Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 748
       
       
       
       
       
       
                                Ì213074ÈÎ213074                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2021           .                                
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       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 200 - 340
    4  and insert:
    5         2. A At the time a defendant is found guilty of petit
    6  theft, the judge shall cause the following to occur in open
    7  court and in the judge’s presence:
    8         a. For a written judgment of guilty, the fingerprints of a
    9  the defendant who is found guilty of petit theft to against whom
   10  such judgment is rendered shall be manually taken or
   11  electronically captured and affixed beneath the judge’s
   12  signature on the judgment. Beneath Such fingerprints must be
   13  certified and filed in the case in which the judgment of guilty
   14  is entered as provided in s. 921.241(3). shall be appended a
   15  certificate to the following effect:
   16  
   17         “I hereby certify that the above and foregoing fingerprints
   18  on this judgment are the fingerprints of the defendant, ....,
   19  and that they were placed thereon by said defendant in my
   20  presence, in open court, this the .... day of ....,
   21  ...(year)....”
   22  
   23  Such certificate shall be signed by the judge, whose signature
   24  thereto shall be followed by the word “Judge.”
   25         b. For an electronic judgment of guilty, the fingerprints
   26  of the defendant must be electronically captured and a
   27  certificate must be issued as provided in s. 921.241(3)(b).
   28         3. A written or an electronic judgment of guilty of a petit
   29  theft, or a certified copy thereof, is admissible in evidence in
   30  the courts of this state as provided in s. 921.241(4).
   31         Section 10. Section 921.241, Florida Statutes, is amended
   32  to read:
   33         921.241 Felony judgments and ; fingerprints and social
   34  security number required in record.—
   35         (1) As used in this section, the term:
   36         (a) “Electronic signature” has the same meaning as in s.
   37  933.40.
   38         (b) “Transaction control number” means the unique
   39  identifier comprised of numbers, letters, or other symbols for a
   40  digital fingerprint record generated by the device used to
   41  electronically capture the fingerprints.
   42         (2) A judgment of guilty or not guilty of a felony must
   43  shall be in:
   44         (a) A written record that is signed by the judge and
   45  recorded by the clerk of the court; or
   46         (b) An electronic record that contains the judge’s
   47  electronic signature and is recorded by the clerk of the court.
   48         (3) A At the time a defendant is found guilty of a felony,
   49  the judge shall cause the following to occur in open court and
   50  in the judge’s presence:
   51         (a) For a written judgment of guilty, the fingerprints of a
   52  the defendant who is found guilty of a felony to shall be
   53  manually taken or electronically captured. If the fingerprints
   54  are:
   55         (a)Manually taken, the fingerprints must be filed in the
   56  case in which and affixed beneath the judge’s signature on the
   57  judgment of guilty is entered. Beneath such fingerprints shall
   58  be appended a certification certificate to the following effect:
   59  
   60         “I hereby certify that the above and foregoing fingerprints
   61  on this judgment are the fingerprints of the defendant, ....,
   62  and that they were placed thereon by said defendant in my
   63  presence, in open court, this the .... day of ....,
   64  ...(year)....”
   65  
   66  The court officer, the employee of the court, or the employee of
   67  a criminal justice agency who manually took the fingerprints
   68  shall place his or her written signature on the certification.
   69  Such certificate shall be signed by the judge, whose signature
   70  thereto shall be followed by the word “Judge.”
   71         (b) For an electronic judgment of guilty, the fingerprints
   72  of the defendant shall be Electronically captured, and the
   73  following certification must certificate shall be filed in the
   74  case in which included in the electronic judgment of guilty is
   75  entered:
   76  
   77         “I hereby certify that the digital fingerprint record
   78  associated with Transaction Control Number .... contains the
   79  fingerprints of the defendant, ...., which were electronically
   80  captured from the defendant in my presence, in open court, this
   81  the .... day of ...., ...(year)....”
   82  
   83  The court officer, the employee of the court, or the employee of
   84  a criminal justice agency who electronically captured the
   85  fingerprints judge shall place his or her written or electronic
   86  signature, which shall be followed by the word “Judge,” on the
   87  certification certificate.
   88         (4) A written or electronic judgment of guilty, or a
   89  certified copy thereof, is shall be admissible in evidence in
   90  the several courts of this state as prima facie evidence that
   91  the:
   92         (a) Manual fingerprints filed in the case in which the
   93  judgment of guilty is entered appearing thereon and certified by
   94  the judge as specified in this section aforesaid are the
   95  fingerprints of the defendant against whom the judgment of
   96  guilty was rendered.
   97         (b) Digital fingerprint record associated with the
   98  transaction control number specified in the certification
   99  required by this section and filed in the case in which the
  100  judgment of guilty is entered judge’s certificate contains the
  101  fingerprints of the defendant against whom the judgment of
  102  guilty was rendered.
  103         (5) At the time the defendant’s fingerprints are manually
  104  taken or electronically captured, the judge shall also cause the
  105  defendant’s social security number to be taken. The defendant’s
  106  social security number shall be specified in each written or
  107  electronic judgment of guilty of a felony, in open court, in the
  108  presence of such judge, and at the time the judgment is
  109  rendered. If the defendant is unable or unwilling to provide his
  110  or her social security number, the reason for its absence shall
  111  be specified in the written or electronic judgment.
  112         Section 11. Section 921.242, Florida Statutes, is amended
  113  to read:
  114         921.242 Subsequent offenses under chapter 796; method of
  115  proof applicable.—
  116         (1) A judgment of guilty with respect to any offense
  117  governed by the provisions of chapter 796 must shall be in:
  118         (a) A written record that is signed by the judge and
  119  recorded by the clerk of the circuit court; or
  120         (b) An electronic record that contains the judge’s
  121  electronic signature as defined in s. 933.40 and is recorded by
  122  the clerk of the circuit court.
  123         (2) A At the time a defendant is found guilty, the judge
  124  shall cause the following to occur in open court and in the
  125  judge’s presence:
  126         (a) For a written judgment of guilty, the fingerprints of a
  127  the defendant who is found guilty of any offense governed by
  128  chapter 796 to against whom such judgment is rendered shall be
  129  manually taken or electronically captured. and affixed beneath
  130  the judge’s signature on the judgment. Beneath Such fingerprints
  131  must be certified and filed in the case in which the judgment of
  132  guilty is entered as provided in s. 921.241(3). shall be
  133  appended a certificate to the following effect:
  134  
  135         “I hereby certify that the above and foregoing fingerprints
  136  are of the defendant, ...(name)..., and that they were placed
  137  thereon by said defendant in my presence, in open court, this
  138  the .... day of ...., ...(year)....”
  139  
  140  Such certificate shall be signed by the judge, whose signature
  141  thereto shall be followed by the word “Judge.”
  142         (b) For an electronic judgment of guilty, the fingerprints
  143  of the defendant must be electronically captured, and a
  144  certificate must be issued as provided in s. 921.241(3)(b).