Senate Bill sb0948c1
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Florida Senate - 2002 CS for SB 948
By the Committee on Criminal Justice; and Senator Smith
307-2063-02
1 A bill to be entitled
2 An act relating to state attorneys; amending s.
3 27.345, F.S., relating to the State Attorney
4 RICO Trust Fund; revising reporting
5 requirements; amending s. 775.082, F.S.;
6 revising requirements for explanation,
7 submission, and maintenance of sentencing
8 deviation reports for prison release
9 reoffenders who do not receive the mandatory
10 minimum sentence; amending s. 775.08401, F.S.;
11 revising requirements for explanation,
12 submission, and maintenance of sentencing
13 deviation reports relating to eligibility
14 criteria for sentencing of habitual offenders,
15 habitual violent felony offenders, and violent
16 career criminals; repealing s. 27.365, F.S.,
17 relating to the annual report by the Florida
18 Prosecuting Attorneys Association regarding
19 prosecutions under ss. 794.011, 794.05, 800.04,
20 827.04(3), F.S.; repealing s. 39.205(7), F.S.,
21 relating to establishment and publication of
22 procedures for prosecution of persons under s.
23 39.205, F.S., and reports on the disposition of
24 complaints relating to reporting of child
25 abuse, abandonment, or neglect; repealing s.
26 415.111(6), F.S., relating to establishment and
27 publication of procedures for prosecution of
28 persons under s. 415.111, F.S., and reports on
29 the disposition of complaints relating to
30 reporting of abuse, neglect, or exploitation of
31 vulnerable adults; providing an effective date.
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Florida Senate - 2002 CS for SB 948
307-2063-02
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (3) of section 27.345, Florida
4 Statutes, is amended to read:
5 27.345 State Attorney RICO Trust Fund; authorized use
6 of funds; reporting.--
7 (3) Each state attorney that has established a State
8 Attorney RICO Trust Fund shall report to the Executive Office
9 of the Governor annually by November 15, commencing in 1985,
10 the amounts recovered pursuant to this section for the
11 previous fiscal year.
12 Section 2. Paragraph (d) of subsection (9) of section
13 775.082, Florida Statutes, is amended to read:
14 775.082 Penalties; applicability of sentencing
15 structures; mandatory minimum sentences for certain
16 reoffenders previously released from prison.--
17 (9)
18 (d)1. It is the intent of the Legislature that
19 offenders previously released from prison who meet the
20 criteria in paragraph (a) be punished to the fullest extent of
21 the law and as provided in this subsection, unless the state
22 attorney determines that extenuating circumstances exist which
23 preclude the just prosecution of the offender, including
24 whether the victim recommends that the offender not be
25 sentenced as provided in this subsection.
26 2. For every case in which the offender meets the
27 criteria in paragraph (a) and does not receive the mandatory
28 minimum prison sentence, the state attorney must explain the
29 sentencing deviation in writing and place such explanation in
30 the case file maintained by the state attorney. On a quarterly
31 basis, each state attorney shall submit copies of deviation
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Florida Senate - 2002 CS for SB 948
307-2063-02
1 memoranda regarding offenses committed on or after the
2 effective date of this subsection, to the president of the
3 Florida Prosecuting Attorneys Association, Inc. The
4 association must maintain such information, and make such
5 information available to the public upon request, for at least
6 a 10-year period.
7 Section 3. Subsection (3) of section 775.08401,
8 Florida Statutes, is amended to read:
9 775.08401 Habitual offenders and habitual violent
10 felony offenders; violent career criminals; eligibility
11 criteria.--
12 (3)(a) A deviation from these this criteria must be
13 explained in writing, signed by the state attorney, and placed
14 in the case file maintained by the state attorney.
15 (b) On a quarterly basis, each state attorney shall
16 submit copies of deviation memoranda regarding offenses
17 committed on or after October 1, 1995, to the president of the
18 Florida Prosecuting Attorneys Association, Inc. The
19 association must maintain such information for at least a
20 10-year period.
21 Section 4. Section 27.365, subsection (7) of section
22 39.205, and subsection (6) of section 415.111, Florida
23 Statutes, are repealed.
24 Section 5. This act shall take effect July 1, 2002.
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Florida Senate - 2002 CS for SB 948
307-2063-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 948
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4 - Amends s. 27.345(3), F.S., to clarity that only those
state attorneys' offices that have established a RICO
5 Trust Fund need file the report required by that
subsection.
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- Maintains the requirements in current law regarding
7 maintaining records of deviations in sentencing of
prison releasee reoffenders and deviations from the
8 statutory scheme for the prosecution of habitual felony
offenders, habitual violent felony offenders, and
9 violent career criminals.
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