Bill Text: FL H0135 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Costs of Prosecution, Investigation, and Representation

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2012-03-09 - Died in Criminal Justice [H0135 Detail]

Download: Florida-2012-H0135-Introduced.html

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HB 135

1	A bill to be entitled
2	An act relating to costs of prosecution,
3	investigation, and representation; amending s.
4	903.286, F.S.; providing for the withholding of unpaid
5	costs of prosecution and representation from the
6	return of a cash bond posted on behalf of a criminal
7	defendant; requiring a notice on bond forms of such
8	possible withholding; amending s. 938.27, F.S.;
9	providing liability for the cost of prosecution and
10	investigation for persons whose cases are disposed of
11	under specified provisions; requiring courts to impose
12	the costs of prosecution and investigation;
13	prohibiting the court from converting the costs of
14	prosecution and investigation to any form of community
15	service; clarifying the types of cases that are
16	subject to the collection and dispensing of cost
17	payments by the clerk of the court; amending s.
18	938.29, F.S.; providing liability for attorney's fees
19	and costs for persons whose cases are disposed of
20	under specified provisions; amending s. 985.032, F.S.;
21	providing for assessment of costs of prosecution
22	against a juvenile who has been adjudicated delinquent
23	or has adjudication of delinquency withheld; providing
24	an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 903.286, Florida Statutes, is amended
29	to read:
30	903.286  Return of cash bond; requirement to withhold
31	unpaid fines, fees, court costs; cash bond forms.-
32	(1)  Notwithstanding s. 903.31(2), the clerk of the court
33	shall withhold from the return of a cash bond posted on behalf
34	of a criminal defendant by a person other than a bail bond agent
35	licensed pursuant to chapter 648 sufficient funds to pay any
36	unpaid costs of prosecution, costs of representation as provided
37	by s. 27.52, court fees, court costs, and criminal penalties. If
38	sufficient funds are not available to pay all unpaid costs of
39	prosecution, costs of representation as provided by s. 27.52,
40	court fees, court costs, and criminal penalties, the clerk of
41	the court shall immediately obtain payment from the defendant or
42	enroll the defendant in a payment plan pursuant to s. 28.246.
43	(2)  All cash bond forms used in conjunction with the
44	requirements of s. 903.09 must prominently display a notice
45	explaining that all funds are subject to forfeiture and
46	withholding by the clerk of the court for the payment of costs
47	of prosecution, costs of representation as provided by s. 27.52,
48	court fees, court costs, and criminal penalties on behalf of the
49	criminal defendant regardless of who posted the funds.
50	Section 2.  Section 938.27, Florida Statutes, is amended to
51	read:
52	938.27  Judgment for costs of prosecution and investigation
53	on conviction.-
54	(1)  In all criminal and violation-of-probation or
55	community-control cases, convicted persons and persons whose
56	cases are disposed of pursuant to s. 948.08(6)(c) or s.
57	948.16(2) are liable for payment of the costs of prosecution,
58	including investigative costs incurred by law enforcement
59	agencies, by fire departments for arson investigations, and by
60	investigations of the Department of Financial Services or the
61	Office of Financial Regulation of the Financial Services
62	Commission, if requested by such agencies. The court shall
63	include these costs in every judgment rendered against the
64	convicted person. For purposes of this section, "convicted"
65	means a determination of guilt, or of violation of probation or
66	community control, which is a result of a plea, trial, or
67	violation proceeding, regardless of whether adjudication is
68	withheld.
69	(2)(a)  Notwithstanding any other law, court rule, or
70	administrative order, the court shall impose upon the defendant
71	the costs of prosecution and investigation. The costs of
72	prosecution and investigation may not be converted to any form
73	of court-ordered community service to be served in lieu of the
74	obligation to pay the costs of prosecution and investigation.
75	(b)(a)  The court shall impose the costs of prosecution and
76	investigation notwithstanding the defendant's present ability to
77	pay. The court shall require the defendant to pay the costs
78	within a specified period or in specified installments.
79	(c)(b)  The end of such period or the last such installment
80	shall not be later than:
81	1.  The end of the period of probation or community
82	control, if probation or community control is ordered;
83	2.  Five years after the end of the term of imprisonment
84	imposed, if the court does not order probation or community
85	control; or
86	3.  Five years after the date of sentencing in any other
87	case.
88
89	However, in no event shall the obligation to pay any unpaid
90	amounts expire if not paid in full within the period specified
91	in this paragraph.
92	(d)(c)  If not otherwise provided by the court under this
93	section, costs shall be paid immediately.
94	(3)  If a defendant is placed on probation or community
95	control, payment of any costs under this section shall be a
96	condition of such probation or community control. The court may
97	revoke probation or community control if the defendant fails to
98	pay these costs.
99	(4)  Any dispute as to the proper amount or type of costs
100	shall be resolved by the court by the preponderance of the
101	evidence. The burden of demonstrating the amount of costs
102	incurred is on the state attorney. The burden of demonstrating
103	the financial resources of the defendant and the financial needs
104	of the defendant is on the defendant. The burden of
105	demonstrating such other matters as the court deems appropriate
106	is upon the party designated by the court as justice requires.
107	(5)  Any default in payment of costs may be collected by
108	any means authorized by law for enforcement of a judgment.
109	(6)  The clerk of the court shall collect and dispense cost
110	payments in any case regardless of whether the disposition of
111	the case takes place before the judge in open court or in any
112	other manner provided by law.
113	(7)  Investigative costs that are recovered shall be
114	returned to the appropriate investigative agency that incurred
115	the expense. Such costs include actual expenses incurred in
116	conducting the investigation and prosecution of the criminal
117	case; however, costs may also include the salaries of permanent
118	employees. Any investigative costs recovered on behalf of a
119	state agency must be remitted to the Department of Revenue for
120	deposit in the agency operating trust fund, and a report of the
121	payment must be sent to the agency, except that any
122	investigative costs recovered on behalf of the Department of Law
123	Enforcement shall be deposited in the department's Forfeiture
124	and Investigative Support Trust Fund under s. 943.362.
125	(8)  Costs for the state attorney shall be set in all cases
126	at no less than $50 per case when a misdemeanor or criminal
127	traffic offense is charged and no less than $100 per case when a
128	felony offense is charged, including a proceeding in which the
129	underlying offense is a violation of probation or community
130	control. The court may set a higher amount upon a showing of
131	sufficient proof of higher costs incurred. Costs recovered on
132	behalf of the state attorney under this section shall be
133	deposited into the State Attorneys Revenue Trust Fund to be used
134	during the fiscal year in which the funds are collected, or in
135	any subsequent fiscal year, for actual expenses incurred in
136	investigating and prosecuting criminal cases, which may include
137	the salaries of permanent employees, or for any other purpose
138	authorized by the Legislature.
139	Section 3.  Paragraph (a) of subsection (1) of section
140	938.29, Florida Statutes, is amended to read:
141	938.29  Legal assistance; lien for payment of attorney's
142	fees or costs.-
143	(1)(a)  A defendant who is convicted of a criminal act or a
144	violation of probation or community control or whose case is
145	disposed of pursuant to s. 948.08(6)(c) or s. 948.16(2) and who
146	has received the assistance of the public defender's office, a
147	special assistant public defender, the office of criminal
148	conflict and civil regional counsel, or a private conflict
149	attorney, or who has received due process services after being
150	found indigent for costs under s. 27.52, shall be liable for
151	payment of the assessed application fee under s. 27.52 and
152	attorney's fees and costs. Attorney's fees and costs shall be
153	set in all cases at no less than $50 per case when a misdemeanor
154	or criminal traffic offense is charged and no less than $100 per
155	case when a felony offense is charged, including a proceeding in
156	which the underlying offense is a violation of probation or
157	community control. The court may set a higher amount upon a
158	showing of sufficient proof of higher fees or costs incurred.
159	For purposes of this section, "convicted" means a determination
160	of guilt, or of violation of probation or community control,
161	which is a result of a plea, trial, or violation proceeding,
162	regardless of whether adjudication is withheld. The court shall
163	include these fees and costs in every judgment rendered against
164	the convicted person.
165	Section 4.  Section 985.032, Florida Statutes, is amended
166	to read:
167	985.032  Legal representation for delinquency cases.-
168	(1)  For cases arising under this chapter, the state
169	attorney shall represent the state.
170	(2)  A juvenile who has been adjudicated delinquent or has
171	adjudication of delinquency withheld shall be assessed costs of
172	prosecution as provided in s. 938.27.
173	Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.