Bill Amendment: FL S0288 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Costs of Prosecution, Investigation, and Representation

Status: 2013-04-29 - Laid on Table, companion bill(s) passed, see CS/HB 311 (Ch. 2013-112) [S0288 Detail]

Download: Florida-2013-S0288-Judiciary_Committee_Substitute_Amendment_Delete_All_385872_to_Amendment_700548.html

---

       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 288
       
       
       
       
       
       
                                Barcode 385872                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Substitute for Amendment (700548) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 903.286, Florida Statutes, is amended to
    7  read:
    8         903.286 Return of cash bond; requirement to withhold unpaid
    9  fines, fees, court costs; cash bond forms.—
   10         (1) Notwithstanding s. 903.31(2), the clerk of the court
   11  shall withhold from the return of a cash bond posted on behalf
   12  of a criminal defendant by a person other than a bail bond agent
   13  licensed pursuant to chapter 648 sufficient funds to pay any
   14  unpaid costs of prosecution, costs of representation as provided
   15  by ss. 27.52 and 938.29, court fees, court costs, and criminal
   16  penalties. If sufficient funds are not available to pay all
   17  unpaid costs of prosecution, costs of representation as provided
   18  by ss. 27.52 and 938.29, court fees, court costs, and criminal
   19  penalties, the clerk of the court shall immediately obtain
   20  payment from the defendant or enroll the defendant in a payment
   21  plan pursuant to s. 28.246.
   22         (2) All cash bond forms used in conjunction with the
   23  requirements of s. 903.09 must prominently display a notice
   24  explaining that all funds are subject to forfeiture and
   25  withholding by the clerk of the court for the payment of costs
   26  of prosecution, costs of representation as provided by ss. 27.52
   27  and 938.29, court fees, court costs, and criminal penalties on
   28  behalf of the criminal defendant regardless of who posted the
   29  funds.
   30         Section 2. Section 938.27, Florida Statutes, is amended to
   31  read:
   32         938.27 Judgment for costs of prosecution and investigation
   33  on conviction.—
   34         (1) In all criminal and violation-of-probation or
   35  community-control cases, convicted persons are liable for
   36  payment of the costs of prosecution, including investigative
   37  costs incurred by law enforcement agencies, by fire departments
   38  for arson investigations, and by investigations of the
   39  Department of Financial Services or the Office of Financial
   40  Regulation of the Financial Services Commission, if requested by
   41  such agencies. The court shall include these costs in every
   42  judgment rendered against the convicted person. For purposes of
   43  this section, “convicted” means a determination of guilt, or of
   44  violation of probation or community control, which is a result
   45  of a plea, trial, or violation proceeding, regardless of whether
   46  adjudication is withheld.
   47         (2)(a) The court shall impose the costs of prosecution and
   48  investigation notwithstanding the defendant’s present ability to
   49  pay. The court shall require the defendant to pay the costs
   50  within a specified period or pursuant to a payment plan under s.
   51  28.246(4).
   52         (b) The end of such period or the last such installment
   53  must not be later than:
   54         1. The end of the period of probation or community control,
   55  if probation or community control is ordered;
   56         2. Five years after the end of the term of imprisonment
   57  imposed, if the court does not order probation or community
   58  control; or
   59         3. Five years after the date of sentencing in any other
   60  case.
   61  
   62  However, the obligation to pay any unpaid amounts does not
   63  expire if not paid in full within the period specified in this
   64  paragraph.
   65         (c) If not otherwise provided by the court under this
   66  section, costs must shall be paid immediately.
   67         (3) If a defendant is placed on probation or community
   68  control, payment of any costs under this section shall be a
   69  condition of such probation or community control. The court may
   70  revoke probation or community control if the defendant fails to
   71  pay these costs.
   72         (4) Any dispute as to the proper amount or type of costs
   73  shall be resolved by the court by the preponderance of the
   74  evidence. The burden of demonstrating the amount of costs
   75  incurred is on the state attorney. The burden of demonstrating
   76  the financial resources of the defendant and the financial needs
   77  of the defendant is on the defendant. The burden of
   78  demonstrating such other matters as the court deems appropriate
   79  is upon the party designated by the court as justice requires.
   80         (5) Any default in payment of costs may be collected by any
   81  means authorized by law for enforcement of a judgment.
   82         (6) The clerk of the court shall collect and dispense cost
   83  payments in any case, regardless of whether the disposition of
   84  the case takes place before the judge in open court or in any
   85  other manner provided by law.
   86         (7) Investigative costs that are recovered must shall be
   87  returned to the appropriate investigative agency that incurred
   88  the expense. Such costs include actual expenses incurred in
   89  conducting the investigation and prosecution of the criminal
   90  case; however, costs may also include the salaries of permanent
   91  employees. Any investigative costs recovered on behalf of a
   92  state agency must be remitted to the Department of Revenue for
   93  deposit in the agency operating trust fund, and a report of the
   94  payment must be sent to the agency, except that any
   95  investigative costs recovered on behalf of the Department of Law
   96  Enforcement must shall be deposited in the department’s
   97  Forfeiture and Investigative Support Trust Fund under s.
   98  943.362.
   99         (8) Costs for the state attorney must shall be set in all
  100  cases at no less than $50 per case when a misdemeanor or
  101  criminal traffic offense is charged and no less than $100 per
  102  case when a felony offense is charged, including a proceeding in
  103  which the underlying offense is a violation of probation or
  104  community control. The court may set a higher amount upon a
  105  showing of sufficient proof of higher costs incurred. Costs
  106  recovered on behalf of the state attorney under this section
  107  must shall be deposited into the State Attorneys Revenue Trust
  108  Fund to be used during the fiscal year in which the funds are
  109  collected, or in any subsequent fiscal year, for actual expenses
  110  incurred in investigating and prosecuting criminal cases, which
  111  may include the salaries of permanent employees, or for any
  112  other purpose authorized by the Legislature.
  113         Section 3. Section 985.032, Florida Statutes, is amended to
  114  read:
  115         985.032 Legal representation for delinquency cases.—
  116         (1) For cases arising under this chapter, the state
  117  attorney shall represent the state.
  118         (2) A juvenile who has been adjudicated delinquent or has
  119  adjudication of delinquency withheld shall be assessed costs of
  120  prosecution as provided in s. 938.27.
  121         Section 4. Paragraph (d) is added to subsection (1) of
  122  section 985.455, Florida Statutes, to read:
  123         985.455 Other dispositional issues.—
  124         (1) The court that has jurisdiction over an adjudicated
  125  delinquent child may, by an order stating the facts upon which a
  126  determination of a sanction and rehabilitative program was made
  127  at the disposition hearing:
  128         (d) Order the child, upon a determination of the child’s
  129  inability to pay, to perform community service in lieu of all
  130  court costs assessed against the delinquent child, including
  131  costs of prosecution, public defender application fees, and
  132  costs of representation.
  133         Section 5. This act shall take effect July 1, 2013.
  134  
  135  ================= T I T L E  A M E N D M E N T ================
  136         And the title is amended as follows:
  137         Delete everything before the enacting clause
  138  and insert:
  139                        A bill to be entitled                      
  140         An act relating to costs of prosecution,
  141         investigation, and representation; amending s.
  142         903.286, F.S.; providing for the withholding of unpaid
  143         costs of prosecution and representation from the
  144         return of a cash bond posted on behalf of a criminal
  145         defendant; requiring a notice on bond forms of such
  146         possible withholding; amending s. 938.27, F.S.;
  147         clarifying the types of cases that are subject to the
  148         collection and dispensing of cost payments by the
  149         clerk of the court; amending s. 985.032, F.S.;
  150         providing for assessment of costs of prosecution
  151         against a juvenile who has been adjudicated delinquent
  152         or has adjudication of delinquency withheld; amending
  153         s. 985.455, F.S.; providing that a child adjudicated
  154         delinquent may perform community service in lieu of
  155         certain costs and fees; providing an effective date.