Senate Bill 1796c1

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    Florida Senate - 2000                           CS for SB 1796

    By the Committee on Criminal Justice and Senator McKay





    307-1808-00

  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         16.55, F.S., relating to development and

  8         distribution of model crime prevention training

  9         materials for county and municipal governments;

10         amending s. 27.181, F.S.; deleting obsolete

11         provisions relating to termination of the

12         office of assistant state attorney and creation

13         of the position of assistant state attorney;

14         amending s. 27.58, F.S., relating to the effect

15         of general law on certain local laws or

16         ordinances providing for a public defender or

17         assigned defence counsel;  repealing s.

18         213.305, F.S., relating to the applicability of

19         penalties provided by ss. 49-98 of ch. 87-6,

20         Laws of Florida, to the failure to pay certain

21         unpaid taxes; providing an effective date.

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

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25         Section 1.  Section 16.55, Florida Statutes, is

26  repealed.

27         Section 2.  Section 27.181, Florida Statutes, is

28  amended to read:

29         27.181  Assistant state attorneys; appointment, term;

30  powers and duties; compensation.--

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    Florida Senate - 2000                           CS for SB 1796
    307-1808-00




  1         (1)  Upon the expiration of the term of office being

  2  served by each assistant state attorney who holds such office

  3  on the date this act becomes effective, such office shall

  4  stand abolished. Also, each office of assistant state attorney

  5  not held by an incumbent on the date this act becomes

  6  effective shall stand abolished on the effective date hereof.

  7  Upon the abolition of any office of assistant state attorney

  8  under the provisions of this act, there shall thereupon be a

  9  position of assistant state attorney in lieu of such office.

10  The state attorney of the judicial circuit in which any such

11  position is created shall appoint an assistant state attorney

12  to hold such position and shall thereafter fill by appointment

13  such vacancies in such position as may from time to time

14  occur.  For the purposes of this act, the term of office being

15  served by an assistant state attorney on the effective date of

16  this act shall be deemed to have expired if it expires by

17  reason of the passage of time or if he or she should die or

18  resign or be removed from office during such term. In the

19  event that any position of assistant state attorney, with a

20  salary to be paid from state funds, shall hereafter be created

21  by law in addition to the positions provided for by this act,

22  the state attorney of the judicial circuit for which such

23  additional position is created shall fill the same, and all

24  vacancies therein, by appointment.

25         (1)(2)  Each assistant state attorney appointed by a

26  state attorney under the authorization of this act shall serve

27  during the pleasure of the state attorney appointing him or

28  her.  Each such appointment shall be in writing and shall be

29  recorded in the office of the clerk of the circuit court of

30  the county in which the appointing state attorney resides.  No

31  such appointee shall perform any of the duties of assistant

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    Florida Senate - 2000                           CS for SB 1796
    307-1808-00




  1  state attorney until he or she shall have taken and subscribed

  2  to a written oath that he or she will faithfully perform the

  3  duties of assistant state attorney and shall have caused the

  4  oath same to be recorded in the office of the clerk of the

  5  circuit court of the county in which the appointing state

  6  attorney resides.  Upon the recordation of such appointment

  7  and oath, the appointing state attorney shall promptly cause

  8  certified copies thereof to be transmitted to the Secretary of

  9  State.  When any such appointment shall be revoked, the

10  revocation thereof shall be made in writing and shall be

11  recorded in the office of the clerk of the circuit court of

12  the county in which the appointment is recorded, and the state

13  attorney executing the revocation same shall forthwith cause a

14  certified copy thereof to be transmitted to the Secretary of

15  State.  If any such appointee dies or resigns, the appointing

16  state attorney shall promptly give written notice of such

17  death or resignation to the Secretary of State.

18         (2)(3)  Each assistant state attorney appointed by a

19  state attorney under the authorization of this act shall have

20  all of the powers and discharge all of the duties of the state

21  attorney appointing him or her, under the direction of that

22  said state attorney.  No such assistant state attorney may

23  sign informations unless specifically designated to do so by

24  the state attorney. He or she shall sign indictments,

25  informations, and other official documents, as assistant state

26  attorney, and, when so signed, such indictments, informations,

27  and documents the same shall have the same force and effect as

28  if signed by the state attorney.

29         (3)(4)  Until otherwise provided by law, each assistant

30  state attorney appointed by a state attorney under the

31  authorization of this section shall receive the allowances for

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    Florida Senate - 2000                           CS for SB 1796
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  1  expenses provided by law at the time of appointment, to be

  2  paid in accordance with such law.  The salary for each

  3  assistant state attorney shall be set by the state attorney of

  4  the same judicial circuit in an amount not to exceed 100

  5  percent of that state attorney's salary and shall be paid from

  6  funds appropriated for that purpose. However, the assistant

  7  state attorneys who serve in less than a full-time capacity

  8  shall be compensated for services performed in an amount in

  9  proportion to the salary allowed for full-time services.

10         Section 3.  Section 27.58, Florida Statutes, is amended

11  to read:

12         27.58  Administration of Public Defender Services

13  Existing laws.--This act shall not repeal but shall be

14  supplementary to any local law or ordinance heretofore

15  providing for a public defender or assigned defense counsel in

16  any county or counties of the state, and the public defender

17  in such county or counties may continue to operate under such

18  prior act or ordinance to the extent determined by the board

19  of county commissioners thereof; provided, however, that The

20  public defender of each judicial circuit of the state shall be

21  the chief administrator of all public defender services within

22  the circuit whether such services are rendered by the state or

23  county public defenders.

24         Section 4.  Section 213.305, Florida Statutes, is

25  repealed.

26         Section 5.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2000                           CS for SB 1796
    307-1808-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1796

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  4  -     Revises the catch line in s. 27.58, F.S., to more
          accurately describe the language which will remain in
  5        that statute.

  6  -     Restores current law by deleting sections of the bill
          which repeal language that is not obsolete.
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