Florida Senate - 2020                                     SB 846
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00884-20                                             2020846__
    1                        A bill to be entitled                      
    2         An act relating to costs of prosecution and
    3         investigation; amending s. 938.27, F.S.; prohibiting
    4         the inclusion in negotiated plea agreements of costs
    5         for the state attorney which are greater than the
    6         minimum required; reenacting s. 985.032(2), F.S.,
    7         relating to assessing costs of prosecution to a
    8         juvenile, to incorporate the amendment made to s.
    9         938.27, F.S., in a reference thereto; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (2) through (8) of section
   15  938.27, Florida Statutes, are redesignated as subsections (3)
   16  through (9), respectively, a new subsection (2) is added to that
   17  section, and present subsection (8) of that section is amended,
   18  to read:
   19         938.27 Judgment for costs of prosecution and
   20  investigation.—
   21         (2) Costs for the state attorney must be set in all cases
   22  at no less than $50 per case when a misdemeanor or criminal
   23  traffic offense is charged and no less than $100 per case when a
   24  felony offense is charged, including a proceeding in which the
   25  underlying offense is a violation of probation or community
   26  control. The court may set a higher amount upon a showing of
   27  sufficient proof of higher costs incurred; however, that amount
   28  may not be included as part of a negotiated plea agreement
   29  submitted to the court for consideration.
   30         (9)(8) Costs for the state attorney must be set in all
   31  cases at no less than $50 per case when a misdemeanor or
   32  criminal traffic offense is charged and no less than $100 per
   33  case when a felony offense is charged, including a proceeding in
   34  which the underlying offense is a violation of probation or
   35  community control. The court may set a higher amount upon a
   36  showing of sufficient proof of higher costs incurred. Costs
   37  recovered on behalf of the state attorney under this section
   38  must be deposited into the State Attorneys Revenue Trust Fund to
   39  be used during the fiscal year in which the funds are collected,
   40  or in any subsequent fiscal year, for actual expenses incurred
   41  in investigating and prosecuting criminal cases, which may
   42  include the salaries of permanent employees, or for any other
   43  purpose authorized by the Legislature.
   44         Section 2. For the purpose of incorporating the amendment
   45  made by this act to section 938.27, Florida Statutes, in a
   46  reference thereto, subsection (2) of section 985.032, Florida
   47  Statutes, is reenacted to read:
   48         985.032 Legal representation for delinquency cases.—
   49         (2) A juvenile who has been adjudicated delinquent or has
   50  adjudication of delinquency withheld shall be assessed costs of
   51  prosecution as provided in s. 938.27.
   52         Section 3. This act shall take effect July 1, 2020.