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.