Civil citation program aims at consistency in handling petty crime in Tallahassee, Gainesville

Under a civil citation initiative launched by prosecutors in Tallahassee and Gainesville, the college student caught with a misdemeanor amount of marijuana in Leon County will be treated the same as the fisherman caught committing the same offense in Wakulla.

Second Judicial Circuit State Attorney Jack Campbell and Eighth Judicial Circuit State Attorney William Cervone aim to create uniform guidelines for police and to offer alternatives to arrest. Both hope the program will one day be recognized as a statewide model.

In the Second Circuit, six sheriff’s offices, 12 police departments and three state law enforcement agencies have signed on for the program. The program is only being used in Alachua County in the Eighth Circuit.

“We’re looking for an opportunity to make interventions without permanently scarring or alienating some of these folks who are making minor infractions,” Campbell said.

Not a lot has changed in civil citation program started more than 20 years ago; officers still have discretion to offer a citation instead of arrest for misdemeanor crimes.

Excluded from the program are battery and violent crimes, violation of injunctions, loitering and prowling, stalking, DUI and animal cruelty.

But what is different in this iteration is that law enforcement officials directly file the citations with the state attorney’s office, which then decides if a defendant is eligible.

It has wide sweeping ramifications, Campbell said.

One of the main goals is ensuring defendants across the circuits are being treated the same.

“One of the things that was important to both Bill and I was that you have continuity and consistency,” Campbell said. “You don’t want to see this great disparity between the way college students are treated and the way that somebody who didn’t go to college might be treated. Instead of being arbitrary, it’s one size fits all.”

Both circuits face similar challenges. They are both home to major college campuses that spill out into some of the most rural counties in the state.

It was for that reason the circuits were targeted as a place to start, Campbell said. Several law enforcement agencies have verbally agreed to utilize the program, but are still working internally to bring their policies up to date to match it.

The program is optional for both law enforcement and defendants. Individuals who opt to go through the program cannot be involved in any criminal activity during the diversion. Prosecutor's fees of $100 are collected in all cases and community service is a requirement. Completion can be followed up by sealing or expunging criminal records.

Prosecutors have discretion in requiring defendants get a driver’s license, pay restitution and seek professional evaluation for mental health, anger management and substance abuse. Upon completion, prosecutors will drop charges.

The Second Judicial Circuit covers Gadsden, Leon, Liberty, Jefferson, Wakulla and Franklin counties. The Eighth Circuit includes Alachua, Baker, Bradford, Gilchrist, Levy and Union counties.

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.