Bill Text: FL S0296 | 2010 | Regular Session | Comm Sub
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
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. 56For every case in which the offender meets the criteria in this57act and does not receive the mandatory minimum prison sentence,58the state attorney must explain the sentencing deviation in59writing and place such explanation in the case file maintained60by the state attorney. On a quarterly basis, each state attorney61shall submit copies of deviation memoranda regarding offenses62committed on or after the effective date of this act to the63President of the Florida Prosecuting Attorneys Association, Inc.64The association must maintain such information and make such65information available to the public upon request for at least a6610-year period.67(2)Effective July 1, 2000, each state attorney shall68annually report to the Speaker of the House of Representatives,69the President of the Senate, and the Executive Office of the70Governor regarding the prosecution and sentencing of offenders71who met the criteria in s.775.087(2) and (3). The report must72categorize the defendants by age, gender, race, and ethnicity.73Cases in which a final disposition has not yet been reached74shall 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. 892.For every case in which the offender meets the criteria90in paragraph (a) and does not receive the mandatory minimum91prison sentence, the state attorney must explain the sentencing92deviation in writing and place such explanation in the case file93maintained by the state attorney. On an annual basis, each state94attorney shall submit copies of deviation memoranda regarding95offenses committed on or after the effective date of this96subsection, to the president of the Florida Prosecuting97Attorneys Association, Inc. The association must maintain such98information, and make such information available to the public99upon 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, if129requested 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 demonstrating163the financial resources of the defendant and the financial needs164of the defendant is on the defendant. The burden of165demonstrating such other matters as the court deems appropriate166is 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.775.08401and775.0842. 215 Section 9. This act shall take effect July 1, 2010.