Florida Senate - 2011 SENATOR AMENDMENT
Bill No. HB 4159
Barcode 352434
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
05/03/2011 03:53 PM . 05/04/2011 04:50 PM
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Senator Wise moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 27.366, Florida Statutes, is amended to
6 read:
7 27.366 Legislative intent and policy in cases meeting
8 criteria of s. 775.087(2) and (3); report.—
9 (1) It is the intent of the Legislature that convicted
10 criminal offenders who meet the criteria in s. 775.087(2) and
11 (3) be sentenced to the minimum mandatory prison terms provided
12 herein. It is the intent of the Legislature to establish zero
13 tolerance of criminals who use, threaten to use, or avail
14 themselves of firearms in order to commit crimes and thereby
15 demonstrate their lack of value for human life. It is also the
16 intent of the Legislature that prosecutors should appropriately
17 exercise their discretion in those cases in which the offenders’
18 possession of the firearm is incidental to the commission of a
19 crime and not used in furtherance of the crime, used in order to
20 commit the crime, or used in preparation to commit the crime.
21 For every case in which the offender meets the criteria in this
22 act and does not receive the mandatory minimum prison sentence,
23 the state attorney must explain the sentencing deviation in
24 writing and place such explanation in the case file maintained
25 by the state attorney. On a quarterly basis, each state attorney
26 shall submit copies of deviation memoranda regarding offenses
27 committed on or after the effective date of this act to the
28 President of the Florida Prosecuting Attorneys Association, Inc.
29 The association must maintain such information and make such
30 information available to the public upon request for at least a
31 10-year period.
32 (2) Effective July 1, 2000, each state attorney shall
33 annually report to the Speaker of the House of Representatives,
34 the President of the Senate, and the Executive Office of the
35 Governor regarding the prosecution and sentencing of offenders
36 who met the criteria in s. 775.087(2) and (3). The report must
37 categorize the defendants by age, gender, race, and ethnicity.
38 Cases in which a final disposition has not yet been reached
39 shall be reported in a subsequent annual report.
40 Section 2. Paragraph (d) of subsection (9) of section
41 775.082, Florida Statutes, is amended to read:
42 775.082 Penalties; applicability of sentencing structures;
43 mandatory minimum sentences for certain reoffenders previously
44 released from prison.—
45 (9)
46 (d)1. It is the intent of the Legislature that offenders
47 previously released from prison who meet the criteria in
48 paragraph (a) be punished to the fullest extent of the law and
49 as provided in this subsection, unless the state attorney
50 determines that extenuating circumstances exist which preclude
51 the just prosecution of the offender, including whether the
52 victim recommends that the offender not be sentenced as provided
53 in this subsection.
54 2. For every case in which the offender meets the criteria
55 in paragraph (a) and does not receive the mandatory minimum
56 prison sentence, the state attorney must explain the sentencing
57 deviation in writing and place such explanation in the case file
58 maintained by the state attorney. On an annual basis, each state
59 attorney shall submit copies of deviation memoranda regarding
60 offenses committed on or after the effective date of this
61 subsection, to the president of the Florida Prosecuting
62 Attorneys Association, Inc. The association must maintain such
63 information, and make such information available to the public
64 upon request, for at least a 10-year period.
65 Section 3. Section 775.08401, Florida Statutes, is
66 repealed.
67 Section 4. Subsection (5) of section 775.087, Florida
68 Statutes, is repealed.
69 Section 5. Subsection (4) of section 985.557, Florida
70 Statutes, is repealed.
71 Section 6. Subsection (5) of section 775.0843, Florida
72 Statutes, is amended to read:
73 775.0843 Policies to be adopted for career criminal cases.—
74 (5) Each career criminal apprehension program shall
75 concentrate on the identification and arrest of career criminals
76 and the support of subsequent prosecution. The determination of
77 which suspected felony offenders shall be the subject of career
78 criminal apprehension efforts shall be made in accordance with
79 written target selection criteria selected by the individual law
80 enforcement agency and state attorney consistent with the
81 provisions of this section and s. ss. 775.08401 and 775.0842.
82 Section 7. This act shall take effect July 1, 2011.
83
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Delete everything before the enacting clause
87 and insert:
88 A bill to be entitled
89 An act relating to state attorneys; amending s.
90 27.366, F.S.; deleting a provision that requires each
91 state attorney to quarterly submit deviation memoranda
92 relating to offenders who are not sentenced to the
93 mandatory minimum prison sentence in cases involving
94 the possession or use of a weapon; amending s.
95 775.082, F.S.; deleting a provision that requires each
96 state attorney to quarterly submit deviation memoranda
97 relating to why a defendant did not receive the
98 mandatory minimum prison sentence in cases involving
99 certain specified offenses; repealing s. 775.08401,
100 F.S., relating to criteria to be used when state
101 attorneys decide to pursue habitual felony offenders
102 or habitual violent felony offenders; repealing s.
103 775.087(5), F.S., relating to a provision that
104 requires each state attorney to report why a case
105 qualified defendant did not receive the mandatory
106 minimum prison sentence in cases involving certain
107 specified offenses; repealing s. 985.557(4), F.S.,
108 relating to direct-file policies and guidelines for
109 juveniles; amending s. 775.0843, F.S.; conforming a
110 cross-reference; providing an effective date.