Bill Text: FL S1330 | 2023 | Regular Session | Introduced

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Bill Title: Costs of Prosecution and Investigation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Judiciary [S1330 Detail]

Download: Florida-2023-S1330-Introduced.html

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       Florida Senate - 2023                                    SB 1330
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01162-23                                           20231330__
    1                        A bill to be entitled                      
    2         An act relating to costs of prosecution and
    3         investigation; amending ss. 938.27 and 938.29, F.S.;
    4         increasing minimum attorney fees and costs in certain
    5         cases; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (8) of section 938.27, Florida
   10  Statutes, is amended to read:
   11         938.27 Judgment for costs of prosecution and
   12  investigation.—
   13         (8) Costs for the state attorney must be set in all cases
   14  at no less than $100 $50 per case when a misdemeanor or criminal
   15  traffic offense is charged and no less than $200 $100 per case
   16  when a felony offense is charged, including a proceeding in
   17  which the underlying offense is a violation of probation or
   18  community control. The court may set a higher amount upon a
   19  showing of sufficient proof of higher costs incurred. Costs
   20  recovered on behalf of the state attorney under this section
   21  must be deposited into the State Attorneys Revenue Trust Fund to
   22  be used during the fiscal year in which the funds are collected,
   23  or in any subsequent fiscal year, for actual expenses incurred
   24  in investigating and prosecuting criminal cases, which may
   25  include the salaries of permanent employees, or for any other
   26  purpose authorized by the Legislature.
   27         Section 2. Paragraph (a) of subsection (1) of section
   28  938.29, Florida Statutes, is amended to read:
   29         938.29 Legal assistance; lien for payment of attorney’s
   30  fees or costs.—
   31         (1)(a) A defendant who is convicted of a criminal act or a
   32  violation of probation or community control and who has received
   33  the assistance of the public defender’s office, a special
   34  assistant public defender, the office of criminal conflict and
   35  civil regional counsel, or a private conflict attorney, or who
   36  has received due process services after being found indigent for
   37  costs under s. 27.52, shall be liable for payment of the
   38  assessed application fee under s. 27.52 and attorney attorney’s
   39  fees and costs. Attorney Attorney’s fees and costs must shall be
   40  set in all cases at no less than $100 $50 per case when a
   41  misdemeanor or criminal traffic offense is charged and no less
   42  than $200 $100 per case when a felony offense is charged,
   43  including a proceeding in which the underlying offense is a
   44  violation of probation or community control. The court may set a
   45  higher amount upon a showing of sufficient proof of higher fees
   46  or costs incurred. For purposes of this section, “convicted”
   47  means a determination of guilt, or of violation of probation or
   48  community control, which is a result of a plea, trial, or
   49  violation proceeding, regardless of whether adjudication is
   50  withheld. The court shall include these fees and costs in every
   51  judgment rendered against the convicted person.
   52         Section 3. This act shall take effect July 1, 2023.