Contract 2023-086A2023-086A
JUVENILE CIVIL CITATION PROGRAM
WORD IN LIEU OF ARREST (W.I.L.A.)
MEMORANDUM Or AGREEMENT
In accordance with Chapter 985 of the Florida Statutes:
Section 985,12(2): "(a) A civil citation or similar prearrest diversion program for misdemeanor
offenses shall be established in each judicial circuit in the state. The state attorney and public
defender of each circuit, the clerk of the court for each county in the circuit, and representatives of
participating law enforcement agencies in the circuit shall create a civil citation or similar prearrest
diversion program and develop its policies and procedures. In developing the program's policies
and procedures, input from other interested stakeholders may be solicited." ...
(b) Each judicial circuit's civil citation or similar prearrest diversion program must specify:
I . The misdemeanor offenses that qualify a juvenile for participation in (lie program;
2. The eligibility criteria for the program;
3. The program's implementation and operation;
4. The program's requirements, including, but not limited to, the completion of
community service hours, payment of restitution, if applicable, and intervention
services indicated by a needs assessment of the juvenile, approved by the
department, such as family counseling, urinalysis monitoring, and substance abuse
and mental health treatment services; and
5. A program fee, if any, to be paid by a juvenile participating In the program, If the
program imposes a fee, the clerk of the court of the applicable county must receive
a reasonable portion of (lie fee."
Section 985.115(4): "Nothing in this section or s. 985.13 shall prohibit the proper use of law
enforcement diversion program. Law enforcement agencies may initiate, and conduct diversion
programs designed to divert a child from the need for department custody or judicial handling,
Such programs may be cooperative projects with local community service agencies."
Section 985.125(1)- "A law enforcement agency or school district, in cooperation with the State
Attorney, may establish a prearrest or post arrest diversion program."
'file Sheriff of Lake County and municipal Police Chiefs understand there is a need to provide an
alternative program for juvenile oftenders who commit delinquent acts of a non -serious nature,
Such a program will (telp youthtlrl offenders avold a perntariwtt criminal record and entry into the
juvenile justice system and Will relieve lire burden on (lie juvenile justice courts, as well.1'he civil
citation program, referred to as the Work in I.lcu of Arrest (W.I.L..A.) Program, Will allow
delinquent first- and second -time offenders who admit to having committed it misdemeanor the
Opportunity to participate in community service activities to ensure swifl and appropriate
consequences in lieu ol'arrest and entry into the juvenile justice court system.
JUVENILE CIVIL CITATION PROGRAM,
MEMORANDUM OF AGREEMENT
Page 2
WORK IN LIEU OF ARREST (W.I.L.A.),
This Memorandum of Agreement (MOA) shnil reflect the agreement of the signatories to support
the Lake County W.I.L.A. Program and agree to participate in the program to the nlaximlon extent
feasible as forth herein.
With the purpose of providing swift intervention to juveniles \vho eonnmit delinquent acts of a
non -serious nature, the Lake County Sheriff's Office and municipal police departments shall assist
in administering the W.I.L.A. Program to the residents of Lake County, Florida, by cooperating to
accomplish the following objectives:
1. Identify set -vice work detail projects; and
2. Provide to law enforcement officers the documents and information to administer
the civil citation program referred to as the W.I.L.A. Program option for first- and
second -time misdemeanor delinquent youth in and out of school; and
3. Encourage law enforcement officers to conduct and monitor youth who perform
twenty (20) community service hours as a work detail; and
4. Lake County Sheriff's Office shall provide transportation for W.I.L.A. participants
to and from the work site(s); and
5. Provide office space and computer equipment to the W.LL.A. P►•ogranl Associate,
as needed,
The Board of County Commissioners shall employ and provide all fringe benefits and Workers
Compensation coverage to the W.I.L.A. Program Associate. The W.I.L.A. Program Associate
shall:
I. Maintain daily record keeping and office functions necessary to maintain the
W.I.L.A. Program; and
2. Complete an initial screening of the juvenile participant, assess the juvenile's needs
at intake, make appropriate service referrals; and
3. l,nsure service needs are met; and
4. Receive (lie civil citations and administer the W.I.L.A. Program; and
5. Disseminate copies of the civil citations to appropriate agencies; and
G. Coordinate and assist in scheduling service hours for juvenile participants; and
7. Monitor the juvenile participant's progress and completion of the program; and
8. Complete and disseminate any reports necessary to document the juvenile
participant's I)rog►•ess or successful completion of the program; and
9. Contact the State Attorney's Office, Juvenile Division, to initiate prosecution for
the originai delinquent act if at nny tint the jnveniic participant does not
satisfactory complete the progriun regtliretllerlts as agreed Upon.
Although the issuiulCe of a Civil Citittion is not collsidered it referral to the Delurtment of Juvenile
Justice, a copy of each Citatioll isstled shall be provided to the Department ol'Juvenilc Justice, and
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JUVENILE CIVIL CITATION PROGRAM, WORK IN LIEU OF ARREST (W.i.L.A.),
MEMORANDUM OF AGREEMENT
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appropriate information will be entered Into the prevention side of the Juvenile Justice Information
System. At the conclusion of a juvenile's par(icipatio>t in the program, the W.I.L.A. Program
Associate shall report the outcome to the Department of Juvenile Justice.
Each law enforcement officer should be mindful of the victims of a crime when making a decision
as to whether or not to issue a civil citation.
A juvenile civil citation may be issued by a law enforcement officer and processed using
procedures of the Lake County Sheriffs Office and/or municipal police departments throughout
Lake County, including but not limited to the following:
l . The juvenile must be a first- or second -time offender between the ages of 10 and
17 years old.
2. The juvenile must consent to participate in the program and admit guilt to a
qualifying misdemeanor offense. The deputy or officer shall move forward with
issuing the civil citation even if the youth and/or parent/guardian refuse to admit
guilt at the tithe of the qualifying misdemeanor offense. The W.I.L.A. Program
Associate will reach out to the youth and parent1guardian to rurther explain titre
program. if the youth and/or parent guardian still refuse to admit guilt to the
qualifying misdcmcanor offense, then the W.I.L.A. Program Associate will contact
the Chlof Probation Officer, or designee, far the Department of Juvenile Justice in
(he Fifth Judicial Circuit to assist in explaining the program to the youth and
parent/guardian. if the youth and/or parent/guardian still refuse to admit guilt or
participate in the program. The W.I.L.A Program Associate will contact (lie State
Attorney's Office, Juvenile Division, to initiate prosecution for the original
delinquent act.
3. The deputy or officer should verify contact information and include as much
information as possible in the narrative of tile citation.
4. Ti►e deputy or officer will attempt to obtain the signature of the juvenile on it
completed juvonile civil citation form. If the juvenile does not sign or admit guilt,
then the law enforcement officer can still send the juvoiilo civil citation form to the
W.I.L.A. Program Associate who will attempt to got the signatures and admission
ol'guilt. The completed civil citation form will affirm (lie following:
a. That guilt to (lie misdemeanor is admitted (law enforcement officer can still
send to the W.I.L.A. Program Associate who will attempt to have the
admission of guilt signed);
b. That (he right to a speedy trial is waived;
C. That the juvenile has never previously been charged with oily misdemeanor
or felony offense;
d. That the juvenile has either never previously been in 11 diversionary
program, or has only received ono other diversionary program; and
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JUVL:NILE CIVIL. CITATION PROGRAM,
MEMORANDUM OFAGREEMENT
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WORK iN LIEU Or ARREST (W.I.L.A.),
C. 'That the juvenile and the juvenilo's parent/guardian will contact the
W.I.L.A, Program Associate within seven (7) days from the date of the
Issuance of the citation so as to arrange an intake screening.
5. At the time of issuance of the civil citation by law enforcement, the deputy or
officer shall advise the child that the child has the option to refuse the citation at
any time before completion of the work assignment and be referred to the
Department of Juvenile Justice,
G. Tire citing deputy or officer shall send a copy of the civil citation to his or her
supervisor, tite State Attorney, the Department of Juvenile Justice, or (lie
community service performance monitor designated by the Department of
Juvenile Justico, the parent or guardian of the child, and the victim.
7. Any Juvenile issued a civil citation shall be released to his or her parent/guardian;
if possible.
8. *['(to W.I.L.A. Program Associate shall advise the intake office of the Department
of Juvenile Justice that the juvenile has, in fact, reported and the expected date upon
which completion of the work assignment will be accomplished.
9. The citing law enforcement officer shall complete ail offense report detailing the
circumstances which led to the issuance of the civil citation, as well as any other
related information.
10. Completed civil citations will be placed in the W.I.L.A. Program Associate's
mailbox.
11. The juvenile and the juvenile's parent/guardian must attend the intake screening
with (Ito W.I.L.A. Program Associate.
12. Any additional service roforrals Identified at the time of intake by the W.I.L.A.
Program Associate, such as mental health or substance abuse classes, etc., must be
completed before successful completion of the program.
13. A Waiver of Speedy Trial must be signed by tho juvenile and a parent/guardian on
the citation,
14. 'The Juvenile will be scheduled to begin work following the intake screening;
15. The work assignment will be physically demanding and time consuming and shall
be accomplished at a rate of not less than rive (5) hours per week for a minimum
of twenty (20) hours spread across four (4) Saturdays within an allotted eight -week
completion period.
16, If the child is deemed inappropriate for any reason, fails to contact the W.M.A.
Program Associate, report timely l'or it work assignment, complete a work
assignment, or comply with assigned intervention services within the prescribed
time, or if the juvenile commits it subsequent act, the citation will be processed as
it referral to the Department of Juvenile Justice, and rel'cr the report to the Sta(c
Attorney for review.
17. Alter ail intake with Illc Department of Juvenile Justice, the 01'11ce of the State
Attorney will slake it filing decision.
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JUVENILE CIVIL CITATION PROGRAM,
MEMORANDUM OF AGREEMENT
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WORK IN LIEU OF ARREST (W.I.L.A.),
'this MOA shall not be construed as creating any joint venture or joint employment
relationsliip between the parties.
Tliis MOA automatically renews each year for a one (1) year period.'I'his MOA may be
terminated by any {tarty with 30 days written notice in advance of the termination.
This MOA becomes final and takes effect upon the signature and dating of the last of the
signatories/ngencies below, and shall remain io effect until written termination notice is provided
by a signor to the other signors of this MOA.
Peyton Grinnell, Sheriff of Lake
y, Florida
-71211 z-
Date
{antes R. f3axtey, Administrative Circuit Court Judge, Lake County, Florid ► Date
WUU0A,., C 6a4twiv
William Gladson, State Attorney, Fifth Judicial Circuit
Michael Graves, Public Defender, Fifth Judicial Circuit
'71.18/20a.3
Date
M 812023
Date
Randy R nol s, Cliief Probation Officer., Fifth Judicial Circuit, DJJ I)ate
6� d��%3
Clary C'ootte , C �1k o t e rnmly, FI a Date
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JUVENILE CIVIL CITATION PROGRAM, WORK IN LIEU 'Or ARREST (W.I.L.A.),
MLMORANDUM OF AGREEMBNT
Page G
Chic l' Wttiltcr I onglatitu1, Ast Iln Police Departmcltt I)tIt
G'hiel'Chnt•lesi;r��adt\ati�,(.,lertuun 'c�li^I? U,.�n'��._ ...__ _._.... __..•Date
i1of Cral apri, Euslis%I'olice Department t / Date
Chief Erik Luce, Fruitland Park Police Department / C Date
►lul t�V em , Or veland Pt i6c Department Dato
Chief hick Tliou�as, lYo\vey-;,,-tho-IXilis Police Department Date
It 20.1
inlcrili Chlcl'Stevan 4V. iiunl, Lady l.ltkv I>olicc Ucpflrlu�ant ��� Dale
Chief Robert Hicks, Leesburg Police Departmont Date
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JUVENILE CIVIL CITATION PROGRANI, WORK 1N LIE-0 OF ARREST (W.I.L.A),
IvIEMORANDUA9 Or AGREEMENT
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Chief Eric Pedersen, Mascotte Police Depal'tment Date
interim Chief Mike Gibson, Mount Dora Police Department Date
,,...••- vim,,,. ...
Cisie Sarali Courst y, Taval. Iloilo - )epartment
Chief Adam Holton, Umatilla Police Department
Date
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Date
JUVENILE CIVIL CITATION PROGRAM,
MEMORANDUM Of AGREEMENT
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ATTEST:
Gary J ,onc er
Boa,.(
oar of ounty C nuuissioncrs �9
of La County, F orida �Fcor
Approved as to form and legality:
Melanie Marsh
County Attorney
WORK IN LIEU Or ARREST (W.I.L.A.),
LAKE COUNTY, FLORIDA by and through its
130ARD Of COUNTY COMMISSIONERS
Kirby S) ii h, Chair an
ay of -LDy( , 2023.
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