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52.0 ADULT CIVIL CITATION PROGRAM Page 1 of 4 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 52.0 ADULT CIVIL CITATION PROGRAM Effective Date: June 1, 2023 The Adult Civil Citation Program is a joint effort between the State Attorney’s Office (SAO) and law enforcement agencies within the Ninth Judicial Circuit to create a pre -arrest diversion program pursuant to section 901.41, Florida Statutes. The program was created to allow officers, in their discretion, to offer certain adults to receive a citation to avoid an arrest record for certain misd emeanor offenses, and who fulfill specified intervention and community service obligations. The Adult Civil Citation Program can benefit the community by reducing costs of prosecution, promoting community awareness, and reducing repeat offenses. Accountabi lity is critical to the success of this program. Failure to complete the terms and conditions will result in removal from the program and charges being filed by the SAO. This General Order consists of the following numbered sections: I. DEFINITIONS II. CRITERIA FOR USE III. WHEN THE CITATION DOES NOT APPLY IV. PROCESS OF ISSUING CITATION V. REQUIRED PAPERWORK VI. ROUTING OF PAPERWORK I. DEFINITIONS 1. Qualifying Adult - A person 18 years of age or older: a. For whom there is probable cause to believe has committed a Qualifying Offense; b. That admits that they have committed the Qualifying Offense ; c. That has not been previously arrested or received an adult civil citation or other similar pre -arrest diversion program notice ; d. That agrees to participate in the Adult Civil Citation Program; e. That is a resident of Orange or Osceola Counties; and f. That has photo identification or can be otherwise identified by the Department. 2. Qualifying Offense - One of the enumerated misdemeanor criminal offenses listed hereinafter, unless the offense meets the definition of domestic violence in section 741.28(2), Florida Statues, and a misdemeanor under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or s. 784.049 does not qualify for a civil citation or pre -arrest diversion program; the victim does not consent to referral to Adult Civil Citation Program; or restitution exceeds $100: 52.0 ADULT CIVIL CITATION PROGRAM Page 2 of 4 a. Possession of drug paraphernalia b. Possession of marijuana less than 20 grams c. Misd emeanor assault d. Misdemeanor battery (Under certain circumstances) e. Retail theft of a shopping cart f. Trespass on property other than a structure or conveyance g. Petit theft h. Criminal mischief i. Disorderly conduct j. Littering k. Possession of alcohol by person under 21 years of age l. Any other misdemeanor offense deemed appropriate by the Law Enforcement Agency and the State Attorney’s Office. 3. Victim - A person who suffers direct or threatened physical, psychological, or finan cial harm as a result of the commission or attempted commission of a crime or against whom a crime is committed. II. CRITERIA FOR USE A. Officers may at their sole discretion issue an Adult Civil Citation (ACC) to a Qualifying Adult offender who has commi tted a Qualifying Offense if the victim consents to issuance of an ACC and the total amount of restitution owed to the victim is $100 or less. The subject must meet the criteria of a Qualifying Adult to be considered for an ACC. B. Eligibility for Assault or Battery Offenses: An ACC may be issued on a battery offense only if: 1. The assault or battery is NOT domestic violence as defined by section 741.28, Florida Statutes, or dating violence as defined by section 784.046, Florida Statutes; 2. For battery offenses, in the opinion of the officer, the victim has no injury or only a minor injury as a result of the battery; 3. The victim consents to issuance of an ACC after the officer explains the ACC Program to victim; AND 4. The officer does not believe the individual will harm themselves or others following issuance of an ACC. III. WHEN THE CITATION DOES NOT APPLY A. Under no circumstances will the citation be issued if any of the following circumstances exist: 1. The s ubject fails or refuses to give necessary information. 2. The identification of the subject is in question. 3. The officer knows the subject has previously been issued an ACC. 4. The subject has any prior arrests. 5. The offense involves misdemeano r possession of a firearm. 6. The offense involves domestic violence, dating violence, stalking, or a similar violation. 52.0 ADULT CIVIL CITATION PROGRAM Page 3 of 4 7. The officer believes the subject may harm him/herself or others. 8. The offense is a criminal traffic offense. 9. The offense is exposure of sexual organs or other lewd or lascivious behavior. 10. The offense is animal cruelty. 11. The offense is directly or indirectly related to gang activity. 12. The victim does not consent. IV. PROCESS OF ISSUING CITATION A. The iss uing officer shall complete the criminal investigation in accordance with current Department policy. The subject must be given a