Florida Senate - 2018                             CS for SB 1230
       
       
        
       By the Committee on Criminal Justice; and Senator Baxley
       
       
       
       
       
       591-02890A-18                                         20181230c1
    1                        A bill to be entitled                      
    2         An act relating to criminal judgments; amending s.
    3         812.014, F.S.; requiring that judgments of guilty or
    4         not guilty of petit theft be in a written record or an
    5         electronic record with the judge’s electronic
    6         signature, recorded by the clerk of the circuit court;
    7         conforming provisions to changes made by the act;
    8         amending s. 921.241, F.S.; defining terms; requiring
    9         that judgments of guilty or not guilty of a felony be
   10         in a written record or an electronic record with the
   11         judge’s electronic signature, recorded by the clerk of
   12         the circuit court; requiring that for an electronic
   13         judgment of guilty, the fingerprints of a defendant be
   14         electronically captured and a certain certification be
   15         included; requiring the judge to place his or her
   16         electronic signature on the certificate; conforming
   17         provisions to changes made by the act; amending s.
   18         921.242, F.S.; requiring that specified judgments of
   19         guilty be in a written record or an electronic record
   20         with the judge’s electronic signature, recorded by the
   21         clerk of the circuit court; conforming provisions to
   22         changes made by the act; reenacting s. 775.084(3)(a),
   23         (b), and (c), F.S., relating to fingerprinting a
   24         defendant for the purpose of identification, to
   25         incorporate the amendment made to s. 921.241, F.S., in
   26         references thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (d) of subsection (3) of section
   31  812.014, Florida Statutes, is amended to read:
   32         812.014 Theft.—
   33         (3)
   34         (d)1. A Every judgment of guilty or not guilty of a petit
   35  theft shall be in:
   36         a. A written record that is writing, signed by the judge,
   37  and recorded by the clerk of the circuit court; or
   38         b. An electronic record that contains the judge’s
   39  electronic signature, as defined in s. 933.40, and is recorded
   40  by the clerk of the circuit court.
   41         2. At the time a defendant is found guilty of petit theft,
   42  the judge shall cause the following to occur to be affixed to
   43  every such written judgment of guilty of petit theft, in open
   44  court and in the presence of such judge:,
   45         a. For a written judgment of guilty, the fingerprints of
   46  the defendant against whom such judgment is rendered shall be
   47  manually taken. Such fingerprints shall be affixed beneath the
   48  judge’s signature on the to such judgment. Beneath such
   49  fingerprints shall be appended a certificate to the following
   50  effect:
   51  
   52         “I hereby certify that the above and foregoing fingerprints
   53  on this judgment are the fingerprints of the defendant, ....,
   54  and that they were placed thereon by said defendant in my
   55  presence, in open court, this the .... day of ....,
   56  ...(year)....”
   57  
   58  Such certificate shall be signed by the judge, whose signature
   59  thereto shall be followed by the word “Judge.”
   60         b. For an electronic judgment of guilty, s. 921.241(3)(b)
   61  applies.
   62         3.2.A Any such written or an electronic judgment of guilty
   63  of a petit theft, or a certified copy thereof, is admissible in
   64  evidence in the courts of this state as provided in s.
   65  921.241(4) prima facie evidence that the fingerprints appearing
   66  thereon and certified by the judge are the fingerprints of the
   67  defendant against whom such judgment of guilty of a petit theft
   68  was rendered.
   69         Section 2. Section 921.241, Florida Statutes, is amended to
   70  read:
   71         921.241 Felony judgments; fingerprints and social security
   72  number required in record.—
   73         (1) As used in this section, the term:
   74         (a) “Electronic signature” has the same meaning as in s.
   75  933.40.
   76         (b) “Transaction control number” means the unique
   77  identifier comprised of numbers, letters, or other symbols for a
   78  digital fingerprint record which is generated by the device used
   79  to electronically capture the fingerprints At the time a
   80  defendant is found guilty of a felony, the judge shall cause the
   81  defendant’s fingerprints to be taken.
   82         (2) A Every judgment of guilty or not guilty of a felony
   83  shall be in:
   84         (a) A written record that is writing, signed by the judge,
   85  and recorded by the clerk of the court; or
   86         (b) An electronic record that contains the judge’s
   87  electronic signature and is recorded by the clerk of the court.
   88         (3)At the time a defendant is found guilty of a felony,
   89  the judge shall cause the following to occur to be affixed to
   90  every written judgment of guilty of a felony, in open court and,
   91  in the presence of such judge:
   92         (a) For a written judgment of guilty, and at the time the
   93  judgment is rendered, the fingerprints of the defendant shall be
   94  manually taken and against whom such judgment is rendered. Such
   95  fingerprints shall be affixed beneath the judge’s signature on
   96  the to such judgment. Beneath such fingerprints shall be
   97  appended a certificate to the following effect:
   98  
   99         “I hereby certify that the above and foregoing fingerprints
  100  on this judgment are the fingerprints of the defendant, ....,
  101  and that they were placed thereon by said defendant in my
  102  presence, in open court, this the .... day of ....,
  103  ...(year)....”
  104  
  105  Such certificate shall be signed by the judge, whose signature
  106  thereto shall be followed by the word “Judge.”
  107         (b) For an electronic judgment of guilty, the fingerprints
  108  of the defendant shall be electronically captured and the
  109  following certificate shall be included in the electronic
  110  judgment:
  111  
  112         “I hereby certify that the digital fingerprints record
  113  associated with Transaction Control Number .... contains the
  114  fingerprints of the defendant, ...., which were electronically
  115  captured from the defendant in my presence, in open court, this
  116  the .... day of ...., ...(year)....”
  117  
  118  The judge shall place his or her electronic signature, which
  119  shall be followed by the word “Judge,” on the certificate.
  120         (4)(3)A written or electronic Any such written judgment of
  121  guilty of a felony, or a certified copy thereof, shall be
  122  admissible in evidence in the several courts of this state as
  123  prima facie evidence that the:
  124         (a) Manual fingerprints appearing thereon and certified by
  125  the judge as aforesaid are the fingerprints of the defendant
  126  against whom the such judgment of guilty of a felony was
  127  rendered.
  128         (b) Digital fingerprint record associated with the
  129  transaction control number specified in the judge’s certificate
  130  contains the fingerprints of the defendant against whom the
  131  judgment of guilty was rendered.
  132         (5)(4) At the time the defendant’s fingerprints are
  133  manually taken or electronically captured, the judge shall also
  134  cause the defendant’s social security number to be taken. The
  135  defendant’s social security number shall be specified in each
  136  affixed to every written or electronic judgment of guilty of a
  137  felony, in open court, in the presence of such judge, and at the
  138  time the judgment is rendered. If the defendant is unable or
  139  unwilling to provide his or her social security number, the
  140  reason for its absence shall be specified in indicated on the
  141  written or electronic judgment.
  142         Section 3. Section 921.242, Florida Statutes, is amended to
  143  read:
  144         921.242 Subsequent offenses under chapter 796; method of
  145  proof applicable.—
  146         (1) A Every judgment of guilty with respect to any offense
  147  governed by the provisions of chapter 796 shall be in:
  148         (a) A written record that is writing, signed by the judge,
  149  and recorded by the clerk of the circuit court; or
  150         (b) An electronic record that contains the judge’s
  151  electronic signature, as defined in s. 933.40, and is recorded
  152  by the clerk of the circuit court.
  153         (2) At the time a defendant is found guilty, the judge
  154  shall cause the following to occur to be affixed to every such
  155  written judgment of guilty, in open court and in the presence of
  156  such judge:
  157         (a) For a written judgment of guilty, the fingerprints of
  158  the defendant against whom such judgment is rendered shall be
  159  manually taken. Such fingerprints shall be affixed beneath the
  160  judge’s signature on the to any such judgment. Beneath such
  161  fingerprints shall be appended a certificate to the following
  162  effect:
  163  
  164         “I hereby certify that the above and foregoing fingerprints
  165  are of the defendant, ...(name)..., and that they were placed
  166  thereon by said defendant in my presence, in open court, this
  167  the .... day of ...., ...(year)....”
  168  
  169  Such certificate shall be signed by the judge, whose signature
  170  thereto shall be followed by the word “Judge.”
  171         (b) For an electronic judgment of guilty, s. 921.241(3)(b)
  172  applies.
  173         (2) A Any such written or an electronic judgment of guilty,
  174  or a certified copy thereof, shall be admissible in evidence in
  175  the several courts of this state as provided in s. 921.241(4)
  176  prima facie evidence that the fingerprints appearing thereon and
  177  certified by the judge as aforesaid are the fingerprints of the
  178  defendant against whom such judgment of guilty was rendered.
  179         Section 4. For the purpose of incorporating the amendment
  180  made by this act to section 921.241, Florida Statutes, in a
  181  reference thereto, paragraphs (a), (b), and (c) of subsection
  182  (3) of section 775.084, Florida Statutes, are reenacted to read:
  183         775.084 Violent career criminals; habitual felony offenders
  184  and habitual violent felony offenders; three-time violent felony
  185  offenders; definitions; procedure; enhanced penalties or
  186  mandatory minimum prison terms.—
  187         (3)(a) In a separate proceeding, the court shall determine
  188  if the defendant is a habitual felony offender or a habitual
  189  violent felony offender. The procedure shall be as follows:
  190         1. The court shall obtain and consider a presentence
  191  investigation prior to the imposition of a sentence as a
  192  habitual felony offender or a habitual violent felony offender.
  193         2. Written notice shall be served on the defendant and the
  194  defendant’s attorney a sufficient time prior to the entry of a
  195  plea or prior to the imposition of sentence in order to allow
  196  the preparation of a submission on behalf of the defendant.
  197         3. Except as provided in subparagraph 1., all evidence
  198  presented shall be presented in open court with full rights of
  199  confrontation, cross-examination, and representation by counsel.
  200         4. Each of the findings required as the basis for such
  201  sentence shall be found to exist by a preponderance of the
  202  evidence and shall be appealable to the extent normally
  203  applicable to similar findings.
  204         5. For the purpose of identification of a habitual felony
  205  offender or a habitual violent felony offender, the court shall
  206  fingerprint the defendant pursuant to s. 921.241.
  207         6. For an offense committed on or after October 1, 1995, if
  208  the state attorney pursues a habitual felony offender sanction
  209  or a habitual violent felony offender sanction against the
  210  defendant and the court, in a separate proceeding pursuant to
  211  this paragraph, determines that the defendant meets the criteria
  212  under subsection (1) for imposing such sanction, the court must
  213  sentence the defendant as a habitual felony offender or a
  214  habitual violent felony offender, subject to imprisonment
  215  pursuant to this section unless the court finds that such
  216  sentence is not necessary for the protection of the public. If
  217  the court finds that it is not necessary for the protection of
  218  the public to sentence the defendant as a habitual felony
  219  offender or a habitual violent felony offender, the court shall
  220  provide written reasons; a written transcript of orally stated
  221  reasons is permissible, if filed by the court within 7 days
  222  after the date of sentencing. Each month, the court shall submit
  223  to the Office of Economic and Demographic Research of the
  224  Legislature the written reasons or transcripts in each case in
  225  which the court determines not to sentence a defendant as a
  226  habitual felony offender or a habitual violent felony offender
  227  as provided in this subparagraph.
  228         (b) In a separate proceeding, the court shall determine if
  229  the defendant is a three-time violent felony offender. The
  230  procedure shall be as follows:
  231         1. The court shall obtain and consider a presentence
  232  investigation prior to the imposition of a sentence as a three
  233  time violent felony offender.
  234         2. Written notice shall be served on the defendant and the
  235  defendant’s attorney a sufficient time prior to the entry of a
  236  plea or prior to the imposition of sentence in order to allow
  237  the preparation of a submission on behalf of the defendant.
  238         3. Except as provided in subparagraph 1., all evidence
  239  presented shall be presented in open court with full rights of
  240  confrontation, cross-examination, and representation by counsel.
  241         4. Each of the findings required as the basis for such
  242  sentence shall be found to exist by a preponderance of the
  243  evidence and shall be appealable to the extent normally
  244  applicable to similar findings.
  245         5. For the purpose of identification of a three-time
  246  violent felony offender, the court shall fingerprint the
  247  defendant pursuant to s. 921.241.
  248         6. For an offense committed on or after the effective date
  249  of this act, if the state attorney pursues a three-time violent
  250  felony offender sanction against the defendant and the court, in
  251  a separate proceeding pursuant to this paragraph, determines
  252  that the defendant meets the criteria under subsection (1) for
  253  imposing such sanction, the court must sentence the defendant as
  254  a three-time violent felony offender, subject to imprisonment
  255  pursuant to this section as provided in paragraph (4)(c).
  256         (c) In a separate proceeding, the court shall determine
  257  whether the defendant is a violent career criminal with respect
  258  to a primary offense committed on or after October 1, 1995. The
  259  procedure shall be as follows:
  260         1. Written notice shall be served on the defendant and the
  261  defendant’s attorney a sufficient time prior to the entry of a
  262  plea or prior to the imposition of sentence in order to allow
  263  the preparation of a submission on behalf of the defendant.
  264         2. All evidence presented shall be presented in open court
  265  with full rights of confrontation, cross-examination, and
  266  representation by counsel.
  267         3. Each of the findings required as the basis for such
  268  sentence shall be found to exist by a preponderance of the
  269  evidence and shall be appealable only as provided in paragraph
  270  (d).
  271         4. For the purpose of identification, the court shall
  272  fingerprint the defendant pursuant to s. 921.241.
  273         5. For an offense committed on or after October 1, 1995, if
  274  the state attorney pursues a violent career criminal sanction
  275  against the defendant and the court, in a separate proceeding
  276  pursuant to this paragraph, determines that the defendant meets
  277  the criteria under subsection (1) for imposing such sanction,
  278  the court must sentence the defendant as a violent career
  279  criminal, subject to imprisonment pursuant to this section
  280  unless the court finds that such sentence is not necessary for
  281  the protection of the public. If the court finds that it is not
  282  necessary for the protection of the public to sentence the
  283  defendant as a violent career criminal, the court shall provide
  284  written reasons; a written transcript of orally stated reasons
  285  is permissible, if filed by the court within 7 days after the
  286  date of sentencing. Each month, the court shall submit to the
  287  Office of Economic and Demographic Research of the Legislature
  288  the written reasons or transcripts in each case in which the
  289  court determines not to sentence a defendant as a violent career
  290  criminal as provided in this subparagraph.
  291         Section 5. This act shall take effect July 1, 2018.