Fla. Admin. Code Ann. R. 63F-13.002 - Submitting Diversion Data

(1) Each diversion program shall enter the following information into the Juvenile Justice Information System Prevention Web on each participating youth within 7 days of the youth's admission to the program:

(a) Identifying information, including the referred youth's name, address, race, ethnicity, gender and date of birth;

(b) Referred offense, including the statute establishing the offense, and the degree;

(c) Judicial circuit and county where the offense was committed;

(d) Law enforcement agency that had contact with the youth;

(e) Parent/Guardian contact information including name/address/telephone; and

(f) Youth's School status and information as applicable such as: School Name/Grade.

(2) Each law enforcement agency shall submit the diversion, pre-arrest diversion or civil citation affidavit to their local processing entity such as Juvenile Assessment Center/Screening Unit for data input into the Juvenile Justice Information System Prevention Web. The form submitted must include the following information on each eligible youth at the time the youth is referred to the department, arrested or issued a notice to appear:

(a) All of the information in subsection (1) above;

(b) Whether the youth was offered the opportunity to participate in a pre-arrest diversion program. If the youth was not offered participation, designation of one of the following reasons why the otherwise eligible youth was not given a diversion option:

1. Officer has knowledge that youth was previously served by Prearrest Diversion

2. Youth declined/refused to participate

3. LEO suspects gang association

4. Offense involved weapons or firearms

5. Parent declined/refused to participate

6. Not eligible based on local policy: Youth refused to admit guilt

7. Civil citation or alternative diversion program not available

8. Not eligible based on local policy: Ineligible offense type

9. Not eligible based on local policy: Offense involved domestic violence

10. Not eligible based on local policy: Offense involved drugs/narcotics

11. Not eligible based on local policy: Youth charged with multiple misdemeanor offenses

12. Not eligible based on local policy: Offense involved resisting arrest

13. Not eligible based on local policy: Victim requested formal arrest processing

14. Reason not available or provided by LEO

15. Offense involved cruelty to animals

16. Subsequent charge presented that does not qualify for diversion.

Notes

Fla. Admin. Code Ann. R. 63F-13.002

Rulemaking Authority 985.64, 985.126(6) FS. Law Implemented 985.126 FS.

Adopted by Florida Register Volume 45, Number 001, January 2, 2019 effective 1/16/2019, Amended by Florida Register Volume 46, Number 166, August 25, 2020 effective 9/10/2020.

New 1-16-19, Amended 9-10-20.