Bill Text: FL S0652 | 2018 | Regular Session | Introduced
Bill Title: Costs of Prosecution and Investigation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0652 Detail]
Download: Florida-2018-S0652-Introduced.html
Florida Senate - 2018 SB 652 By Senator Stargel 22-00296-18 2018652__ 1 A bill to be entitled 2 An act relating to costs of prosecution and 3 investigation; amending s. 938.27, F.S.; prohibiting 4 the inclusion in negotiated plea agreements of costs 5 for the state attorney which are greater than the 6 minimum allowed; reenacting s. 985.032(2), F.S., 7 relating to assessing costs of prosecution to a 8 juvenile, to incorporate the amendment made to s. 9 938.27, F.S., in a reference thereto; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Present subsections (2) through (8) of section 15 938.27, Florida Statutes, are redesignated as subsections (3) 16 through (9), respectively, a new subsection (2) is added to that 17 section, and present subsection (8) of that section is amended, 18 to read: 19 938.27 Judgment for costs of prosecution and 20 investigation.— 21 (2) Costs for the state attorney must be set in all cases 22 at no less than $50 per case when a misdemeanor or criminal 23 traffic offense is charged and no less than $100 per case when a 24 felony offense is charged, including a proceeding in which the 25 underlying offense is a violation of probation or community 26 control. The court may set a higher amount upon a showing of 27 sufficient proof of higher costs incurred, however, that amount 28 may not be included as part of a negotiated plea agreement 29 proffered to the court for consideration. 30 (9)(8)Costs for the state attorney must be set in all31cases at no less than $50 per case when a misdemeanor or32criminal traffic offense is charged and no less than $100 per33case when a felony offense is charged, including a proceeding in34which the underlying offense is a violation of probation or35community control. The court may set a higher amount upon a36showing of sufficient proof of higher costs incurred.Costs 37 recovered on behalf of the state attorney under this section 38 must be deposited into the State Attorneys Revenue Trust Fund to 39 be used during the fiscal year in which the funds are collected, 40 or in any subsequent fiscal year, for actual expenses incurred 41 in investigating and prosecuting criminal cases, which may 42 include the salaries of permanent employees, or for any other 43 purpose authorized by the Legislature. 44 Section 2. For the purpose of incorporating the amendment 45 made by this act to section 938.27, Florida Statutes, in a 46 reference thereto, subsection (2) of section 985.032, Florida 47 Statutes, is reenacted to read: 48 985.032 Legal representation for delinquency cases.— 49 (2) A juvenile who has been adjudicated delinquent or has 50 adjudication of delinquency withheld shall be assessed costs of 51 prosecution as provided in s. 938.27. 52 Section 3. This act shall take effect July 1, 2018.