Bill Text: FL H0135 | 2012 | Regular Session | Comm Sub

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-Comm_Sub.html

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CS/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; clarifying the types of
12	cases that are subject to the collection and
13	dispensing of cost payments by the clerk of the court;
14	amending s. 938.29, F.S.; providing liability for
15	attorney's fees and costs for persons whose cases are
16	disposed of under specified provisions; amending s.
17	985.032, F.S.; providing for assessment of costs of
18	prosecution against a juvenile who has been
19	adjudicated delinquent or has adjudication of
20	delinquency withheld; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 903.286, Florida Statutes, is amended
25	to read:
26	903.286  Return of cash bond; requirement to withhold
27	unpaid fines, fees, court costs; cash bond forms.-
28	(1)  Notwithstanding s. 903.31(2), the clerk of the court
29	shall withhold from the return of a cash bond posted on behalf
30	of a criminal defendant by a person other than a bail bond agent
31	licensed pursuant to chapter 648 sufficient funds to pay any
32	unpaid costs of prosecution, costs of representation as provided
33	by s. 27.52, court fees, court costs, and criminal penalties. If
34	sufficient funds are not available to pay all unpaid costs of
35	prosecution, costs of representation as provided by s. 27.52,
36	court fees, court costs, and criminal penalties, the clerk of
37	the court shall immediately obtain payment from the defendant or
38	enroll the defendant in a payment plan pursuant to s. 28.246.
39	(2)  All cash bond forms used in conjunction with the
40	requirements of s. 903.09 must prominently display a notice
41	explaining that all funds are subject to forfeiture and
42	withholding by the clerk of the court for the payment of costs
43	of prosecution, costs of representation as provided by s. 27.52,
44	court fees, court costs, and criminal penalties on behalf of the
45	criminal defendant regardless of who posted the funds.
46	Section 2.  Subsections (1) and (6) of section 938.27,
47	Florida Statutes, are amended to read:
48	938.27  Judgment for costs of prosecution and investigation
49	on conviction.-
50	(1)  In all criminal and violation-of-probation or
51	community-control cases, convicted persons and persons whose
52	cases are disposed of pursuant to s. 948.08(6)(c) or s.
53	948.16(2) are liable for payment of the costs of prosecution,
54	including investigative costs incurred by law enforcement
55	agencies, by fire departments for arson investigations, and by
56	investigations of the Department of Financial Services or the
57	Office of Financial Regulation of the Financial Services
58	Commission, if requested by such agencies. The court shall
59	include these costs in every judgment rendered against the
60	convicted person. For purposes of this section, "convicted"
61	means a determination of guilt, or of violation of probation or
62	community control, which is a result of a plea, trial, or
63	violation proceeding, regardless of whether adjudication is
64	withheld.
65	(6)  The clerk of the court shall collect and dispense cost
66	payments in any case regardless of whether the disposition of
67	the case takes place before the judge in open court or in any
68	other manner provided by law.
69	Section 3.  Paragraph (a) of subsection (1) of section
70	938.29, Florida Statutes, is amended to read:
71	938.29  Legal assistance; lien for payment of attorney's
72	fees or costs.-
73	(1)(a)  A defendant who is convicted of a criminal act or a
74	violation of probation or community control or whose case is
75	disposed of pursuant to s. 948.08(6)(c) or s. 948.16(2) and who
76	has received the assistance of the public defender's office, a
77	special assistant public defender, the office of criminal
78	conflict and civil regional counsel, or a private conflict
79	attorney, or who has received due process services after being
80	found indigent for costs under s. 27.52, shall be liable for
81	payment of the assessed application fee under s. 27.52 and
82	attorney's fees and costs. Attorney's fees and costs shall be
83	set in all cases at no less than $50 per case when a misdemeanor
84	or criminal traffic offense is charged and no less than $100 per
85	case when a felony offense is charged, including a proceeding in
86	which the underlying offense is a violation of probation or
87	community control. The court may set a higher amount upon a
88	showing of sufficient proof of higher fees or costs incurred.
89	For purposes of this section, "convicted" means a determination
90	of guilt, or of violation of probation or community control,
91	which is a result of a plea, trial, or violation proceeding,
92	regardless of whether adjudication is withheld. The court shall
93	include these fees and costs in every judgment rendered against
94	the convicted person.
95	Section 4.  Section 985.032, Florida Statutes, is amended
96	to read:
97	985.032  Legal representation for delinquency cases.-
98	(1)  For cases arising under this chapter, the state
99	attorney shall represent the state.
100	(2)  A juvenile who has been adjudicated delinquent or has
101	adjudication of delinquency withheld shall be assessed costs of
102	prosecution as provided in s. 938.27.
103	Section 5.  This act shall take effect July 1, 2012.

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