House Bill 3569

    Florida House of Representatives - 1998                HB 3569

        By Representative Reddick






  1                      A bill to be entitled

  2         An act relating to prosecutions; amending s.

  3         27.365, F.S, relating to the annual report by

  4         the Florida Prosecuting Attorneys Association

  5         regarding prosecutions; requiring inclusion of

  6         certain additional information in the report on

  7         victim notification; requiring inclusion of

  8         certain dispositional information for cases

  9         involving domestic violence, violations of

10         injunctions for protection against domestic

11         violence or repeat violence, stalking, or

12         sexual battery; specifying that the report

13         shall be made available for public inspection;

14         removing obsolete provision; conforming a

15         reference; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 27.365, Florida Statutes, is

20  amended to read:

21         27.365  Florida Prosecuting Attorneys Association;

22  annual report regarding prosecutions.--By February 1st of each

23  year beginning in 1997, the Florida Prosecuting Attorneys

24  Association shall report to the President and Minority Leader

25  of the Senate, the Speaker and Minority Leader of the House of

26  Representatives, and to the appropriate substantive committees

27  of each chamber regarding:

28         (1)  Prosecutions for offenses during the previous

29  calendar year under ss. 794.011, 794.05, 800.04, and 827.04(3)

30  (4) when the victim of the offense was less than 18 years of

31  age. This report must include, by judicial circuit, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3569

    146-224-98






  1  following information in summary format for each offense: the

  2  initial charge in each case; the age of the victim and the age

  3  of the offender; the charge ultimately prosecuted, if any;

  4  whether the case went to trial or was resolved by plea

  5  agreement; whether the state attorney notified the victim or

  6  victim's next of kin of the filing decision made by the state

  7  attorney; and either the sentence imposed in each case, or the

  8  status of each case on December 31st of the previous year.

  9         (2)  Dispositions of cases during the previous calendar

10  year for which there has been an arrest for a crime of

11  domestic violence as defined in s. 741.28, a violation of an

12  injunction for protection against domestic violence under s.

13  741.31, a violation of an injunction for protection against

14  repeat violence under s. 784.047, stalking under s. 784.048,

15  or sexual battery under chapter 794.  The report must include,

16  by judicial circuit and in summary format for each case,

17  complete dispositional information related to the case,

18  including, but not limited to:

19         (a)  The filing decision made by the state attorney on

20  whether:

21         1.  To decline to prosecute the crime;

22         2.  To dismiss the criminal charges filed against the

23  defendant;

24         3.  To enter into a plea agreement; or

25         4.  To proceed to full prosecution of the crime; and

26         (b)  Specific information on whether in each case the

27  state attorney has notified the victim or victim's next of kin

28  of the filing decision.

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30  The names of sexual offense victims and other information that

31  is confidential or exempt from public record requirements

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    Florida House of Representatives - 1998                HB 3569

    146-224-98






  1  shall not be included in the report, and the report shall be

  2  made available for public inspection and copying.

  3         Section 2.  This act shall take effect July 1 of the

  4  year in which enacted.

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  7                          HOUSE SUMMARY

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      Revises requirements for contents of the annual report by
  9    the Florida Prosecuting Attorneys Association regarding
      prosecutions. Requires inclusion of certain additional
10    information in the report on victim notification.
      Requires inclusion of certain dispositional information
11    for cases involving domestic violence, violations of
      injunctions for protection against domestic violence or
12    repeat violence, stalking, or sexual battery. Specifies
      that the report shall be made available for public
13    inspection.

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