Florida Senate - 2013                                     SB 288
       
       
       
       By Senator Bradley
       
       
       
       
       7-00349A-13                                            2013288__
    1                        A bill to be entitled                      
    2         An act relating to costs of prosecution,
    3         investigation, and representation; amending s.
    4         903.286, F.S.; providing for the withholding of unpaid
    5         costs of prosecution and representation from the
    6         return of a cash bond posted on behalf of a criminal
    7         defendant; requiring a notice on bond forms of such
    8         possible withholding; amending s. 938.27, F.S.;
    9         clarifying the types of cases that are subject to the
   10         collection and dispensing of cost payments by the
   11         clerk of the court; amending s. 985.032, F.S.;
   12         providing for assessment of costs of prosecution
   13         against a juvenile who has been adjudicated delinquent
   14         or has adjudication of delinquency withheld; providing
   15         an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 903.286, Florida Statutes, is amended to
   20  read:
   21         903.286 Return of cash bond; requirement to withhold unpaid
   22  fines, fees, court costs; cash bond forms.—
   23         (1) Notwithstanding s. 903.31(2), the clerk of the court
   24  shall withhold from the return of a cash bond posted on behalf
   25  of a criminal defendant by a person other than a bail bond agent
   26  licensed pursuant to chapter 648 sufficient funds to pay any
   27  unpaid costs of prosecution, costs of representation as provided
   28  by s. 27.52, court fees, court costs, and criminal penalties. If
   29  sufficient funds are not available to pay all unpaid costs of
   30  prosecution, costs of representation as provided by s. 27.52,
   31  court fees, court costs, and criminal penalties, the clerk of
   32  the court shall immediately obtain payment from the defendant or
   33  enroll the defendant in a payment plan pursuant to s. 28.246.
   34         (2) All cash bond forms used in conjunction with the
   35  requirements of s. 903.09 must prominently display a notice
   36  explaining that all funds are subject to forfeiture and
   37  withholding by the clerk of the court for the payment of costs
   38  of prosecution, costs of representation as provided by s. 27.52,
   39  court fees, court costs, and criminal penalties on behalf of the
   40  criminal defendant regardless of who posted the funds.
   41         Section 2. Section 938.27, Florida Statutes, is amended to
   42  read:
   43         938.27 Judgment for costs of prosecution and investigation
   44  on conviction.—
   45         (1) In all criminal and violation-of-probation or
   46  community-control cases, convicted persons are liable for
   47  payment of the costs of prosecution, including investigative
   48  costs incurred by law enforcement agencies, by fire departments
   49  for arson investigations, and by investigations of the
   50  Department of Financial Services or the Office of Financial
   51  Regulation of the Financial Services Commission, if requested by
   52  such agencies. The court shall include these costs in every
   53  judgment rendered against the convicted person. For purposes of
   54  this section, “convicted” means a determination of guilt, or of
   55  violation of probation or community control, which is a result
   56  of a plea, trial, or violation proceeding, regardless of whether
   57  adjudication is withheld.
   58         (2)(a) The court shall impose the costs of prosecution and
   59  investigation notwithstanding the defendant’s present ability to
   60  pay. The court shall require the defendant to pay the costs
   61  within a specified period or pursuant to a payment plan under s.
   62  28.246(4).
   63         (b) The end of such period or the last such installment
   64  must not be later than:
   65         1. The end of the period of probation or community control,
   66  if probation or community control is ordered;
   67         2. Five years after the end of the term of imprisonment
   68  imposed, if the court does not order probation or community
   69  control; or
   70         3. Five years after the date of sentencing in any other
   71  case.
   72  
   73  However, the obligation to pay any unpaid amounts does not
   74  expire if not paid in full within the period specified in this
   75  paragraph.
   76         (c) If not otherwise provided by the court under this
   77  section, costs must shall be paid immediately.
   78         (3) If a defendant is placed on probation or community
   79  control, payment of any costs under this section shall be a
   80  condition of such probation or community control. The court may
   81  revoke probation or community control if the defendant fails to
   82  pay these costs.
   83         (4) Any dispute as to the proper amount or type of costs
   84  shall be resolved by the court by the preponderance of the
   85  evidence. The burden of demonstrating the amount of costs
   86  incurred is on the state attorney. The burden of demonstrating
   87  the financial resources of the defendant and the financial needs
   88  of the defendant is on the defendant. The burden of
   89  demonstrating such other matters as the court deems appropriate
   90  is upon the party designated by the court as justice requires.
   91         (5) Any default in payment of costs may be collected by any
   92  means authorized by law for enforcement of a judgment.
   93         (6) The clerk of the court shall collect and dispense cost
   94  payments in any case regardless of whether the disposition of
   95  the case takes place before the judge in open court or in any
   96  other manner provided by law.
   97         (7) Investigative costs that are recovered must shall be
   98  returned to the appropriate investigative agency that incurred
   99  the expense. Such costs include actual expenses incurred in
  100  conducting the investigation and prosecution of the criminal
  101  case; however, costs may also include the salaries of permanent
  102  employees. Any investigative costs recovered on behalf of a
  103  state agency must be remitted to the Department of Revenue for
  104  deposit in the agency operating trust fund, and a report of the
  105  payment must be sent to the agency, except that any
  106  investigative costs recovered on behalf of the Department of Law
  107  Enforcement must shall be deposited in the department’s
  108  Forfeiture and Investigative Support Trust Fund under s.
  109  943.362.
  110         (8) Costs for the state attorney must shall be set in all
  111  cases at no less than $50 per case when a misdemeanor or
  112  criminal traffic offense is charged and no less than $100 per
  113  case when a felony offense is charged, including a proceeding in
  114  which the underlying offense is a violation of probation or
  115  community control. The court may set a higher amount upon a
  116  showing of sufficient proof of higher costs incurred. Costs
  117  recovered on behalf of the state attorney under this section
  118  must shall be deposited into the State Attorneys Revenue Trust
  119  Fund to be used during the fiscal year in which the funds are
  120  collected, or in any subsequent fiscal year, for actual expenses
  121  incurred in investigating and prosecuting criminal cases, which
  122  may include the salaries of permanent employees, or for any
  123  other purpose authorized by the Legislature.
  124         Section 3. Section 985.032, Florida Statutes, is amended to
  125  read:
  126         985.032 Legal representation for delinquency cases.—
  127         (1) For cases arising under this chapter, the state
  128  attorney shall represent the state.
  129         (2) A juvenile who has been adjudicated delinquent or has
  130  adjudication of delinquency withheld shall be assessed costs of
  131  prosecution as provided in s. 938.27.
  132         Section 4. This act shall take effect July 1, 2013.