Florida Senate - 2018                                    SB 1230
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01205-18                                           20181230__
    1                        A bill to be entitled                      
    2         An act relating to criminal judgments; amending s.
    3         921.241, F.S.; requiring that all judgments of guilty
    4         and not guilty for felonies and misdemeanors be
    5         documented in a written or electronic record;
    6         requiring a judge to cause to be gathered, either
    7         manually or electronically, in his or her presence in
    8         open court the fingerprints and social security number
    9         of a defendant found guilty of a felony or a
   10         misdemeanor; providing that a judgment of guilty is
   11         admissible as evidence under certain circumstances;
   12         authorizing a judge to electronically sign an
   13         electronic judgment of guilty or not guilty and a
   14         certificate documenting the electronically gathered
   15         fingerprints; defining the term “electronic
   16         signature”; repealing s. 921.242, F.S.; deleting
   17         provisions requiring judgments of guilt for certain
   18         violations to be in writing, signed by a judge, and
   19         recorded by a clerk of the circuit court; deleting a
   20         provision requiring the gathering of a defendant’s
   21         fingerprints and the judge’s accompanying
   22         certification; deleting a provision providing for the
   23         admissibility of the judgment of guilt under certain
   24         circumstances; reenacting s. 775.084(3)(a), (b), and
   25         (c), F.S., relating to fingerprinting a defendant for
   26         the purpose of identification, to incorporate the
   27         amendment made to s. 921.241, F.S., in references
   28         thereto; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 921.241, Florida Statutes, is amended to
   33  read:
   34         921.241 Criminal Felony judgments; fingerprints and social
   35  security number required in record.—
   36         (1) At the time a defendant is found guilty of a felony,
   37  the judge shall cause the defendant’s fingerprints to be taken.
   38         (2)A Every judgment of guilty or not guilty of a felony or
   39  misdemeanor shall be in a written or an electronic record
   40  writing, signed by the judge, and recorded by the clerk of the
   41  court.
   42         (2) At the time a defendant is found guilty of a felony or
   43  misdemeanor, the judge shall cause all of the following to occur
   44  to be affixed to every written judgment of guilty of a felony,
   45  in open court, in the presence of such judge, and at the time
   46  the judgment is rendered:,
   47         (a) The fingerprints of the defendant shall be taken
   48  manually or electronically and against whom such judgment is
   49  rendered. Such fingerprints shall be attached affixed beneath
   50  the judge’s signature on the to such judgment. Beneath such
   51  fingerprints shall be attached appended a certificate to the
   52  following effect:
   53         “I hereby certify that the above and foregoing fingerprints
   54  on this judgment are the fingerprints of the defendant, ....,
   55  and that they were placed thereon by said defendant in my
   56  presence, in open court, this the .... day of ....,
   57  ...(year)....”
   58  
   59  Such certificate shall be signed by the judge, whose signature
   60  thereto shall be followed by the word “Judge.”
   61         (b) The social security number of the defendant shall be
   62  taken and indicated on the judgment. If the defendant is unable
   63  or unwilling to provide his or her social security number, the
   64  reason for its absence shall be indicated on the judgment.
   65         (3) A Any such written judgment of guilty of a felony, or a
   66  certified copy thereof, shall be admissible in evidence in the
   67  several courts of this state as prima facie evidence that the
   68  fingerprints appearing thereon and certified by the judge as
   69  aforesaid are the fingerprints of the defendant against whom
   70  such judgment of guilty of a felony was rendered.
   71         (4) A judge may electronically sign:
   72         (a) An electronic judgment of guilty or not guilty under
   73  subsection (1) if the judge determines, after examination of the
   74  electronic record, that such record accurately reflects the
   75  judgment entered by the court.
   76         (b) The certificate required under paragraph (2)(a) if the
   77  judge witnesses the electronic taking of the defendant’s
   78  fingerprints and certifies that such fingerprints have been
   79  attached to the judgment by reliable electronic means.
   80         (5) As used in this section, the term “electronic
   81  signature” has the same meaning as in s. 933.40 At the time the
   82  defendant’s fingerprints are taken, the judge shall also cause
   83  the defendant’s social security number to be taken. The
   84  defendant’s social security number shall be affixed to every
   85  written judgment of guilty of a felony, in open court, in the
   86  presence of such judge, and at the time the judgment is
   87  rendered. If the defendant is unable or unwilling to provide his
   88  or her social security number, the reason for its absence shall
   89  be indicated on the written judgment.
   90         Section 2. Section 921.242, Florida Statutes, is repealed.
   91         Section 3. For the purpose of incorporating the amendment
   92  made by this act to section 921.241, Florida Statutes, in a
   93  reference thereto, paragraphs (a), (b), and (c) of subsection
   94  (3) of section 775.084, Florida Statutes, are reenacted to read:
   95         775.084 Violent career criminals; habitual felony offenders
   96  and habitual violent felony offenders; three-time violent felony
   97  offenders; definitions; procedure; enhanced penalties or
   98  mandatory minimum prison terms.—
   99         (3)(a) In a separate proceeding, the court shall determine
  100  if the defendant is a habitual felony offender or a habitual
  101  violent felony offender. The procedure shall be as follows:
  102         1. The court shall obtain and consider a presentence
  103  investigation prior to the imposition of a sentence as a
  104  habitual felony offender or a habitual violent felony offender.
  105         2. Written notice shall be served on the defendant and the
  106  defendant’s attorney a sufficient time prior to the entry of a
  107  plea or prior to the imposition of sentence in order to allow
  108  the preparation of a submission on behalf of the defendant.
  109         3. Except as provided in subparagraph 1., all evidence
  110  presented shall be presented in open court with full rights of
  111  confrontation, cross-examination, and representation by counsel.
  112         4. Each of the findings required as the basis for such
  113  sentence shall be found to exist by a preponderance of the
  114  evidence and shall be appealable to the extent normally
  115  applicable to similar findings.
  116         5. For the purpose of identification of a habitual felony
  117  offender or a habitual violent felony offender, the court shall
  118  fingerprint the defendant pursuant to s. 921.241.
  119         6. For an offense committed on or after October 1, 1995, if
  120  the state attorney pursues a habitual felony offender sanction
  121  or a habitual violent felony offender sanction against the
  122  defendant and the court, in a separate proceeding pursuant to
  123  this paragraph, determines that the defendant meets the criteria
  124  under subsection (1) for imposing such sanction, the court must
  125  sentence the defendant as a habitual felony offender or a
  126  habitual violent felony offender, subject to imprisonment
  127  pursuant to this section unless the court finds that such
  128  sentence is not necessary for the protection of the public. If
  129  the court finds that it is not necessary for the protection of
  130  the public to sentence the defendant as a habitual felony
  131  offender or a habitual violent felony offender, the court shall
  132  provide written reasons; a written transcript of orally stated
  133  reasons is permissible, if filed by the court within 7 days
  134  after the date of sentencing. Each month, the court shall submit
  135  to the Office of Economic and Demographic Research of the
  136  Legislature the written reasons or transcripts in each case in
  137  which the court determines not to sentence a defendant as a
  138  habitual felony offender or a habitual violent felony offender
  139  as provided in this subparagraph.
  140         (b) In a separate proceeding, the court shall determine if
  141  the defendant is a three-time violent felony offender. The
  142  procedure shall be as follows:
  143         1. The court shall obtain and consider a presentence
  144  investigation prior to the imposition of a sentence as a three
  145  time violent felony offender.
  146         2. Written notice shall be served on the defendant and the
  147  defendant’s attorney a sufficient time prior to the entry of a
  148  plea or prior to the imposition of sentence in order to allow
  149  the preparation of a submission on behalf of the defendant.
  150         3. Except as provided in subparagraph 1., all evidence
  151  presented shall be presented in open court with full rights of
  152  confrontation, cross-examination, and representation by counsel.
  153         4. Each of the findings required as the basis for such
  154  sentence shall be found to exist by a preponderance of the
  155  evidence and shall be appealable to the extent normally
  156  applicable to similar findings.
  157         5. For the purpose of identification of a three-time
  158  violent felony offender, the court shall fingerprint the
  159  defendant pursuant to s. 921.241.
  160         6. For an offense committed on or after the effective date
  161  of this act, if the state attorney pursues a three-time violent
  162  felony offender sanction against the defendant and the court, in
  163  a separate proceeding pursuant to this paragraph, determines
  164  that the defendant meets the criteria under subsection (1) for
  165  imposing such sanction, the court must sentence the defendant as
  166  a three-time violent felony offender, subject to imprisonment
  167  pursuant to this section as provided in paragraph (4)(c).
  168         (c) In a separate proceeding, the court shall determine
  169  whether the defendant is a violent career criminal with respect
  170  to a primary offense committed on or after October 1, 1995. The
  171  procedure shall be as follows:
  172         1. Written notice shall be served on the defendant and the
  173  defendant’s attorney a sufficient time prior to the entry of a
  174  plea or prior to the imposition of sentence in order to allow
  175  the preparation of a submission on behalf of the defendant.
  176         2. All evidence presented shall be presented in open court
  177  with full rights of confrontation, cross-examination, and
  178  representation by counsel.
  179         3. Each of the findings required as the basis for such
  180  sentence shall be found to exist by a preponderance of the
  181  evidence and shall be appealable only as provided in paragraph
  182  (d).
  183         4. For the purpose of identification, the court shall
  184  fingerprint the defendant pursuant to s. 921.241.
  185         5. For an offense committed on or after October 1, 1995, if
  186  the state attorney pursues a violent career criminal sanction
  187  against the defendant and the court, in a separate proceeding
  188  pursuant to this paragraph, determines that the defendant meets
  189  the criteria under subsection (1) for imposing such sanction,
  190  the court must sentence the defendant as a violent career
  191  criminal, subject to imprisonment pursuant to this section
  192  unless the court finds that such sentence is not necessary for
  193  the protection of the public. If the court finds that it is not
  194  necessary for the protection of the public to sentence the
  195  defendant as a violent career criminal, the court shall provide
  196  written reasons; a written transcript of orally stated reasons
  197  is permissible, if filed by the court within 7 days after the
  198  date of sentencing. Each month, the court shall submit to the
  199  Office of Economic and Demographic Research of the Legislature
  200  the written reasons or transcripts in each case in which the
  201  court determines not to sentence a defendant as a violent career
  202  criminal as provided in this subparagraph.
  203         Section 4. This act shall take effect July 1, 2018.