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.