Florida Senate - 2012             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 1968
       
       
       
       
       
       
                                Barcode 280758                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             03/09/2012 03:20 PM       .                                
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       The Conference Committee on SB 1968 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 938.25, Florida Statutes, is
    7  transferred, renumbered as section 938.055, Florida Statutes,
    8  and amended to read:
    9         938.055 938.25 Operating Trust Fund of the Department of
   10  Law Enforcement.—Notwithstanding any other law provision to the
   11  contrary of the laws of this state, the court may assess a any
   12  defendant who pleads guilty or nolo contendere to, or is
   13  convicted of, a violation of any provision of chapters 775-896
   14  s. 893.13, without regard to whether adjudication was withheld,
   15  in addition to any fine and other penalty provided or authorized
   16  by law, an amount of $100, to be paid to the clerk of the court,
   17  who shall forward it to the Department of Revenue for deposit in
   18  the Operating Trust Fund of the Department of Law Enforcement to
   19  be used by the statewide criminal analysis laboratory system for
   20  the purposes specified in s. 943.361. This amount shall be
   21  assessed if the services of a local county-operated crime
   22  laboratory enumerated in s. 943.35(1) are used in connection
   23  with the investigation or prosecution of a violation of any
   24  provision of chapters 775-896. The court is authorized to order
   25  a defendant to pay an additional assessment if it finds that the
   26  defendant has the ability to pay the fine and the additional
   27  assessment and will not be prevented thereby from being
   28  rehabilitated or from making restitution.
   29         Section 2. Paragraph (l) of subsection (1) of section
   30  921.187, Florida Statutes, is amended to read:
   31         921.187 Disposition and sentencing; alternatives;
   32  restitution.—
   33         (1) The alternatives provided in this section for the
   34  disposition of criminal cases shall be used in a manner that
   35  will best serve the needs of society, punish criminal offenders,
   36  and provide the opportunity for rehabilitation. If the offender
   37  does not receive a state prison sentence, the court may:
   38         (l)1. Require the offender who violates any criminal
   39  provision of chapter 893 to pay an additional assessment in an
   40  amount up to the amount of any fine imposed, pursuant to ss.
   41  938.21 and 938.23.
   42         2. Require the offender who violates any provision of s.
   43  893.13 to pay an additional assessment in an amount of $100,
   44  pursuant to ss. 938.055 938.25 and 943.361.
   45         Section 3. Section 943.361, Florida Statutes, is amended to
   46  read:
   47         943.361 Statewide criminal analysis laboratory system;
   48  funding through fine surcharges.—
   49         (1) Funds deposited pursuant to ss. 938.055 and 938.07 and
   50  938.25 for the statewide criminal analysis laboratory system
   51  shall be used for state reimbursements to local county-operated
   52  crime laboratories enumerated in s. 943.35(1), and for the
   53  equipment, health, safety, and training of member crime
   54  laboratories of the statewide criminal analysis laboratory
   55  system.
   56         (2) Moneys deposited pursuant to ss. 938.055 and 938.07 and
   57  938.25 for the statewide criminal analysis laboratory system
   58  shall be appropriated by the Legislature in accordance with the
   59  provisions of chapter 216 and with the purposes stated in
   60  subsection (1).
   61         Section 4. This act shall take effect October 1, 2012.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to criminal justice; transferring,
   69         renumbering, and amending s. 938.25, F.S.; requiring a
   70         court to assess a specified fine against a defendant
   71         who pleads guilty or nolo contendere to, or who is
   72         convicted of, violating certain specified offenses if
   73         the services of a criminal analysis laboratory are
   74         used in the investigation of the offense; providing
   75         for the proceeds of the assessment to be deposited
   76         into the Operating Trust Fund of the Department of Law
   77         Enforcement and used by the statewide criminal
   78         analysis laboratory system; amending ss. 921.187 and
   79         943.361, F.S.; conforming cross-references to changes
   80         made by the act; providing an effective date.