Senate Bill sb0948c1

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    Florida Senate - 2002                            CS for SB 948

    By the Committee on Criminal Justice; and Senator Smith





    307-2063-02

  1                      A bill to be entitled

  2         An act relating to state attorneys; amending s.

  3         27.345, F.S., relating to the State Attorney

  4         RICO Trust Fund; revising reporting

  5         requirements; amending s. 775.082, F.S.;

  6         revising requirements for explanation,

  7         submission, and maintenance of sentencing

  8         deviation reports for prison release

  9         reoffenders who do not receive the mandatory

10         minimum sentence; amending s. 775.08401, F.S.;

11         revising requirements for explanation,

12         submission, and maintenance of sentencing

13         deviation reports relating to eligibility

14         criteria for sentencing of habitual offenders,

15         habitual violent felony offenders, and violent

16         career criminals; repealing s. 27.365, F.S.,

17         relating to the annual report by the Florida

18         Prosecuting Attorneys Association regarding

19         prosecutions under ss. 794.011, 794.05, 800.04,

20         827.04(3), F.S.; repealing s. 39.205(7), F.S.,

21         relating to establishment and publication of

22         procedures for prosecution of persons under s.

23         39.205, F.S., and reports on the disposition of

24         complaints relating to reporting of child

25         abuse, abandonment, or neglect; repealing s.

26         415.111(6), F.S., relating to establishment and

27         publication of procedures for prosecution of

28         persons under s. 415.111, F.S., and reports on

29         the disposition of complaints relating to

30         reporting of abuse, neglect, or exploitation of

31         vulnerable adults; providing an effective date.

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    Florida Senate - 2002                            CS for SB 948
    307-2063-02




  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  Subsection (3) of section 27.345, Florida

  4  Statutes, is amended to read:

  5         27.345  State Attorney RICO Trust Fund; authorized use

  6  of funds; reporting.--

  7         (3)  Each state attorney that has established a State

  8  Attorney RICO Trust Fund shall report to the Executive Office

  9  of the Governor annually by November 15, commencing in 1985,

10  the amounts recovered pursuant to this section for the

11  previous fiscal year.

12         Section 2.  Paragraph (d) of subsection (9) of section

13  775.082, Florida Statutes, is amended to read:

14         775.082  Penalties; applicability of sentencing

15  structures; mandatory minimum sentences for certain

16  reoffenders previously released from prison.--

17         (9)

18         (d)1.  It is the intent of the Legislature that

19  offenders previously released from prison who meet the

20  criteria in paragraph (a) be punished to the fullest extent of

21  the law and as provided in this subsection, unless the state

22  attorney determines that extenuating circumstances exist which

23  preclude the just prosecution of the offender, including

24  whether the victim recommends that the offender not be

25  sentenced as provided in this subsection.

26         2.  For every case in which the offender meets the

27  criteria in paragraph (a) and does not receive the mandatory

28  minimum prison sentence, the state attorney must explain the

29  sentencing deviation in writing and place such explanation in

30  the case file maintained by the state attorney. On a quarterly

31  basis, each state attorney shall submit copies of deviation

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    Florida Senate - 2002                            CS for SB 948
    307-2063-02




  1  memoranda regarding offenses committed on or after the

  2  effective date of this subsection, to the president of the

  3  Florida Prosecuting Attorneys Association, Inc.  The

  4  association must maintain such information, and make such

  5  information available to the public upon request, for at least

  6  a 10-year period.

  7         Section 3.  Subsection (3) of section 775.08401,

  8  Florida Statutes, is amended to read:

  9         775.08401  Habitual offenders and habitual violent

10  felony offenders; violent career criminals; eligibility

11  criteria.--

12         (3)(a)  A deviation from these this criteria must be

13  explained in writing, signed by the state attorney, and placed

14  in the case file maintained by the state attorney.

15         (b)  On a quarterly basis, each state attorney shall

16  submit copies of deviation memoranda regarding offenses

17  committed on or after October 1, 1995, to the president of the

18  Florida Prosecuting Attorneys Association, Inc. The

19  association must maintain such information for at least a

20  10-year period.

21         Section 4.  Section 27.365, subsection (7) of section

22  39.205, and subsection (6) of section 415.111, Florida

23  Statutes, are repealed.

24         Section 5.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                            CS for SB 948
    307-2063-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 948

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  4  -     Amends s. 27.345(3), F.S., to clarity that only those
          state attorneys' offices that have established a RICO
  5        Trust Fund need file the report required by that
          subsection.
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    -     Maintains the requirements in current law regarding
  7        maintaining records of deviations in sentencing of
          prison releasee reoffenders and deviations from the
  8        statutory scheme for the prosecution of habitual felony
          offenders, habitual violent felony offenders, and
  9        violent career criminals.

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