Police Department Policy

301505

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date : November 6, 2025  Amends - GO 7.1.3 ( October 31, 2020 ) Number : 7.1.3 Distribution: All Personnel Review Month: August Reviewing Authority: SSD/Youth Services Subject: Delinquency Citations This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to define guidelines for the issuance of a Delinquency Citation (DC), formerly a Juvenile Civil Citation (JCC) , in accordance with FS 985.12 . 2. Policy It is the policy of the agency to issue Delinquency Citations for minor offenses to individuals 17 years of age or younger, when appropriate. The Sheriff encourages the use of Delinquency Citations, whenever appropriate, to offer juvenile offenders sanctions for minor misdemeanor acts instead of physical arrest. 3. Definitions A. Delinquency Citation (DC) – an alternative to arrest and judicial handling for eligible misdemeanor offenses as authorized in FS 985.12 , with the focus to prevent further delinquency. Youth assessment, referrals, intervention, and sanctions are all part of the program. A juvenile’s successful completion of the citation program wi ll avoid an arrest record and the formal delinquency process. B. Department of Juvenile Justice (DJJ) – State agency established by the Florida Legislature to address juvenile matters. C. Juvenile (Child) – any unmarried person under the age of eighteen (18) alleged to be dependent, or any married or unmarried person who is charged with a violation of law occurring before reaching eighteen (18) years of age who has not been emancipated by the courts. 4. Procedures A. General Considerations Delinquency Citations ( DC) are the primary alternative to avoid placing the juvenile into the traditional juvenile justice system for qualifying misdemeanor offenses. The citation program still holds the juvenile accountable for their action s; however, successful completion of the program will alleviate an arrest record. If the juvenile fails to complete the program, the State Attorney’s Office shall petition for the original charges with the Clerk of the Court . 7.1.3, Page 2 of 4 If a deputy decides not to issue a DC on an otherwise eligible juvenile, the reason, to include the evaluating factors, wi ll be clearly described in the top portion of the narrative of the report. The reasons for not issuing the DC will be sent to the DJJ in order to comply with th e reporting requirements in FS 985.126 . Refer to the Juvenile Arrest template on SharePoint for examples on why a DC was not issued to an eligible juvenile. Tobacco Infractions will still be handled in accordance with TB 21-02. B. Eligibility Juveniles eligible for issuance of the Delinquency Citation (DC) must meet the following criteria. 1. The juvenile is 17 years of age, or younger, at the time of the offense. 2. The DC will be the primary option for eligible misdemeanor offenses. If a juvenile has multiple misdemeanor offenses, they may still be eligible provided the acts occurred as pa rt of a single incident. 3. A DC can be issued to a juvenile offender up to their third misdemeanor offense. 4. Deputies must confirm the identity of the juvenile. Appropriate means to confirm the juvenile’s identity include but not limited to: government issued identification card or driver’s license, school picture identification, parental or school administrator confirmation. 5. The deputy shall call the Department of Juvenile Justice at 407 -836-8880 or 407-836-8800 (24 hours a day/7 days a week) to confirm the juvenile’s arrest history and eligibility to be issued a citation. 6. The juvenile is not required to reside in Florida . 7. A cooperative juvenile can enter into the program over the parent’s objections as long as they can comply with all the requirements of the program (e.g. if the parent objects, but the juvenile has his or her own transportation and the juvenile is willing to comply with the terms, the juvenile can still be given a citation). 8. Victim approval is not required, unless the charge is Domestic Violence (DV) related, and the parent is the victim for a DC to be issued. However, the victim’s position must be notated on the DC. C. Ineligible Offenses and Justifications A DC will not be issued for of fenses that relate to the following: 1. The possession or use of a weapon or firearm. 2. Exposure of sexual organs or other sexual related behavior (e.g. prostitution, lewd and lascivious behavior). 7.1.3, Page 3 of 4 3. Offenses directly related to gang activity to include gang related c riminal mischief . Criminal mischief not directly tied to gang activity is not an exclusion. 4. Animal cruelty. 5. DUI or BUI in violation of applicable state statutes. 6. Stalking or similar violation (violation of injunction). 7. If the juvenile (suspect) : a. Is not cooperative, or; b. The parents are not willing to enter the program and the juvenile cannot transport themselves. 8. Juvenile conspired with other defendants with the

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