Florida Senate - 2011                             CS for SB 1092
       
       
       
       By the Committee on Judiciary; and Senator Wise
       
       
       
       
       590-04402-11                                          20111092c1
    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 quarterly submit deviation memoranda
    5         relating to offenders who are not sentenced to the
    6         mandatory minimum prison sentence in cases involving
    7         the possession or use of a weapon; amending s.
    8         775.082, F.S.; deleting a provision that requires each
    9         state attorney to quarterly submit deviation memoranda
   10         relating to why a defendant did not receive the
   11         mandatory minimum prison sentence in cases involving
   12         certain specified offenses; repealing s. 775.08401,
   13         F.S., relating to criteria to be used when state
   14         attorneys decide to pursue habitual felony offenders
   15         or habitual violent felony offenders; repealing s.
   16         775.087(5), F.S., relating to a provision that
   17         requires each state attorney to report why a case
   18         qualified defendant did not receive the mandatory
   19         minimum prison sentence in cases involving certain
   20         specified offenses; repealing s. 985.557(4), F.S.,
   21         relating to direct-file policies and guidelines for
   22         juveniles; amending s. 775.0843, F.S.; conforming a
   23         cross-reference; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 27.366, Florida Statutes, is amended to
   28  read:
   29         27.366 Legislative intent and policy in cases meeting
   30  criteria of s. 775.087(2) and (3); report.—
   31         (1) It is the intent of the Legislature that convicted
   32  criminal offenders who meet the criteria in s. 775.087(2) and
   33  (3) be sentenced to the minimum mandatory prison terms provided
   34  herein. It is the intent of the Legislature to establish zero
   35  tolerance of criminals who use, threaten to use, or avail
   36  themselves of firearms in order to commit crimes and thereby
   37  demonstrate their lack of value for human life. It is also the
   38  intent of the Legislature that prosecutors should appropriately
   39  exercise their discretion in those cases in which the offenders’
   40  possession of the firearm is incidental to the commission of a
   41  crime and not used in furtherance of the crime, used in order to
   42  commit the crime, or used in preparation to commit the crime.
   43  For every case in which the offender meets the criteria in this
   44  act and does not receive the mandatory minimum prison sentence,
   45  the state attorney must explain the sentencing deviation in
   46  writing and place such explanation in the case file maintained
   47  by the state attorney. On a quarterly basis, each state attorney
   48  shall submit copies of deviation memoranda regarding offenses
   49  committed on or after the effective date of this act to the
   50  President of the Florida Prosecuting Attorneys Association, Inc.
   51  The association must maintain such information and make such
   52  information available to the public upon request for at least a
   53  10-year period.
   54         (2) Effective July 1, 2000, each state attorney shall
   55  annually report to the Speaker of the House of Representatives,
   56  the President of the Senate, and the Executive Office of the
   57  Governor regarding the prosecution and sentencing of offenders
   58  who met the criteria in s. 775.087(2) and (3). The report must
   59  categorize the defendants by age, gender, race, and ethnicity.
   60  Cases in which a final disposition has not yet been reached
   61  shall be reported in a subsequent annual report.
   62         Section 2. Paragraph (d) of subsection (9) of section
   63  775.082, Florida Statutes, is amended to read:
   64         775.082 Penalties; applicability of sentencing structures;
   65  mandatory minimum sentences for certain reoffenders previously
   66  released from prison.—
   67         (9)
   68         (d)1. It is the intent of the Legislature that offenders
   69  previously released from prison who meet the criteria in
   70  paragraph (a) be punished to the fullest extent of the law and
   71  as provided in this subsection, unless the state attorney
   72  determines that extenuating circumstances exist which preclude
   73  the just prosecution of the offender, including whether the
   74  victim recommends that the offender not be sentenced as provided
   75  in this subsection.
   76         2. For every case in which the offender meets the criteria
   77  in paragraph (a) and does not receive the mandatory minimum
   78  prison sentence, the state attorney must explain the sentencing
   79  deviation in writing and place such explanation in the case file
   80  maintained by the state attorney. On an annual basis, each state
   81  attorney shall submit copies of deviation memoranda regarding
   82  offenses committed on or after the effective date of this
   83  subsection, to the president of the Florida Prosecuting
   84  Attorneys Association, Inc. The association must maintain such
   85  information, and make such information available to the public
   86  upon request, for at least a 10-year period.
   87         Section 3. Section 775.08401, Florida Statutes, is
   88  repealed.
   89         Section 4. Subsection (5) of section 775.087, Florida
   90  Statutes, is repealed.
   91         Section 5. Subsection (4) of section 985.557, Florida
   92  Statutes, is repealed.
   93         Section 6. Subsection (5) of section 775.0843, Florida
   94  Statutes, is amended to read:
   95         775.0843 Policies to be adopted for career criminal cases.—
   96         (5) Each career criminal apprehension program shall
   97  concentrate on the identification and arrest of career criminals
   98  and the support of subsequent prosecution. The determination of
   99  which suspected felony offenders shall be the subject of career
  100  criminal apprehension efforts shall be made in accordance with
  101  written target selection criteria selected by the individual law
  102  enforcement agency and state attorney consistent with the
  103  provisions of this section and s. ss. 775.08401 and 775.0842.
  104         Section 7. This act shall take effect July 1, 2011.