GENERAL ORDER 218

SUBJECT: JUVENILE CIVIL CITATIONS

INDEXING:

ISSUED: 2/22/2013 REVIEWED: 4/7/2017 REVISED: 8/14/2017 PAGES: 3

RESCINDS: SOP 083

I. PURPOSE

To set procedures for the issuance of civil citations to eligible juveniles who have violated qualifying
misdemeanor offenses.

II. POLICY

Pursuant to Florida State Statute, it is the policy of the Naples Police Department to issue civil citations to
juveniles as an alternative to arrest for qualifying misdemeanor offenses, up to three times per eligible juvenile
defendant.

III. SCOPE

The following policy shall apply to all sworn personnel.

IV. PROCEDURE

An eligible juvenile who admits having committed a misdemeanor offense and agrees to participation in this
program may be issued a civil citation with a recommendation for up to 50 community service hours.

A. Qualifying Offenses:

1. Juveniles may be issued a civil citation for misdemeanor offenses, up to three times, except:

a. Any misdemeanor involving the possession or use of a firearm.

b. Any misdemeanor involving exposure of sexual organs or other sexual related behavior (i.e.,
prostitution, lewd and lascivious behavior).
c. Any misdemeanor that is directly related to, or a part of, gang activity.

2. With approval of the victim, family, and the SAO, the following may be accepted for the
civil citation process:
a. Battery.
b. Assault.
c. Non-firearm weapon possession.
d. Animal Cruelty.

B. Eligible Juvenile:

1. A juvenile is considered eligible to receive a civil citation, except as follows:

a. They have previously been arrested for any offense and transported to a jail or DJJ intake facility.
b. They have previously received a Notice to Appear (NTA) for any criminal offense which required
an appearance in court.
c. They have been deemed ineligible by DJJ. The officer will contact the DJJ Intake Office to verify
eligibility for all juveniles.
(a) Naples DJJ (24 hour) 239-417-6277 ext. 117
(b) Fort Myers DJJ (24 hour) (239) 258-3450
d.
 eligible.
e. Reside outside of Collier County.

C. Form Completion:

1. A civil citation form will be filled out by the officer and a

if available. If, pursuant to this general order, notification of the parent is made by telephone, a copy of
the document will be given to the juvenile. The officer will then complete an offense report regarding
the crime committed by the juvenile. The offense report and civil citation will then be forwarded to the

2. The issuing officer will notify the on-duty supervisor of their intent to:

a. Issue the juvenile a Civil Citation instead of arrest. This notification will be documented in the
narrative portion of the offense report completed by the officer.
b. Arrest the juvenile instead of issue a civil citation. This notification and justification will be
documented in the narrative portion of the booking sheets and offense report completed by the
officer.

3. All Juvenile Civil Citations shall be filled out completely, including a detailed description of what
crime was committed by the juvenile.

4. The violating juvenile and parent/guardian are required to sign the Civil Citation. The juvenile or
parent/guardian has the right to refuse a civil citation and opt for the criminal charge instead.

a. Verbal notification of the parent / guardian may occur by telephone if the parent / guardian in unable
to respond to the scene in a timely manner.
b.
c. The verbal notification and consent must be noted on the form in place of the parent / guardian
signature. The verbal notification must also be noted in the offense report. Such notification will
include the full name and contact phone number used.
d. The collier County Sheri
the parent / guardian to obtain any necessary signature.

5. When an officer issues a Civil Citation instead of an arrest for a misdemeanor offense, the officer will
also complete a

6. The communications closing status of shall apply for issuance of a

Juvenile Civil Citation and completion of the offense report.

7. After completing the FBR report for the incident, the issuing officer shall submit it with the citation to
his supervisor for approval and processing.

8. Criminal Investigations shall review all issued citations and reports.

a. Paperwork with significant errors shall be returned to the issuing officer for correction.
b. If it is determined the citation was issued for an inappropriate offense, CID shall contact the

arrest warrant for criminal charges.

9. All reports involving the issuance of a civil citation shall be classified according to the offense

a. If the juvenile successfully completes the sanctions of the civil citation program, then no additional
action is required.
b. If the juvenile does not successfully complete the sanctions of the civil citation program, then a

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D. Juvenile physical arrest in lieu of receiving a civil citation for a qualifying misdemeanor crime.

1. Officer must provide written documentation as to why an arrest is warranted.

a. Crime did not meet the civil citation requirement (See section IV.A Qualifying Offenses).
b. The juvenile does not meet the civil citation requirement (See section IV.B Eligible Juvenile).
c. The Juvenile or their parent does not consent to the child entering the civil citation program.
d. DJJ records indicate the juvenile is not suitable for the program.
e. Juvenile did not admit to the crime at the time of offense.
f. Juvenile admits to having been physically arrested or having received a Notice to Appear for an
offense which was prosecuted.
g. There is an unresolved restitution issue between the victim and suspect/parent of suspect.

E. All juveniles participating in the program are required to comply with all sanctions recommended in
accordance with Florida State Statute 985.12.

1. Upon failure to comply with all sanctions and/or the commission of a subsequent misdemeanor
offense, the original case shall be submitted by a detective to the Department of Juvenile Justice and

F. Restitution

1. The Juvenile Civil Citation Program will not become involved in any matter related to restitution.

2. Involved parties agreeing to any form of restitution as part of the issuance of a civil citation do so in a
private manner, outside the scope of the Juvenile Civil Citation Program.

3. If an unresolved restitution exists, the case should be referred to juvenile court, and the officer should
conduct and arrest instead of issuing a civil citation.

G. Community Service Hour Assignment

1. Community service hours shall be assigned by the issuing officer, pursuant to the general guidelines of
the Collier County Juvenile Citation Program.

2. Hours shall be in increments of 5 hours blocks up to 50 hours.

3. General Guidelines of the Collier County Juvenile Civil Citation Programs are:
a. Drug and paraphernalia crimes Mandatory 40-50 hours
b. Retail and petit theft crimes Recommended: 25-35 hours
c. Affray and battery crimes Recommended 20-30 hours
d. Alcohol related crimes Mandatory 30-40 hours

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