Florida Senate - 2010 CS for CS for SB 296
By the Committees on Judiciary; and Criminal Justice; and
Senator Wise
590-02747-10 2010296c2
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.; deleting
25 provisions regarding the burden of establishing
26 financial resources of the defendant; requiring the
27 clerk of court to separately record each assessment
28 and payment of costs of prosecution; requiring the
29 clerk to prepare a monthly report to the state
30 attorney’s office of the recorded assessments and
31 payments; repealing s. 985.557(4), F.S., relating to
32 direct-file policies and guidelines for juveniles;
33 amending s. 775.0843, F.S.; conforming a cross
34 reference; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 27.366, Florida Statutes, is amended to
39 read:
40 27.366 Legislative intent and policy in cases meeting
41 criteria of s. 775.087(2) and (3); report.—
42 (1) It is the intent of the Legislature that convicted
43 criminal offenders who meet the criteria in s. 775.087(2) and
44 (3) be sentenced to the minimum mandatory prison terms provided
45 herein. It is the intent of the Legislature to establish zero
46 tolerance of criminals who use, threaten to use, or avail
47 themselves of firearms in order to commit crimes and thereby
48 demonstrate their lack of value for human life. It is also the
49 intent of the Legislature that prosecutors should appropriately
50 exercise their discretion in those cases in which the offenders’
51 possession of the firearm is incidental to the commission of a
52 crime and not used in furtherance of the crime, used in order to
53 commit the crime, or used in preparation to commit the crime.
54 For every case in which the offender meets the criteria in this
55 act and does not receive the mandatory minimum prison sentence,
56 the state attorney must explain the sentencing deviation in
57 writing and place such explanation in the case file maintained
58 by the state attorney. On a quarterly basis, each state attorney
59 shall submit copies of deviation memoranda regarding offenses
60 committed on or after the effective date of this act to the
61 President of the Florida Prosecuting Attorneys Association, Inc.
62 The association must maintain such information and make such
63 information available to the public upon request for at least a
64 10-year period.
65 (2) Effective July 1, 2000, each state attorney shall
66 annually report to the Speaker of the House of Representatives,
67 the President of the Senate, and the Executive Office of the
68 Governor regarding the prosecution and sentencing of offenders
69 who met the criteria in s. 775.087(2) and (3). The report must
70 categorize the defendants by age, gender, race, and ethnicity.
71 Cases in which a final disposition has not yet been reached
72 shall be reported in a subsequent annual report.
73 Section 2. Paragraph (d) of subsection (9) of section
74 775.082, Florida Statutes, is amended to read:
75 775.082 Penalties; applicability of sentencing structures;
76 mandatory minimum sentences for certain reoffenders previously
77 released from prison.—
78 (9)
79 (d)1. It is the intent of the Legislature that offenders
80 previously released from prison who meet the criteria in
81 paragraph (a) be punished to the fullest extent of the law and
82 as provided in this subsection, unless the state attorney
83 determines that extenuating circumstances exist which preclude
84 the just prosecution of the offender, including whether the
85 victim recommends that the offender not be sentenced as provided
86 in this subsection.
87 2. For every case in which the offender meets the criteria
88 in paragraph (a) and does not receive the mandatory minimum
89 prison sentence, the state attorney must explain the sentencing
90 deviation in writing and place such explanation in the case file
91 maintained by the state attorney. On an annual basis, each state
92 attorney shall submit copies of deviation memoranda regarding
93 offenses committed on or after the effective date of this
94 subsection, to the president of the Florida Prosecuting
95 Attorneys Association, Inc. The association must maintain such
96 information, and make such information available to the public
97 upon request, for at least a 10-year period.
98 Section 3. Section 775.08401, Florida Statutes, is
99 repealed.
100 Section 4. Subsection (5) of section 775.087, Florida
101 Statutes, is repealed.
102 Section 5. Subsection (1) of section 903.286, Florida
103 Statutes, is amended to read:
104 903.286 Return of cash bond; requirement to withhold unpaid
105 fines, fees, court costs; cash bond forms.—
106 (1) Notwithstanding s. 903.31(2), the clerk of the court
107 shall withhold from the return of a cash bond posted on behalf
108 of a criminal defendant by a person other than a bail bond agent
109 licensed pursuant to chapter 648 sufficient funds to pay any
110 unpaid court fees, court costs, costs of prosecution, and
111 criminal penalties. If sufficient funds are not available to pay
112 all unpaid court fees, court costs, costs of prosecution, and
113 criminal penalties, the clerk of the court shall immediately
114 obtain payment from the defendant or enroll the defendant in a
115 payment plan pursuant to s. 28.246.
116 Section 6. Section 938.27, Florida Statutes, is amended to
117 read:
118 938.27 Judgment for costs on conviction.—
119 (1) In all criminal and violation-of-probation or
120 community-control cases, convicted persons are liable for
121 payment of the costs of prosecution, including investigative
122 costs incurred by law enforcement agencies, by fire departments
123 for arson investigations, and by investigations of the
124 Department of Financial Services or the Office of Financial
125 Regulation of the Financial Services Commission, if requested by
126 such agencies. The court shall include these costs in every
127 judgment rendered against the convicted person. For purposes of
128 this section, “convicted” means a determination of guilt, or of
129 violation of probation or community control, which is a result
130 of a plea, trial, or violation proceeding, regardless of whether
131 adjudication is withheld.
132 (2)(a) The court shall impose the costs of prosecution and
133 investigation notwithstanding the defendant’s present ability to
134 pay. The court shall require the defendant to pay the costs
135 within a specified period or in specified installments.
136 (b) The end of such period or the last such installment
137 shall not be later than:
138 1. The end of the period of probation or community control,
139 if probation or community control is ordered;
140 2. Five years after the end of the term of imprisonment
141 imposed, if the court does not order probation or community
142 control; or
143 3. Five years after the date of sentencing in any other
144 case.
145
146 However, in no event shall the obligation to pay any unpaid
147 amounts expire if not paid in full within the period specified
148 in this paragraph.
149 (c) If not otherwise provided by the court under this
150 section, costs shall be paid immediately.
151 (3) If a defendant is placed on probation or community
152 control, payment of any costs under this section shall be a
153 condition of such probation or community control. The court may
154 revoke probation or community control if the defendant fails to
155 pay these costs.
156 (4) Any dispute as to the proper amount or type of costs
157 shall be resolved by the court by the preponderance of the
158 evidence. The burden of demonstrating the amount of costs
159 incurred is on the state attorney. The burden of demonstrating
160 the financial resources of the defendant and the financial needs
161 of the defendant is on the defendant. The burden of
162 demonstrating such other matters as the court deems appropriate
163 is upon the party designated by the court as justice requires.
164 (5) Any default in payment of costs may be collected by any
165 means authorized by law for enforcement of a judgment.
166 (6) The clerk of the court shall collect and dispense cost
167 payments in any case. The clerk of court shall separately record
168 each assessment and the payment of costs of prosecution. Costs
169 of prosecution must be assessed by the court with respect to
170 each case number in which the court orders costs of prosecution.
171 The clerk shall provide a monthly report to the state attorney’s
172 office of the assessments and payments recorded.
173 (7) Investigative costs that are recovered shall be
174 returned to the appropriate investigative agency that incurred
175 the expense. Such costs include actual expenses incurred in
176 conducting the investigation and prosecution of the criminal
177 case; however, costs may also include the salaries of permanent
178 employees. Any investigative costs recovered on behalf of a
179 state agency must be remitted to the Department of Revenue for
180 deposit in the agency operating trust fund, and a report of the
181 payment must be sent to the agency, except that any
182 investigative costs recovered on behalf of the Department of Law
183 Enforcement shall be deposited in the department’s Forfeiture
184 and Investigative Support Trust Fund under s. 943.362.
185 (8) Costs for the state attorney shall be set in all cases
186 at no less than $50 per case when a misdemeanor or criminal
187 traffic offense is charged and no less than $100 per case when a
188 felony offense is charged, including a proceeding in which the
189 underlying offense is a violation of probation or community
190 control. The court may set a higher amount upon a showing of
191 sufficient proof of higher costs incurred. Costs recovered on
192 behalf of the state attorney under this section shall be
193 deposited into the state attorney’s grants and donations trust
194 fund to be used during the fiscal year in which the funds are
195 collected, or in any subsequent fiscal year, for actual expenses
196 incurred in investigating and prosecuting criminal cases, which
197 may include the salaries of permanent employees, or for any
198 other purpose authorized by the Legislature.
199 Section 7. Subsection (4) of section 985.557, Florida
200 Statutes, is repealed.
201 Section 8. Subsection (5) of section 775.0843, Florida
202 Statutes, is amended to read:
203 775.0843 Policies to be adopted for career criminal cases.—
204 (5) Each career criminal apprehension program shall
205 concentrate on the identification and arrest of career criminals
206 and the support of subsequent prosecution. The determination of
207 which suspected felony offenders shall be the subject of career
208 criminal apprehension efforts shall be made in accordance with
209 written target selection criteria selected by the individual law
210 enforcement agency and state attorney consistent with the
211 provisions of this section and s. ss. 775.08401 and 775.0842.
212 Section 9. This act shall take effect July 1, 2010.