SENATE AMENDMENT
    Bill No. CS for CS for SB 1492
    Amendment No. ___   Barcode 513810
                            CHAMBER ACTION
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       04/25/2003 02:05 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 57, between lines 27 and 28,
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16  insert:  
17         Section 40.  Effective July 1, 2004, section 775.083,
18  Florida Statutes, is amended to read:
19         775.083  Fines.--
20         (1)  A person who has been convicted of an offense
21  other than a capital felony may be sentenced to pay a fine in
22  addition to any punishment described in s. 775.082; when
23  specifically authorized by statute, he or she may be sentenced
24  to pay a fine in lieu of any punishment described in s.
25  775.082.  A person who has been convicted of a noncriminal
26  violation may be sentenced to pay a fine. Fines for designated
27  crimes and for noncriminal violations shall not exceed:
28         (a)  $15,000, when the conviction is of a life felony.
29         (b)  $10,000, when the conviction is of a felony of the
30  first or second degree.
31         (c)  $5,000, when the conviction is of a felony of the
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    10:51 AM   04/23/03                              s1492.ap14.7a

SENATE AMENDMENT Bill No. CS for CS for SB 1492 Amendment No. ___ Barcode 513810 1 third degree. 2 (d) $1,000, when the conviction is of a misdemeanor of 3 the first degree. 4 (e) $500, when the conviction is of a misdemeanor of 5 the second degree or a noncriminal violation. 6 (f) Any higher amount equal to double the pecuniary 7 gain derived from the offense by the offender or double the 8 pecuniary loss suffered by the victim. 9 (g) Any higher amount specifically authorized by 10 statute. 11 12 Fines imposed in this subsection shall be deposited by the 13 clerk of the court in the fine and forfeiture fund established 14 pursuant to s. 142.01. If a defendant is unable to pay a fine, 15 the court may defer payment of the fine to a date certain. 16 (2)(a) In addition to the fines set forth in 17 subsection (1), court costs shall be assessed and collected in 18 each instance a defendant pleads nolo contendere to, or is 19 convicted of, or adjudicated delinquent for, a felony, a 20 misdemeanor, or a criminal traffic offense under state law, or 21 a violation of any municipal or county ordinance if the 22 violation constitutes a misdemeanor under state law. The 23 court costs imposed by this section shall be $50 for a felony 24 and $20 for any other offense and shall be deposited by the 25 clerk of the court in the fine and forfeiture fund established 26 pursuant to s. 142.01. A county may adopt an ordinance 27 imposing, in addition to any other fine, penalty, or cost 28 imposed by subsection (1) or any other provision of law, a 29 fine upon any person who, with respect to a charge, 30 indictment, or prosecution commenced in that county, pleads 31 guilty or nolo contendere to, or is convicted of or 2 10:51 AM 04/23/03 s1492.ap14.7a
SENATE AMENDMENT Bill No. CS for CS for SB 1492 Amendment No. ___ Barcode 513810 1 adjudicated delinquent for, a felony, a misdemeanor, or a 2 criminal traffic offense under state law, or a violation of 3 any municipal or county ordinance if the violation constitutes 4 a misdemeanor under state law. 5 (b) The fine is $50 for a felony and $20 for any other 6 offense. When the defendant enters the plea or is convicted or 7 adjudicated, in a court in that county, the court may order 8 the defendant to pay such fine if the court finds that the 9 defendant has the ability to pay the fine and that the 10 defendant would not be prevented thereby from being 11 rehabilitated or making restitution. 12 (c) The clerk of the court shall collect and deposit 13 the fines in an appropriate county account for disbursement 14 for the purposes provided in this subsection. 15 (d) A county that imposes the additional fines 16 authorized under this subsection shall account for the fines 17 separately from other county funds, as crime prevention funds. 18 The county, in consultation with the sheriff, must expend such 19 fines for the costs of collecting the fines and for crime 20 prevention programs in the county, including safe neighborhood 21 programs under ss. 163.501-163.523. 22 (3) The purpose of this section is to provide uniform 23 penalty authorization for criminal offenses and, to this end, 24 a reference to this section constitutes a general reference 25 under the doctrine of incorporation by reference. 26 27 (Redesignate subsequent sections.) 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 3 10:51 AM 04/23/03 s1492.ap14.7a
SENATE AMENDMENT Bill No. CS for CS for SB 1492 Amendment No. ___ Barcode 513810 1 On page 7, between lines 11 and 12, 2 3 insert: 4 amending s. 775.083, F.S.; deleting provisions 5 authorizing counties to impose and collect 6 additional fines to be used to pay for local 7 crime prevention programs; providing for the 8 disposition of fines and costs; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:51 AM 04/23/03 s1492.ap14.7a