| 1 | A bill to be entitled |
| 2 | An act relating to state attorneys; amending s. 27.366, |
| 3 | F.S.; deleting a provision that requires each state |
| 4 | attorney to report why a case-qualified defendant did not |
| 5 | receive the mandatory minimum prison sentence in cases |
| 6 | involving the possession or use of a weapon; amending s. |
| 7 | 775.082, F.S.; deleting a provision that requires each |
| 8 | state attorney to report why a case-qualified defendant |
| 9 | did not receive the mandatory minimum prison sentence in |
| 10 | cases involving certain specified offenses; repealing s. |
| 11 | 775.08401, F.S., relating to criteria to be used when |
| 12 | state attorneys decide to pursue habitual felony offenders |
| 13 | or habitual violent felony offenders; repealing s. |
| 14 | 775.087(5), F.S., relating to a provision that requires |
| 15 | each state attorney to report why a case-qualified |
| 16 | defendant did not receive the mandatory minimum prison |
| 17 | sentence in cases involving certain specified offenses; |
| 18 | amending s. 903.286, F.S.; requiring the clerk of the |
| 19 | court to withhold sufficient funds to pay any unpaid costs |
| 20 | of prosecution from the return of a cash bond posted on |
| 21 | behalf of a criminal defendant by a person other than a |
| 22 | bail bond agent; amending s. 938.27, F.S.; deleting |
| 23 | provisions regarding the burden of establishing financial |
| 24 | resources of the defendant; requiring the clerk of court |
| 25 | to separately record each assessment and payment of costs |
| 26 | of prosecution; requiring the clerk to prepare a monthly |
| 27 | report to the state attorney's office of the recorded |
| 28 | assessments and payments; repealing s. 985.557(4), F.S., |
| 29 | relating to direct-file policies and guidelines for |
| 30 | juveniles; amending s. 775.0843, F.S.; conforming a cross- |
| 31 | reference; providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Section 27.366, Florida Statutes, is amended to |
| 36 | read: |
| 37 | 27.366 Legislative intent and policy in cases meeting |
| 38 | criteria of s. 775.087(2) and (3); report.- |
| 39 | (1) It is the intent of the Legislature that convicted |
| 40 | criminal offenders who meet the criteria in s. 775.087(2) and |
| 41 | (3) be sentenced to the minimum mandatory prison terms provided |
| 42 | herein. It is the intent of the Legislature to establish zero |
| 43 | tolerance of criminals who use, threaten to use, or avail |
| 44 | themselves of firearms in order to commit crimes and thereby |
| 45 | demonstrate their lack of value for human life. It is also the |
| 46 | intent of the Legislature that prosecutors should appropriately |
| 47 | exercise their discretion in those cases in which the offenders' |
| 48 | possession of the firearm is incidental to the commission of a |
| 49 | crime and not used in furtherance of the crime, used in order to |
| 50 | commit the crime, or used in preparation to commit the crime. |
| 51 | For every case in which the offender meets the criteria in this |
| 52 | act and does not receive the mandatory minimum prison sentence, |
| 53 | the state attorney must explain the sentencing deviation in |
| 54 | writing and place such explanation in the case file maintained |
| 55 | by the state attorney. On a quarterly basis, each state attorney |
| 56 | shall submit copies of deviation memoranda regarding offenses |
| 57 | committed on or after the effective date of this act to the |
| 58 | President of the Florida Prosecuting Attorneys Association, Inc. |
| 59 | The association must maintain such information and make such |
| 60 | information available to the public upon request for at least a |
| 61 | 10-year period. |
| 62 | (2) Effective July 1, 2000, each state attorney shall |
| 63 | annually report to the Speaker of the House of Representatives, |
| 64 | the President of the Senate, and the Executive Office of the |
| 65 | Governor regarding the prosecution and sentencing of offenders |
| 66 | who met the criteria in s. 775.087(2) and (3). The report must |
| 67 | categorize the defendants by age, gender, race, and ethnicity. |
| 68 | Cases in which a final disposition has not yet been reached |
| 69 | shall be reported in a subsequent annual report. |
| 70 | Section 2. Paragraph (d) of subsection (9) of section |
| 71 | 775.082, Florida Statutes, is amended to read: |
| 72 | 775.082 Penalties; applicability of sentencing structures; |
| 73 | mandatory minimum sentences for certain reoffenders previously |
| 74 | released from prison.- |
| 75 | (9) |
| 76 | (d)1. It is the intent of the Legislature that offenders |
| 77 | previously released from prison who meet the criteria in |
| 78 | paragraph (a) be punished to the fullest extent of the law and |
| 79 | as provided in this subsection, unless the state attorney |
| 80 | determines that extenuating circumstances exist which preclude |
| 81 | the just prosecution of the offender, including whether the |
| 82 | victim recommends that the offender not be sentenced as provided |
| 83 | in this subsection. |
| 84 | 2. For every case in which the offender meets the criteria |
| 85 | in paragraph (a) and does not receive the mandatory minimum |
| 86 | prison sentence, the state attorney must explain the sentencing |
| 87 | deviation in writing and place such explanation in the case file |
| 88 | maintained by the state attorney. On an annual basis, each state |
| 89 | attorney shall submit copies of deviation memoranda regarding |
| 90 | offenses committed on or after the effective date of this |
| 91 | subsection, to the president of the Florida Prosecuting |
| 92 | Attorneys Association, Inc. The association must maintain such |
| 93 | information, and make such information available to the public |
| 94 | upon request, for at least a 10-year period. |
| 95 | Section 3. Section 775.08401, Florida Statutes, is |
| 96 | repealed. |
| 97 | Section 4. Subsection (5) of section 775.087, Florida |
| 98 | Statutes, is repealed. |
| 99 | Section 5. Subsection (1) of section 903.286, Florida |
| 100 | Statutes, is amended to read: |
| 101 | 903.286 Return of cash bond; requirement to withhold |
| 102 | unpaid fines, fees, court costs; cash bond forms.- |
| 103 | (1) Notwithstanding s. 903.31(2), the clerk of the court |
| 104 | shall withhold from the return of a cash bond posted on behalf |
| 105 | of a criminal defendant by a person other than a bail bond agent |
| 106 | licensed pursuant to chapter 648 sufficient funds to pay any |
| 107 | unpaid court fees, court costs, costs of prosecution, and |
| 108 | criminal penalties. If sufficient funds are not available to pay |
| 109 | all unpaid court fees, court costs, costs of prosecution, and |
| 110 | criminal penalties, the clerk of the court shall immediately |
| 111 | obtain payment from the defendant or enroll the defendant in a |
| 112 | payment plan pursuant to s. 28.246. |
| 113 | Section 6. Section 938.27, Florida Statutes, is amended to |
| 114 | read: |
| 115 | 938.27 Judgment for costs on conviction.- |
| 116 | (1) In all criminal and violation-of-probation or |
| 117 | community-control cases, convicted persons are liable for |
| 118 | payment of the costs of prosecution, including investigative |
| 119 | costs incurred by law enforcement agencies, by fire departments |
| 120 | for arson investigations, and by investigations of the |
| 121 | Department of Financial Services or the Office of Financial |
| 122 | Regulation of the Financial Services Commission, if requested by |
| 123 | such agencies. The court shall include these costs in every |
| 124 | judgment rendered against the convicted person. For purposes of |
| 125 | this section, "convicted" means a determination of guilt, or of |
| 126 | violation of probation or community control, which is a result |
| 127 | of a plea, trial, or violation proceeding, regardless of whether |
| 128 | adjudication is withheld. |
| 129 | (2)(a) The court shall impose the costs of prosecution and |
| 130 | investigation notwithstanding the defendant's present ability to |
| 131 | pay. The court shall require the defendant to pay the costs |
| 132 | within a specified period or in specified installments. |
| 133 | (b) The end of such period or the last such installment |
| 134 | shall not be later than: |
| 135 | 1. The end of the period of probation or community |
| 136 | control, if probation or community control is ordered; |
| 137 | 2. Five years after the end of the term of imprisonment |
| 138 | imposed, if the court does not order probation or community |
| 139 | control; or |
| 140 | 3. Five years after the date of sentencing in any other |
| 141 | case. |
| 142 |
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| 143 | However, in no event shall the obligation to pay any unpaid |
| 144 | amounts expire if not paid in full within the period specified |
| 145 | in this paragraph. |
| 146 | (c) If not otherwise provided by the court under this |
| 147 | section, costs shall be paid immediately. |
| 148 | (3) If a defendant is placed on probation or community |
| 149 | control, payment of any costs under this section shall be a |
| 150 | condition of such probation or community control. The court may |
| 151 | revoke probation or community control if the defendant fails to |
| 152 | pay these costs. |
| 153 | (4) Any dispute as to the proper amount or type of costs |
| 154 | shall be resolved by the court by the preponderance of the |
| 155 | evidence. The burden of demonstrating the amount of costs |
| 156 | incurred is on the state attorney. The burden of demonstrating |
| 157 | the financial resources of the defendant and the financial needs |
| 158 | of the defendant is on the defendant. The burden of |
| 159 | demonstrating such other matters as the court deems appropriate |
| 160 | is upon the party designated by the court as justice requires. |
| 161 | (5) Any default in payment of costs may be collected by |
| 162 | any means authorized by law for enforcement of a judgment. |
| 163 | (6) The clerk of the court shall collect and dispense cost |
| 164 | payments in any case. The clerk of court shall separately record |
| 165 | each assessment and the payment of costs of prosecution. Costs |
| 166 | of prosecution must be assessed by the court with respect to |
| 167 | each case number in which the court orders costs of prosecution. |
| 168 | The clerk shall provide a monthly report to the state attorney's |
| 169 | office of the assessments and payments recorded. |
| 170 | (7) Investigative costs that are recovered shall be |
| 171 | returned to the appropriate investigative agency that incurred |
| 172 | the expense. Such costs include actual expenses incurred in |
| 173 | conducting the investigation and prosecution of the criminal |
| 174 | case; however, costs may also include the salaries of permanent |
| 175 | employees. Any investigative costs recovered on behalf of a |
| 176 | state agency must be remitted to the Department of Revenue for |
| 177 | deposit in the agency operating trust fund, and a report of the |
| 178 | payment must be sent to the agency, except that any |
| 179 | investigative costs recovered on behalf of the Department of Law |
| 180 | Enforcement shall be deposited in the department's Forfeiture |
| 181 | and Investigative Support Trust Fund under s. 943.362. |
| 182 | (8) Costs for the state attorney shall be set in all cases |
| 183 | at no less than $50 per case when a misdemeanor or criminal |
| 184 | traffic offense is charged and no less than $100 per case when a |
| 185 | felony offense is charged, including a proceeding in which the |
| 186 | underlying offense is a violation of probation or community |
| 187 | control. The court may set a higher amount upon a showing of |
| 188 | sufficient proof of higher costs incurred. Costs recovered on |
| 189 | behalf of the state attorney under this section shall be |
| 190 | deposited into the state attorney's grants and donations trust |
| 191 | fund to be used during the fiscal year in which the funds are |
| 192 | collected, or in any subsequent fiscal year, for actual expenses |
| 193 | incurred in investigating and prosecuting criminal cases, which |
| 194 | may include the salaries of permanent employees, or for any |
| 195 | other purpose authorized by the Legislature. |
| 196 | Section 7. Subsection (4) of section 985.557, Florida |
| 197 | Statutes, is repealed. |
| 198 | Section 8. Subsection (5) of section 775.0843, Florida |
| 199 | Statutes, is amended to read: |
| 200 | 775.0843 Policies to be adopted for career criminal |
| 201 | cases.- |
| 202 | (5) Each career criminal apprehension program shall |
| 203 | concentrate on the identification and arrest of career criminals |
| 204 | and the support of subsequent prosecution. The determination of |
| 205 | which suspected felony offenders shall be the subject of career |
| 206 | criminal apprehension efforts shall be made in accordance with |
| 207 | written target selection criteria selected by the individual law |
| 208 | enforcement agency and state attorney consistent with the |
| 209 | provisions of this section and s. ss. 775.08401 and 775.0842. |
| 210 | Section 9. This act shall take effect July 1, 2010. |