2025 Admin Order 25-35-b

25-35-B, SUPERSEDES 20-24-B IN RE: JUVENILES – SEXTING BY MINORS-SECTION 847.0141, FLORIDA STATUTES - ORDERED 9/24/2025 BY MELANIE CHASE

WHEREAS the Florida Statute provides elements defining when a minor commits the offense of sexting in violation of section 847.0141(1);

WHEREAS a minor for purposes of section 874.0141, Florida Statutes, is defined in section 847.001(10), Florida Statutes, as a person under the age of eighteen years;

WHEREAS the Sheriff of Brevard County has established a Sexting and Cyber-Safety Awareness Program to address civil and criminal sexting violations pursuant to section 847.0141, Florida Statutes;

WHEREAS pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and

WHEREAS pursuant to the chief judge’s constitutional and statutory responsibility for administrative supervision of the courts within the circuit and to create and maintain an organization capable of effecting the efficient, prompt, and proper administration of justice for the citizens of this State, the chief judge is required to exercise direction, see Fla. R. Gen. Prac. & Jud. Admin. 2.215(b)(2), (b)(3);

NOW, THEREFORE, in order to facilitate the efficient operation of the administration of justice, and pursuant to the authority vested in me as chief judge of the Eighteenth Judicial Circuit of Florida, under Florida Rule of Judicial Administration 2.215, I hereby order the following, effective immediately, and to continue until further order:

1. First-time violations of section 847.0141, Florida Statutes, are designated as non-criminal violations that are to be heard by the circuit judges assigned to hear juvenile delinquency. See 985.030(1)(b), Fla. Stat. (2019).
2. First-time violators must sign and accept a citation. (ATTACHMENT).
3. Pursuant to section 0141(3)(a)1., Florida Statutes, the citation must contain all of the following:
   1. The date and time of
   2. The name and address of the minor to whom the citation was
   3. A thumbprint of the minor to whom the citation is
   4. Identification of the noncriminal violation and the time it was
   5. The facts constituting reasonable
   6. The specific section of law
   7. The name and authority of the citing
   8. The procedure that the minor must follow to contest the citation, perform the required community service, pay the civil penalty, or participate in a cyber-safety
4. The Civil Sexting Citation shall advise the first-time violator that pursuant to section 847.0141(3)(a), Florida Statutes, first-time violators may complete the Sexting and Cyber-Safety Awareness Program administered through the Brevard County Sheriff’s Office. The first-time violator must enroll in the class and satisfy attendance completion and provide proof of such to the Clerk of Court – Juvenile Division within 30 days after receipt of the
5. The Civil-Sexting Citation shall further advise that failure to provide proof of completion of the Sexting and Cyber-Safety Awareness Program within 30 days after receipt of the citation will require the first-time violator’s appearance in court on a hearing date to be scheduled by the court and a Notice of Hearing will be mailed by the court to the address listed on the
6. A minor who completes the Sexting and Cyber-Safety Awareness Education Program shall be issued a certificate of completion by the Brevard County Sheriff’s Office Sexting and Cyber-Safety Awareness Program. The citation shall contain the minor’s name, citation or case number and the date of completion. The minor shall file the certificate of completion with the Clerk of Court Juvenile Division. The Brevard County Sherriff’s Office Sexting and Cyber-Safety Awareness Program Administrator shall e-file the certificate of completion with the Clerk of Court Juvenile Division.
7. All Civil Sexting Citations shall be e-filed by the issuing agency with the Clerk of the Court Juvenile Division and copies provided to the minor and e-served on the Brevard County Sheriff’s Office Sexting and Cyber-Safety Awareness Program
8. Second and subsequent violations of section 0141, Florida Statutes, are criminal violations and will be processed as any other delinquent act or violation of law.
9. The Civil Sexting Citation attached to this Administrative Order is recognized as the Civil Sexting Citation for use in Brevard County and is incorporated herein as part of this
10. Access to the Civil Sexting Citation and related documents and case shall be restricted by the clerk of court and not be considered a public
11. A civil penalty of $60.00 and applicable court costs may be assessed. Pursuant to Florida Statute 847.0141(6), 80 percent of all civil penalties received by a juvenile court pursuant to this section shall be remitted by the clerk of the court to the Brevard County Sheriff’s Office to provide training on cyber-safety for

DONE and ORDERED this 24^th day of September 2025.

MELANIE CHASE

CHIEF JUDGE