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 CS for SB 296 
 
By the Committees on Criminal and Civil Justice Appropriations; 
Judiciary; and Criminal Justice; and Senator Wise 
604-05201-10                                           2010296c3 
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. 938.27, F.S.; deleting 
20         provisions regarding the burden of establishing 
21         financial resources of the defendant; repealing s. 
22         985.557(4), F.S., relating to direct-file policies and 
23         guidelines for juveniles; amending s. 775.0843, F.S.; 
24         conforming a cross-reference; providing an effective 
25         date. 
26 
27  Be It Enacted by the Legislature of the State of Florida: 
28 
29         Section 1. Section 27.366, Florida Statutes, is amended to 
30  read: 
31         27.366 Legislative intent and policy in cases meeting 
32  criteria of s. 775.087(2) and (3); report.— 
33         (1) It is the intent of the Legislature that convicted 
34  criminal offenders who meet the criteria in s. 775.087(2) and 
35  (3) be sentenced to the minimum mandatory prison terms provided 
36  herein. It is the intent of the Legislature to establish zero 
37  tolerance of criminals who use, threaten to use, or avail 
38  themselves of firearms in order to commit crimes and thereby 
39  demonstrate their lack of value for human life. It is also the 
40  intent of the Legislature that prosecutors should appropriately 
41  exercise their discretion in those cases in which the offenders’ 
42  possession of the firearm is incidental to the commission of a 
43  crime and not used in furtherance of the crime, used in order to 
44  commit the crime, or used in preparation to commit the crime. 
45  For every case in which the offender meets the criteria in this 
46  act and does not receive the mandatory minimum prison sentence, 
47  the state attorney must explain the sentencing deviation in 
48  writing and place such explanation in the case file maintained 
49  by the state attorney. On a quarterly basis, each state attorney 
50  shall submit copies of deviation memoranda regarding offenses 
51  committed on or after the effective date of this act to the 
52  President of the Florida Prosecuting Attorneys Association, Inc. 
53  The association must maintain such information and make such 
54  information available to the public upon request for at least a 
55  10-year period. 
56         (2) Effective July 1, 2000, each state attorney shall 
57  annually report to the Speaker of the House of Representatives, 
58  the President of the Senate, and the Executive Office of the 
59  Governor regarding the prosecution and sentencing of offenders 
60  who met the criteria in s. 775.087(2) and (3). The report must 
61  categorize the defendants by age, gender, race, and ethnicity. 
62  Cases in which a final disposition has not yet been reached 
63  shall be reported in a subsequent annual report. 
64         Section 2. Paragraph (d) of subsection (9) of section 
65  775.082, Florida Statutes, is amended to read: 
66         775.082 Penalties; applicability of sentencing structures; 
67  mandatory minimum sentences for certain reoffenders previously 
68  released from prison.— 
69         (9) 
70         (d)1. It is the intent of the Legislature that offenders 
71  previously released from prison who meet the criteria in 
72  paragraph (a) be punished to the fullest extent of the law and 
73  as provided in this subsection, unless the state attorney 
74  determines that extenuating circumstances exist which preclude 
75  the just prosecution of the offender, including whether the 
76  victim recommends that the offender not be sentenced as provided 
77  in this subsection. 
78         2. For every case in which the offender meets the criteria 
79  in paragraph (a) and does not receive the mandatory minimum 
80  prison sentence, the state attorney must explain the sentencing 
81  deviation in writing and place such explanation in the case file 
82  maintained by the state attorney. On an annual basis, each state 
83  attorney shall submit copies of deviation memoranda regarding 
84  offenses committed on or after the effective date of this 
85  subsection, to the president of the Florida Prosecuting 
86  Attorneys Association, Inc. The association must maintain such 
87  information, and make such information available to the public 
88  upon request, for at least a 10-year period. 
89         Section 3. Section 775.08401, Florida Statutes, is 
90  repealed. 
91         Section 4. Subsection (5) of section 775.087, Florida 
92  Statutes, is repealed. 
93         Section 5. Section 938.27, Florida Statutes, is amended to 
94  read: 
95         938.27 Judgment for costs on conviction.— 
96         (1) In all criminal and violation-of-probation or 
97  community-control cases, convicted persons are liable for 
98  payment of the costs of prosecution, including investigative 
99  costs incurred by law enforcement agencies, by fire departments 
100  for arson investigations, and by investigations of the 
101  Department of Financial Services or the Office of Financial 
102  Regulation of the Financial Services Commission, if requested by 
103  such agencies. The court shall include these costs in every 
104  judgment rendered against the convicted person. For purposes of 
105  this section, “convicted” means a determination of guilt, or of 
106  violation of probation or community control, which is a result 
107  of a plea, trial, or violation proceeding, regardless of whether 
108  adjudication is withheld. 
109         (2)(a) The court shall impose the costs of prosecution and 
110  investigation notwithstanding the defendant’s present ability to 
111  pay. The court shall require the defendant to pay the costs 
112  within a specified period or in specified installments. 
113         (b) The end of such period or the last such installment 
114  shall not be later than: 
115         1. The end of the period of probation or community control, 
116  if probation or community control is ordered; 
117         2. Five years after the end of the term of imprisonment 
118  imposed, if the court does not order probation or community 
119  control; or 
120         3. Five years after the date of sentencing in any other 
121  case. 
122 
123  However, in no event shall the obligation to pay any unpaid 
124  amounts expire if not paid in full within the period specified 
125  in this paragraph. 
126         (c) If not otherwise provided by the court under this 
127  section, costs shall be paid immediately. 
128         (3) If a defendant is placed on probation or community 
129  control, payment of any costs under this section shall be a 
130  condition of such probation or community control. The court may 
131  revoke probation or community control if the defendant fails to 
132  pay these costs. 
133         (4) Any dispute as to the proper amount or type of costs 
134  shall be resolved by the court by the preponderance of the 
135  evidence. The burden of demonstrating the amount of costs 
136  incurred is on the state attorney. The burden of demonstrating 
137  the financial resources of the defendant and the financial needs 
138  of the defendant is on the defendant. The burden of 
139  demonstrating such other matters as the court deems appropriate 
140  is upon the party designated by the court as justice requires. 
141         (5) Any default in payment of costs may be collected by any 
142  means authorized by law for enforcement of a judgment. 
143         (6) The clerk of the court shall collect and dispense cost 
144  payments in any case. 
145         (7) Investigative costs that are recovered shall be 
146  returned to the appropriate investigative agency that incurred 
147  the expense. Such costs include actual expenses incurred in 
148  conducting the investigation and prosecution of the criminal 
149  case; however, costs may also include the salaries of permanent 
150  employees. Any investigative costs recovered on behalf of a 
151  state agency must be remitted to the Department of Revenue for 
152  deposit in the agency operating trust fund, and a report of the 
153  payment must be sent to the agency, except that any 
154  investigative costs recovered on behalf of the Department of Law 
155  Enforcement shall be deposited in the department’s Forfeiture 
156  and Investigative Support Trust Fund under s. 943.362. 
157         (8) Costs for the state attorney shall be set in all cases 
158  at no less than $50 per case when a misdemeanor or criminal 
159  traffic offense is charged and no less than $100 per case when a 
160  felony offense is charged, including a proceeding in which the 
161  underlying offense is a violation of probation or community 
162  control. The court may set a higher amount upon a showing of 
163  sufficient proof of higher costs incurred. Costs recovered on 
164  behalf of the state attorney under this section shall be 
165  deposited into the state attorney’s grants and donations trust 
166  fund to be used during the fiscal year in which the funds are 
167  collected, or in any subsequent fiscal year, for actual expenses 
168  incurred in investigating and prosecuting criminal cases, which 
169  may include the salaries of permanent employees, or for any 
170  other purpose authorized by the Legislature. 
171         Section 6. Subsection (4) of section 985.557, Florida 
172  Statutes, is repealed. 
173         Section 7. Subsection (5) of section 775.0843, Florida 
174  Statutes, is amended to read: 
175         775.0843 Policies to be adopted for career criminal cases.— 
176         (5) Each career criminal apprehension program shall 
177  concentrate on the identification and arrest of career criminals 
178  and the support of subsequent prosecution. The determination of 
179  which suspected felony offenders shall be the subject of career 
180  criminal apprehension efforts shall be made in accordance with 
181  written target selection criteria selected by the individual law 
182  enforcement agency and state attorney consistent with the 
183  provisions of this section and s. ss. 775.08401 and 775.0842. 
184         Section 8. This act shall take effect July 1, 2010.