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:
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14 Amendment (with title amendment)
15 Remove everything after the enacting clause
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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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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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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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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:
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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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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
hcp0006 02:21 pm 00861-cpcs-413479