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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 861

    Amendment No. 02 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  The Committee on Crime Prevention, Corrections & Safety

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Subsection (3) of section 27.345, Florida

19  Statutes, is amended to read:

20         27.345  State Attorney RICO Trust Fund; authorized use

21  of funds; reporting.--

22         (3)  Each state attorney that has established a State

23  Attorney RICO Trust Fund shall report to the Executive Office

24  of the Governor annually by November 15, commencing in 1985,

25  the amounts recovered pursuant to this section for the

26  previous fiscal year.

27         Section 2.  Paragraph (d) of subsection (9) of section

28  775.082, Florida Statutes, is amended to read:

29         775.082  Penalties; applicability of sentencing

30  structures; mandatory minimum sentences for certain

31  reoffenders previously released from prison.--

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    File original & 9 copies    02/07/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 861

    Amendment No. 02 (for drafter's use only)





  1         (9)

  2         (d)1.  It is the intent of the Legislature that

  3  offenders previously released from prison who meet the

  4  criteria in paragraph (a) be punished to the fullest extent of

  5  the law and as provided in this subsection, unless the state

  6  attorney determines that extenuating circumstances exist which

  7  preclude the just prosecution of the offender, including

  8  whether the victim recommends that the offender not be

  9  sentenced as provided in this subsection.

10         2.  For every case in which the offender meets the

11  criteria in paragraph (a) and does not receive the mandatory

12  minimum prison sentence, the state attorney must explain the

13  sentencing deviation in writing and place such explanation in

14  the case file maintained by the state attorney. On a quarterly

15  basis, each state attorney shall submit copies of deviation

16  memoranda regarding offenses committed on or after the

17  effective date of this subsection, to the president of the

18  Florida Prosecuting Attorneys Association, Inc. The

19  association must maintain such information, and make such

20  information available to the public upon request, for at least

21  a 10-year period.

22         Section 3.  Subsection (3) of Section 775.08401,

23  Florida Statutes, is amended to read:

24         (3)(a)  A deviation from this criteria must be

25  explained in writing, signed by the state attorney, and placed

26  in the case file maintained by the state attorney.

27         (b)  On a quarterly basis, each state attorney shall

28  submit copies of deviation memoranda regarding offenses

29  committed on or after October 1, 1995, to the president of the

30  Florida Prosecuting Attorneys Association, Inc. The

31  association must maintain such information for at least a

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    File original & 9 copies    02/07/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 861

    Amendment No. 02 (for drafter's use only)





  1  10-year period.

  2         Section 4.  Section 27.365, subsection (7) of section

  3  39.205, and subsection (6) of section 415.111, Florida

  4  Statutes, are repealed.

  5         Section 5.  This act shall take effect July 1, 2002.

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  7

  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10         On page 1, line 2,

11  remove:

12

13  and insert:

14         An act relating to state attorneys; amending s.

15         27.345, F.S., relating to the State Attorney

16         RICO Trust Fund; revising reporting

17         requirements; amending s. 775.082, F.S.;

18         revising requirements for explanation,

19         submission, and maintenance of sentencing

20         deviation reports for prison release

21         reoffenders who do not receive the mandatory

22         minimum sentence; repealing s. 27.365, F.S.,

23         relating to the annual report by the Florida

24         Prosecuting Attorneys Association regarding

25         prosecutions under ss. 794.011, 794.05, 800.04,

26         and 827.04(3), F.S.; repealing s. 39.205(7),

27         F.S., relating to establishment and publication

28         of procedures for prosecution of persons under

29         s. 39.205, F.S., and reports on the disposition

30         of complaints relating to reporting of child

31         abuse, abandonment, or neglect; repealing s.

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    File original & 9 copies    02/07/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 861

    Amendment No. 02 (for drafter's use only)





  1         415.111(6), F.S., relating to establishment and

  2         publication of procedures for prosecution of

  3         persons under s. 415.111, F.S., and reports on

  4         the disposition of complaints relating to

  5         reporting of abuse, neglect, or exploitation of

  6         vulnerable adults; amending s. 775.08401(3),

  7         F.S.; revising requirements for explanation,

  8         submission, and maintenance of sentencing

  9         deviation reports relating to eligibility

10         criteria for sentencing of habitual offenders,

11         habitual violent felony offenders, and violent

12         career criminals; providing an effective date.

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    File original & 9 copies    02/07/02
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