date. 493 m. Gain time earned in accordance with s. 944.275. 494 n. Prior incarceration within the state. 495 o. Disciplinary violation and action. 496 p. Participation in rehabilitative or educational programs 497 while in the custody of the department. 498 2. Information about each state correctional institution or 499 facility, including: 500 a. Budget for each state correctional institution or 501 facility. 502 b. Daily prison population of all inmates incarcerated in a 503 state correctional institution or facility. 504 c. Daily number of correctional officers for each state 505 correctional institution or facility. 506 3. Information related to persons supervised by the 507 department on probation or community control, including: 508 a. Identifying information for each person supervised by 509 the department on probation or community control, including his 510 or her name, date of birth, race or ethnicity, sex, and 511 department-assigned case number. 512 b. Length of probation or community control sentence 513 imposed and amount of time that has been served on such 514 sentence. 515 c. Projected termination date for probation or community 516 control. 517 d. Revocation of probation or community control due to a 518 violation, including whether the revocation is due to a 519 technical violation of the conditions of supervision or from the 520 commission of a new law violation. 521 4. Per diem rates for: 522 a. Prison bed. 523 b. Probation. 524 c. Community control. 525 526 This information only needs to be reported once annually at the 527 time the most recent per diem rate is published. 528 (4) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the 529 Department of Law Enforcement shall publish datasets in its 530 possession in a modern, open, electronic format that is machine 531 readable and readily accessible by the public on the 532 department’s website. The published data must be searchable, at 533 a minimum, by each data element, county, circuit, and unique 534 identifier. Beginning March 1, 2019, the department shall begin 535 publishing the data received under subsection (2) in the same 536 modern, open, electronic format that is machine-readable and 537 readily accessible to the public on the department’s website. 538 The department shall publish all data received under subsection 539 (2) no later than July 1, 2019. 540 (5) NONCOMPLIANCE.—Notwithstanding any other provision of 541 law, an entity required to collect and transmit data under 542 subsection (3)(a) or (3)(d) which does not comply with the 543 requirements of this section is ineligible to receive funding 544 from the General Appropriations Act, any state grant program 545 administered by the Department of Law Enforcement, or any other 546 state agency for 5 years after the date of noncompliance. 547 Section 3. Section 901.41, Florida Statutes, is created to 548 read: 549 901.41 Prearrest diversion programs.— 550 (1) LEGISLATIVE INTENT.—The Legislature encourages local 551 communities and public or private educational institutions to 552 implement prearrest diversion programs that afford certain 553 adults who fulfill specified intervention and community service 554 obligations the opportunity to avoid an arrest record. The 555 Legislature does not mandate that a particular prearrest 556 diversion program for adults be adopted, but finds that the 557 adoption of the model program provided in this section would 558 allow certain adults to avoid an arrest record while ensuring 559 that they receive appropriate services and fulfill their 560 community service obligations. If a prearrest diversion program 561 is implemented, the program is encouraged to share information 562 with other prearrest diversion programs. 563 (2) MODEL PREARREST DIVERSION PROGRAM.—Local communities 564 and public or private educational institutions may adopt a 565 prearrest diversion program in which: 566 (a) Law enforcement officers, at their sole discretion, may 567 issue a civil citation or similar prearrest diversion program 568 notice to certain adults who commit a qualifying misdemeanor 569 offense, as determined by the representatives that develop the 570 program under subsection (3). A civil citation or similar 571 prearrest diversion program notice may be issued if the adult 572 who commits the offense: 573 1. Admits that he or she committed the offense or does not 574 contest the offense; and 575 2. Has not previously been arrested and has not received an 576 adult civil citation or similar prearrest diversion program 577 notice, unless the terms of the local adult prearrest diversion 578 program allow otherwise. The local adult prearrest diversion 579 program shall establish a limit on the number of times an 580 eligible adult may participate in the program. 581 (b) An adult who receives a civil citation or similar 582 prearrest diversion program notice shall report for intake as 583 required by the local prearrest diversion program and must be 584 provided appropriate assessment, intervention, education, and 585 behavioral health care services by the program. While in the 586 local prearrest diversion program, the adult shall perform 587 community service hours as specified by the program. The adult 588 shall pay restitution due to the victim as a program 589 requirement. If the adult does not successfully complete the 590 prearrest diversion program, the law enforcement officer must 591 determine if there is good cause to arrest the adult for the 592 original misdemeanor offense and, if so, refer the case to the 593 state attorney to determine whether prosecution is appropriate 594 or, in the absence of a finding of good cause, allow the adult 595 to continue in the program. 596 (3) PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.— 597 (a) Representatives of participating law enforcement 598 agencies, a representative of the program services provider, the 599 public defender, the state attorney, and the clerk of the 600 circuit court shall create the prearrest diversion program and 601 develop its policies and procedures, including, but not limited 602 to, eligibility criteria, program implementation and operation, 603 and the determination of the fee, if any, to be paid by adults 604 participating in the program. In developing the program’s 605 policies and procedures, which must include the designation of 606 the misdemeanor offenses that qualify adults for participation 607 in the program, the representatives must solicit input from 608 other interested stakeholders. The program may be operated by an 609 entity such as a law enforcement agency or a county or 610 municipality, or other entity selected by the county or 611 municipality. 612 (b) Upon intake of an adult participating in the prearrest 613 diversion program, the program operator shall electronically 614 provide the participant’s personal identifying information to 615 the clerk of the circuit court for the county in which the 616 program provides services. Such information is not a court 617 record, and the clerk of the circuit court shall maintain the 618 confidentiality of the participant’s personal identifying 619 information as provided in subsection (5). The clerk of the 620 circuit court shall maintain such information in a statewide 621 database, which must provide a single point of access for all 622 such statewide information. If the program imposes a 623 participation fee, the clerk of the circuit court must receive a 624 reasonable portion, to be determined by the stakeholders 625 creating the program, for receipt and maintenance of the 626 required information. The fee shall be deposited by the clerk of 627 the circuit court into the fine and forfeiture fund established 628 under s. 142.01. 629 (4) APPLICABILITY.—This section does not preempt a county 630 or municipality from enacting noncriminal sanctions for a 631 violation of an ordinance or other violation, and it does not 632 preempt a county, a municipality, or a public or private 633 educational institution from creating its own model for a 634 prearrest diversion program for adults. 635 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime 636 of domestic violence, as defined in s. 741.28, or a misdemeanor 637 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, 638 s. 784.0487, or s. 784.049 does not qualify for a civil citation 639 or prearrest diversion program. 640 Section 4. Paragraph (b) of subsection (4) of section 641 907.043, Florida Statutes, is amended to read: 642 907.043 Pretrial release; citizens’ right to know.— 643 (4) 644 (b) The annual report must contain, but need not be limited 645 to: 646 1. The name, location, and funding sources of the pretrial 647 release program, including the amount of public funds, if any, 648 received by the pretrial release program. 649 2. The operating and capital budget of each pretrial 650 release program receiving public funds. 651 3.a. The percentage of the pretrial release program’s total 652 budget representing receipt of public funds. 653 b. The percentage of the total budget which is allocated to 654 assisting defendants obtain release through a nonpublicly funded 655 program. 656 c. The amount of fees paid by defendants to the pretrial 657 release program. 658 4. The number of persons employed by the pretrial release 659 program. 660 5. The number of defendants assessed and interviewed for 661 pretrial release. 662 6. The number of defendants recommended for pretrial 663 release. 664 7. The number of defendants for whom the pretrial release 665 program recommended against nonsecured release. 666 8. The number of defendants granted nonsecured release 667 after the pretrial release program recommended nonsecured 668 release. 669 9. The number of defendants assessed and interviewed for 670 pretrial release who were declared indigent by the court. 671 10. The number of defendants accepted into a pretrial 672 release program who paid a surety or cash bail or bond. 673 11. The number of defendants for whom a risk assessment 674 tool was used in determining whether the defendant should be 675 released pending the disposition of the case and the number of 676 defendants for whom a risk assessment tool was not used. 677 12. The specific statutory citation for each criminal 678 charge related to a defendant whose case is accepted into a 679 pretrial release program, including, at a minimum, the number of 680 defendants charged with dangerous crimes as defined in s. 681 907.041; nonviolent felonies; or misdemeanors only. A 682 “nonviolent felony” for purposes of this subparagraph excludes 683 the commission of, an attempt to commit, or a conspiracy to 684 commit any of the following: 685 a. An offense enumerated in s. 775.084(1)(c); 686 b. An offense that requires a person to register as a 687 sexual predator in accordance with s. 775.21 or as a sexual 688 offender in accordance with s. 943.0435 689 c. Failure to register as a sexual predator in violation of 690 s. 775.21 or as a sexual offender in violation of s. 943.0435; 691 d. Facilitating or furthering terrorism in violation of s. 692 775.31; 693 e. A forcible felony as described in s. 776.08; 694 f. False imprisonment in violation of s. 787.02; 695 g. Burglary of a dwelling or residence in violation of s. 696 810.02(3). 697 h. Abuse, aggravated abuse, and neglect of an elderly 698 person or disabled adult in violation of s. 825.102; 699 i. Abuse, aggravated abuse, and neglect of a child in 700 violation of s. 827.03; 701 j. Poisoning of food or water in violation of s. 859.01; 702 k. Abuse of a dead human body in violation of s. 872.06; 703 l. A capital offense in violation of chapter 893; 704 m. An offense that results in serious bodily injury or 705 death to another human; or 706 n. A felony offense in which the defendant used a weapon or 707 firearm in the commission of the offense. 708 13. The number of defendants accepted into a pretrial 709 release program with no prior criminal conviction. 710 14.10.The name and case number of each person granted 711 nonsecured release who: 712 a. Failed to attend a scheduled court appearance. 713 b. Was issued a warrant for failing to appear. 714 c. Was arrested for any offense while on release through 715 the pretrial release program. 716 15.11.Any additional information deemed necessary by the 717 governing body to assess the performance and cost efficiency of 718 the pretrial release program. 719 Section 5. Subsections (3), (4), (5), (6), and (7) of 720 section 921.0024, Florida Statutes, are amended to read: 721 921.0024 Criminal Punishment Code; worksheet computations; 722 scoresheets.— 723 (3) A single digitized scoresheet shall be prepared for 724 each defendant to determine the permissible range for the 725 sentence that the court may impose, except that if the defendant 726 is before the court for sentencing for more than one felony and 727 the felonies were committed under more than one version or 728 revision of the guidelines or the code, separate digitized 729 scoresheets must be prepared. The scoresheet or scoresheets must 730 cover all the defendant’s offenses pending before the court for 731 sentencing. The state attorney shall prepare the digitized 732 scoresheet or scoresheets, which must be presented to the 733 defense counsel for review for accuracy in all cases unless the 734 judge directs otherwise. The defendant’s scoresheet or 735 scoresheets must be approved and signed by the sentencing judge. 736 (4) The Department of Corrections, in consultation with the 737 Office of the State Courts Administrator, state attorneys, and 738 public defenders, must develop and submit the revised digitized 739 Criminal Punishment Code scoresheet to the Supreme Court for 740 approval by June 15 of each year, as necessary. The digitized 741 scoresheet shall have individual, structured data cells for each 742 data field on the scoresheet. Upon the Supreme Court’s approval 743 of the revised digitized scoresheet, the Department of 744 Corrections shall produce and providesufficient copies ofthe 745 revised digitized scoresheets by September 30 of each year, as 746 necessary. Digitized scoresheets must include individual data 747 cells to indicateitem entries for the scoresheet preparer’s use748in indicatingwhether any prison sentence imposed includes a 749 mandatory minimum sentence or the sentence imposed was a 750 downward departure from the lowest permissible sentence under 751 the Criminal Punishment Code. 752 (5) The Department of Corrections shall make available 753distribute sufficient copies ofthe digitized Criminal 754 Punishment Code scoresheets to those persons charged with the 755 responsibility for preparing scoresheets. 756 (6) The clerk of the circuit court shall transmit a 757 complete,and accurate digitized, and legiblecopy of the 758 Criminal Punishment Code scoresheet used in each sentencing 759 proceeding to the Department of Corrections. Scoresheets must be 760 electronically transmitted no less frequently than monthly, by 761 the first of each month, and may be sent collectively. 762 (7) A digitized sentencing scoresheet must be prepared for 763 every defendant who is sentenced for a felony offense.A copy of764 The individual offender’s digitized Criminal Punishment Code 765 scoresheet and any attachments thereto prepared pursuant to Rule 766 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal 767 Procedure, or any other rule pertaining to the preparation and 768 submission of felony sentencing scoresheets, must be included 769 withattached to the copy ofthe uniform judgment and sentence 770 form provided to the Department of Corrections. 771 Section 6. Section 943.0582, Florida Statutes, is amended 772 to read: 773 943.0582Prearrest, postarrest, or teen courtDiversion 774 program expunction.— 775 (1) Notwithstanding any law dealing generally with the 776 preservation and destruction of public records, the department 777 shall adopt rules tomayprovide, by rule adopted pursuant to778chapter 120,for the expunction of aanynonjudicial record of 779 the arrest of a minor who has successfully completed aprearrest780or postarrestdiversion program for a misdemeanor offenseminors781as authorized by s. 985.125. 782 (2)(a)As used in this section, the term: 783 (a) “Diversion program” means a program under s. 985.12, s. 784 985.125, s. 985.155, or s. 985.16 or a program to which a 785 referral is made by a state attorney under s. 985.15. 786 (b) “Expunction” has the same meaning ascribed in and 787 effect as s. 943.0585, except that: 788 1. The provisions of s. 943.0585(4)(a) do not apply, except 789 that the criminal history record of a person whose record is 790 expunged pursuant to this section shall be made available only 791 to criminal justice agencies for the purpose of: 792 a. Determining eligibility forprearrest, postarrest, or793teen courtdiversion programs; 794 b.when the record is sought as part ofA criminal 795 investigation; or 796 c. Making a prosecutorial decision under s. 985.15when the797subject of the record is a candidate for employment with a798criminal justice agency. For all other purposes, a person whose799record is expunged under this section may lawfully deny or fail800to acknowledge the arrest and the charge covered by the expunged801record. 802 2. Records maintained by local criminal justice agencies in 803 the county in which the arrest occurred that are eligible for 804 expunction pursuant to this section shall be sealed as the term 805 is used in s. 943.059. 806(b) As used in this section, the term “nonviolent807misdemeanor” includes simple assault or battery when prearrest808or postarrest diversion expunction is approved in writing by the809state attorney for the county in which the arrest occurred.810 (3) The department shall expunge the nonjudicial arrest 811 record of a minor who has successfully completed aprearrest or812postarrestdiversion program if that minor: 813 (a) Submits an application forprearrest or postarrest814 diversion expunction, on a form prescribed by the department, 815 signed by the minor’s parent or legal guardian, or by the minor 816 if he or she has reached the age of majority at the time of 817 applying. 818 (b) Submits to the department, with the application, an 819 official written statement from the state attorney for the 820 county in which the arrest occurred certifying that he or she 821 has successfully completed that county’sprearrest or postarrest822 diversion program, that his or her participation in the program 823 was based on an arrest for anonviolentmisdemeanor, and that he 824 or she has not otherwise been charged by the state attorney 825 with, or found to have committed, any criminal offense or 826 comparable ordinance violation. 827(c) Participated in a prearrest or postarrest diversion828program that expressly authorizes or permits such expunction.829(d) Participated in a prearrest or postarrest diversion830program based on an arrest for a nonviolent misdemeanor that831would not qualify as an act of domestic violence as that term is832defined in s. 741.28.833 (c)(e)Has never been, before filing the application for 834 expunction, charged by the state attorney with, or found to have 835 committed, any criminal offense or comparable ordinance 836 violation. 837(4) The department is authorized to charge a $75 processing838fee for each request received for prearrest or postarrest839diversion program expunction, for placement in the Department of840Law Enforcement Operating Trust Fund, unless such fee is waived841by the executive director.842 (4)(5)Expunction or sealing granted under this section 843 does not prevent the minor who receives such relief from 844 petitioning for the expunction or sealing of a later criminal 845 history record as provided for in ss. 943.0583, 943.0585, and 846 943.059, if the minor is otherwise eligible under those 847 sections. 848 Section 7. Section 943.687, Florida Statutes, is created to 849 read: 850 943.687 Criminal justice data transparency.—In order to 851 facilitate the availability of comparable and uniform criminal 852 justice data, the department shall: 853 (1) Collect, compile, maintain, and manage the data 854 submitted by local and state entities pursuant to s. 900.05 and 855 coordinate related activities to collect and submit data. The 856 department shall create a unique identifier for each criminal 857 case received from the clerks of court which identifies the 858 person who is the subject of the criminal case. The unique 859 identifier must be the same for that person in any court case 860 and used across local and state entities for all information 861 related to that person at any time. The unique identifier shall 862 be randomly created and may not include any portion of the 863 person’s social security number or date of birth. 864 (2) Promote criminal justice data sharing by making such 865 data received under s. 900.05 comparable, transferable, and 866 readily usable. 867 (3) Create and maintain an Internet-based database of 868 criminal justice data received under s. 900.05 in a modern, 869 open, electronic format that is machine-readable and readily 870 accessible through an application program interface. The 871 database shall allow the public to search, at a minimum, by each 872 data element, county, judicial circuit, or unique identifier. 873 The department may not require a license or charge a fee to 874 access or receive information from the database. 875 (4) Develop written agreements with local, state, and 876 federal agencies to facilitate criminal justice data sharing. 877 (5) Establish by rule: 878 (a) Requirements for the entities subject to the 879 requirements of s. 900.05 to submit data through an application 880 program interface. 881 (b) A data catalog defining data objects, describing data 882 fields, and detailing the meaning of and options for each data 883 element reported pursuant to s. 900.05. 884 (c) How data collected pursuant to s. 900.05 is compiled, 885 processed, structured, used, or shared. The rule shall provide 886 for tagging all information associated with each case number and 887 unique identifier. 888 (d) Requirements for implementing and monitoring the 889 Internet-based database under subsection (3). 890 (e) How information contained in the Internet-based 891 database under subsection (3) is accessed by the public. 892 (6) Consult with local, state, and federal criminal justice 893 agencies and other public and private users of the database 894 under subsection (3) on the data elements collected under s. 895 900.05, the use of such data, and adding data elements to be 896 collected. 897 (7) Monitor data collection procedures and test data 898 quality to facilitate the dissemination of accurate, valid, 899 reliable, and complete criminal justice data. 900 (8) Develop methods for archiving data, retrieving archived 901 data, and data editing and verification. 902 Section 8. Section 945.041, Florida Statutes, is created to 903 read: 904 945.041 Reports.—The department shall publish on its 905 website and make available to the public the following 906 information, updated on a quarterly basis: 907 (1) Inmate admissions by offense type. Burglary of dwelling 908 offenses under s. 810.02(2), (3)(a), and (3)(b) shall be 909 reported as a separate category from all other property crimes. 910 (2) The recidivism rate. As used in this subsection, the 911 term “recidivism” means an inmate’s rearrest, reconviction, 912 reincarceration, or probation revocation in the state within a 913 3-year time period following the inmate’s release from 914 incarceration. 915 Section 9. Section 985.12, Florida Statutes, is amended to 916 read: 917 985.12 Civil citation or similar prearrest diversion 918 programs.— 919 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 920 that the creation and implementation of civil citation or 921 similar prearrest diversion programs at the judicial circuit 922 level promotes public safety, aids interagency cooperation, and 923 provides the greatest chance of success for civil citation and 924 similar prearrest diversion programs. The Legislature further 925 finds that the widespread use of civil citation and similar 926 prearrest diversion programs has a positive effect on the 927 criminal justice system and contributes to an overall reduction 928 in the crime rate and recidivism in the state. The Legislature 929 encourages but does not mandate that counties, municipalities, 930 and public or private educational institutions participate in a 931 civil citation or similar prearrest diversion program created by 932 their judicial circuit under this section.There is established933a juvenile civil citation process for the purpose of providing934an efficient and innovative alternative to custody by the935Department of Juvenile Justice for children who commit936nonserious delinquent acts and to ensure swift and appropriate937consequences. The department shall encourage and assist in the938implementation and improvement of civil citation programs or939other similar diversion programs around the state.940 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST 941 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION AND OPERATION.— 942 (a) AThecivil citation or similar prearrest diversion 943 program for misdemeanor offenses shall be established in each 944 judicial circuit in the state. Theat the local level with the945concurrence of the chief judge of the circuit,state attorney 946 and,public defender of each circuit, the clerk of the court for 947 each county in the circuit, and representatives of participating 948 law enforcement agencies in the circuit shall create a civil 949 citation or similar prearrest diversion program and develop its 950 policies and procedures. In developing the program’s policies 951 and procedures, input from other interested stakeholders may be 952 solicited. The department shall annually develop and provide 953 guidelines on best practice models for civil citation or similar 954 prearrest diversion programs to the judicial circuits as a 955 resource. 956 (b) Each judicial circuit’s civil citation or similar 957 prearrest diversion program must specify: 958 1. The misdemeanor offenses that qualify a juvenile for 959 participation in the program; 960 2. The eligibility criteria for the program; 961 3. The program’s implementation and operation; 962 4. The program’s requirements, including, but not limited 963 to, the completion of community service hours, payment of 964 restitution, if applicable, and intervention services indicated 965 by a needs assessment of the juvenile, approved by the 966 department, such as family counseling, urinalysis monitoring, 967 and substance abuse and mental health treatment services; and 968 5. A program fee, if any, to be paid by a juvenile 969 participating in the program. If the program imposes a fee, the 970 clerk of the court of the applicable county must receive a 971 reasonable portion of the fee. 972 (c) The state attorney of each circuit shall operate a 973 civil citation or similar prearrest diversion program in each 974 circuit. A sheriff, police department, county, municipality, or 975 public or private educational institution may continue to 976 operate an independent civil citation or similar prearrest 977 diversion program that is in operation as of October 1, 2018, if 978 the independent program is reviewed by the state attorney of the 979 applicable circuit and he or she determines that the independent 980 program is substantially similar to the civil citation or 981 similar prearrest diversion program developed by the circuit. If 982 the state attorney determines that the independent program is 983 not substantially similar to the civil citation or similar 984 prearrest diversion program developed by the circuit, the 985 operator of the independent diversion program may revise the 986 program and the state attorney may conduct an additional review 987 of the independent program. 988 (d) A judicial circuit may model an existing sheriff, 989 police department, county, municipality, or public or private 990 educational institution’s independent civil citation or similar 991 prearrest diversion program in developing the civil citation or 992 similar prearrest diversion program for the circuit. 993 (e) If a juvenile does not successfully complete the civil 994 citation or similar prearrest diversion program, the arresting 995 law enforcement officer shall determine if there is good cause 996 to arrest the juvenile for the original misdemeanor offense and 997 refer the case to the state attorney to determine if prosecution 998 is appropriate or allow the juvenile to continue in the program 999and the head of each local law enforcement agency involved.The1000program may be operated by an entity such as a law enforcement1001agency, the department, a juvenile assessment center, the county1002or municipality, or another entity selected by the county or1003municipality. An entity operating the civil citation or similar1004diversion program must do so in consultation and agreement with1005the state attorney and local law enforcement agencies. Under1006such a juvenile civil citation or similar diversion program, a1007law enforcement officer, upon making contact with a juvenile who1008admits having committed a misdemeanor, may choose to issue a1009simple warning or inform the child’s guardian or parent of the1010child’s infraction, or may issue a civil citation or require1011participation in a similar diversion program, and assess up to101250 community service hours, and require participation in1013intervention services as indicated by an assessment of the needs1014of the juvenile, including family counseling, urinalysis1015monitoring, and substance abuse and mental health treatment1016services.1017 (f) A copy of each civil citation or similar prearrest 1018 diversion program notice issued under this section shall be 1019 provided to the department, and the department shall enter 1020 appropriate information into the juvenile offender information 1021 system.Use of the civil citation or similar diversion program1022is not limited to first-time misdemeanors and may be used in up1023to two subsequent misdemeanors. If an arrest is made, a law1024enforcement officer must provide written documentation as to why1025an arrest was warranted.1026 (g) At the conclusion of a juvenile’s civil citation 1027programor similar prearrest diversion program, the state 1028 attorney or operator of the independent programagency operating1029the programshall report the outcome to the department. The 1030 issuance of a civil citation or similar prearrest diversion 1031 program notice is not considered a referral to the department. 1032(2) The department shall develop guidelines for the civil1033citation program which include intervention services that are1034based upon proven civil citation or similar diversion programs1035within the state.1036 (h)(3)Upon issuingsucha civil citation or similar 1037 prearrest diversion program notice, the law enforcement officer 1038 shall send a copy oftothe civil citation or similar prearrest 1039 diversion program notice tocounty sheriff, state attorney, the1040appropriate intake office of the department, or the community1041service performance monitor designated by the department,the 1042 parent or guardian of the child,and to the victim. 1043(4) The child shall report to the community service1044performance monitor within 7 working days after the date of1045issuance of the citation. The work assignment shall be1046accomplished at a rate of not less than 5 hours per week. The1047monitor shall advise the intake office immediately upon1048reporting by the child to the monitor, that the child has in1049fact reported and the expected date upon which completion of the1050work assignment will be accomplished.1051(5) If the child fails to report timely for a work1052assignment, complete a work assignment, or comply with assigned1053intervention services within the prescribed time, or if the1054juvenile commits a subsequent misdemeanor, the law enforcement1055officer shall issue a report alleging the child has committed a1056delinquent act, at which point a juvenile probation officer1057shall process the original delinquent act as a referral to the1058department and refer the report to the state attorney for1059review.1060(6) At the time of issuance of the citation by the law1061enforcement officer, such officer shall advise the child that1062the child has the option to refuse the citation and to be1063referred to the intake office of the department. That option may1064be exercised at any time before completion of the work1065assignment.1066 Section 10. Subsection (3) of section 985.125, Florida 1067 Statutes, is amended to read: 1068 985.125 Prearrest or postarrest diversion programs.— 1069(3) The prearrest or postarrest diversion program may, upon1070agreement of the agencies that establish the program, provide1071for the expunction of the nonjudicial arrest record of a minor1072who successfully completes such a program pursuant to s.1073943.0582.1074 Section 11. Paragraphs (f), (g), (h), (i), and (j) of 1075 subsection (1) of section 985.145, Florida Statutes, are 1076 redesignated as paragraphs (g), (h), (i), (j), and (k), 1077 respectively, and a new paragraph (f) is added to that 1078 subsection, to read: 1079 985.145 Responsibilities of the department during intake; 1080 screenings and assessments.— 1081 (1) The department shall serve as the primary case manager 1082 for the purpose of managing, coordinating, and monitoring the 1083 services provided to the child. Each program administrator 1084 within the Department of Children and Families shall cooperate 1085 with the primary case manager in carrying out the duties and 1086 responsibilities described in this section. In addition to 1087 duties specified in other sections and through departmental 1088 rules, the department shall be responsible for the following: 1089 (f) Prevention web.—For a child with a first-time 1090 misdemeanor offense, the department shall enter all related 1091 information into the Juvenile Justice Information System 1092 Prevention Web until such time as formal charges are filed. If 1093 formal charges are not filed, the information shall remain in 1094 the Juvenile Justice Information System Prevention Web until 1095 removed pursuant to department policies. 1096 Section 12. Section 985.126, Florida Statutes, is created 1097 to read: 1098 985.126 Diversion programs; data collection; denial of 1099 participation or expunged record.— 1100 (1) As used in this section, the term “diversion program” 1101 has the same meaning as provided in s. 943.0582. 1102 (2) Upon issuance of documentation requiring a minor to 1103 participate in a diversion program, before or without an arrest, 1104 the issuing law enforcement officer shall send a copy of such 1105 documentation to the entity designated to operate the diversion 1106 program and to the department, which shall enter such 1107 information into the Juvenile Justice Information System 1108 Prevention Web. 1109 (3)(a) Beginning October 1, 2018, each diversion program 1110 shall submit data to the department which identifies for each 1111 minor participating in the diversion program: 1112 1. The race, ethnicity, gender, and age of that minor. 1113 2. The offense committed, including the specific law 1114 establishing the offense. 1115 3. The judicial circuit and county in which the offense was 1116 committed and the law enforcement agency that had contact with 1117 the minor for the offense. 1118 4. Other demographic information necessary to properly 1119 register a case into the Juvenile Justice Information System 1120 Prevention Web, as specified by the department. 1121 (b) Beginning October 1, 2018, each law enforcement agency 1122 shall submit to the department data that identifies for each 1123 minor who was eligible for a diversion program, but was instead 1124 referred to the department, provided a notice to appear, or 1125 arrested: 1126 1. The data required pursuant to paragraph (a). 1127 2. Whether the minor was offered the opportunity to 1128 participate in a diversion program. If the minor was: 1129 a. Not offered such opportunity, the reason such offer was 1130 not made. 1131 b. Offered such opportunity, whether the minor or his or 1132 her parent or legal guardian declined to participate in the 1133 diversion program. 1134 (c) The data required pursuant to paragraph (a) shall be 1135 submitted to the department quarterly. 1136 (d) The data required pursuant to paragraph (b) shall be 1137 submitted on or with the arrest affidavit or notice to appear. 1138 (4) Beginning January 1, 2019, the department shall compile 1139 and semiannually publish the data required by subsection (3) on 1140 the department’s website in a format that is, at a minimum, 1141 sortable by judicial circuit, county, law enforcement agency, 1142 race, ethnicity, gender, age, and offense committed. 1143 (5) A minor who successfully completes a diversion program 1144 for a first-time misdemeanor offense may lawfully deny or fail 1145 to acknowledge his or her participation in the program and an 1146 expunction of a nonjudicial arrest record under s. 943.0582, 1147 unless the inquiry is made by a criminal justice agency, as 1148 defined in s. 943.045, for a purpose described in s. 1149 943.0582(2)(b)1. 1150 (6) The department shall adopt rules to implement this 1151 section. 1152 Section 13. A pilot project is established in the Sixth 1153 Judicial Circuit for the purpose of improving criminal justice 1154 data transparency and ensuring data submitted under s. 900.05, 1155 Florida Statutes, is accurate, valid, reliable, and structured. 1156 The clerk of court, the state attorney, the public defender, or 1157 a sheriff in the circuit may enter into a memorandum of 1158 understanding with a national, nonpartisan, not-for-profit 1159 entity which provides data and measurement for county-level 1160 criminal justice systems to establish the duties and 1161 responsibilities of a data fellow, completely funded by the 1162 entity, to be embedded with the office or agency. The data 1163 fellow will assist with data extraction, validation, and quality 1164 and publish such data consistent with the terms of the 1165 memorandum. The data fellow will assist the office or agency in 1166 compiling and reporting data pursuant to s. 900.05, Florida 1167 Statutes, in compliance with rules established by the Department 1168 of Law Enforcement. The pilot project shall expire pursuant to 1169 the terms outlined in the memorandum. 1170 Section 14. For the 2018-2019 fiscal year, nine full-time 1171 equivalent positions with an associated total salary rate of 1172 476,163 are authorized and the recurring sum of $665,884 and the 1173 nonrecurring sum of $1,084,116 are appropriated from the General 1174 Revenue Fund to the Department of Law Enforcement for the 1175 purposes of implementing ss. 900.05(4) and 943.687, Florida 1176 Statutes, transitioning to incident-based crime reporting, and 1177 collecting and submitting crime statistics that meet the 1178 requirements of the Federal Bureau of Investigation under the 1179 National Incident-Based Reporting System. 1180 Section 15. This act shall take effect July 1, 2018.