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51.0 JUVENILE CIVIL CITATION PROGRAM Page 1 of 4 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 51.0 JUVENILE CIVIL CITATION PROGRAM Effective Date: June 1, 2023 Florida Statutes, Chapter 985.12, provides for the use of a civil citation in lieu of taking a juvenile into custody for non -serious delinquent acts under certain circumstances. The Edgewood Police Department will use the Juvenile Civil Citation as an alternative means of handling non -serious misdemeanor offenders who meet the criteria set forth in the policy and in accordance with F.S. 985.12. This General Order consists of the following numbered sections: I. CRITERIA FOR USE II. WHEN THE CITATION DOES NOT APPLY III. PROCESS OF ISSUING CITATION IV. REQUIRED PAPERWORK V. ROUTING OF PAPERWORK VI. COMPLIANCE BY THE JUVENILE VII. NON -COMPLIANCE BY THE JUVENILE I. CRITERIA FOR USE A. The Juvenile Civil Citation is intended for use in misdemeanor cases such as minor criminal mischiefs (graffiti) and thefts, as well as simple batteries with no physical injury to the victim, excluding domestic violence cases. This prog ram will provide an efficient and innovative alternative to a custodial arrest. This citation would be issued in lieu of booking the juvenile through the Ju venile Assessment Center (JAC). B. Prior to the issuance of the Juvenile Civil Citation, the followi ng criteria must be met: 1. The juvenile must reside in Orange or Osceola County. 2. Probable cause must be established by the officer. 3. The juvenile must admit guilt to the offense after being given his/her Miranda Warning. C. Effective October 1, 2015, s. 985.12, F.S., is amended to allow law enforcement making contact with a juvenile who admits to having committed a misdemeanor the discretion to issue a simple warning, inform the child’s guardian or parents of the child’s infraction, issue a civil citation, or require participation in a similar diversion program. Based on the assessed needs of the juvenile, the diversion 51.0 JUVENILE CIVIL CITATION PROGRAM Page 2 of 4 program may assess up to 50 community service hours and require participation in intervention services such as family counseling, urinalysis monitoring, and substance abuse and mental health treatment services. D. 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 in lieu of issuing a juvenile civil citation, law enforcement must provide written documentation as to why the arrest is warranted. II. WHEN THE CITATION DOES NOT APPLY Under no circumstances will the citation be issued if any of the following circumsta nces exist: a. The juvenile fails or refuses to give necessary information. b. The identification of the juvenile is in question. c. The juvenile has been issued three or more Juvenile Civil Citations. d. The juvenile has any criminal convictions. e. The offense involv es misdemeanor possession of a firearm. f. The offense involves domestic violence, dating violence, stalking, or a similar violation. g. The officer believes the juvenile may harm him/herself or others. h. The offense is a criminal traffic offense. i. The offense is e xposure of sexual organs or other lewd or lascivious behavior. j. The offense is animal cruelty. k. The offense is directly or indirectly related to gang activity. III. PROCESS OF ISSUING CITATION A. The issuing officer shall complete the criminal investigation in accordance with current Department policy. During the criminal investigation, precautions must be made to ensure that no visual or audible contact occurs between adult prisoners except when the juvenile has been adjudicated as an adult by federal guide lines. The juvenile must be given a Miranda Warning prior to questioning. The officer shall obtain all necessary written statements. The officer should not mention the possibility of a citation being issued until the criminal investigation is completed. Prior to issuing the citation, the officer must call the Juvenile Civil Citation Coordinator/Detention Screening at 407-836-8880 or 407 -836-8800 (monitored 24 hours) to verify any prior contact with the Department of Juvenile Justice (DJJ) for other delinq uent acts and that the juvenile is eligible for issuance of a juvenile civil citation. Officers shall make an attempt to notify the parent/legal guardian as soon as reasonably possible regarding detaining the juvenile. B. Once the criminal investigation is concluded, and the officer has concluded that a citation is appropriate, the officer must inform the juvenile of the following: 1. They have the right to refuse to sign the citation. (The officer would then book the juvenile through JAC, issue a Juvenile Notice to Appear, or file the case at -large with the State Attorney.) 51.0 JUVENILE CIVIL CITATION PROGRAM Page 3 of 4 2. They may refuse the conditions of the program at any time prior to the completion of the work assignment or other intervention requirements. 3. By accepting the citation, they waive t heir right to a speedy trial for such time as is necessary to complete all the conditions given to them by