1. Florida Civil Citation: History and Advocacy
By: Roy Miller
President of The Children’s Campaign

2. Juvenile Justice/Juvenile Arrest Reform
3 point strategic plan to reduce harmful impacts of juvenile arrests:
Increase use of Civil Citation
Improve Confidentiality law
Reduce age of automatic Expunction

3. Results from Past Two Legislative Sessions
Results included:
In Expanded Florida’s Civil Citation program to include up to three misdemeanors. Prior to 2015, only one was allowed.
Passed law to keep juvenile misdemeanor arrest records confidential from the prying public eye and restrict access by Big Data. Also gives law enforcement agencies permission not to post felony arrest records online.
Amended juvenile records expunction to be automatic at 21 for certain offenses. Prior to 2016, it was age 24.

4. Civil Citation History
1990 – Florida began its Civil Citation program.
Passed into law via legislative process and was codified in s , F.S.
Suggested that communities participate, but was not mandated.
No guidelines for what a program should look like.
No state agency oversight.
Gave rise to 28 non-uniform Civil Citation programs around the state.
Saw modest cost savings in DJJ and court system.
2008 – DJJ’s Blueprint Commission Report “Getting Smart About Juvenile Justice in Florida” Released
Recommended Florida continue to adopt and expand arrest alternative programs like Civil Citation. Roy Miller envisioned Blueprint and served as senior advisor.

5. Civil Citation History
2011 – Governor Rick Scott appoints DJJ Secretary committed to Civil Citation.
2011 – Law amended and program re-vamped into improved statuatory framework.
Required an opportunity in each community.
Identified stakeholders and decision makers.
Defined youth eligibility and service.
Specified a Civil Citation is not an arrest.
Set uniform program requirements.
Ensured original charge goes forward if youth fails to complete sanctions.
Authorized DJJ to collect data and help build successful processes.

6. Civil Citation History
2011 – 2015
Saw improvements in Civil Citation utilization, but not full implementation and less than 50% served statewide.
2015 – Senate Bill 378
Authorizes law enforcement to:
Issue a simple warning or notify the guardian or parent, or
Issue a civil citation or require participation in a similar diversion program
Provides that civil citation
Is not limited to first‐time misdemeanants
May be used in up to two subsequent misdemeanors
Requires law enforcement to provide written document when making an eligible arrest

7. Civil Citation Selected Statutory Text
Bill Text:
The civil citation or similar diversion program shall be established at the local level with the concurrence of the chief judge of the circuit, state attorney, public defender, and the head of each local law enforcement agency involved.
The program may be operated by an entity such as a law enforcement agency, the department, a juvenile assessment center, the county or municipality, or another some other entity selected by the county or municipality. An entity operating the civil citation or similar diversion program must do so in consultation and agreement with the state attorney and local law enforcement agencies.

8. Civil Citation Selected Statutory Text
upon making contact with a juvenile who admits having committed a misdemeanor, may choose to issue a simple warning or inform the child’s guardian or parent of the child’s infraction, or may issue a civil citation or require participation in a similar diversion program, and assess up to not more than 50 community service hours.
Use of the civil citation or similar diversion program is not limited to first-time misdemeanors and may be used in up to two subsequent misdemeanors. If an arrest is made, a law enforcement officer must provide written documentation as to why an arrest was warranted.

9. Civil Citation History
2016 – “Stepping Up: Florida’s Top Civil Citation Efforts” Report