TALLAHASSEE, Fla. – Under some new legislation moving through the state Senate, first-time misdemeanor offenders under the age of 18 would receive a civil citation instead of an arrest record, but Florida’s sheriffs and police chiefs are pushing back on the idea.
As is outlined in the Senate bill, police would be required to issue civil citations to first-time juvenile misdemeanor offenders for 11 crimes.
The Children’s Campaign has made mandatory citations a top priority after a study found wide disparity from one jurisdiction to another.
“You can’t have a system in which things vary from county to county (or) from law enforcement agency to law enforcement agency,” said Howard Simon, the executive director of the ACLU.
But police and sheriffs don’t want to lose complete discretion. They’ve been walking the Capitol hallways arguing against the bill.
“We don't want to take juveniles to jail, and in some parts of the state, the agencies need to push it a little harder,” Lawtey Police Chief Shane Bennet said.
Instead of being told what to do, law enforcement is in favor of House Bill 205, filed by St. Petersburg Rep. Larry Ahern.
The House bill requires a juvenile’s record to be expunged if that person completes diversion, Pinellas County Sheriff Bob Gualtieri said.
“Pre-arrest, post-arrest, a combination of both is that -- (there’s) no putting on a job application you were arrested,” Gualtieri said. “(There’s) no having to claim it. You can lawfully deny it. You get an expungement, and your records are confidential.”
But a church group known as FAST, or Faith and Action for Strength Together, has been fighting the sheriff on civil citations.
Geneva Pittman said the group wants no part of the House bill.
“The word ‘arrest’ is not what we are after,” Pittman said.
The disagreement has stalled the civil citation legislation as both sides look for a compromise.
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Under the Senate bill, police still would have discretion on misdemeanors, and even some felonies not listed in the bill.