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