Florida Senate - 2010                              CS for SB 296
       
       
       
       By the Committee on Criminal Justice; and Senator Wise
       
       
       
       
       591-01250-10                                           2010296c1
    1                        A bill to be entitled                      
    2         An act relating to state attorneys; amending s.
    3         27.366, F.S.; deleting a provision that requires each
    4         state attorney to report why a case-qualified
    5         defendant did not receive the mandatory minimum prison
    6         sentence in cases involving the possession or use of a
    7         weapon; amending s. 775.082, F.S.; deleting a
    8         provision that requires each state attorney to report
    9         why a case-qualified defendant did not receive the
   10         mandatory minimum prison sentence in cases involving
   11         certain specified offenses; repealing s. 775.08401,
   12         F.S., relating to criteria to be used when state
   13         attorneys decide to pursue habitual felony offenders
   14         or habitual violent felony offenders; repealing s.
   15         775.087(5), F.S., relating to a provision that
   16         requires each state attorney to report why a case
   17         qualified defendant did not receive the mandatory
   18         minimum prison sentence in cases involving certain
   19         specified offenses; amending s. 903.286, F.S.;
   20         requiring the clerk of the court to withhold
   21         sufficient funds to pay any unpaid costs of
   22         prosecution from the return of a cash bond posted on
   23         behalf of a criminal defendant by a person other than
   24         a bail bond agent; amending s. 938.27, F.S.; providing
   25         that persons whose cases are disposed of under any
   26         diversionary alternative are liable for payment of the
   27         costs of prosecution; deleting provisions regarding
   28         the burden of establishing financial resources of the
   29         defendant; requiring the clerk of court to separately
   30         record each assessment and payment of costs of
   31         prosecution; requiring the clerk to prepare a monthly
   32         report to the state attorney’s office of the recorded
   33         assessments and payments; repealing s. 985.557(4),
   34         F.S., relating to direct-file policies and guidelines
   35         for juveniles; amending s. 775.0843, F.S.; conforming
   36         a cross-reference; providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 27.366, Florida Statutes, is amended to
   41  read:
   42         27.366 Legislative intent and policy in cases meeting
   43  criteria of s. 775.087(2) and (3); report.—
   44         (1) It is the intent of the Legislature that convicted
   45  criminal offenders who meet the criteria in s. 775.087(2) and
   46  (3) be sentenced to the minimum mandatory prison terms provided
   47  herein. It is the intent of the Legislature to establish zero
   48  tolerance of criminals who use, threaten to use, or avail
   49  themselves of firearms in order to commit crimes and thereby
   50  demonstrate their lack of value for human life. It is also the
   51  intent of the Legislature that prosecutors should appropriately
   52  exercise their discretion in those cases in which the offenders’
   53  possession of the firearm is incidental to the commission of a
   54  crime and not used in furtherance of the crime, used in order to
   55  commit the crime, or used in preparation to commit the crime.
   56  For every case in which the offender meets the criteria in this
   57  act and does not receive the mandatory minimum prison sentence,
   58  the state attorney must explain the sentencing deviation in
   59  writing and place such explanation in the case file maintained
   60  by the state attorney. On a quarterly basis, each state attorney
   61  shall submit copies of deviation memoranda regarding offenses
   62  committed on or after the effective date of this act to the
   63  President of the Florida Prosecuting Attorneys Association, Inc.
   64  The association must maintain such information and make such
   65  information available to the public upon request for at least a
   66  10-year period.
   67         (2)Effective July 1, 2000, each state attorney shall
   68  annually report to the Speaker of the House of Representatives,
   69  the President of the Senate, and the Executive Office of the
   70  Governor regarding the prosecution and sentencing of offenders
   71  who met the criteria in s. 775.087(2) and (3). The report must
   72  categorize the defendants by age, gender, race, and ethnicity.
   73  Cases in which a final disposition has not yet been reached
   74  shall be reported in a subsequent annual report.
   75         Section 2. Paragraph (d) of subsection (9) of section
   76  775.082, Florida Statutes, is amended to read:
   77         775.082 Penalties; applicability of sentencing structures;
   78  mandatory minimum sentences for certain reoffenders previously
   79  released from prison.—
   80         (9)
   81         (d)1. It is the intent of the Legislature that offenders
   82  previously released from prison who meet the criteria in
   83  paragraph (a) be punished to the fullest extent of the law and
   84  as provided in this subsection, unless the state attorney
   85  determines that extenuating circumstances exist which preclude
   86  the just prosecution of the offender, including whether the
   87  victim recommends that the offender not be sentenced as provided
   88  in this subsection.
   89         2.For every case in which the offender meets the criteria
   90  in paragraph (a) and does not receive the mandatory minimum
   91  prison sentence, the state attorney must explain the sentencing
   92  deviation in writing and place such explanation in the case file
   93  maintained by the state attorney. On an annual basis, each state
   94  attorney shall submit copies of deviation memoranda regarding
   95  offenses committed on or after the effective date of this
   96  subsection, to the president of the Florida Prosecuting
   97  Attorneys Association, Inc. The association must maintain such
   98  information, and make such information available to the public
   99  upon request, for at least a 10-year period.
  100         Section 3. Section 775.08401, Florida Statutes, is
  101  repealed.
  102         Section 4. Subsection (5) of section 775.087, Florida
  103  Statutes, is repealed.
  104         Section 5. Subsection (1) of section 903.286, Florida
  105  Statutes, is amended to read:
  106         903.286 Return of cash bond; requirement to withhold unpaid
  107  fines, fees, court costs; cash bond forms.—
  108         (1) Notwithstanding s. 903.31(2), the clerk of the court
  109  shall withhold from the return of a cash bond posted on behalf
  110  of a criminal defendant by a person other than a bail bond agent
  111  licensed pursuant to chapter 648 sufficient funds to pay any
  112  unpaid court fees, court costs, costs of prosecution, and
  113  criminal penalties. If sufficient funds are not available to pay
  114  all unpaid court fees, court costs, costs of prosecution, and
  115  criminal penalties, the clerk of the court shall immediately
  116  obtain payment from the defendant or enroll the defendant in a
  117  payment plan pursuant to s. 28.246.
  118         Section 6. Section 938.27, Florida Statutes, is amended to
  119  read:
  120         938.27 Judgment for costs on conviction and disposition.—
  121         (1) In all criminal and violation-of-probation or
  122  community-control cases, convicted persons and persons whose
  123  cases are disposed of under any diversionary alternative are
  124  liable for payment of the costs of prosecution, including
  125  investigative costs incurred by law enforcement agencies, by
  126  fire departments for arson investigations, and by investigations
  127  of the Department of Financial Services or the Office of
  128  Financial Regulation of the Financial Services Commission, if
  129  requested by such agencies. The court shall include these costs
  130  in every judgment rendered against the convicted person. For
  131  purposes of this section, “convicted” means a determination of
  132  guilt, or of violation of probation or community control, which
  133  is a result of a plea, trial, or violation proceeding,
  134  regardless of whether adjudication is withheld.
  135         (2)(a) The court shall impose the costs of prosecution and
  136  investigation notwithstanding the defendant’s present ability to
  137  pay. The court shall require the defendant to pay the costs
  138  within a specified period or in specified installments.
  139         (b) The end of such period or the last such installment
  140  shall not be later than:
  141         1. The end of the period of probation or community control,
  142  if probation or community control is ordered;
  143         2. Five years after the end of the term of imprisonment
  144  imposed, if the court does not order probation or community
  145  control; or
  146         3. Five years after the date of sentencing in any other
  147  case.
  148  
  149  However, in no event shall the obligation to pay any unpaid
  150  amounts expire if not paid in full within the period specified
  151  in this paragraph.
  152         (c) If not otherwise provided by the court under this
  153  section, costs shall be paid immediately.
  154         (3) If a defendant is placed on probation or community
  155  control, payment of any costs under this section shall be a
  156  condition of such probation or community control. The court may
  157  revoke probation or community control if the defendant fails to
  158  pay these costs.
  159         (4) Any dispute as to the proper amount or type of costs
  160  shall be resolved by the court by the preponderance of the
  161  evidence. The burden of demonstrating the amount of costs
  162  incurred is on the state attorney. The burden of demonstrating
  163  the financial resources of the defendant and the financial needs
  164  of the defendant is on the defendant. The burden of
  165  demonstrating such other matters as the court deems appropriate
  166  is upon the party designated by the court as justice requires.
  167         (5) Any default in payment of costs may be collected by any
  168  means authorized by law for enforcement of a judgment.
  169         (6) The clerk of the court shall collect and dispense cost
  170  payments in any case. The clerk of court shall separately record
  171  each assessment and the payment of costs of prosecution. Costs
  172  of prosecution must be assessed by the court with respect to
  173  each case number in which the court orders costs of prosecution.
  174  The clerk shall provide a monthly report to the state attorney’s
  175  office of the assessments and payments recorded.
  176         (7) Investigative costs that are recovered shall be
  177  returned to the appropriate investigative agency that incurred
  178  the expense. Such costs include actual expenses incurred in
  179  conducting the investigation and prosecution of the criminal
  180  case; however, costs may also include the salaries of permanent
  181  employees. Any investigative costs recovered on behalf of a
  182  state agency must be remitted to the Department of Revenue for
  183  deposit in the agency operating trust fund, and a report of the
  184  payment must be sent to the agency, except that any
  185  investigative costs recovered on behalf of the Department of Law
  186  Enforcement shall be deposited in the department’s Forfeiture
  187  and Investigative Support Trust Fund under s. 943.362.
  188         (8) Costs for the state attorney shall be set in all cases
  189  at no less than $50 per case when a misdemeanor or criminal
  190  traffic offense is charged and no less than $100 per case when a
  191  felony offense is charged, including a proceeding in which the
  192  underlying offense is a violation of probation or community
  193  control. The court may set a higher amount upon a showing of
  194  sufficient proof of higher costs incurred. Costs recovered on
  195  behalf of the state attorney under this section shall be
  196  deposited into the state attorney’s grants and donations trust
  197  fund to be used during the fiscal year in which the funds are
  198  collected, or in any subsequent fiscal year, for actual expenses
  199  incurred in investigating and prosecuting criminal cases, which
  200  may include the salaries of permanent employees, or for any
  201  other purpose authorized by the Legislature.
  202         Section 7. Subsection (4) of section 985.557, Florida
  203  Statutes, is repealed.
  204         Section 8. Subsection (5) of section 775.0843, Florida
  205  Statutes, is amended to read:
  206         775.0843 Policies to be adopted for career criminal cases.—
  207         (5) Each career criminal apprehension program shall
  208  concentrate on the identification and arrest of career criminals
  209  and the support of subsequent prosecution. The determination of
  210  which suspected felony offenders shall be the subject of career
  211  criminal apprehension efforts shall be made in accordance with
  212  written target selection criteria selected by the individual law
  213  enforcement agency and state attorney consistent with the
  214  provisions of this section and s. ss. 775.08401 and 775.0842.
  215         Section 9. This act shall take effect July 1, 2010.