Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 210
       
       
       
       
       
       
                                Barcode 487206                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                
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       The Committee on Criminal Justice (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 54 - 164
    4  and insert:
    5         (1) In all criminal and violation-of-probation or
    6  community-control cases, convicted persons are liable for
    7  payment of the costs of prosecution, including investigative
    8  costs incurred by law enforcement agencies, by fire departments
    9  for arson investigations, and by investigations of the
   10  Department of Financial Services or the Office of Financial
   11  Regulation of the Financial Services Commission, if requested by
   12  such agencies. The court shall include these costs in every
   13  judgment rendered against the convicted person. For purposes of
   14  this section, “convicted” means a determination of guilt, or of
   15  violation of probation or community control, which is a result
   16  of a plea, trial, or violation proceeding, regardless of whether
   17  adjudication is withheld.
   18         (2)(a) The court shall impose the costs of prosecution and
   19  investigation notwithstanding the defendant’s present ability to
   20  pay. The court shall require the defendant to pay the costs
   21  within a specified period or in specified installments.
   22         (b) The end of such period or the last such installment
   23  shall not be later than:
   24         1. The end of the period of probation or community control,
   25  if probation or community control is ordered;
   26         2. Five years after the end of the term of imprisonment
   27  imposed, if the court does not order probation or community
   28  control; or
   29         3. Five years after the date of sentencing in any other
   30  case.
   31  
   32  However, in no event shall the obligation to pay any unpaid
   33  amounts expire if not paid in full within the period specified
   34  in this paragraph.
   35         (c) If not otherwise provided by the court under this
   36  section, costs shall be paid immediately.
   37         (3) If a defendant is placed on probation or community
   38  control, payment of any costs under this section shall be a
   39  condition of such probation or community control. The court may
   40  revoke probation or community control if the defendant fails to
   41  pay these costs.
   42         (4) Any dispute as to the proper amount or type of costs
   43  shall be resolved by the court by the preponderance of the
   44  evidence. The burden of demonstrating the amount of costs
   45  incurred is on the state attorney. The burden of demonstrating
   46  the financial resources of the defendant and the financial needs
   47  of the defendant is on the defendant. The burden of
   48  demonstrating such other matters as the court deems appropriate
   49  is upon the party designated by the court as justice requires.
   50         (5) Any default in payment of costs may be collected by any
   51  means authorized by law for enforcement of a judgment.
   52         (6) The clerk of the court shall collect and dispense cost
   53  payments in any case regardless of whether the disposition of
   54  the case takes place before the judge in open court or in any
   55  other manner provided by law.
   56         (7) Investigative costs that are recovered shall be
   57  returned to the appropriate investigative agency that incurred
   58  the expense. Such costs include actual expenses incurred in
   59  conducting the investigation and prosecution of the criminal
   60  case; however, costs may also include the salaries of permanent
   61  employees. Any investigative costs recovered on behalf of a
   62  state agency must be remitted to the Department of Revenue for
   63  deposit in the agency operating trust fund, and a report of the
   64  payment must be sent to the agency, except that any
   65  investigative costs recovered on behalf of the Department of Law
   66  Enforcement shall be deposited in the department’s Forfeiture
   67  and Investigative Support Trust Fund under s. 943.362.
   68         (8) Costs for the state attorney shall be set in all cases
   69  at no less than $50 per case when a misdemeanor or criminal
   70  traffic offense is charged and no less than $100 per case when a
   71  felony offense is charged, including a proceeding in which the
   72  underlying offense is a violation of probation or community
   73  control. The court may set a higher amount upon a showing of
   74  sufficient proof of higher costs incurred. Costs recovered on
   75  behalf of the state attorney under this section shall be
   76  deposited into the State Attorneys Revenue Trust Fund to be used
   77  during the fiscal year in which the funds are collected, or in
   78  any subsequent fiscal year, for actual expenses incurred in
   79  investigating and prosecuting criminal cases, which may include
   80  the salaries of permanent employees, or for any other purpose
   81  authorized by the Legislature.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete lines 9 - 20
   86  and insert:
   87         clarifying the types of cases that are subject to the
   88         collection and dispensing of cost payments by the
   89         clerk of the court; amending s. 985.032, F.S.;