Florida § 985.126 - Prearrest and postarrest diversion programs; data collection; denial of participation or expunged record.

§ 985.126. Prearrest and postarrest diversion programs; data collection; denial of participation or expunged record.

(1) As used in this section, the term “diversion program” has the same meaning as provided in s. 943.0582. (2) Upon issuance of documentation requiring a minor to participate in a diversion program, before or without an arrest, the issuing law enforcement officer shall send a copy of such documentation to the entity designated to operate the diversion program, which shall enter such information into the Juvenile Justice Information System Prevention Web within 7 days after the youth’s admission into the program. (3)(a) Each diversion program shall submit data to the department which identifies for each minor participating in the diversion program: 1. The race, ethnicity, sex, and age of that minor. 2. The offense committed, including the specific law establishing the offense. 3. The judicial circuit and county in which the offense was committed and the law enforcement agency that had contact with the minor for the offense. 4. Other demographic information necessary to properly register a case into the Juvenile Justice Information System Prevention Web, as specified by the department. (b) Each law enforcement agency shall submit to the department data for every minor charged for the first time; who is charged with a misdemeanor; and who was referred to the department, provided a notice to appear, or arrested: 1. The data required pursuant to paragraph (a). 2. Whether the minor was offered the opportunity to participate in a diversion program. If the minor was: a. Not offered such opportunity, the reason such offer was not made. b. Offered such opportunity, whether the minor or his or her parent or legal guardian declined to participate in the diversion program. (c) The data required pursuant to paragraph (a) shall be entered into the Juvenile Justice Information System Prevention Web within 7 days after the youth’s admission into the program. (d) The data required pursuant to paragraph (b) shall be submitted on or with the arrest affidavit or notice to appear. (4) The department shall compile and semiannually publish the data required by subsection (3) on the department’s website in a format that is, at a minimum, sortable by judicial circuit, county, law enforcement agency, race, ethnicity, sex, age, and offense committed. (5) The department shall provide a quarterly report to be published on its website and distributed to the Governor, President of the Senate, and Speaker of the House of Representatives listing the entities that use prearrest delinquency citations for less than 80 percent of first-time misdemeanor offenses. (6) A minor who successfully completes a diversion program and who has been granted an expunction under s. 943.0582 may lawfully deny or fail to acknowledge his or her participation in the program and such expunction of a nonjudicial arrest record, unless the inquiry is made by a criminal justice agency, as defined in s. 943.045, for a purpose described in s. 943.0582(2)(b)1. (7) The department shall adopt rules to implement this section.