Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 210 Barcode 487206 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/12/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 54 - 164 4 and insert: 5 (1) In all criminal and violation-of-probation or 6 community-control cases, convicted persons are liable for 7 payment of the costs of prosecution, including investigative 8 costs incurred by law enforcement agencies, by fire departments 9 for arson investigations, and by investigations of the 10 Department of Financial Services or the Office of Financial 11 Regulation of the Financial Services Commission, if requested by 12 such agencies. The court shall include these costs in every 13 judgment rendered against the convicted person. For purposes of 14 this section, “convicted” means a determination of guilt, or of 15 violation of probation or community control, which is a result 16 of a plea, trial, or violation proceeding, regardless of whether 17 adjudication is withheld. 18 (2)(a) The court shall impose the costs of prosecution and 19 investigation notwithstanding the defendant’s present ability to 20 pay. The court shall require the defendant to pay the costs 21 within a specified period or in specified installments. 22 (b) The end of such period or the last such installment 23 shall not be later than: 24 1. The end of the period of probation or community control, 25 if probation or community control is ordered; 26 2. Five years after the end of the term of imprisonment 27 imposed, if the court does not order probation or community 28 control; or 29 3. Five years after the date of sentencing in any other 30 case. 31 32 However, in no event shall the obligation to pay any unpaid 33 amounts expire if not paid in full within the period specified 34 in this paragraph. 35 (c) If not otherwise provided by the court under this 36 section, costs shall be paid immediately. 37 (3) If a defendant is placed on probation or community 38 control, payment of any costs under this section shall be a 39 condition of such probation or community control. The court may 40 revoke probation or community control if the defendant fails to 41 pay these costs. 42 (4) Any dispute as to the proper amount or type of costs 43 shall be resolved by the court by the preponderance of the 44 evidence. The burden of demonstrating the amount of costs 45 incurred is on the state attorney. The burden of demonstrating 46 the financial resources of the defendant and the financial needs 47 of the defendant is on the defendant. The burden of 48 demonstrating such other matters as the court deems appropriate 49 is upon the party designated by the court as justice requires. 50 (5) Any default in payment of costs may be collected by any 51 means authorized by law for enforcement of a judgment. 52 (6) The clerk of the court shall collect and dispense cost 53 payments in any case regardless of whether the disposition of 54 the case takes place before the judge in open court or in any 55 other manner provided by law. 56 (7) Investigative costs that are recovered shall be 57 returned to the appropriate investigative agency that incurred 58 the expense. Such costs include actual expenses incurred in 59 conducting the investigation and prosecution of the criminal 60 case; however, costs may also include the salaries of permanent 61 employees. Any investigative costs recovered on behalf of a 62 state agency must be remitted to the Department of Revenue for 63 deposit in the agency operating trust fund, and a report of the 64 payment must be sent to the agency, except that any 65 investigative costs recovered on behalf of the Department of Law 66 Enforcement shall be deposited in the department’s Forfeiture 67 and Investigative Support Trust Fund under s. 943.362. 68 (8) Costs for the state attorney shall be set in all cases 69 at no less than $50 per case when a misdemeanor or criminal 70 traffic offense is charged and no less than $100 per case when a 71 felony offense is charged, including a proceeding in which the 72 underlying offense is a violation of probation or community 73 control. The court may set a higher amount upon a showing of 74 sufficient proof of higher costs incurred. Costs recovered on 75 behalf of the state attorney under this section shall be 76 deposited into the State Attorneys Revenue Trust Fund to be used 77 during the fiscal year in which the funds are collected, or in 78 any subsequent fiscal year, for actual expenses incurred in 79 investigating and prosecuting criminal cases, which may include 80 the salaries of permanent employees, or for any other purpose 81 authorized by the Legislature. 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Delete lines 9 - 20 86 and insert: 87 clarifying the types of cases that are subject to the 88 collection and dispensing of cost payments by the 89 clerk of the court; amending s. 985.032, F.S.;