Bill Text: FL S0296 | 2010 | Regular Session | Engrossed
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
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 attorney51shall submit copies of deviation memoranda regarding offenses52committed on or after the effective date of this act to the53President of the Florida Prosecuting Attorneys Association, Inc.54The association must maintain such information and make such55information available to the public upon request for at least a5610-year period.57(2)Effective July 1, 2000, each state attorney shall58annually report to the Speaker of the House of Representatives,59the President of the Senate, and the Executive Office of the60Governor regarding the prosecution and sentencing of offenders61who met the criteria in s.775.087(2) and (3). The report must62categorize the defendants by age, gender, race, and ethnicity.63Cases in which a final disposition has not yet been reached64shall 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 state84attorney shall submit copies of deviation memoranda regarding85offenses committed on or after the effective date of this86subsection, to the president of the Florida Prosecuting87Attorneys Association, Inc. The association must maintain such88information, and make such information available to the public89upon 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 by104such 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 demonstrating138the financial resources of the defendant and the financial needs139of the defendant is on the defendant. The burden of140demonstrating such other matters as the court deems appropriate141is 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.775.08401and775.0842. 185 Section 8. This act shall take effect July 1, 2010.