Bill Text: FL S1678 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reports Concerning Seized or Forfeited Property
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/HB 547 [S1678 Detail]
Download: Florida-2018-S1678-Comm_Sub.html
Bill Title: Reports Concerning Seized or Forfeited Property
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/HB 547 [S1678 Detail]
Download: Florida-2018-S1678-Comm_Sub.html
Florida Senate - 2018 CS for SB 1678
By the Committee on Criminal Justice; and Senator Stargel
591-03111-18 20181678c1
1 A bill to be entitled
2 An act relating to criminal justice; amending s.
3 20.315, F.S.; requiring the Department of Corrections
4 to include information in its annual report on inmate
5 admission based on offense type and recidivism rate;
6 creating s. 900.05, F.S.; providing legislative
7 intent; providing definitions; requiring specified
8 entities to collect and transmit specific data weekly
9 beginning on a certain date to the Department of Law
10 Enforcement; requiring the Department of Law
11 Enforcement to compile, maintain, and make publicly
12 accessible such data beginning on a certain date;
13 amending s. 907.043, F.S.; requiring each pretrial
14 release program to include in its annual report the
15 types of criminal charges of defendants accepted into
16 a pretrial release program, the number of defendants
17 accepted into a pretrial release program who paid a
18 bail or bond, the number of defendants accepted into a
19 pretrial release program with no prior criminal
20 conviction, and the number of defendants for whom a
21 pretrial risk assessment tool was used or was not
22 used; amending s. 921.0024, F.S.; requiring
23 scoresheets prepared for all criminal defendants to be
24 digitized; requiring the Department of Corrections to
25 develop and submit revised digitized scoresheets to
26 the Supreme Court for approval; requiring digitized
27 scoresheets to include individual data cells for each
28 field on the scoresheet; requiring the clerk of court
29 to electronically transmit the digitized scoresheet
30 used in each sentencing proceeding to the Department
31 of Corrections; amending s. 932.7061, F.S.; revising
32 the deadline for submitting an annual report by law
33 enforcement agencies concerning property seized or
34 forfeited under the Florida Contraband Forfeiture Act;
35 creating s. 943.687, F.S.; requiring the Department of
36 Law Enforcement to collect, compile, maintain, and
37 manage data collected pursuant to s. 900.05, F.S.;
38 requiring the Department of Law Enforcement to make
39 data comparable, transferable, and readily usable;
40 requiring the department to create a unique identifier
41 for each criminal case received from the clerks of
42 court; requiring the department to create and maintain
43 a certain Internet-based database; providing
44 requirements for data searchability and sharing;
45 requiring the department to establish certain rules;
46 requiring the department to monitor data collection
47 procedures and test data quality; providing for data
48 archiving, editing, retrieval, and verification;
49 creating s. 945.041, F.S.; requiring the Department of
50 Corrections to publish quarterly on its website inmate
51 admissions based on offense type and the recidivism
52 rate and rate of probation revocation within a
53 specified period after release from incarceration;
54 reenacting s. 932.7062, F.S., relating to a penalty
55 for noncompliance with reporting requirements, to
56 incorporate the amendment made to s. 932.7061, F.S.,
57 in a reference thereto; creating a pilot project in a
58 specified judicial circuit to improve criminal justice
59 data transparency and ensure data submitted under s.
60 900.05, F.S., is accurate, valid, reliable, and
61 structured; authorizing certain persons to enter into
62 a memorandum of understanding with a national,
63 nonpartisan, not-for-profit entity meeting certain
64 criteria for the purpose of embedding a data fellow in
65 the office or agency; establishing data fellow duties
66 and responsibilities; providing for the expiration of
67 the pilot project; providing an appropriation;
68 providing an effective date.
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. Subsection (5) of section 20.315, Florida
73 Statutes, is amended to read:
74 20.315 Department of Corrections.—There is created a
75 Department of Corrections.
76 (5) ANNUAL REPORTING.—The department shall report annually
77 to the Governor, the President of the Senate, and the Speaker of
78 the House of Representatives recounting its activities and
79 making recommendations for improvements to the performance of
80 the department. The annual report must include information
81 published under s. 945.041.
82 Section 2. Section 900.05, Florida Statutes, is created to
83 read:
84 900.05 Criminal justice data collection.—It is the intent
85 of the Legislature to create a model of uniform criminal justice
86 data collection by requiring local and state criminal justice
87 agencies to report complete, accurate, and timely data, and to
88 make such data available to the public.
89 (1) DEFINITIONS.—As used in this section, the term:
90 (a) “Admission date” means the date a defendant was
91 admitted to the Department of Corrections.
92 (b) “Admission type” means the underlying reason for which
93 a defendant is admitted to the Department of Corrections,
94 including a new conviction, probation violation, probation
95 violation based on a new offense, parole violation, or parole
96 violation based on a new offense.
97 (c) “Annual felony caseload” means the yearly adult
98 criminal felony caseload of each full-time state attorney and
99 assistant state attorney or public defender and assistant public
100 defender, based on the number of felony cases reported to the
101 Supreme Court under s. 25.075. The term does not include the
102 appellate caseload of a public defender or assistant public
103 defender.
104 (d) “Annual misdemeanor caseload” means the yearly adult
105 criminal misdemeanor caseload of each full-time state attorney
106 and assistant state attorney or public defender and assistant
107 public defender, based on the number of misdemeanor cases
108 reported to the Supreme Court under s. 25.075. The term does not
109 include the appellate caseload of a public defender or assistant
110 public defender.
111 (e) “Arraignment date or initial appearance” means the date
112 a defendant first appears before a judge to enter a plea.
113 (f) “Arrest date” means the date a defendant is taken into
114 physical custody by a law enforcement agency on a criminal
115 charge or is issued a notice to appear, or the date that a
116 charging document is filed by the state attorney’s office.
117 (g) “Attorney assignment date” means the date a court
118 appointed attorney is assigned to the case or, if privately
119 retained, the date an attorney files a notice of appearance with
120 the clerk of court.
121 (h) “Attorney withdrawal date” means the date the court
122 removes court-appointed counsel from a case or, for a privately
123 retained attorney, the date a motion to withdraw is granted by
124 the court.
125 (i) “Bail or bond hearing date” means the date a defendant
126 appears in court for bailor bond determination.
127 (j) “Bail or bond modification date” means the date a
128 hearing is held to consider a defendant’s bail or bond
129 conditions and the conditions are modified.
130 (k) “Bail or bond posting date” means the date a defendant
131 posts bail or bond.
132 (l) “Bail or bond revocation” means the date a court
133 revokes a defendant’s bail or bond.
134 (m) “Bail or bond setting date” means the date a court
135 confirms or orders bail or bond in a criminal case.
136 (n) “Booking date and reason” means the date that a
137 defendant is booked into a jail facility on a new charge or for
138 a probation violation pursuant to a bench warrant for a pretrial
139 release violation or pursuant to a warrant from another
140 jurisdiction.
141 (o) “Case number” means the identification number assigned
142 by the clerk of court to a criminal case.
143 (p) “Case status” means whether a case is open, closed,
144 reopened due to a probation violation, or inactive.
145 (q) “Cash bail or bond amount” means the monetary amount of
146 bail or bond imposed by a court.
147 (r) “Cash bail or bond payment” means whether or not a
148 defendant posted bail or bond.
149 (s) “Charge class severity” means the degree misdemeanor or
150 felony for each charged offense.
151 (t) “Charge description” means the statement of the charge
152 matched to the statutory section establishing the conduct as
153 criminal.
154 (u) “Charge disposition date” means the date of final
155 judgment, adjudication, adjudication withheld, dismissal, or
156 nolle prosequi of each charge.
157 (v) “Charge modifier” means an aggravating circumstance of
158 an alleged crime that enhances or modifies a charge to a more
159 serious offense level.
160 (w) “Charge sequence number” means the unique numerical
161 identifier for each charge in a case with multiple charges.
162 (x) “Charge statute” means the statute for each charge
163 which establishes the conduct as criminal.
164 (y) “Charge type” means whether the charge is a misdemeanor
165 or felony.
166 (z) “Committing county” means the county from which a
167 defendant was transported to the Department of Corrections.
168 (aa) “Concurrent or consecutive sentence flag” means an
169 indication that a defendant is serving another sentence
170 concurrently or consecutively in addition to the current
171 sentence.
172 (bb) “Court fees amount” means the amount of fees owed to
173 the clerk of court at disposition of the case.
174 (cc) “Court fees amount balance or payment to date” means
175 the amount a defendant paid toward outstanding court fees and
176 the remaining balance owed.
177 (dd) “Current institution and institution security level”
178 means the name of the institution where a defendant is currently
179 incarcerated and the institution’s security level.
180 (ee) “Daily cost of a jail bed” means the per diem cost,
181 based on all sources of funding and costs associated with
182 operations, for each inmate in a jail facility.
183 (ff) “Daily cost of a prison bed” means the per diem cost,
184 based on all sources of funding and costs associated with
185 operations, for each inmate in a state correctional institution.
186 (gg) “Daily cost per probationer” means the per diem cost
187 for each individual serving probation with the Department of
188 Corrections.
189 (hh) “Daily jail population” means the number of inmates
190 incarcerated within a jail facility on each day.
191 (ii) “Daily jail postsentence population” means the number
192 of inmates incarcerated within a jail facility on each day who
193 have been sentenced and are either serving the sentence in jail
194 or awaiting transportation to the Department of Corrections.
195 (jj) “Daily jail presentence population” means the number
196 of inmates incarcerated within a jail facility on each day who
197 entered a plea to charges or were found guilty at trial and are
198 awaiting sentencing.
199 (kk) “Daily jail pretrial population” means the number of
200 inmates incarcerated within a jail facility on each day awaiting
201 case disposition.
202 (ll) “Daily number of correctional officers” means the
203 number of full-time, part-time, and auxiliary correctional
204 officers who are actively providing supervision, protection,
205 care, custody, and control of inmates in a state correctional
206 institution or jail facility each day.
207 (mm) “Daily number of federal and state inmates held in
208 jail” means the number of inmates who are temporarily
209 incarcerated within a jail facility each day.
210 (nn) “Daily prison population” means the number of inmates
211 incarcerated in a state correctional institution on each day.
212 (oo) “Date of court appearance” means each date that a
213 criminal case is considered by a court.
214 (pp) “Date of failure to appear in court” means each date
215 that a criminal case was set to be heard by a court with
216 required appearance by a defendant and he or she failed to
217 appear.
218 (qq) “Defense attorney type” means whether the attorney is
219 court-appointed to or privately retained by a defendant, or that
220 the defendant is represented pro se.
221 (rr) “Deferred prosecution or pretrial diversion hearing
222 date or agreement date” means each date that a hearing is held
223 or a contract is signed by the parties regarding a defendant’s
224 admission into a deferred prosecution or pretrial diversion
225 program.
226 (ss) “Disciplinary violation and action” means any inmate
227 disciplinary conduct and the consequences of such conduct.
228 (tt) “Discovery motion date” means the date that a
229 defendant files a notice to participate in discovery.
230 (uu) “Dismissal motion date” means the date that a
231 defendant files a motion to dismiss charges.
232 (vv) “Dismissal motion hearing date” means the date a court
233 considers a defendant’s motion to dismiss charges.
234 (ww) “Disposition date” means the date on which all case
235 activity is final.
236 (xx) “Domestic violence flag” means an indication that a
237 charge involves domestic violence as defined in s. 741.28.
238 (yy) “Drug type for drug charge” mean the type of drug
239 specified in each drug charge against a defendant.
240 (zz) “Ethnicity” means a person’s identification as
241 Hispanic or Latino, not Hispanic or Latino, or Haitian.
242 (aaa) “Filing date” means the date that a formal charge is
243 filed against a defendant.
244 (bbb) “Fine amount” means the total amount of fines imposed
245 at case disposition.
246 (ccc) “Fine amount balance or payment to date” means the
247 amount a defendant paid toward outstanding fines and the
248 remaining balance owed.
249 (ddd) “Gang affiliation flag” means an indication that a
250 defendant is involved in or associated with a criminal gang as
251 defined in s. 874.03.
252 (eee) “Good conduct credit earned” means the time that an
253 inmate earned for good behavior in a jail facility or state
254 correctional institution and had credited toward his or her
255 sentence.
256 (fff) “Habitual offender flag” means an indication that a
257 defendant is a habitual felony offender as defined in s. 775.084
258 or a habitual misdemeanor offender as defined in s. 775.0837.
259 (ggg) “Jail capacity” means the maximum number of inmates
260 who can be incarcerated in a jail facility.
261 (hhh) “Judicial transfer date” means a date on which a
262 defendant’s case is transferred to another court or presiding
263 judge.
264 (iii) “Length of probation sentence imposed” means the
265 duration of probation ordered by a court.
266 (jjj) “Length of probation sentence served” means the
267 amount of time on probation which a defendant has served to
268 date.
269 (kkk) “Nonmonetary condition of release” means a condition
270 of a defendant’s pretrial release imposed by the court which is
271 not based on payment of bail or bond.
272 (lll) “Number of contract attorneys representing indigent
273 defendants for the office of the public defender” means the
274 number of attorneys hired on a temporary basis, by contract, to
275 represent indigent clients who were appointed a public defender.
276 (mmm) “Offense date” means the date that the alleged crime
277 occurred.
278 (nnn) “Plea date” means the date that a defendant enters a
279 plea to a pending charge.
280 (ooo) “Presentence jail population at year-end” means the
281 number of inmates incarcerated within a jail facility at the end
282 of a calendar year who entered pleas or who were found guilty at
283 trial and are awaiting sentencing.
284 (ppp) “Pretrial release decision” means the date that the
285 court decides the issue of a defendant’s pretrial release from
286 incarceration.
287 (qqq) “Pretrial release offender flag” means an indication
288 that the defendant has violated the terms of his or her pretrial
289 release.
290 (rrr) “Prior incarceration within the state” means any
291 prior history of a defendant being incarcerated in a jail
292 facility or state correctional institution.
293 (sss) “Postsentence jail population at year-end” means the
294 number of inmates incarcerated within a jail facility at the end
295 of a calendar year who have been sentenced and are either
296 serving that sentence in the facility or awaiting transportation
297 to the Department of Corrections.
298 (ttt) “Probation revocation” means any instance where a
299 defendant’s probation was revoked.
300 (uuu) “Projected discharge date” means the anticipated date
301 that an inmate will be released from incarceration.
302 (vvv) “Race” means a person’s identification as American
303 Indian or Alaskan Native, African American or Black, Asian,
304 Hawaiian or other Pacific Islander, White, or Other, which
305 includes multi-racial individuals.
306 (www) “Restitution amount ordered” means the amount of
307 money imposed by the court to compensate a victim of a
308 defendant’s criminal activity.
309 (xxx) “Sentence condition” means any requirement imposed by
310 a court in addition to incarceration.
311 (yyy) “Sentence date” means the date that a court enters a
312 sentence against a defendant.
313 (zzz) “Sentence length” means the total duration of jail
314 time, prison time, and probation that a defendant is ordered to
315 serve.
316 (aaaa) “Sentence type” means capital punishment,
317 incarceration, probation, or a combination thereof.
318 (bbbb) “Sentencing scoresheet” means the digitized
319 worksheet created under s. 921.0024 to compute the defendant’s
320 minimum sentence that may be imposed by the trial court.
321 (cccc) “Speedy trial motion date” means the date that a
322 defendant files a demand for speedy trial.
323 (dddd) “Speedy trial motion hearing date” means the date
324 that a court hears a defendant’s demand for speedy trial.
325 (eeee) “Sexual offender flag” means an indication that a
326 defendant is a sexual offender as defined in s. 943.0435.
327 (ffff) “Time served credit and length” means the amount of
328 prior incarceration credited to an inmate’s current sentence to
329 reduce the amount of time remaining in the sentence.
330 (gggg) “Total jail population at year-end” means the number
331 of inmates incarcerated within a jail facility at the end of a
332 calendar year.
333 (hhhh) “Trial date” means the date that a defendant’s case
334 is set for trial, beginning with jury selection.
335 (2) DATA COLLECTION AND REPORTING.—Beginning January 1,
336 2019, the following entities shall collect and transmit data
337 weekly to the Department of Law Enforcement:
338 (a) Each clerk of court shall collect the following data
339 for each criminal case:
340 1. Case number.
341 2. Offense date.
342 3. County in which the offense was committed.
343 4. Arrest date.
344 5. Filing date.
345 6. Arraignment date or initial appearance.
346 7. Attorney assignment date.
347 8. Attorney withdrawal date.
348 9. Case status.
349 10. Disposition date.
350 11. For each defendant:
351 a. Name.
352 b. Date of birth.
353 c. Age.
354 d. Zip code of primary residence.
355 e. Primary language.
356 f. Race and ethnicity.
357 g. Gender.
358 h. Citizenship.
359 i. Immigration status, if applicable.
360 j. Whether the defendant is indigent under s. 27.52.
361 12. Any charge referred to the state attorney by law
362 enforcement.
363 13. The following information on a formal charge filed
364 against the defendant:
365 a. Charge sequence number.
366 b. Charge description.
367 c. Charge statute.
368 d. Charge type.
369 e. Charge class severity.
370 f. Charge modifier, if any.
371 g. Charge disposition.
372 h. Charge disposition date.
373 i. Drug type for drug charge, if known.
374 j. Domestic violence flag.
375 k. Gang affiliation flag.
376 l. Sexual offender flag.
377 m. Habitual offender flag.
378 14. Plea date.
379 15. The following information on bail or bond and pretrial
380 release:
381 a. Pretrial release decision.
382 b. Nonmonetary condition of release.
383 c. Cash bail or bond amount.
384 d. Cash bail or bond payment.
385 e. Booking date and reason.
386 f. Date defendant is released on bail, bond, or pretrial
387 release.
388 g. Bail or bond revocation due to a new offense, a failure
389 to appear, or a violation of the terms of bail or bond.
390 h. Pretrial release offender flag.
391 16. The following pretrial dates:
392 a. Bail or bond hearing date.
393 b. Bail or bond setting date.
394 c. Bail or bond modification date.
395 d. Bail or bond posting date.
396 e. Deferred prosecution or pretrial diversion hearing date
397 or agreement date.
398 17. The following court dates and dates of motions and
399 appearances:
400 a. Date of court appearance.
401 b. Date of failure to appear in court.
402 c. Judicial transfer date.
403 d. Trial date.
404 e. Bail or bond motion date.
405 f. Discovery motion date.
406 g. Speedy trial motion date.
407 h. Speedy trial motion hearing date.
408 i. Dismissal motion date.
409 j. Dismissal motion hearing date.
410 18. Defense attorney type.
411 19. The following information related to sentencing:
412 a. Sentence date.
413 b. Sentence type.
414 c. Sentence length.
415 d. Sentence condition.
416 e. Time served credit and length.
417 f. Court fees amount.
418 g. Court fees amount balance or payment to date.
419 h. Fine amount.
420 i. Fine amount balance or payment to date.
421 j. Restitution amount ordered.
422 k. If restitution is ordered, the amount collected by the
423 court and the amount paid to the victim.
424 20. The number of judges, magistrates, court commissioners,
425 or their equivalents hearing nonappellant, adult criminal cases
426 in the circuit.
427 (b) Each state attorney shall collect the following data:
428 1. For a human victim of a criminal offense:
429 a. Race and ethnicity.
430 b. Gender.
431 c. Age.
432 d. Relationship to the offender.
433 2. Number of full-time prosecutors.
434 3. Number of part-time prosecutors.
435 4. Annual felony caseload.
436 5. Annual misdemeanor caseload.
437 6. For each defendant:
438 a. Each charge referred to the office of the state attorney
439 by law enforcement.
440 b. Drug type for each drug charge.
441 7. Number of cases in which no information was filed.
442 (c) Each public defender shall collect the following data
443 for each criminal case:
444 1. Number of full-time public defenders.
445 2. Number of part-time public defenders.
446 3. Number of contract attorneys representing indigent
447 defendants for the office of the public defender.
448 4. Annual felony caseload.
449 5. Annual misdemeanor caseload.
450 (d) The administrator of each county detention facility
451 shall collect the following data:
452 1. Jail capacity.
453 2. Weekly admissions to jail for probation revocation.
454 3. Daily jail population.
455 4. Daily jail pretrial population.
456 5. Daily jail presentence population.
457 6. Daily jail postsentence population.
458 7. Daily number of federal and state inmates held in jail.
459 8. Total jail population at year-end.
460 9. Pretrial jail population at year-end.
461 10. Presentence jail population at year-end.
462 11. Postsentence jail population at year-end.
463 12. Number of federal and state inmates held in jail at
464 year-end.
465 13. Daily cost of a jail bed.
466 14. Daily number of correctional officers.
467 15. Annual jail budget.
468 16. Revenue generated from the temporary incarceration of
469 federal defendants or inmates.
470 17. For each inmate:
471 a. Booking date and reason.
472 b. Domestic violence flag.
473 c. Gang affiliation flag.
474 d. Habitual offender flag.
475 e. Pretrial release offender flag.
476 f. Sexual offender flag.
477 (e) The Department of Corrections shall collect:
478 1. For each prisoner:
479 a. The following data:
480 (I) Name.
481 (II) DOC number.
482 (III) Date of birth.
483 (IV) Race and ethnicity.
484 (V) Number of children.
485 (VI) Education level.
486 (VII) Admission date.
487 (VIII) Admission type.
488 (IX) Current institution and institution security level.
489 (X) Sexual offender flag.
490 (XI) Habitual offender flag.
491 (XII) Gang affiliation flag.
492 (XIII) Sentencing scoresheet.
493 (XIV) Committing county.
494 (XV) Whether the reason for admission to the department is
495 for a new conviction or a probation violation. For an admission
496 for a probation violation, the department shall report whether
497 the violation was technical, based on a new offense, or based on
498 another term of probation.
499 b. Specific offense codes, including, for an inmate
500 convicted of drug trafficking under s. 893.135, the offense code
501 for each specific drug trafficked.
502 c. Concurrent or consecutive sentence flag.
503 d. Length of sentence or concurrent or consecutive
504 sentences served.
505 e. Projected discharge date.
506 f. Time served, in days.
507 g. Good conduct credit earned.
508 h. Prior incarceration within the state.
509 i. Disciplinary violation and action.
510 j. Participation in rehabilitative or educational
511 correctional programs.
512 2. The following information about each correctional
513 facility:
514 a. Budget for each correctional institution.
515 b. Daily prison population.
516 c. Daily number of correctional officers.
517 d. Daily cost of a prison bed.
518 3. For probation and probationary services:
519 a. For each probationer:
520 (I) Name.
521 (II) Date of birth.
522 (III) Race and ethnicity.
523 (IV) Sex.
524 (V) Department-assigned case number.
525 b. Length of probation sentence imposed and length of
526 probation sentence served.
527 c. Probation release date or projected release date.
528 d. Probation revocation due to a violation.
529 e. Probation revocation due to a new offense.
530 f. Daily cost per probationer.
531 (3) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
532 Department of Law Enforcement shall publish datasets in its
533 possession in a modern, open, electronic format that is machine
534 readable and readily accessible by the public on the
535 department’s website. The published data must be searchable, at
536 a minimum, by each data element, county, circuit, and unique
537 identifier. Beginning March 1, 2019, the department shall begin
538 publishing the data received under subsection (2) in the same
539 modern, open, electronic format that is machine-readable and
540 readily accessible to the public on the department’s website.
541 The department shall publish all data received under subsection
542 (2) no later than July 1, 2019.
543 Section 3. Paragraph (b) of subsection (4) of section
544 907.043, Florida Statutes, is amended to read:
545 907.043 Pretrial release; citizens’ right to know.—
546 (4)
547 (b) The annual report must contain, but need not be limited
548 to:
549 1. The name, location, and funding sources of the pretrial
550 release program, including the amount of public funds, if any,
551 received by the pretrial release program.
552 2. The operating and capital budget of each pretrial
553 release program receiving public funds.
554 3.a. The percentage of the pretrial release program’s total
555 budget representing receipt of public funds.
556 b. The percentage of the total budget which is allocated to
557 assisting defendants obtain release through a nonpublicly funded
558 program.
559 c. The amount of fees paid by defendants to the pretrial
560 release program.
561 4. The number of persons employed by the pretrial release
562 program.
563 5. The number of defendants assessed and interviewed for
564 pretrial release.
565 6. The number of defendants recommended for pretrial
566 release.
567 7. The number of defendants for whom the pretrial release
568 program recommended against nonsecured release.
569 8. The number of defendants granted nonsecured release
570 after the pretrial release program recommended nonsecured
571 release.
572 9. The number of defendants assessed and interviewed for
573 pretrial release who were declared indigent by the court.
574 10. The number of defendants accepted into a pretrial
575 release program who paid a surety or cash bail or bond.
576 11. The number of defendants for whom a risk assessment
577 tool was used in determining whether the defendant should be
578 released pending the disposition of the case and the number of
579 defendants for whom a risk assessment tool was not used.
580 12. The type of each criminal charge of a defendant
581 accepted into a pretrial release program, including, at a
582 minimum, the number of defendants charged with:
583 a. Dangerous crimes as defined in s. 907.041.
584 b. Nonviolent felonies.
585 c. Misdemeanors only.
586 13. The number of defendants accepted into a pretrial
587 release program with no prior criminal conviction.
588 14.10. The name and case number of each person granted
589 nonsecured release who:
590 a. Failed to attend a scheduled court appearance.
591 b. Was issued a warrant for failing to appear.
592 c. Was arrested for any offense while on release through
593 the pretrial release program.
594 15.11. Any additional information deemed necessary by the
595 governing body to assess the performance and cost efficiency of
596 the pretrial release program.
597 Section 4. Subsections (3) through (7) of section 921.0024,
598 Florida Statutes, are amended to read:
599 921.0024 Criminal Punishment Code; worksheet computations;
600 scoresheets.—
601 (3) A single digitized scoresheet shall be prepared for
602 each defendant to determine the permissible range for the
603 sentence that the court may impose, except that if the defendant
604 is before the court for sentencing for more than one felony and
605 the felonies were committed under more than one version or
606 revision of the guidelines or the code, separate digitized
607 scoresheets must be prepared. The scoresheet or scoresheets must
608 cover all the defendant’s offenses pending before the court for
609 sentencing. The state attorney shall prepare the digitized
610 scoresheet or scoresheets, which must be presented to the
611 defense counsel for review for accuracy in all cases unless the
612 judge directs otherwise. The defendant’s scoresheet or
613 scoresheets must be approved and signed by the sentencing judge.
614 (4) The Department of Corrections, in consultation with the
615 Office of the State Courts Administrator, state attorneys, and
616 public defenders, must develop and submit the revised digitized
617 Criminal Punishment Code scoresheet to the Supreme Court for
618 approval by June 15 of each year, as necessary. The digitized
619 scoresheet shall have individual, structured data cells for each
620 data field on the scoresheet. Upon the Supreme Court’s approval
621 of the revised digitized scoresheet, the Department of
622 Corrections shall produce and provide sufficient copies of the
623 revised digitized scoresheets by September 30 of each year, as
624 necessary. Digitized scoresheets must include individual data
625 cells to indicate item entries for the scoresheet preparer’s use
626 in indicating whether any prison sentence imposed includes a
627 mandatory minimum sentence or the sentence imposed was a
628 downward departure from the lowest permissible sentence under
629 the Criminal Punishment Code.
630 (5) The Department of Corrections shall make available
631 distribute sufficient copies of the digitized Criminal
632 Punishment Code scoresheets to those persons charged with the
633 responsibility for preparing scoresheets.
634 (6) The clerk of the circuit court shall transmit a
635 complete, and accurate digitized, and legible copy of the
636 Criminal Punishment Code scoresheet used in each sentencing
637 proceeding to the Department of Corrections. Scoresheets must be
638 electronically transmitted no less frequently than weekly
639 monthly, by the first of each month, and may be sent
640 collectively.
641 (7) A digitized sentencing scoresheet must be prepared for
642 every defendant who is sentenced for a felony offense. A copy of
643 The individual offender’s digitized Criminal Punishment Code
644 scoresheet and any attachments thereto prepared pursuant to Rule
645 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
646 Procedure, or any other rule pertaining to the preparation and
647 submission of felony sentencing scoresheets, must be included
648 with attached to the copy of the uniform judgment and sentence
649 form provided to the Department of Corrections.
650 Section 5. Subsection (1) of section 932.7061, Florida
651 Statutes, is amended to read:
652 932.7061 Reporting seized property for forfeiture.—
653 (1) Every law enforcement agency shall submit an annual
654 report to the Department of Law Enforcement indicating whether
655 the agency has seized or forfeited property under the Florida
656 Contraband Forfeiture Act. A law enforcement agency receiving or
657 expending forfeited property or proceeds from the sale of
658 forfeited property in accordance with the Florida Contraband
659 Forfeiture Act shall submit a completed annual report by
660 December 1 October 10 documenting the receipts and expenditures.
661 The report shall be submitted in an electronic form, maintained
662 by the Department of Law Enforcement in consultation with the
663 Office of Program Policy Analysis and Government Accountability,
664 to the entity that has budgetary authority over such agency and
665 to the Department of Law Enforcement. The annual report must, at
666 a minimum, specify the type, approximate value, court case
667 number, type of offense, disposition of property received, and
668 amount of any proceeds received or expended.
669 Section 6. Section 943.687, Florida Statutes, is created to
670 read:
671 943.687 Criminal justice data transparency.—In order to
672 facilitate the availability of comparable and uniform criminal
673 justice data, the department shall:
674 (1) Collect, compile, maintain, and manage the data
675 submitted by local and state entities pursuant to s. 900.05 and
676 coordinate related activities to collect and submit data. The
677 department shall create a unique identifier for each criminal
678 case received from the clerks of court which identifies the
679 person who is the subject of the criminal case. The unique
680 identifier must be the same for that person in any court case
681 and used across local and state entities for all information
682 related to that person at any time. The unique identifier shall
683 be randomly created and may not include any portion of the
684 person’s social security number or date of birth.
685 (2) Promote criminal justice data sharing by making such
686 data received under s. 900.05 comparable, transferable, and
687 readily usable.
688 (3) Create and maintain an Internet-based database of
689 criminal justice data received under s. 900.05 in a modern,
690 open, electronic format that is machine-readable and readily
691 accessible through an application program interface. The
692 database must allow the public to search, at a minimum, by each
693 data element, county, judicial circuit, or unique identifier.
694 The department may not require a license or charge a fee to
695 access or receive information from the database.
696 (4) Develop written agreements with local, state, and
697 federal agencies to facilitate criminal justice data sharing.
698 (5) Establish by rule:
699 (a) Requirements for the entities subject to the
700 requirements of s. 900.05 to submit data through an application
701 program interface.
702 (b) A data catalog defining data objects, describing data
703 fields, and detailing the meaning of and options for each data
704 element reported pursuant to s. 900.05.
705 (c) How data collected pursuant to s. 900.05 is compiled,
706 processed, structured, used, or shared. The rule shall provide
707 for the tagging of all information associated with each case
708 number and unique identifier.
709 (d) Requirements for implementing and monitoring the
710 Internet-based database established under subsection (3).
711 (e) How information contained in the Internet-based
712 database established under subsection (3) is accessed by the
713 public.
714 (6) Consult with local, state, and federal criminal justice
715 agencies and other public and private users of the database
716 established under subsection (3) on the data elements collected
717 under s. 900.05, the use of such data, and adding data elements
718 to be collected.
719 (7) Monitor data collection procedures and test data
720 quality to facilitate the dissemination of accurate, valid,
721 reliable, and complete criminal justice data.
722 (8) Develop methods for archiving data, retrieving archived
723 data, and data editing and verification.
724 Section 7. Section 945.041, Florida Statutes, is created to
725 read:
726 945.041 Department of Corrections reports.—The department
727 shall publish on its website and make available to the public
728 the following information, updated on a quarterly basis:
729 (1) Inmate admissions by offense type. Burglary of dwelling
730 offenses under s. 810.02(2), (3)(a), and (3)(b) must be reported
731 as a separate category from all other property crimes.
732 (2) The recidivism rate, defined as rearrest, reconviction,
733 reincarceration, and probation revocation in the state within a
734 3-year time period following release from incarceration.
735 Section 8. For the purpose of incorporating the amendment
736 made by this act to section 932.7061, Florida Statutes, in a
737 reference thereto, section 932.7062, Florida Statutes, is
738 reenacted to read:
739 932.7062 Penalty for noncompliance with reporting
740 requirements.—A seizing agency that fails to comply with the
741 reporting requirements in s. 932.7061 is subject to a civil fine
742 of $5,000, to be determined by the Chief Financial Officer and
743 payable to the General Revenue Fund. However, such agency is not
744 subject to the fine if, within 60 days after receipt of written
745 notification from the Department of Law Enforcement of
746 noncompliance with the reporting requirements of the Florida
747 Contraband Forfeiture Act, the agency substantially complies
748 with those requirements. The Department of Law Enforcement shall
749 submit any substantial noncompliance to the office of Chief
750 Financial Officer, which shall be responsible for the
751 enforcement of this section.
752 Section 9. A pilot project is established in the Sixth
753 Judicial Circuit for the purpose of improving criminal justice
754 data transparency and ensuring that data submitted under s.
755 900.05, Florida Statutes, is accurate, valid, reliable, and
756 structured. The clerk of court, the state attorney, the public
757 defender, or a sheriff in the circuit may enter into a
758 memorandum of understanding with a national, nonpartisan, not
759 for-profit entity which provides data and measurement for
760 county-level criminal justice systems to establish the duties
761 and responsibilities of a data fellow, completely funded by the
762 entity, to be embedded with the office or agency. The data
763 fellow shall assist with data extraction, validation, and
764 quality and shall publish such data consistent with the terms of
765 the memorandum. The data fellow shall assist the office or
766 agency in compiling and reporting data pursuant to s. 900.05,
767 Florida Statutes, in compliance with rules established by the
768 Department of Law Enforcement. The pilot project shall expire as
769 provided in the memorandum.
770 Section 10. For the 2018-2019 fiscal year, nine full-time
771 equivalent positions with an associated total salary rate of
772 $665,884 are authorized, and the sum of $1,750,000 in
773 nonrecurring funds from General Revenue is appropriated to the
774 Department of Law Enforcement for the purposes of implementing
775 ss. 900.05(3) and 943.687, Florida Statutes, transitioning to
776 incident-based crime reporting, and collecting and submitting
777 crime statistics that meet the requirements of the Federal
778 Bureau of Investigation under the National Incident-Based
779 Reporting System.
780 Section 11. This act shall take effect July 1, 2018.
