Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1508
       
       
       
       
       
       
                                Barcode 150788                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/26/2011           .                                
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       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Substitute for Amendment (234536) (with title
    2  amendment)
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. Section 903.286, Florida Statutes, is amended to
    8  read:
    9         903.286 Return of cash bond; requirement to withhold unpaid
   10  fines, fees, court costs; cash bond forms.—
   11         (1) Notwithstanding s. 903.31(2), the clerk of the court
   12  shall withhold from the return of a cash bond posted on behalf
   13  of a criminal defendant by a person other than a bail bond agent
   14  licensed pursuant to chapter 648 sufficient funds to pay any
   15  unpaid costs of prosecution, costs of representation as provided
   16  by s. 27.52, court fees, court costs, and criminal penalties. If
   17  sufficient funds are not available to pay all unpaid costs of
   18  prosecution, costs of representation as provided by s. 27.52,
   19  court fees, court costs, and criminal penalties, the clerk of
   20  the court shall immediately obtain payment from the defendant or
   21  enroll the defendant in a payment plan pursuant to s. 28.246.
   22         (2) All cash bond forms used in conjunction with the
   23  requirements of s. 903.09 must prominently display a notice
   24  explaining that all funds are subject to forfeiture and
   25  withholding by the clerk of the court for the payment of costs
   26  of prosecution, costs of representation as provided by s. 27.52,
   27  court fees, court costs, and criminal penalties on behalf of the
   28  criminal defendant regardless of who posted the funds.
   29         Section 2. Section 938.27, Florida Statutes, is amended to
   30  read:
   31         938.27 Judgment for costs on conviction.—
   32         (1) In all criminal and violation-of-probation or
   33  community-control cases, convicted persons and persons whose
   34  cases are disposed of pursuant to s. 948.08(6)(c) or s.
   35  948.16(2) are liable for payment of the costs of prosecution,
   36  including investigative costs incurred by law enforcement
   37  agencies, by fire departments for arson investigations, and by
   38  investigations of the Department of Financial Services or the
   39  Office of Financial Regulation of the Financial Services
   40  Commission, if requested by such agencies. The court shall
   41  include these costs in every judgment rendered against the
   42  convicted person. For purposes of this section, “convicted”
   43  means a determination of guilt, or of violation of probation or
   44  community control, which is a result of a plea, trial, or
   45  violation proceeding, regardless of whether adjudication is
   46  withheld.
   47         (2)(a) Notwithstanding any other provision of law, court
   48  rule, or administrative order, the court shall impose the costs
   49  of prosecution and investigation. Costs of prosecution and
   50  investigation shall not be converted to any form of court
   51  ordered community service in lieu of this statutory financial
   52  obligation.
   53         (b)(a) The court shall impose the costs of prosecution and
   54  investigation notwithstanding the defendant’s present ability to
   55  pay. The court shall require the defendant to pay the costs
   56  within a specified period or in specified installments.
   57         (c)(b) The end of such period or the last such installment
   58  shall not be later than:
   59         1. The end of the period of probation or community control,
   60  if probation or community control is ordered;
   61         2. Five years after the end of the term of imprisonment
   62  imposed, if the court does not order probation or community
   63  control; or
   64         3. Five years after the date of sentencing in any other
   65  case.
   66  
   67  However, in no event shall the obligation to pay any unpaid
   68  amounts expire if not paid in full within the period specified
   69  in this paragraph.
   70         (d)(c) If not otherwise provided by the court under this
   71  section, costs shall be paid immediately.
   72         (3) If a defendant is placed on probation or community
   73  control, payment of any costs under this section shall be a
   74  condition of such probation or community control. The court may
   75  revoke probation or community control if the defendant fails to
   76  pay these costs.
   77         (4) Any dispute as to the proper amount or type of costs
   78  shall be resolved by the court by the preponderance of the
   79  evidence. The burden of demonstrating the amount of costs
   80  incurred is on the state attorney. The burden of demonstrating
   81  the financial resources of the defendant and the financial needs
   82  of the defendant is on the defendant. The burden of
   83  demonstrating such other matters as the court deems appropriate
   84  is upon the party designated by the court as justice requires.
   85         (5) Any default in payment of costs may be collected by any
   86  means authorized by law for enforcement of a judgment.
   87         (6) The clerk of the court shall collect and dispense cost
   88  payments in any case, regardless of whether the disposition of
   89  the case takes place before the judge in open court or in any
   90  other manner provided by law.
   91         (7) Investigative costs that are recovered shall be
   92  returned to the appropriate investigative agency that incurred
   93  the expense. Such costs include actual expenses incurred in
   94  conducting the investigation and prosecution of the criminal
   95  case; however, costs may also include the salaries of permanent
   96  employees. Any investigative costs recovered on behalf of a
   97  state agency must be remitted to the Department of Revenue for
   98  deposit in the agency operating trust fund, and a report of the
   99  payment must be sent to the agency, except that any
  100  investigative costs recovered on behalf of the Department of Law
  101  Enforcement shall be deposited in the department’s Forfeiture
  102  and Investigative Support Trust Fund under s. 943.362.
  103         (8) Costs for the state attorney shall be set in all cases
  104  at no less than $50 per case when a misdemeanor or criminal
  105  traffic offense is charged and no less than $100 per case when a
  106  felony offense is charged, including a proceeding in which the
  107  underlying offense is a violation of probation or community
  108  control. The court may set a higher amount upon a showing of
  109  sufficient proof of higher costs incurred. Costs recovered on
  110  behalf of the state attorney under this section shall be
  111  deposited into the State Attorneys Revenue Trust Fund to be used
  112  during the fiscal year in which the funds are collected, or in
  113  any subsequent fiscal year, for actual expenses incurred in
  114  investigating and prosecuting criminal cases, which may include
  115  the salaries of permanent employees, or for any other purpose
  116  authorized by the Legislature.
  117         Section 3. Paragraph (a) of subsection (1) of section
  118  938.29, Florida Statutes, is amended to read:
  119         938.29 Legal assistance; lien for payment of attorney’s
  120  fees or costs.—
  121         (1)(a) A defendant who is convicted of a criminal act or a
  122  violation of probation or community control or whose case is
  123  disposed of pursuant to s. 948.08(6)(c) or s. 948.16(2) and who
  124  has received the assistance of the public defender’s office, a
  125  special assistant public defender, the office of criminal
  126  conflict and civil regional counsel, or a private conflict
  127  attorney, or who has received due process services after being
  128  found indigent for costs under s. 27.52, shall be liable for
  129  payment of the assessed application fee under s. 27.52 and
  130  attorney’s fees and costs. Attorney’s fees and costs shall be
  131  set in all cases at no less than $50 per case when a misdemeanor
  132  or criminal traffic offense is charged and no less than $100 per
  133  case when a felony offense is charged, including a proceeding in
  134  which the underlying offense is a violation of probation or
  135  community control. The court may set a higher amount upon a
  136  showing of sufficient proof of higher fees or costs incurred.
  137  For purposes of this section, “convicted” means a determination
  138  of guilt, or of violation of probation or community control,
  139  which is a result of a plea, trial, or violation proceeding,
  140  regardless of whether adjudication is withheld. The court shall
  141  include these fees and costs in every judgment rendered against
  142  the convicted person.
  143         Section 4. Section 985.032, Florida Statutes, is amended to
  144  read:
  145         985.032 Legal representation for delinquency cases.—
  146         (1) For cases arising under this chapter, the state
  147  attorney shall represent the state.
  148         (2) A juvenile who has been adjudicated delinquent or has
  149  adjudication of delinquency withheld shall be assessed costs of
  150  prosecution as provided in s. 938.27.
  151         Section 5. This act shall take effect July 1, 2011.
  152  
  153  ================= T I T L E  A M E N D M E N T ================
  154         And the title is amended as follows:
  155         Delete everything before the enacting clause
  156  and insert:
  157                        A bill to be entitled                      
  158         An act relating to costs of prosecution; amending s.
  159         903.286, F.S.; providing for the withholding of unpaid
  160         costs of prosecution and representation from the
  161         return of a cash bond posted on behalf of a criminal
  162         defendant; requiring a notice on bond forms of such
  163         possible withholding; amending s. 938.27, F.S.;
  164         providing liability for the cost of prosecution for
  165         persons whose cases are disposed of under specified
  166         provisions; requiring courts to impose the costs of
  167         prosecution and investigation; requiring that costs of
  168         prosecution and investigation not be converted to any
  169         form of court-ordered community service; clarifying
  170         the types of cases from which the clerk of the court
  171         must collect and dispense cost payments; amending s.
  172         938.29, F.S.; providing liability for attorney’s fees
  173         and costs for persons whose cases are disposed of
  174         under specified provisions; amending s. 985.032, F.S.;
  175         providing for assessment of costs of prosecution
  176         against a juvenile who has been adjudicated delinquent
  177         or has adjudication of delinquency withheld; providing
  178         an effective date.