Bill Text: FL S0296 | 2010 | Regular Session | Engrossed

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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-Engrossed.html

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CS for CS for CS for SB 296                      First Engrossed 
2010296e1 
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 submit on a quarterly basis 
5         deviation memoranda relating to offenders who are not 
6         sentenced to the mandatory minimum prison sentence in 
7         cases involving the possession or use of a weapon; 
8         amending s. 775.082, F.S.; deleting a provision that 
9         requires each state attorney to submit on a quarterly 
10         basis a deviation memoranda relating to why a 
11         defendant did not receive the mandatory minimum prison 
12         sentence in cases involving certain specified 
13         offenses; repealing s. 775.08401, F.S., relating to 
14         criteria to be used when state attorneys decide to 
15         pursue habitual felony offenders or habitual violent 
16         felony offenders; repealing s. 775.087(5), F.S., 
17         relating to a provision that requires each state 
18         attorney to report why a case-qualified defendant did 
19         not receive the mandatory minimum prison sentence in 
20         cases involving certain specified offenses; amending 
21         s. 938.27, F.S.; deleting provisions regarding the 
22         burden of establishing financial resources of the 
23         defendant; repealing s. 985.557(4), F.S., relating to 
24         direct-file policies and guidelines for juveniles; 
25         amending s. 775.0843, F.S.; conforming a cross 
26         reference; providing an effective date. 
27 
28  Be It Enacted by the Legislature of the State of Florida: 
29 
30         Section 1. Section 27.366, Florida Statutes, is amended to 
31  read: 
32         27.366 Legislative intent and policy in cases meeting 
33  criteria of s. 775.087(2) and (3); report.— 
34         (1) It is the intent of the Legislature that convicted 
35  criminal offenders who meet the criteria in s. 775.087(2) and 
36  (3) be sentenced to the minimum mandatory prison terms provided 
37  herein. It is the intent of the Legislature to establish zero 
38  tolerance of criminals who use, threaten to use, or avail 
39  themselves of firearms in order to commit crimes and thereby 
40  demonstrate their lack of value for human life. It is also the 
41  intent of the Legislature that prosecutors should appropriately 
42  exercise their discretion in those cases in which the offenders’ 
43  possession of the firearm is incidental to the commission of a 
44  crime and not used in furtherance of the crime, used in order to 
45  commit the crime, or used in preparation to commit the crime. 
46  For every case in which the offender meets the criteria in this 
47  act and does not receive the mandatory minimum prison sentence, 
48  the state attorney must explain the sentencing deviation in 
49  writing and place such explanation in the case file maintained 
50  by the state attorney. On a quarterly basis, each state attorney 
51  shall submit copies of deviation memoranda regarding offenses 
52  committed on or after the effective date of this act to the 
53  President of the Florida Prosecuting Attorneys Association, Inc. 
54  The association must maintain such information and make such 
55  information available to the public upon request for at least a 
56  10-year period. 
57         (2) Effective July 1, 2000, each state attorney shall 
58  annually report to the Speaker of the House of Representatives, 
59  the President of the Senate, and the Executive Office of the 
60  Governor regarding the prosecution and sentencing of offenders 
61  who met the criteria in s. 775.087(2) and (3). The report must 
62  categorize the defendants by age, gender, race, and ethnicity. 
63  Cases in which a final disposition has not yet been reached 
64  shall be reported in a subsequent annual report. 
65         Section 2. Paragraph (d) of subsection (9) of section 
66  775.082, Florida Statutes, is amended to read: 
67         775.082 Penalties; applicability of sentencing structures; 
68  mandatory minimum sentences for certain reoffenders previously 
69  released from prison.— 
70         (9) 
71         (d)1. It is the intent of the Legislature that offenders 
72  previously released from prison who meet the criteria in 
73  paragraph (a) be punished to the fullest extent of the law and 
74  as provided in this subsection, unless the state attorney 
75  determines that extenuating circumstances exist which preclude 
76  the just prosecution of the offender, including whether the 
77  victim recommends that the offender not be sentenced as provided 
78  in this subsection. 
79         2. For every case in which the offender meets the criteria 
80  in paragraph (a) and does not receive the mandatory minimum 
81  prison sentence, the state attorney must explain the sentencing 
82  deviation in writing and place such explanation in the case file 
83  maintained by the state attorney. On an annual basis, each state 
84  attorney shall submit copies of deviation memoranda regarding 
85  offenses committed on or after the effective date of this 
86  subsection, to the president of the Florida Prosecuting 
87  Attorneys Association, Inc. The association must maintain such 
88  information, and make such information available to the public 
89  upon request, for at least a 10-year period. 
90         Section 3. Section 775.08401, Florida Statutes, is 
91  repealed. 
92         Section 4. Subsection (5) of section 775.087, Florida 
93  Statutes, is repealed. 
94         Section 5. Section 938.27, Florida Statutes, is amended to 
95  read: 
96         938.27 Judgment for costs on conviction.— 
97         (1) In all criminal and violation-of-probation or 
98  community-control cases, convicted persons are liable for 
99  payment of the costs of prosecution, including investigative 
100  costs incurred by law enforcement agencies, by fire departments 
101  for arson investigations, and by investigations of the 
102  Department of Financial Services or the Office of Financial 
103  Regulation of the Financial Services Commission, if requested by 
104  such agencies. The court shall include these costs in every 
105  judgment rendered against the convicted person. For purposes of 
106  this section, “convicted” means a determination of guilt, or of 
107  violation of probation or community control, which is a result 
108  of a plea, trial, or violation proceeding, regardless of whether 
109  adjudication is withheld. 
110         (2)(a) The court shall impose the costs of prosecution and 
111  investigation notwithstanding the defendant’s present ability to 
112  pay. The court shall require the defendant to pay the costs 
113  within a specified period or in specified installments. 
114         (b) The end of such period or the last such installment 
115  shall not be later than: 
116         1. The end of the period of probation or community control, 
117  if probation or community control is ordered; 
118         2. Five years after the end of the term of imprisonment 
119  imposed, if the court does not order probation or community 
120  control; or 
121         3. Five years after the date of sentencing in any other 
122  case. 
123 
124  However, in no event shall the obligation to pay any unpaid 
125  amounts expire if not paid in full within the period specified 
126  in this paragraph. 
127         (c) If not otherwise provided by the court under this 
128  section, costs shall be paid immediately. 
129         (3) If a defendant is placed on probation or community 
130  control, payment of any costs under this section shall be a 
131  condition of such probation or community control. The court may 
132  revoke probation or community control if the defendant fails to 
133  pay these costs. 
134         (4) Any dispute as to the proper amount or type of costs 
135  shall be resolved by the court by the preponderance of the 
136  evidence. The burden of demonstrating the amount of costs 
137  incurred is on the state attorney. The burden of demonstrating 
138  the financial resources of the defendant and the financial needs 
139  of the defendant is on the defendant. The burden of 
140  demonstrating such other matters as the court deems appropriate 
141  is upon the party designated by the court as justice requires. 
142         (5) Any default in payment of costs may be collected by any 
143  means authorized by law for enforcement of a judgment. 
144         (6) The clerk of the court shall collect and dispense cost 
145  payments in any case. 
146         (7) Investigative costs that are recovered shall be 
147  returned to the appropriate investigative agency that incurred 
148  the expense. Such costs include actual expenses incurred in 
149  conducting the investigation and prosecution of the criminal 
150  case; however, costs may also include the salaries of permanent 
151  employees. Any investigative costs recovered on behalf of a 
152  state agency must be remitted to the Department of Revenue for 
153  deposit in the agency operating trust fund, and a report of the 
154  payment must be sent to the agency, except that any 
155  investigative costs recovered on behalf of the Department of Law 
156  Enforcement shall be deposited in the department’s Forfeiture 
157  and Investigative Support Trust Fund under s. 943.362. 
158         (8) Costs for the state attorney shall be set in all cases 
159  at no less than $50 per case when a misdemeanor or criminal 
160  traffic offense is charged and no less than $100 per case when a 
161  felony offense is charged, including a proceeding in which the 
162  underlying offense is a violation of probation or community 
163  control. The court may set a higher amount upon a showing of 
164  sufficient proof of higher costs incurred. Costs recovered on 
165  behalf of the state attorney under this section shall be 
166  deposited into the state attorney’s grants and donations trust 
167  fund to be used during the fiscal year in which the funds are 
168  collected, or in any subsequent fiscal year, for actual expenses 
169  incurred in investigating and prosecuting criminal cases, which 
170  may include the salaries of permanent employees, or for any 
171  other purpose authorized by the Legislature. 
172         Section 6. Subsection (4) of section 985.557, Florida 
173  Statutes, is repealed. 
174         Section 7. Subsection (5) of section 775.0843, Florida 
175  Statutes, is amended to read: 
176         775.0843 Policies to be adopted for career criminal cases.— 
177         (5) Each career criminal apprehension program shall 
178  concentrate on the identification and arrest of career criminals 
179  and the support of subsequent prosecution. The determination of 
180  which suspected felony offenders shall be the subject of career 
181  criminal apprehension efforts shall be made in accordance with 
182  written target selection criteria selected by the individual law 
183  enforcement agency and state attorney consistent with the 
184  provisions of this section and s. ss. 775.08401 and 775.0842. 
185         Section 8. This act shall take effect July 1, 2010.