Florida Senate - 2011 SB 2118
By the Committee on Budget
576-03557-11 20112118__
1 A bill to be entitled
2 An act relating to criminal justice; repealing s.
3 16.61, F.S., relating to the Cybercrime Office within
4 the Department of Legal Affairs; amending s. 943.13,
5 F.S.; limiting the number of hours in the basic
6 recruit training program required for correctional
7 officers, unless the officer is otherwise exempt;
8 creating s. 943.0415, F.S.; creating the Cybercrime
9 Office within the Department of Law Enforcement to
10 investigate certain violations of state law pertaining
11 to the sexual exploitation of children; repealing ss.
12 951.231(1)(c) and 958.045, F.S., relating to the basic
13 training program for youthful offenders within the
14 Department of Corrections; transferring and
15 reassigning functions and responsibilities of the
16 Cybercrime Office from the Department of Legal Affairs
17 to the Department of Law Enforcement; transferring,
18 renumbering, and amending s. 938.25, F.S.; requiring a
19 court to assess an additional amount against a
20 defendant who pleads guilty or nolo contendere to, or
21 who is convicted of, violating certain specified
22 offenses, and the services of a criminal analysis
23 laboratory are used in the investigation of the
24 offense; providing for the proceeds of the assessment
25 to be deposited into the Operating Trust Fund of the
26 Department of Law Enforcement and used by the
27 statewide criminal analysis laboratory system;
28 prohibiting the court from waiving the assessment;
29 amending ss. 921.187 and 943.361, F.S.; conforming
30 cross-references; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 16.61, Florida Statutes, is repealed.
35 Section 2. Subsection (9) of section 943.13, Florida
36 Statutes, is amended to read:
37 943.13 Officers’ minimum qualifications for employment or
38 appointment.—On or after October 1, 1984, any person employed or
39 appointed as a full-time, part-time, or auxiliary law
40 enforcement officer or correctional officer; on or after October
41 1, 1986, any person employed as a full-time, part-time, or
42 auxiliary correctional probation officer; and on or after
43 October 1, 1986, any person employed as a full-time, part-time,
44 or auxiliary correctional officer by a private entity under
45 contract to the Department of Corrections, to a county
46 commission, or to the Department of Management Services shall:
47 (9) Complete a commission-approved basic recruit training
48 program for the applicable criminal justice discipline, unless
49 exempt under this subsection. The basic recruit training for
50 state correctional officers and correctional officers employed
51 by a private entity under chapter 957 is limited to 360 hours of
52 training. An applicant who has:
53 (a) Completed a comparable basic recruit training program
54 for the applicable criminal justice discipline in another state
55 or for the Federal Government; and
56 (b) Served as a full-time sworn officer in another state or
57 for the Federal Government for at least 1 year provided there is
58 no more than an 8-year break in employment, as measured from the
59 separation date of the most recent qualifying employment to the
60 time a complete application is submitted for an exemption under
61 this section,
62
63 is exempt in accordance with s. 943.131(2) from completing the
64 commission-approved basic recruit training program.
65 Section 3. Section 943.0415, Florida Statutes, is created
66 to read:
67 943.0415 Cybercrime Office.—There is created within the
68 Department of Law Enforcement the Cybercrime Office. The office
69 may investigate violations of state law pertaining to the sexual
70 exploitation of children which are facilitated by or connected
71 to the use of any device capable of storing electronic data.
72 Section 4. Paragraph (c) of subsection (1) of section
73 951.231, Florida Statutes, is repealed.
74 Section 5. Section 958.045, Florida Statutes, is repealed.
75 Section 6. All powers, duties, functions, records,
76 personnel, property, pending issues and existing contracts,
77 administrative authority, and unexpended balances of
78 appropriations, allocations, and other funds for the
79 administration of the Cybercrime Office are transferred by a
80 type two transfer, as defined in s. 20.06(2), Florida Statutes,
81 from the Department of Legal Affairs to the Department of Law
82 Enforcement.
83 Section 7. Section 938.25, Florida Statutes, is
84 transferred, renumbered as section 938.055, Florida Statutes,
85 and amended to read:
86 938.055 938.25 Operating Trust Fund of the Department of
87 Law Enforcement.—Notwithstanding any provision to the contrary
88 of the laws of this state, the court shall may assess any
89 defendant who pleads guilty or nolo contendere to, or is
90 convicted of, a violation of any provision of chapters 775-896
91 s. 893.13, without regard to whether adjudication was withheld,
92 in addition to any fine and other penalty provided or authorized
93 by law, an amount of $100, to be paid to the clerk of the court,
94 who shall forward it to the Department of Revenue for deposit in
95 the Operating Trust Fund of the Department of Law Enforcement to
96 be used by the statewide criminal analysis laboratory system for
97 the purposes specified in s. 943.361. This amount shall be
98 assessed when the services of any criminal analysis laboratory,
99 as designated in s. 943.32, is used in connection with the
100 investigation or prosecution of a violation of any provision of
101 chapters 775-896. The court may not waive this assessment is
102 authorized to order a defendant to pay an additional assessment
103 if it finds that the defendant has the ability to pay the fine
104 and the additional assessment and will not be prevented thereby
105 from being rehabilitated or from making restitution.
106 Section 8. Paragraph (l) of subsection (1) of section
107 921.187, Florida Statutes, is amended to read:
108 921.187 Disposition and sentencing; alternatives;
109 restitution.—
110 (1) The alternatives provided in this section for the
111 disposition of criminal cases shall be used in a manner that
112 will best serve the needs of society, punish criminal offenders,
113 and provide the opportunity for rehabilitation. If the offender
114 does not receive a state prison sentence, the court may:
115 (l)1. Require the offender who violates any criminal
116 provision of chapter 893 to pay an additional assessment in an
117 amount up to the amount of any fine imposed, pursuant to ss.
118 938.21 and 938.23.
119 2. Require the offender who violates any provision of s.
120 893.13 to pay an additional assessment in an amount of $100,
121 pursuant to ss. 938.055 938.25 and 943.361.
122 Section 9. Section 943.361, Florida Statutes, is amended to
123 read:
124 943.361 Statewide criminal analysis laboratory system;
125 funding through fine surcharges.—
126 (1) Funds deposited pursuant to ss. 938.07 and 938.055
127 938.25 for the statewide criminal analysis laboratory system
128 shall be used for state reimbursements to local county-operated
129 crime laboratories enumerated in s. 943.35(1), and for the
130 equipment, health, safety, and training of member crime
131 laboratories of the statewide criminal analysis laboratory
132 system.
133 (2) Moneys deposited pursuant to ss. 938.07 and 938.055
134 938.25 for the statewide criminal analysis laboratory system
135 shall be appropriated by the Legislature in accordance with the
136 provisions of chapter 216 and with the purposes stated in
137 subsection (1).
138 Section 10. This act shall take effect July 1, 2011.