Senate Bill sb0948
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Florida Senate - 2002 SB 948
By Senator Smith
5-559-02
1 A bill to be entitled
2 An act relating to state attorneys; repealing
3 s. 27.345(3), F.S., which provides for a report
4 of amounts recovered in a State Attorney RICO
5 Trust Fund; repealing s. 27.365, F.S., which
6 provides for an annual report by the Florida
7 Prosecuting Attorneys Association; repealing s.
8 39.205(7), F.S., which provides for an annual
9 report to the Legislature regarding the number
10 of complaints resulting in the filing of an
11 information or indictment for child abuse,
12 abandonment, or neglect; repealing s.
13 415.111(6), F.S., which provides for an annual
14 report to the Legislature regarding the number
15 of complaints resulting in the filing of an
16 information or indictment for abuse, neglect,
17 or exploitation of a vulnerable adult;
18 repealing s. 775.08401(3), F.S., which provides
19 for a quarterly report to the Florida
20 Prosecuting Attorneys Association regarding
21 habitual felony offenders; amending s. 775.082,
22 F.S.; eliminating a quarterly report to the
23 Florida Prosecuting Attorneys Association
24 regarding sentencing deviations from mandatory
25 minimum prison sentences; providing an
26 effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Subsection (3) of section 27.345, section
31 27.365, subsection (7) of section 39.205, subsection (6) of
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Florida Senate - 2002 SB 948
5-559-02
1 section 415.111, and subsection (3) of section 775.08401,
2 Florida Statutes, are repealed.
3 Section 2. Paragraph (d) of subsection (9) of section
4 775.082, Florida Statutes, is amended to read:
5 775.082 Penalties; applicability of sentencing
6 structures; mandatory minimum sentences for certain
7 reoffenders previously released from prison.--
8 (9)
9 (d)1. It is the intent of the Legislature that
10 offenders previously released from prison who meet the
11 criteria in paragraph (a) be punished to the fullest extent of
12 the law and as provided in this subsection, unless the state
13 attorney determines that extenuating circumstances exist which
14 preclude the just prosecution of the offender, including
15 whether the victim recommends that the offender not be
16 sentenced as provided in this subsection.
17 2. For every case in which the offender meets the
18 criteria in paragraph (a) and does not receive the mandatory
19 minimum prison sentence, the state attorney must explain the
20 sentencing deviation in writing and place such explanation in
21 the case file maintained by the state attorney. On a quarterly
22 basis, each state attorney shall submit copies of deviation
23 memoranda regarding offenses committed on or after the
24 effective date of this subsection, to the president of the
25 Florida Prosecuting Attorneys Association, Inc. The
26 association must maintain such information, and make such
27 information available to the public upon request, for at least
28 a 10-year period.
29 Section 3. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2002 SB 948
5-559-02
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2 SENATE SUMMARY
3 Eliminates several reporting requirements of state
attorneys.
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