Bill Text: FL S0296 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 296 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Attorneys [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages [S0296 Detail]

Download: Florida-2010-S0296-Comm_Sub.html
 
Florida Senate - 2010                              CS for SB 296 
 
By the Committee on Criminal Justice; and Senator Wise 
591-01250-10                                           2010296c1 
1                        A bill to be entitled 
2         An act relating to state attorneys; amending s. 
3         27.366, F.S.; deleting a provision that requires each 
4         state attorney to report why a case-qualified 
5         defendant did not receive the mandatory minimum prison 
6         sentence in cases involving the possession or use of a 
7         weapon; amending s. 775.082, F.S.; deleting a 
8         provision that requires each state attorney to report 
9         why a case-qualified defendant did not receive the 
10         mandatory minimum prison sentence in cases involving 
11         certain specified offenses; repealing s. 775.08401, 
12         F.S., relating to criteria to be used when state 
13         attorneys decide to pursue habitual felony offenders 
14         or habitual violent felony offenders; repealing s. 
15         775.087(5), F.S., relating to a provision that 
16         requires each state attorney to report why a case 
17         qualified defendant did not receive the mandatory 
18         minimum prison sentence in cases involving certain 
19         specified offenses; amending s. 903.286, F.S.; 
20         requiring the clerk of the court to withhold 
21         sufficient funds to pay any unpaid costs of 
22         prosecution from the return of a cash bond posted on 
23         behalf of a criminal defendant by a person other than 
24         a bail bond agent; amending s. 938.27, F.S.; providing 
25         that persons whose cases are disposed of under any 
26         diversionary alternative are liable for payment of the 
27         costs of prosecution; deleting provisions regarding 
28         the burden of establishing financial resources of the 
29         defendant; requiring the clerk of court to separately 
30         record each assessment and payment of costs of 
31         prosecution; requiring the clerk to prepare a monthly 
32         report to the state attorney’s office of the recorded 
33         assessments and payments; repealing s. 985.557(4), 
34         F.S., relating to direct-file policies and guidelines 
35         for juveniles; amending s. 775.0843, F.S.; conforming 
36         a cross-reference; providing an effective date. 
37 
38  Be It Enacted by the Legislature of the State of Florida: 
39 
40         Section 1. Section 27.366, Florida Statutes, is amended to 
41  read: 
42         27.366 Legislative intent and policy in cases meeting 
43  criteria of s. 775.087(2) and (3); report.— 
44         (1) It is the intent of the Legislature that convicted 
45  criminal offenders who meet the criteria in s. 775.087(2) and 
46  (3) be sentenced to the minimum mandatory prison terms provided 
47  herein. It is the intent of the Legislature to establish zero 
48  tolerance of criminals who use, threaten to use, or avail 
49  themselves of firearms in order to commit crimes and thereby 
50  demonstrate their lack of value for human life. It is also the 
51  intent of the Legislature that prosecutors should appropriately 
52  exercise their discretion in those cases in which the offenders’ 
53  possession of the firearm is incidental to the commission of a 
54  crime and not used in furtherance of the crime, used in order to 
55  commit the crime, or used in preparation to commit the crime. 
56  For every case in which the offender meets the criteria in this 
57  act and does not receive the mandatory minimum prison sentence, 
58  the state attorney must explain the sentencing deviation in 
59  writing and place such explanation in the case file maintained 
60  by the state attorney. On a quarterly basis, each state attorney 
61  shall submit copies of deviation memoranda regarding offenses 
62  committed on or after the effective date of this act to the 
63  President of the Florida Prosecuting Attorneys Association, Inc. 
64  The association must maintain such information and make such 
65  information available to the public upon request for at least a 
66  10-year period. 
67         (2) Effective July 1, 2000, each state attorney shall 
68  annually report to the Speaker of the House of Representatives, 
69  the President of the Senate, and the Executive Office of the 
70  Governor regarding the prosecution and sentencing of offenders 
71  who met the criteria in s. 775.087(2) and (3). The report must 
72  categorize the defendants by age, gender, race, and ethnicity. 
73  Cases in which a final disposition has not yet been reached 
74  shall be reported in a subsequent annual report. 
75         Section 2. Paragraph (d) of subsection (9) of section 
76  775.082, Florida Statutes, is amended to read: 
77         775.082 Penalties; applicability of sentencing structures; 
78  mandatory minimum sentences for certain reoffenders previously 
79  released from prison.— 
80         (9) 
81         (d)1. It is the intent of the Legislature that offenders 
82  previously released from prison who meet the criteria in 
83  paragraph (a) be punished to the fullest extent of the law and 
84  as provided in this subsection, unless the state attorney 
85  determines that extenuating circumstances exist which preclude 
86  the just prosecution of the offender, including whether the 
87  victim recommends that the offender not be sentenced as provided 
88  in this subsection. 
89         2. For every case in which the offender meets the criteria 
90  in paragraph (a) and does not receive the mandatory minimum 
91  prison sentence, the state attorney must explain the sentencing 
92  deviation in writing and place such explanation in the case file 
93  maintained by the state attorney. On an annual basis, each state 
94  attorney shall submit copies of deviation memoranda regarding 
95  offenses committed on or after the effective date of this 
96  subsection, to the president of the Florida Prosecuting 
97  Attorneys Association, Inc. The association must maintain such 
98  information, and make such information available to the public 
99  upon request, for at least a 10-year period. 
100         Section 3. Section 775.08401, Florida Statutes, is 
101  repealed. 
102         Section 4. Subsection (5) of section 775.087, Florida 
103  Statutes, is repealed. 
104         Section 5. Subsection (1) of section 903.286, Florida 
105  Statutes, is amended to read: 
106         903.286 Return of cash bond; requirement to withhold unpaid 
107  fines, fees, court costs; cash bond forms.— 
108         (1) Notwithstanding s. 903.31(2), the clerk of the court 
109  shall withhold from the return of a cash bond posted on behalf 
110  of a criminal defendant by a person other than a bail bond agent 
111  licensed pursuant to chapter 648 sufficient funds to pay any 
112  unpaid court fees, court costs, costs of prosecution, and 
113  criminal penalties. If sufficient funds are not available to pay 
114  all unpaid court fees, court costs, costs of prosecution, and 
115  criminal penalties, the clerk of the court shall immediately 
116  obtain payment from the defendant or enroll the defendant in a 
117  payment plan pursuant to s. 28.246. 
118         Section 6. Section 938.27, Florida Statutes, is amended to 
119  read: 
120         938.27 Judgment for costs on conviction and disposition.— 
121         (1) In all criminal and violation-of-probation or 
122  community-control cases, convicted persons and persons whose 
123  cases are disposed of under any diversionary alternative are 
124  liable for payment of the costs of prosecution, including 
125  investigative costs incurred by law enforcement agencies, by 
126  fire departments for arson investigations, and by investigations 
127  of the Department of Financial Services or the Office of 
128  Financial Regulation of the Financial Services Commission, if 
129  requested by such agencies. The court shall include these costs 
130  in every judgment rendered against the convicted person. For 
131  purposes of this section, “convicted” means a determination of 
132  guilt, or of violation of probation or community control, which 
133  is a result of a plea, trial, or violation proceeding, 
134  regardless of whether adjudication is withheld. 
135         (2)(a) The court shall impose the costs of prosecution and 
136  investigation notwithstanding the defendant’s present ability to 
137  pay. The court shall require the defendant to pay the costs 
138  within a specified period or in specified installments. 
139         (b) The end of such period or the last such installment 
140  shall not be later than: 
141         1. The end of the period of probation or community control, 
142  if probation or community control is ordered; 
143         2. Five years after the end of the term of imprisonment 
144  imposed, if the court does not order probation or community 
145  control; or 
146         3. Five years after the date of sentencing in any other 
147  case. 
148 
149  However, in no event shall the obligation to pay any unpaid 
150  amounts expire if not paid in full within the period specified 
151  in this paragraph. 
152         (c) If not otherwise provided by the court under this 
153  section, costs shall be paid immediately. 
154         (3) If a defendant is placed on probation or community 
155  control, payment of any costs under this section shall be a 
156  condition of such probation or community control. The court may 
157  revoke probation or community control if the defendant fails to 
158  pay these costs. 
159         (4) Any dispute as to the proper amount or type of costs 
160  shall be resolved by the court by the preponderance of the 
161  evidence. The burden of demonstrating the amount of costs 
162  incurred is on the state attorney. The burden of demonstrating 
163  the financial resources of the defendant and the financial needs 
164  of the defendant is on the defendant. The burden of 
165  demonstrating such other matters as the court deems appropriate 
166  is upon the party designated by the court as justice requires. 
167         (5) Any default in payment of costs may be collected by any 
168  means authorized by law for enforcement of a judgment. 
169         (6) The clerk of the court shall collect and dispense cost 
170  payments in any case. The clerk of court shall separately record 
171  each assessment and the payment of costs of prosecution. Costs 
172  of prosecution must be assessed by the court with respect to 
173  each case number in which the court orders costs of prosecution. 
174  The clerk shall provide a monthly report to the state attorney’s 
175  office of the assessments and payments recorded. 
176         (7) Investigative costs that are recovered shall be 
177  returned to the appropriate investigative agency that incurred 
178  the expense. Such costs include actual expenses incurred in 
179  conducting the investigation and prosecution of the criminal 
180  case; however, costs may also include the salaries of permanent 
181  employees. Any investigative costs recovered on behalf of a 
182  state agency must be remitted to the Department of Revenue for 
183  deposit in the agency operating trust fund, and a report of the 
184  payment must be sent to the agency, except that any 
185  investigative costs recovered on behalf of the Department of Law 
186  Enforcement shall be deposited in the department’s Forfeiture 
187  and Investigative Support Trust Fund under s. 943.362. 
188         (8) Costs for the state attorney shall be set in all cases 
189  at no less than $50 per case when a misdemeanor or criminal 
190  traffic offense is charged and no less than $100 per case when a 
191  felony offense is charged, including a proceeding in which the 
192  underlying offense is a violation of probation or community 
193  control. The court may set a higher amount upon a showing of 
194  sufficient proof of higher costs incurred. Costs recovered on 
195  behalf of the state attorney under this section shall be 
196  deposited into the state attorney’s grants and donations trust 
197  fund to be used during the fiscal year in which the funds are 
198  collected, or in any subsequent fiscal year, for actual expenses 
199  incurred in investigating and prosecuting criminal cases, which 
200  may include the salaries of permanent employees, or for any 
201  other purpose authorized by the Legislature. 
202         Section 7. Subsection (4) of section 985.557, Florida 
203  Statutes, is repealed. 
204         Section 8. Subsection (5) of section 775.0843, Florida 
205  Statutes, is amended to read: 
206         775.0843 Policies to be adopted for career criminal cases.— 
207         (5) Each career criminal apprehension program shall 
208  concentrate on the identification and arrest of career criminals 
209  and the support of subsequent prosecution. The determination of 
210  which suspected felony offenders shall be the subject of career 
211  criminal apprehension efforts shall be made in accordance with 
212  written target selection criteria selected by the individual law 
213  enforcement agency and state attorney consistent with the 
214  provisions of this section and s. ss. 775.08401 and 775.0842. 
215         Section 9. This act shall take effect July 1, 2010.