Can my child get a civil citation instead of an arrest in Florida?

Since 2024, section 985.12 calls these programs "prearrest delinquency citation programs," and a civil citation program that existed before July 1, 2024 counts as one if the State Attorney approved it and it meets the statute's requirements. The idea is the same: deal with a child's first misdemeanor quickly, outside the court system. How Mr. Mead defends young people is on our juvenile offenses page. The other charges he handles are under criminal defense.

How does a civil citation work, step by step?

1. The officer decides. Instead of arresting the child for a qualifying misdemeanor, the officer issues a program notice. The Legislature "encourages but does not mandate" participation by local agencies (s. 985.12(1)).
2. Notice to the family and the victim. The officer must send a copy of the notice to the child's parent or guardian and to the victim (s. 985.12(2)(g)).
3. Assessment and requirements. The program sets the requirements, which can include community service hours, restitution, classes, and services based on a needs assessment, such as family counseling, drug testing or treatment (s. 985.12(2)(b)4.).
4. Records. The program enters the youth's data into the Department of Juvenile Justice's prevention system within 7 days of admission; issuing the notice "is not considered a referral to the department" (s. 985.12(2)(e), (f)).
5. Completion. The State Attorney or program operator reports the outcome to the Department of Juvenile Justice (s. 985.12(2)(f)).
6. If the child does not finish. The arresting officer decides whether there is good cause to arrest for the original misdemeanor and refer the case to the State Attorney, or to let the child continue (s. 985.12(2)(d)).

What does the law require of each program?

The program is designed by the State Attorney, the Public Defender, the clerk of each county and the participating police agencies of the circuit (s. 985.12(2)(a)). Because each circuit writes its own list of qualifying misdemeanors and eligibility rules, the answer for a specific child depends on the circuit's program and the officer's decision.

What does Broward County's program look like?

The Broward State Attorney publishes the most detail. It says Broward "has a long history of using civil citations as an alternative to arresting youths," and that under a memorandum of understanding signed in 2021 by prosecutors, law enforcement and community partners, "officers will first consider issuing a juvenile civil citation rather than arresting" people 17 or under who commit an eligible misdemeanor. The office says the agreement aims to make access "robust and equal in every community in Broward County," and that the requirements include community service hours, restitution if applicable, and intervention services, with the intended outcome of addressing the behavior "without creating a criminal record or requiring court intervention."

Broward also has the PROMISE program for minor misdemeanors on school grounds, handled as school discipline with no referral to police or prosecutors; students get 3 opportunities each school year, with interventions increasing each time. When a child is arrested instead, the next steps, including the Juvenile Assessment Center and diversion after arrest, are described in what happens after a juvenile arrest in Palm Beach or Broward. Other county programs are summarized on the Broward County page.

What about Palm Beach County?

The Fifteenth Circuit must have a prearrest delinquency citation program for misdemeanors like every other circuit, operated by the State Attorney (s. 985.12(2)(a), (c)). The State Attorney's office divisions page does not publish the Palm Beach program's list of qualifying misdemeanors, so the safest course is to ask early whether a citation was or still could be considered. After an arrest, the State Attorney's Juvenile Division "makes all juvenile intake and filing decisions, including diversion." The county's courts and programs are summarized on the Palm Beach County page.

How is a citation different from diversion after an arrest?

Either way, completing a qualifying program can support an application to FDLE to expunge the nonjudicial arrest record. The application must be signed by a parent, or by the young person once an adult, and must include a written statement from the State Attorney that the program was completed, that it was based on a misdemeanor or a felony that was not a forcible felony or a weapons offense, and that the minor has not otherwise been charged (s. 943.0582(3)).

What changes the answer?

• The offense. Only misdemeanors qualify for a prearrest citation, and never one involving a firearm (s. 985.12(2)(b)1.). A felony may still be diverted after arrest.
• The officer's discretion. Local agencies are encouraged, not required, to participate (s. 985.12(1)); in Broward, officers have agreed to consider a citation first.
• Prior history. Each program sets its own eligibility criteria, and a prior citation or arrest can affect them.
• Completion. Not finishing can lead to an arrest for the original misdemeanor (s. 985.12(2)(d)).
• The kind of case. Some misdemeanors that look minor have collateral rules, such as theft and the driver license alternative in s. 812.0155, covered in what happens after a shoplifting arrest.

A worked example

For example, take a hypothetical 14-year-old in Coral Springs caught by a store's loss prevention staff with $40 of merchandise and no prior history. Because petit theft is a misdemeanor and no firearm was involved, the officer could issue a prearrest citation instead of taking her to the Juvenile Assessment Center. Her parents would receive a copy of the notice, as would the store. She might be assigned community service hours, a class and restitution. If she finished, the matter would be reported as completed without a court case; if she did not, the officer could decide to arrest her for the original theft and refer it to the State Attorney. This illustration is not a prediction for any case.

Common mistakes people make

• Assuming the citation is automatic; the officer decides, within the circuit's rules.
• Treating the requirements casually; missing deadlines can turn into an arrest.
• Letting the child give a detailed statement before understanding the options.
• Not keeping proof of completed community service hours and classes.
• Assuming a later arrest will be treated the same way.

What to do this week

1. Read the citation notice carefully and note every deadline and contact.
2. Schedule the assessment and any classes right away.
3. Keep a folder with proof of community service, payments and completion.
4. If your child was arrested instead, ask whether a citation was considered and whether diversion is available.
5. Talk with a defense attorney if the charge is a felony or the child has a prior record.

Frequently asked questions

Is a civil citation the same as an arrest?

No. It is a prearrest program; the notice is issued instead of an arrest and is not a referral to the Department of Juvenile Justice (s. 985.12(2)(f)).

Who can get a civil citation in Broward?

The Broward State Attorney says officers will first consider a citation for people 17 or under who commit an eligible misdemeanor.

Can a felony get a civil citation?

No. The prearrest program in s. 985.12 is for misdemeanors. Felonies may be diverted after arrest, as described in pretrial diversion in Palm Beach and Broward.

Is there a fee?

A program may charge one; if it does, the county clerk receives a reasonable portion (s. 985.12(2)(b)5.).

Does a civil citation leave a record?

The program enters data into the Department of Juvenile Justice prevention system, but no court case is filed. A minor who completes a diversion program, including one under s. 985.12, may apply to expunge a nonjudicial arrest record (s. 943.0582). That application, and the automatic expunction at 21, are covered in whether a juvenile record can be expunged. See our records expungement page.

What if the officer arrested my child anyway?

Post-arrest diversion may still be possible. Broward's State Attorney says first referrals for misdemeanors and nonviolent third-degree felonies go to diversion.

What happens if my child fights at school?

In Broward, the PROMISE program lets students avoid arrest for certain minor misdemeanors on school grounds, handled as school discipline, with up to 3 opportunities each school year. If police are involved, the difference between the possible charges is explained in assault, battery and aggravated battery in Florida, and a citation may still be considered for a misdemeanor.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. For a young person, keeping a first mistake out of court is often the most important goal, and the time to ask about citation or diversion is at the start. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If your child is facing a charge, a confidential call to (561) 362-6677 is a sound first step.

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