Florida Senate - 2019                                    SB 1186
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00779A-19                                          20191186__
    1                        A bill to be entitled                      
    2         An act relating to criminal judgments; amending s.
    3         812.014, F.S.; requiring that judgments of guilty or
    4         not guilty of petit theft be in a written record,
    5         rather than in writing, or in an electronic record
    6         with the judge’s electronic signature, recorded by the
    7         clerk of the circuit court; providing requirements for
    8         such records; conforming provisions to changes made by
    9         the act; amending s. 921.241, F.S.; defining terms;
   10         requiring that judgments of guilty or not guilty of a
   11         felony be in a written record, rather than in writing,
   12         or an electronic record with the judge’s electronic
   13         signature, recorded by the clerk of the circuit court;
   14         requiring that for an electronic record of a judgment
   15         of guilty, the fingerprints of a defendant be
   16         electronically captured and a certain certification be
   17         included; requiring the judge to place his or her
   18         electronic signature on the certificate; conforming
   19         provisions to changes made by the act; amending s.
   20         921.242, F.S.; requiring that specified judgments of
   21         guilty be in a written record, rather than in writing,
   22         or an electronic record with the judge’s electronic
   23         signature, recorded by the clerk of the circuit court;
   24         conforming provisions to changes made by the act;
   25         reenacting s. 775.084(3)(a), (b), and (c), F.S.,
   26         relating to fingerprinting a defendant for the purpose
   27         of identification, to incorporate the amendment made
   28         to s. 921.241, F.S., in references thereto; providing
   29         an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (d) of subsection (3) of section
   34  812.014, Florida Statutes, is amended to read:
   35         812.014 Theft.—
   36         (3)
   37         (d)1. A Every judgment of guilty or not guilty of a petit
   38  theft must shall be in:
   39         a. A written record that is writing, signed by the judge,
   40  and recorded by the clerk of the circuit court; or
   41         b. An electronic record that contains the judge’s
   42  electronic signature, as defined in s. 933.40, and is recorded
   43  by the clerk of the circuit court.
   44         2. At the time a defendant is found guilty of petit theft,
   45  the judge shall cause the following to occur to be affixed to
   46  every such written judgment of guilty of petit theft, in open
   47  court and in the presence of such judge:,
   48         a. For a written record of a judgment of guilty, the
   49  fingerprints of the defendant against whom such judgment is
   50  rendered must be manually taken and. Such fingerprints shall be
   51  affixed beneath the judge’s signature on the to such judgment.
   52  Beneath such fingerprints shall be appended A certificate,
   53  containing substantially to the following language must be
   54  appended beneath the fingerprints effect:
   55  
   56         “I hereby certify that the affixed above and foregoing
   57  fingerprints on this judgment are the fingerprints of the
   58  defendant, ...., and that they were placed there thereon by said
   59  defendant in my presence, in open court, this the .... day of
   60  ...., ...(year)....”
   61  
   62  Such certificate must shall be signed by the judge, whose
   63  signature must thereto shall be followed by the word “Judge.”
   64         b. For an electronic record of a judgment of guilty, the
   65  fingerprints of the defendant must be electronically captured,
   66  and a certificate must be issued as provided in s.
   67  921.241(3)(b).
   68         3.2.A Any such written or an electronic record of a
   69  judgment of guilty of a petit theft, or a certified copy
   70  thereof, is admissible in evidence in the courts of this state
   71  as provided in s. 921.241(4) prima facie evidence that the
   72  fingerprints appearing thereon and certified by the judge are
   73  the fingerprints of the defendant against whom such judgment of
   74  guilty of a petit theft was rendered.
   75         Section 2. Section 921.241, Florida Statutes, is amended to
   76  read:
   77         921.241 Felony judgments; fingerprints and social security
   78  number required in record.—
   79         (1) As used in this section, the term:
   80         (a) “Electronic signature” has the same meaning as in s.
   81  933.40.
   82         (b) “Transaction control number” means the unique
   83  identifier comprised of numbers, letters, or other symbols for a
   84  digital fingerprint record which is generated by the device used
   85  to electronically capture the fingerprints At the time a
   86  defendant is found guilty of a felony, the judge shall cause the
   87  defendant’s fingerprints to be taken.
   88         (2) A Every judgment of guilty or not guilty of a felony
   89  must shall be in:
   90         (a) A written record that is writing, signed by the judge,
   91  and recorded by the clerk of the court; or
   92         (b) An electronic record that contains the judge’s
   93  electronic signature and is recorded by the clerk of the court.
   94         (3)At the time a defendant is found guilty of a felony,
   95  the judge shall cause the following to occur to be affixed to
   96  every written judgment of guilty of a felony, in open court and,
   97  in the presence of such judge:
   98         (a) For a written record of a judgment of guilty, and at
   99  the time the judgment is rendered, the fingerprints of the
  100  defendant must be manually taken and against whom such judgment
  101  is rendered. Such fingerprints shall be affixed beneath the
  102  judge’s signature on the to such judgment. Beneath such
  103  fingerprints shall be appended A certificate containing
  104  substantially to the following language must be appended beneath
  105  the fingerprints effect:
  106  
  107         “I hereby certify that the affixed above and foregoing
  108  fingerprints on this judgment are the fingerprints of the
  109  defendant, ...., and that they were placed there thereon by said
  110  defendant in my presence, in open court, this the .... day of
  111  ...., ...(year)....”
  112  
  113  Such certificate must shall be signed by the judge, whose
  114  signature must thereto shall be followed by the word “Judge.”
  115         (b) For an electronic record of a judgment of guilty, the
  116  fingerprints of the defendant must be electronically captured,
  117  and the following certificate must be included in the electronic
  118  record of judgment:
  119  
  120         “I hereby certify that the digital fingerprints record
  121  associated with Transaction Control Number .... contains the
  122  fingerprints of the defendant, ...., which were electronically
  123  captured from the defendant in my presence, in open court, this
  124  the .... day of ...., ...(year)....”
  125  
  126  The judge shall place his or her electronic signature, which
  127  must be followed by the word “Judge,” on the certificate.
  128         (4)(3)A written or an electronic record of a Any such
  129  written judgment of guilty of a felony, or a certified copy
  130  thereof, is shall be admissible in evidence in the several
  131  courts of this state as prima facie evidence that:
  132         (a) The manual fingerprints appearing thereon and certified
  133  by the judge as aforesaid are the fingerprints of the defendant
  134  against whom the such judgment of guilty of a felony was
  135  rendered.
  136         (b) The digital fingerprint record associated with the
  137  transaction control number specified in the judge’s certificate
  138  contains the fingerprints of the defendant against whom the
  139  judgment of guilty was rendered.
  140         (5)(4) At the time the defendant’s fingerprints are
  141  manually taken or electronically captured, the judge shall also
  142  cause the defendant’s social security number to be taken. The
  143  defendant’s social security number must shall be specified in
  144  each affixed to every written or electronic record of a judgment
  145  of guilty of a felony, in open court and, in the presence of
  146  such judge, and at the time the judgment is rendered. If the
  147  defendant is unable or unwilling to provide his or her social
  148  security number, the reason for its absence must shall be
  149  specified in indicated on the written or electronic record of
  150  judgment.
  151         Section 3. Section 921.242, Florida Statutes, is amended to
  152  read:
  153         921.242 Subsequent offenses under chapter 796; method of
  154  proof applicable.—
  155         (1) A Every judgment of guilty with respect to any offense
  156  governed by the provisions of chapter 796 must shall be in:
  157         (a) A written record of a judgment that is writing, signed
  158  by the judge, and recorded by the clerk of the circuit court; or
  159         (b) An electronic record of a judgment that contains the
  160  judge’s electronic signature, as defined in s. 933.40, and is
  161  recorded by the clerk of the circuit court.
  162         (2) At the time a defendant is found guilty, the judge
  163  shall cause the following to occur to be affixed to every such
  164  written judgment of guilty, in open court and in the presence of
  165  such judge:
  166         (a) For a written record of a judgment of guilty, the
  167  fingerprints of the defendant must be manually taken and against
  168  whom such judgment is rendered. Such fingerprints shall be
  169  affixed beneath the judge’s signature on the to any such
  170  judgment. Beneath such fingerprints shall be appended A
  171  certificate containing substantially to the following language
  172  must be appended beneath the fingerprints effect:
  173  
  174         “I hereby certify that the affixed above and foregoing
  175  fingerprints on this judgment are the fingerprints of the
  176  defendant, ...(name)..., and that they were placed there thereon
  177  by said defendant in my presence, in open court, this the ....
  178  day of ...., ...(year)....”
  179  
  180  Such certificate must shall be signed by the judge, whose
  181  signature must thereto shall be followed by the word “Judge.”
  182         (b) For an electronic record of a judgment of guilty, the
  183  fingerprints of the defendant must be electronically captured,
  184  and a certificate must be issued as provided in s.
  185  921.241(3)(b).
  186         (2) A Any such written or an electronic record of a
  187  judgment of guilty, or a certified copy thereof, is shall be
  188  admissible in evidence in the several courts of this state as
  189  provided in s. 921.241(4) prima facie evidence that the
  190  fingerprints appearing thereon and certified by the judge as
  191  aforesaid are the fingerprints of the defendant against whom
  192  such judgment of guilty was rendered.
  193         Section 4. For the purpose of incorporating the amendment
  194  made by this act to section 921.241, Florida Statutes, in a
  195  reference thereto, paragraphs (a), (b), and (c) of subsection
  196  (3) of section 775.084, Florida Statutes, are reenacted to read:
  197         775.084 Violent career criminals; habitual felony offenders
  198  and habitual violent felony offenders; three-time violent felony
  199  offenders; definitions; procedure; enhanced penalties or
  200  mandatory minimum prison terms.—
  201         (3)(a) In a separate proceeding, the court shall determine
  202  if the defendant is a habitual felony offender or a habitual
  203  violent felony offender. The procedure shall be as follows:
  204         1. The court shall obtain and consider a presentence
  205  investigation prior to the imposition of a sentence as a
  206  habitual felony offender or a habitual violent felony offender.
  207         2. Written notice shall be served on the defendant and the
  208  defendant’s attorney a sufficient time prior to the entry of a
  209  plea or prior to the imposition of sentence in order to allow
  210  the preparation of a submission on behalf of the defendant.
  211         3. Except as provided in subparagraph 1., all evidence
  212  presented shall be presented in open court with full rights of
  213  confrontation, cross-examination, and representation by counsel.
  214         4. Each of the findings required as the basis for such
  215  sentence shall be found to exist by a preponderance of the
  216  evidence and shall be appealable to the extent normally
  217  applicable to similar findings.
  218         5. For the purpose of identification of a habitual felony
  219  offender or a habitual violent felony offender, the court shall
  220  fingerprint the defendant pursuant to s. 921.241.
  221         6. For an offense committed on or after October 1, 1995, if
  222  the state attorney pursues a habitual felony offender sanction
  223  or a habitual violent felony offender sanction against the
  224  defendant and the court, in a separate proceeding pursuant to
  225  this paragraph, determines that the defendant meets the criteria
  226  under subsection (1) for imposing such sanction, the court must
  227  sentence the defendant as a habitual felony offender or a
  228  habitual violent felony offender, subject to imprisonment
  229  pursuant to this section unless the court finds that such
  230  sentence is not necessary for the protection of the public. If
  231  the court finds that it is not necessary for the protection of
  232  the public to sentence the defendant as a habitual felony
  233  offender or a habitual violent felony offender, the court shall
  234  provide written reasons; a written transcript of orally stated
  235  reasons is permissible, if filed by the court within 7 days
  236  after the date of sentencing. Each month, the court shall submit
  237  to the Office of Economic and Demographic Research of the
  238  Legislature the written reasons or transcripts in each case in
  239  which the court determines not to sentence a defendant as a
  240  habitual felony offender or a habitual violent felony offender
  241  as provided in this subparagraph.
  242         (b) In a separate proceeding, the court shall determine if
  243  the defendant is a three-time violent felony offender. The
  244  procedure shall be as follows:
  245         1. The court shall obtain and consider a presentence
  246  investigation prior to the imposition of a sentence as a three
  247  time violent felony offender.
  248         2. Written notice shall be served on the defendant and the
  249  defendant’s attorney a sufficient time prior to the entry of a
  250  plea or prior to the imposition of sentence in order to allow
  251  the preparation of a submission on behalf of the defendant.
  252         3. Except as provided in subparagraph 1., all evidence
  253  presented shall be presented in open court with full rights of
  254  confrontation, cross-examination, and representation by counsel.
  255         4. Each of the findings required as the basis for such
  256  sentence shall be found to exist by a preponderance of the
  257  evidence and shall be appealable to the extent normally
  258  applicable to similar findings.
  259         5. For the purpose of identification of a three-time
  260  violent felony offender, the court shall fingerprint the
  261  defendant pursuant to s. 921.241.
  262         6. For an offense committed on or after the effective date
  263  of this act, if the state attorney pursues a three-time violent
  264  felony offender sanction against the defendant and the court, in
  265  a separate proceeding pursuant to this paragraph, determines
  266  that the defendant meets the criteria under subsection (1) for
  267  imposing such sanction, the court must sentence the defendant as
  268  a three-time violent felony offender, subject to imprisonment
  269  pursuant to this section as provided in paragraph (4)(c).
  270         (c) In a separate proceeding, the court shall determine
  271  whether the defendant is a violent career criminal with respect
  272  to a primary offense committed on or after October 1, 1995. The
  273  procedure shall be as follows:
  274         1. Written notice shall be served on the defendant and the
  275  defendant’s attorney a sufficient time prior to the entry of a
  276  plea or prior to the imposition of sentence in order to allow
  277  the preparation of a submission on behalf of the defendant.
  278         2. All evidence presented shall be presented in open court
  279  with full rights of confrontation, cross-examination, and
  280  representation by counsel.
  281         3. Each of the findings required as the basis for such
  282  sentence shall be found to exist by a preponderance of the
  283  evidence and shall be appealable only as provided in paragraph
  284  (d).
  285         4. For the purpose of identification, the court shall
  286  fingerprint the defendant pursuant to s. 921.241.
  287         5. For an offense committed on or after October 1, 1995, if
  288  the state attorney pursues a violent career criminal sanction
  289  against the defendant and the court, in a separate proceeding
  290  pursuant to this paragraph, determines that the defendant meets
  291  the criteria under subsection (1) for imposing such sanction,
  292  the court must sentence the defendant as a violent career
  293  criminal, subject to imprisonment pursuant to this section
  294  unless the court finds that such sentence is not necessary for
  295  the protection of the public. If the court finds that it is not
  296  necessary for the protection of the public to sentence the
  297  defendant as a violent career criminal, the court shall provide
  298  written reasons; a written transcript of orally stated reasons
  299  is permissible, if filed by the court within 7 days after the
  300  date of sentencing. Each month, the court shall submit to the
  301  Office of Economic and Demographic Research of the Legislature
  302  the written reasons or transcripts in each case in which the
  303  court determines not to sentence a defendant as a violent career
  304  criminal as provided in this subparagraph.
  305         Section 5. This act shall take effect July 1, 2019.