Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1508
       
       
       
       
       
       
                                Barcode 234536                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/26/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 903.286, Florida Statutes, is amended to
    6  read:
    7         903.286 Return of cash bond; requirement to withhold unpaid
    8  fines, fees, court costs; cash bond forms.—
    9         (1) Notwithstanding s. 903.31(2), the clerk of the court
   10  shall withhold from the return of a cash bond posted on behalf
   11  of a criminal defendant by a person other than a bail bond agent
   12  licensed pursuant to chapter 648 sufficient funds to pay any
   13  unpaid costs of prosecution, court fees, court costs, and
   14  criminal penalties. If sufficient funds are not available to pay
   15  all unpaid costs of prosecution, court fees, court costs, and
   16  criminal penalties, the clerk of the court shall immediately
   17  obtain payment from the defendant or enroll the defendant in a
   18  payment plan pursuant to s. 28.246.
   19         (2) All cash bond forms used in conjunction with the
   20  requirements of s. 903.09 must prominently display a notice
   21  explaining that all funds are subject to forfeiture and
   22  withholding by the clerk of the court for the payment of costs
   23  of prosecution, court fees, court costs, and criminal penalties
   24  on behalf of the criminal defendant regardless of who posted the
   25  funds.
   26         Section 2. Section 938.27, Florida Statutes, is amended to
   27  read:
   28         938.27 Judgment for costs on conviction.—
   29         (1) In all criminal and violation-of-probation or
   30  community-control cases, convicted persons and persons whose
   31  cases are disposed of pursuant to s. 948.08(6)(c) or s.
   32  948.16(2) are liable for payment of the costs of prosecution,
   33  including investigative costs incurred by law enforcement
   34  agencies, by fire departments for arson investigations, and by
   35  investigations of the Department of Financial Services or the
   36  Office of Financial Regulation of the Financial Services
   37  Commission, if requested by such agencies. The court shall
   38  include these costs in every judgment rendered against the
   39  convicted person. For purposes of this section, “convicted”
   40  means a determination of guilt, or of violation of probation or
   41  community control, which is a result of a plea, trial, or
   42  violation proceeding, regardless of whether adjudication is
   43  withheld.
   44         (2)(a) Notwithstanding any other provision of law, court
   45  rule, or administrative order, the court shall impose the costs
   46  of prosecution and investigation. Costs of prosecution and
   47  investigation shall not be converted to any form of court
   48  ordered community service in lieu of this statutory financial
   49  obligation.
   50         (b)(a) The court shall impose the costs of prosecution and
   51  investigation notwithstanding the defendant’s present ability to
   52  pay. The court shall require the defendant to pay the costs
   53  within a specified period or in specified installments.
   54         (c)(b) The end of such period or the last such installment
   55  shall not be later than:
   56         1. The end of the period of probation or community control,
   57  if probation or community control is ordered;
   58         2. Five years after the end of the term of imprisonment
   59  imposed, if the court does not order probation or community
   60  control; or
   61         3. Five years after the date of sentencing in any other
   62  case.
   63  
   64  However, in no event shall the obligation to pay any unpaid
   65  amounts expire if not paid in full within the period specified
   66  in this paragraph.
   67         (d)(c) If not otherwise provided by the court under this
   68  section, costs shall be paid immediately.
   69         (3) If a defendant is placed on probation or community
   70  control, payment of any costs under this section shall be a
   71  condition of such probation or community control. The court may
   72  revoke probation or community control if the defendant fails to
   73  pay these costs.
   74         (4) Any dispute as to the proper amount or type of costs
   75  shall be resolved by the court by the preponderance of the
   76  evidence. The burden of demonstrating the amount of costs
   77  incurred is on the state attorney. The burden of demonstrating
   78  the financial resources of the defendant and the financial needs
   79  of the defendant is on the defendant. The burden of
   80  demonstrating such other matters as the court deems appropriate
   81  is upon the party designated by the court as justice requires.
   82         (5) Any default in payment of costs may be collected by any
   83  means authorized by law for enforcement of a judgment.
   84         (6) The clerk of the court shall collect and dispense cost
   85  payments in any case, regardless of whether the disposition of
   86  the case takes place before the judge in open court or in any
   87  other manner provided by law.
   88         (7) Investigative costs that are recovered shall be
   89  returned to the appropriate investigative agency that incurred
   90  the expense. Such costs include actual expenses incurred in
   91  conducting the investigation and prosecution of the criminal
   92  case; however, costs may also include the salaries of permanent
   93  employees. Any investigative costs recovered on behalf of a
   94  state agency must be remitted to the Department of Revenue for
   95  deposit in the agency operating trust fund, and a report of the
   96  payment must be sent to the agency, except that any
   97  investigative costs recovered on behalf of the Department of Law
   98  Enforcement shall be deposited in the department’s Forfeiture
   99  and Investigative Support Trust Fund under s. 943.362.
  100         (8) Costs for the state attorney shall be set in all cases
  101  at no less than $50 per case when a misdemeanor or criminal
  102  traffic offense is charged and no less than $100 per case when a
  103  felony offense is charged, including a proceeding in which the
  104  underlying offense is a violation of probation or community
  105  control. The court may set a higher amount upon a showing of
  106  sufficient proof of higher costs incurred. Costs recovered on
  107  behalf of the state attorney under this section shall be
  108  deposited into the State Attorneys Revenue Trust Fund to be used
  109  during the fiscal year in which the funds are collected, or in
  110  any subsequent fiscal year, for actual expenses incurred in
  111  investigating and prosecuting criminal cases, which may include
  112  the salaries of permanent employees, or for any other purpose
  113  authorized by the Legislature.
  114         Section 3. Section 985.032, Florida Statutes, is amended to
  115  read:
  116         985.032 Legal representation for delinquency cases.—
  117         (1) For cases arising under this chapter, the state
  118  attorney shall represent the state.
  119         (2) A juvenile who has been adjudicated delinquent or has
  120  adjudication of delinquency withheld shall be assessed costs of
  121  prosecution as provided in s. 938.27.
  122         Section 4. This act shall take effect July 1, 2011.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125         And the title is amended as follows:
  126         Delete everything before the enacting clause
  127  and insert:
  128                        A bill to be entitled                      
  129         An act relating to costs of prosecution; amending s.
  130         903.286, F.S.; providing for the withholding of unpaid
  131         costs of prosecution from the return of a cash bond
  132         posted on behalf of a criminal defendant; requiring a
  133         notice on bond forms of such possible withholding;
  134         amending s. 938.27, F.S.; providing liability for the
  135         cost of prosecution for persons whose cases are
  136         disposed of under specified provisions; requiring
  137         courts to impose the costs of prosecution and
  138         investigation; requiring that costs of prosecution and
  139         investigation not be converted to any form of court
  140         ordered community service; clarifying the types of
  141         cases from which the clerk of the court must collect
  142         and dispense cost payments; amending s. 985.032, F.S.;
  143         providing for assessment of costs of prosecution
  144         against a juvenile who has been adjudicated delinquent
  145         or has adjudication of delinquency withheld; providing
  146         an effective date.