| 1 | A bill to be entitled |
| 2 | An act relating to costs of prosecution, |
| 3 | investigation, and representation; amending s. |
| 4 | 903.286, F.S.; providing for the withholding of unpaid |
| 5 | costs of prosecution and representation from the |
| 6 | return of a cash bond posted on behalf of a criminal |
| 7 | defendant; requiring a notice on bond forms of such |
| 8 | possible withholding; amending s. 938.27, F.S.; |
| 9 | providing liability for the cost of prosecution and |
| 10 | investigation for persons whose cases are disposed of |
| 11 | under specified provisions; requiring courts to impose |
| 12 | the costs of prosecution and investigation; |
| 13 | prohibiting the court from converting the costs of |
| 14 | prosecution and investigation to any form of community |
| 15 | service; clarifying the types of cases that are |
| 16 | subject to the collection and dispensing of cost |
| 17 | payments by the clerk of the court; amending s. |
| 18 | 938.29, F.S.; providing liability for attorney's fees |
| 19 | and costs for persons whose cases are disposed of |
| 20 | under specified provisions; amending s. 985.032, F.S.; |
| 21 | providing for assessment of costs of prosecution |
| 22 | against a juvenile who has been adjudicated delinquent |
| 23 | or has adjudication of delinquency withheld; providing |
| 24 | an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Section 903.286, Florida Statutes, is amended |
| 29 | to read: |
| 30 | 903.286 Return of cash bond; requirement to withhold |
| 31 | unpaid fines, fees, court costs; cash bond forms.- |
| 32 | (1) Notwithstanding s. 903.31(2), the clerk of the court |
| 33 | shall withhold from the return of a cash bond posted on behalf |
| 34 | of a criminal defendant by a person other than a bail bond agent |
| 35 | licensed pursuant to chapter 648 sufficient funds to pay any |
| 36 | unpaid costs of prosecution, costs of representation as provided |
| 37 | by s. 27.52, court fees, court costs, and criminal penalties. If |
| 38 | sufficient funds are not available to pay all unpaid costs of |
| 39 | prosecution, costs of representation as provided by s. 27.52, |
| 40 | court fees, court costs, and criminal penalties, the clerk of |
| 41 | the court shall immediately obtain payment from the defendant or |
| 42 | enroll the defendant in a payment plan pursuant to s. 28.246. |
| 43 | (2) All cash bond forms used in conjunction with the |
| 44 | requirements of s. 903.09 must prominently display a notice |
| 45 | explaining that all funds are subject to forfeiture and |
| 46 | withholding by the clerk of the court for the payment of costs |
| 47 | of prosecution, costs of representation as provided by s. 27.52, |
| 48 | court fees, court costs, and criminal penalties on behalf of the |
| 49 | criminal defendant regardless of who posted the funds. |
| 50 | Section 2. Section 938.27, Florida Statutes, is amended to |
| 51 | read: |
| 52 | 938.27 Judgment for costs of prosecution and investigation |
| 53 | on conviction.- |
| 54 | (1) In all criminal and violation-of-probation or |
| 55 | community-control cases, convicted persons and persons whose |
| 56 | cases are disposed of pursuant to s. 948.08(6)(c) or s. |
| 57 | 948.16(2) are liable for payment of the costs of prosecution, |
| 58 | including investigative costs incurred by law enforcement |
| 59 | agencies, by fire departments for arson investigations, and by |
| 60 | investigations of the Department of Financial Services or the |
| 61 | Office of Financial Regulation of the Financial Services |
| 62 | Commission, if requested by such agencies. The court shall |
| 63 | include these costs in every judgment rendered against the |
| 64 | convicted person. For purposes of this section, "convicted" |
| 65 | means a determination of guilt, or of violation of probation or |
| 66 | community control, which is a result of a plea, trial, or |
| 67 | violation proceeding, regardless of whether adjudication is |
| 68 | withheld. |
| 69 | (2)(a) Notwithstanding any other law, court rule, or |
| 70 | administrative order, the court shall impose upon the defendant |
| 71 | the costs of prosecution and investigation. The costs of |
| 72 | prosecution and investigation may not be converted to any form |
| 73 | of court-ordered community service to be served in lieu of the |
| 74 | obligation to pay the costs of prosecution and investigation. |
| 75 | (b)(a) The court shall impose the costs of prosecution and |
| 76 | investigation notwithstanding the defendant's present ability to |
| 77 | pay. The court shall require the defendant to pay the costs |
| 78 | within a specified period or in specified installments. |
| 79 | (c)(b) The end of such period or the last such installment |
| 80 | shall not be later than: |
| 81 | 1. The end of the period of probation or community |
| 82 | control, if probation or community control is ordered; |
| 83 | 2. Five years after the end of the term of imprisonment |
| 84 | imposed, if the court does not order probation or community |
| 85 | control; or |
| 86 | 3. Five years after the date of sentencing in any other |
| 87 | case. |
| 88 |
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| 89 | However, in no event shall the obligation to pay any unpaid |
| 90 | amounts expire if not paid in full within the period specified |
| 91 | in this paragraph. |
| 92 | (d)(c) If not otherwise provided by the court under this |
| 93 | section, costs shall be paid immediately. |
| 94 | (3) If a defendant is placed on probation or community |
| 95 | control, payment of any costs under this section shall be a |
| 96 | condition of such probation or community control. The court may |
| 97 | revoke probation or community control if the defendant fails to |
| 98 | pay these costs. |
| 99 | (4) Any dispute as to the proper amount or type of costs |
| 100 | shall be resolved by the court by the preponderance of the |
| 101 | evidence. The burden of demonstrating the amount of costs |
| 102 | incurred is on the state attorney. The burden of demonstrating |
| 103 | the financial resources of the defendant and the financial needs |
| 104 | of the defendant is on the defendant. The burden of |
| 105 | demonstrating such other matters as the court deems appropriate |
| 106 | is upon the party designated by the court as justice requires. |
| 107 | (5) Any default in payment of costs may be collected by |
| 108 | any means authorized by law for enforcement of a judgment. |
| 109 | (6) The clerk of the court shall collect and dispense cost |
| 110 | payments in any case regardless of whether the disposition of |
| 111 | the case takes place before the judge in open court or in any |
| 112 | other manner provided by law. |
| 113 | (7) Investigative costs that are recovered shall be |
| 114 | returned to the appropriate investigative agency that incurred |
| 115 | the expense. Such costs include actual expenses incurred in |
| 116 | conducting the investigation and prosecution of the criminal |
| 117 | case; however, costs may also include the salaries of permanent |
| 118 | employees. Any investigative costs recovered on behalf of a |
| 119 | state agency must be remitted to the Department of Revenue for |
| 120 | deposit in the agency operating trust fund, and a report of the |
| 121 | payment must be sent to the agency, except that any |
| 122 | investigative costs recovered on behalf of the Department of Law |
| 123 | Enforcement shall be deposited in the department's Forfeiture |
| 124 | and Investigative Support Trust Fund under s. 943.362. |
| 125 | (8) Costs for the state attorney shall be set in all cases |
| 126 | at no less than $50 per case when a misdemeanor or criminal |
| 127 | traffic offense is charged and no less than $100 per case when a |
| 128 | felony offense is charged, including a proceeding in which the |
| 129 | underlying offense is a violation of probation or community |
| 130 | control. The court may set a higher amount upon a showing of |
| 131 | sufficient proof of higher costs incurred. Costs recovered on |
| 132 | behalf of the state attorney under this section shall be |
| 133 | deposited into the State Attorneys Revenue Trust Fund to be used |
| 134 | during the fiscal year in which the funds are collected, or in |
| 135 | any subsequent fiscal year, for actual expenses incurred in |
| 136 | investigating and prosecuting criminal cases, which may include |
| 137 | the salaries of permanent employees, or for any other purpose |
| 138 | authorized by the Legislature. |
| 139 | Section 3. Paragraph (a) of subsection (1) of section |
| 140 | 938.29, Florida Statutes, is amended to read: |
| 141 | 938.29 Legal assistance; lien for payment of attorney's |
| 142 | fees or costs.- |
| 143 | (1)(a) A defendant who is convicted of a criminal act or a |
| 144 | violation of probation or community control or whose case is |
| 145 | disposed of pursuant to s. 948.08(6)(c) or s. 948.16(2) and who |
| 146 | has received the assistance of the public defender's office, a |
| 147 | special assistant public defender, the office of criminal |
| 148 | conflict and civil regional counsel, or a private conflict |
| 149 | attorney, or who has received due process services after being |
| 150 | found indigent for costs under s. 27.52, shall be liable for |
| 151 | payment of the assessed application fee under s. 27.52 and |
| 152 | attorney's fees and costs. Attorney's fees and costs shall be |
| 153 | set in all cases at no less than $50 per case when a misdemeanor |
| 154 | or criminal traffic offense is charged and no less than $100 per |
| 155 | case when a felony offense is charged, including a proceeding in |
| 156 | which the underlying offense is a violation of probation or |
| 157 | community control. The court may set a higher amount upon a |
| 158 | showing of sufficient proof of higher fees or costs incurred. |
| 159 | For purposes of this section, "convicted" means a determination |
| 160 | of guilt, or of violation of probation or community control, |
| 161 | which is a result of a plea, trial, or violation proceeding, |
| 162 | regardless of whether adjudication is withheld. The court shall |
| 163 | include these fees and costs in every judgment rendered against |
| 164 | the convicted person. |
| 165 | Section 4. Section 985.032, Florida Statutes, is amended |
| 166 | to read: |
| 167 | 985.032 Legal representation for delinquency cases.- |
| 168 | (1) For cases arising under this chapter, the state |
| 169 | attorney shall represent the state. |
| 170 | (2) A juvenile who has been adjudicated delinquent or has |
| 171 | adjudication of delinquency withheld shall be assessed costs of |
| 172 | prosecution as provided in s. 938.27. |
| 173 | Section 5. This act shall take effect July 1, 2012. |