Bill Text: FL S0296 | 2010 | Regular Session | Comm Sub

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

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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-Comm_Sub.html

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Florida Senate - 2010                       CS for CS for SB 296 
 
By the Committees on Judiciary; and Criminal Justice; and 
Senator Wise 
590-02747-10                                           2010296c2 
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 report why a case-qualified 
5         defendant did not receive the mandatory minimum prison 
6         sentence in cases involving the possession or use of a 
7         weapon; amending s. 775.082, F.S.; deleting a 
8         provision that requires each state attorney to report 
9         why a case-qualified defendant did not receive the 
10         mandatory minimum prison sentence in cases involving 
11         certain specified offenses; repealing s. 775.08401, 
12         F.S., relating to criteria to be used when state 
13         attorneys decide to pursue habitual felony offenders 
14         or habitual violent felony offenders; repealing s. 
15         775.087(5), F.S., relating to a provision that 
16         requires each state attorney to report why a case 
17         qualified defendant did not receive the mandatory 
18         minimum prison sentence in cases involving certain 
19         specified offenses; amending s. 903.286, F.S.; 
20         requiring the clerk of the court to withhold 
21         sufficient funds to pay any unpaid costs of 
22         prosecution from the return of a cash bond posted on 
23         behalf of a criminal defendant by a person other than 
24         a bail bond agent; amending s. 938.27, F.S.; deleting 
25         provisions regarding the burden of establishing 
26         financial resources of the defendant; requiring the 
27         clerk of court to separately record each assessment 
28         and payment of costs of prosecution; requiring the 
29         clerk to prepare a monthly report to the state 
30         attorney’s office of the recorded assessments and 
31         payments; repealing s. 985.557(4), F.S., relating to 
32         direct-file policies and guidelines for juveniles; 
33         amending s. 775.0843, F.S.; conforming a cross 
34         reference; providing an effective date. 
35 
36  Be It Enacted by the Legislature of the State of Florida: 
37 
38         Section 1. Section 27.366, Florida Statutes, is amended to 
39  read: 
40         27.366 Legislative intent and policy in cases meeting 
41  criteria of s. 775.087(2) and (3); report.— 
42         (1) It is the intent of the Legislature that convicted 
43  criminal offenders who meet the criteria in s. 775.087(2) and 
44  (3) be sentenced to the minimum mandatory prison terms provided 
45  herein. It is the intent of the Legislature to establish zero 
46  tolerance of criminals who use, threaten to use, or avail 
47  themselves of firearms in order to commit crimes and thereby 
48  demonstrate their lack of value for human life. It is also the 
49  intent of the Legislature that prosecutors should appropriately 
50  exercise their discretion in those cases in which the offenders’ 
51  possession of the firearm is incidental to the commission of a 
52  crime and not used in furtherance of the crime, used in order to 
53  commit the crime, or used in preparation to commit the crime. 
54  For every case in which the offender meets the criteria in this 
55  act and does not receive the mandatory minimum prison sentence, 
56  the state attorney must explain the sentencing deviation in 
57  writing and place such explanation in the case file maintained 
58  by the state attorney. On a quarterly basis, each state attorney 
59  shall submit copies of deviation memoranda regarding offenses 
60  committed on or after the effective date of this act to the 
61  President of the Florida Prosecuting Attorneys Association, Inc. 
62  The association must maintain such information and make such 
63  information available to the public upon request for at least a 
64  10-year period. 
65         (2) Effective July 1, 2000, each state attorney shall 
66  annually report to the Speaker of the House of Representatives, 
67  the President of the Senate, and the Executive Office of the 
68  Governor regarding the prosecution and sentencing of offenders 
69  who met the criteria in s. 775.087(2) and (3). The report must 
70  categorize the defendants by age, gender, race, and ethnicity. 
71  Cases in which a final disposition has not yet been reached 
72  shall be reported in a subsequent annual report. 
73         Section 2. Paragraph (d) of subsection (9) of section 
74  775.082, Florida Statutes, is amended to read: 
75         775.082 Penalties; applicability of sentencing structures; 
76  mandatory minimum sentences for certain reoffenders previously 
77  released from prison.— 
78         (9) 
79         (d)1. It is the intent of the Legislature that offenders 
80  previously released from prison who meet the criteria in 
81  paragraph (a) be punished to the fullest extent of the law and 
82  as provided in this subsection, unless the state attorney 
83  determines that extenuating circumstances exist which preclude 
84  the just prosecution of the offender, including whether the 
85  victim recommends that the offender not be sentenced as provided 
86  in this subsection. 
87         2. For every case in which the offender meets the criteria 
88  in paragraph (a) and does not receive the mandatory minimum 
89  prison sentence, the state attorney must explain the sentencing 
90  deviation in writing and place such explanation in the case file 
91  maintained by the state attorney. On an annual basis, each state 
92  attorney shall submit copies of deviation memoranda regarding 
93  offenses committed on or after the effective date of this 
94  subsection, to the president of the Florida Prosecuting 
95  Attorneys Association, Inc. The association must maintain such 
96  information, and make such information available to the public 
97  upon request, for at least a 10-year period. 
98         Section 3. Section 775.08401, Florida Statutes, is 
99  repealed. 
100         Section 4. Subsection (5) of section 775.087, Florida 
101  Statutes, is repealed. 
102         Section 5. Subsection (1) of section 903.286, Florida 
103  Statutes, is amended to read: 
104         903.286 Return of cash bond; requirement to withhold unpaid 
105  fines, fees, court costs; cash bond forms.— 
106         (1) Notwithstanding s. 903.31(2), the clerk of the court 
107  shall withhold from the return of a cash bond posted on behalf 
108  of a criminal defendant by a person other than a bail bond agent 
109  licensed pursuant to chapter 648 sufficient funds to pay any 
110  unpaid court fees, court costs, costs of prosecution, and 
111  criminal penalties. If sufficient funds are not available to pay 
112  all unpaid court fees, court costs, costs of prosecution, and 
113  criminal penalties, the clerk of the court shall immediately 
114  obtain payment from the defendant or enroll the defendant in a 
115  payment plan pursuant to s. 28.246. 
116         Section 6. Section 938.27, Florida Statutes, is amended to 
117  read: 
118         938.27 Judgment for costs on conviction.— 
119         (1) In all criminal and violation-of-probation or 
120  community-control cases, convicted persons are liable for 
121  payment of the costs of prosecution, including investigative 
122  costs incurred by law enforcement agencies, by fire departments 
123  for arson investigations, and by investigations of the 
124  Department of Financial Services or the Office of Financial 
125  Regulation of the Financial Services Commission, if requested by 
126  such agencies. The court shall include these costs in every 
127  judgment rendered against the convicted person. For purposes of 
128  this section, “convicted” means a determination of guilt, or of 
129  violation of probation or community control, which is a result 
130  of a plea, trial, or violation proceeding, regardless of whether 
131  adjudication is withheld. 
132         (2)(a) The court shall impose the costs of prosecution and 
133  investigation notwithstanding the defendant’s present ability to 
134  pay. The court shall require the defendant to pay the costs 
135  within a specified period or in specified installments. 
136         (b) The end of such period or the last such installment 
137  shall not be later than: 
138         1. The end of the period of probation or community control, 
139  if probation or community control is ordered; 
140         2. Five years after the end of the term of imprisonment 
141  imposed, if the court does not order probation or community 
142  control; or 
143         3. Five years after the date of sentencing in any other 
144  case. 
145 
146  However, in no event shall the obligation to pay any unpaid 
147  amounts expire if not paid in full within the period specified 
148  in this paragraph. 
149         (c) If not otherwise provided by the court under this 
150  section, costs shall be paid immediately. 
151         (3) If a defendant is placed on probation or community 
152  control, payment of any costs under this section shall be a 
153  condition of such probation or community control. The court may 
154  revoke probation or community control if the defendant fails to 
155  pay these costs. 
156         (4) Any dispute as to the proper amount or type of costs 
157  shall be resolved by the court by the preponderance of the 
158  evidence. The burden of demonstrating the amount of costs 
159  incurred is on the state attorney. The burden of demonstrating 
160  the financial resources of the defendant and the financial needs 
161  of the defendant is on the defendant. The burden of 
162  demonstrating such other matters as the court deems appropriate 
163  is upon the party designated by the court as justice requires. 
164         (5) Any default in payment of costs may be collected by any 
165  means authorized by law for enforcement of a judgment. 
166         (6) The clerk of the court shall collect and dispense cost 
167  payments in any case. The clerk of court shall separately record 
168  each assessment and the payment of costs of prosecution. Costs 
169  of prosecution must be assessed by the court with respect to 
170  each case number in which the court orders costs of prosecution. 
171  The clerk shall provide a monthly report to the state attorney’s 
172  office of the assessments and payments recorded. 
173         (7) Investigative costs that are recovered shall be 
174  returned to the appropriate investigative agency that incurred 
175  the expense. Such costs include actual expenses incurred in 
176  conducting the investigation and prosecution of the criminal 
177  case; however, costs may also include the salaries of permanent 
178  employees. Any investigative costs recovered on behalf of a 
179  state agency must be remitted to the Department of Revenue for 
180  deposit in the agency operating trust fund, and a report of the 
181  payment must be sent to the agency, except that any 
182  investigative costs recovered on behalf of the Department of Law 
183  Enforcement shall be deposited in the department’s Forfeiture 
184  and Investigative Support Trust Fund under s. 943.362. 
185         (8) Costs for the state attorney shall be set in all cases 
186  at no less than $50 per case when a misdemeanor or criminal 
187  traffic offense is charged and no less than $100 per case when a 
188  felony offense is charged, including a proceeding in which the 
189  underlying offense is a violation of probation or community 
190  control. The court may set a higher amount upon a showing of 
191  sufficient proof of higher costs incurred. Costs recovered on 
192  behalf of the state attorney under this section shall be 
193  deposited into the state attorney’s grants and donations trust 
194  fund to be used during the fiscal year in which the funds are 
195  collected, or in any subsequent fiscal year, for actual expenses 
196  incurred in investigating and prosecuting criminal cases, which 
197  may include the salaries of permanent employees, or for any 
198  other purpose authorized by the Legislature. 
199         Section 7. Subsection (4) of section 985.557, Florida 
200  Statutes, is repealed. 
201         Section 8. Subsection (5) of section 775.0843, Florida 
202  Statutes, is amended to read: 
203         775.0843 Policies to be adopted for career criminal cases.— 
204         (5) Each career criminal apprehension program shall 
205  concentrate on the identification and arrest of career criminals 
206  and the support of subsequent prosecution. The determination of 
207  which suspected felony offenders shall be the subject of career 
208  criminal apprehension efforts shall be made in accordance with 
209  written target selection criteria selected by the individual law 
210  enforcement agency and state attorney consistent with the 
211  provisions of this section and s. ss. 775.08401 and 775.0842. 
212         Section 9. This act shall take effect July 1, 2010.