Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7072
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02911-12                                          20127072__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; transferring,
    3         renumbering, and amending s. 938.25, F.S.; requiring a
    4         court to assess an additional amount against a
    5         defendant who pleads guilty or nolo contendere to, or
    6         who is convicted of, violating certain specified
    7         offenses, and if the services of a criminal analysis
    8         laboratory are used in the investigation of the
    9         offense; providing for the proceeds of the assessment
   10         to be deposited into the Operating Trust Fund of the
   11         Department of Law Enforcement and used by the
   12         statewide criminal analysis laboratory system;
   13         amending ss. 921.187 and 943.361, F.S.; conforming
   14         cross-references to changes made by the act; providing
   15         an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 938.25, Florida Statutes, is
   20  transferred, renumbered as section 938.055, Florida Statutes,
   21  and amended to read:
   22         938.055 938.25 Operating Trust Fund of the Department of
   23  Law Enforcement.—Notwithstanding any other law provision to the
   24  contrary of the laws of this state, the court may assess any
   25  defendant who pleads guilty or nolo contendere to, or is
   26  convicted of, a violation of any provision of chapters 775-896
   27  s. 893.13, without regard to whether adjudication was withheld,
   28  in addition to any fine and other penalty provided or authorized
   29  by law, an amount of $100, to be paid to the clerk of the court,
   30  who shall forward it to the Department of Revenue for deposit in
   31  the Operating Trust Fund of the Department of Law Enforcement to
   32  be used by the statewide criminal analysis laboratory system for
   33  the purposes specified in s. 943.361. This amount shall be
   34  assessed if the services of a local county-operated crime
   35  laboratory enumerated in s. 943.35(1) are used in connection
   36  with the investigation or prosecution of a violation of any
   37  provision of chapters 775-896. The court is authorized to order
   38  a defendant to pay an additional assessment if it finds that the
   39  defendant has the ability to pay the fine and the additional
   40  assessment and will not be prevented thereby from being
   41  rehabilitated or from making restitution.
   42         Section 2. Paragraph (l) of subsection (1) of section
   43  921.187, Florida Statutes, is amended to read:
   44         921.187 Disposition and sentencing; alternatives;
   45  restitution.—
   46         (1) The alternatives provided in this section for the
   47  disposition of criminal cases shall be used in a manner that
   48  will best serve the needs of society, punish criminal offenders,
   49  and provide the opportunity for rehabilitation. If the offender
   50  does not receive a state prison sentence, the court may:
   51         (l)1. Require the offender who violates any criminal
   52  provision of chapter 893 to pay an additional assessment in an
   53  amount up to the amount of any fine imposed, pursuant to ss.
   54  938.21 and 938.23.
   55         2. Require the offender who violates any provision of s.
   56  893.13 to pay an additional assessment in an amount of $100,
   57  pursuant to ss. 938.055 938.25 and 943.361.
   58         Section 3. Section 943.361, Florida Statutes, is amended to
   59  read:
   60         943.361 Statewide criminal analysis laboratory system;
   61  funding through fine surcharges.—
   62         (1) Funds deposited pursuant to ss. 938.055 and 938.07 and
   63  938.25 for the statewide criminal analysis laboratory system
   64  shall be used for state reimbursements to local county-operated
   65  crime laboratories enumerated in s. 943.35(1), and for the
   66  equipment, health, safety, and training of member crime
   67  laboratories of the statewide criminal analysis laboratory
   68  system.
   69         (2) Moneys deposited pursuant to ss. 938.055 and 938.07 and
   70  938.25 for the statewide criminal analysis laboratory system
   71  shall be appropriated by the Legislature in accordance with the
   72  provisions of chapter 216 and with the purposes stated in
   73  subsection (1).
   74         Section 4. This act shall take effect October 1, 2012.