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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: June 1, 2022  NEW POLICY Number: 7.1.8 Distribution: All Personnel Review Month: June Reviewing Authority: SOD/UPD Subject: Adult Civil Citations This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to outline the procedures for issuing citations for non -violent misdemeanor offense s pursuant to F S 901.41 . 2. Policy When an adult is alleged to have committed a non-violent misdemeanor offense(s), deputies have several options available to them, including issuing a verbal warning, issuing a notice to appear, making an arrest, or issuing an Adult Civil Citation (ACC) . Deputies retain discretion to determine whet her and how to enforce non -violent misdemeanor offenses, but such discretion must be exercised in a non -discriminatory manner. 3. Definitions A. Adult Civil Citation (ACC) – the approved form issued by a deputy to refer an adult offender to the State Att orney’s Office Adult Civil Citation Program. B. Adult Civil Citation Program (AACP) – a diversionary program run by the State Attorney’s Office to avoid placing an adult offender into the criminal justice system for qualifying misdemeanor offenses. The prog ram still holds the offender accountable for their actions; however, successful completion of the program will alleviate an arrest record. If the offender fails to complete the program, the original charges and case will be reviewed by the State Attorney’s Office (SAO) for possible prosecution. 4. Procedures A. Eligibility Criteria Except as otherwise provided herein, an offender found to have committed a nonviolent misdemeanor offense(s) may be issued an ACC pursuant to this policy, if the following eligib ility criteria are met: 1. The offender is 18 years of age or older ; 2. The offender committed one of the eligible offense s listed in paragraph 4(B); 7.1.8 , Page 2 of 4 3. The offender’s identity is positively e stablished by the citing deputy ; 4. The offender r esides within Orange or Osceola County or h as sufficient ties to the community (e.g., local employment, tri -county area home address, visiting the area for an extended period of time) to confirm the person will successfully complete the program ; and 5. The offender is willing to p articipate in and abide by the terms of the ACC. The offender’s signature on the ACC constitutes consent to participate in the program. 6. The victim consents to referral to ACCP. 7. The amount of restitution, if any, does not exceed $100. B. Eligible Offenses 1. Possession of drug paraphernalia 2. Possession of marijuana less than 20 grams 3. Misdemeanor assault 4. Misdemeanor battery 5. Retail theft of a shopping cart 6. Trespass on property other than a structure or conveyance 7. Petit theft 8. Criminal mischief less than $10 0 9. Disorderly conduct 10. Littering 11. Possession of alcoholic beverage by persons under age 21 C. Ineligible Offenses 1. Domestic Violence related Battery (FS 784.03 ; FS 741.28 ; FS 741.29 ) 2. Stalking or Cyberstalking/Cyber Harassment (FS 784.048 ; FS 784.049 ) 3. Violation of an Injunction (FS 741.31 , FS 784.047 , FS 784.0487 ) 4. Affray and Riots (FS 870.01 ) 5. Prowling (FS 856.021 ) 7.1.8 , Page 3 of 4 D. Multiple Offenses If the offender is being charged with more than one offense, they may still be eligible to participate in the program if the offenses took place in a single event. If the offender is being charged with more than one offense, which stem from more than o ne isolated incident, the offender is not eligible for the program. E. Deputy’s Resp onsibilities When Issuing ACC 1. The deputy shall utilize existing procedures to establish probable cause. 2. The deputy shall search fo r prior criminal records. 3. If a decision is made to offer an ACC, the office r shall direct the offender to the ACC P Office at AdultCivilCitation@sao9.org . 4. If the offender meets ACC eligibility criteria, the deputy may: a. Offer the offender the option of the ACC P. b. Explain to the offender that participation in the program is voluntary. c. Advise the offender that they must contact the ACCP Coordinator with the SAO within ten (10) calendar days. Failure to do so may result in termination from the program. The contact telephone number is listed on the ACC. 5. Upon establishing the offender meets the eligibility criteria and will be issued an ACC, the deputy shall obtain an agency case number and complete the ACC. This form will serve as a notification with information and the program requirements . It will also include the notification of waiver of speedy trial. 6. The deputy shall verify the offender agrees to participate