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.

27

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  2  Florida Statutes, are repealed.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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CODING: Words stricken are deletions; words underlined are additions.