HB 4159

1	A bill to be entitled
2	An act relating to state attorneys; amending s. 775.082,
3	F.S.; deleting provisions requiring each state attorney to
4	submit certain deviation memoranda to the president of the
5	association and requiring the association to maintain such
6	information for a specified period; repealing s.
7	775.08401, F.S., relating to criteria to be used when
8	state attorneys decide to pursue habitual felony
9	offenders, habitual violent felony offenders, or violent
10	career criminals; amending s. 775.087, F.S.; deleting
11	provisions requiring each state attorney to report why a
12	case-qualified defendant did not receive the mandatory
13	minimum prison sentence in cases involving certain
14	offenses; transferring, renumbering, and amending s.
15	27.366, F.S.; deleting a provision requiring each state
16	attorney to submit certain deviation memoranda to the
17	President of the Florida Prosecuting Attorneys
18	Association, Inc., and to report annually to the Governor
19	and Legislature; deleting a provision requiring the
20	association to maintain such information for a specified
21	period; transferring provisions relating to the intent of
22	s. 775.087, F.S., to that section; amending s. 938.27,
23	F.S.; providing that convicted persons are liable for
24	certain costs of prosecution; deleting provisions
25	regarding the burden of establishing financial resources
26	of the defendant and demonstrating other matters; amending
27	s. 985.557, F.S.; deleing provisions relating to direct-
28	file policies and guidelines for juveniles; amending s.
29	775.0843, F.S.; conforming a cross-reference; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (d) of subsection (9) of section
35	775.082, Florida Statutes, is amended to read:
36	775.082  Penalties; applicability of sentencing structures;
37	mandatory minimum sentences for certain reoffenders previously
38	released from prison.-
39	(9)
40	(d)1.  It is the intent of the Legislature that offenders
41	previously released from prison who meet the criteria in
42	paragraph (a) be punished to the fullest extent of the law and
43	as provided in this subsection, unless the state attorney
44	determines that extenuating circumstances exist which preclude
45	the just prosecution of the offender, including whether the
46	victim recommends that the offender not be sentenced as provided
47	in this subsection.
48	2.  For every case in which the offender meets the criteria
49	in paragraph (a) and does not receive the mandatory minimum
50	prison sentence, the state attorney must explain the sentencing
51	deviation in writing and place such explanation in the case file
52	maintained by the state attorney. On an annual basis, each state
53	attorney shall submit copies of deviation memoranda regarding
54	offenses committed on or after the effective date of this
55	subsection, to the president of the Florida Prosecuting
56	Attorneys Association, Inc. The association must maintain such
57	information, and make such information available to the public
58	upon request, for at least a 10-year period.
59	Section 2.  Section 775.08401, Florida Statutes, is
60	repealed.
61	Section 3.  Present subsections (5) and (6) of section
62	775.087, Florida Statutes, are amended, and section 27.366,
63	Florida Statutes, is transferred, renumbered as a new subsection
64	(6) of that section and amended, to read:
65	775.087  Possession or use of weapon; aggravated battery;
66	felony reclassification; minimum sentence.-
67	(5)  In every case in which a law enforcement agency based
68	a criminal charge on facts demonstrating that the defendant met
69	the criteria in subparagraph (2)(a)1., subparagraph (2)(a)2., or
70	subparagraph (2)(a)3. or subparagraph (3)(a)1., subparagraph
71	(3)(a)2., or subparagraph (3)(a)3. and in which the defendant
72	did not receive the mandatory penalty, the state attorney must
73	place in the court file a memorandum explaining why the minimum
74	mandatory penalty was not imposed.
75	(5)(6)  This section does not apply to law enforcement
76	officers or to United States military personnel who are
77	performing their lawful duties or who are traveling to or from
78	their places of employment or assignment to perform their lawful
79	duties.
80	27.366  Legislative intent and policy in cases meeting
81	criteria of s. 775.087(2) and (3); report.-
82	(6)(1)  It is the intent of the Legislature that convicted
83	criminal offenders who meet the criteria in subsections s.
84	775.087(2) and (3) be sentenced to the minimum mandatory prison
85	terms provided in this section herein. It is the intent of the
86	Legislature to establish zero tolerance of criminals who use,
87	threaten to use, or avail themselves of firearms in order to
88	commit crimes and thereby demonstrate their lack of value for
89	human life. It is also the intent of the Legislature that
90	prosecutors should appropriately exercise their discretion in
91	those cases in which the offenders' possession of the firearm is
92	incidental to the commission of a crime and not used in
93	furtherance of the crime, used in order to commit the crime, or
94	used in preparation to commit the crime. For every case in which
95	the offender meets the criteria in subsections (2) and (3) this
96	act and does not receive the mandatory minimum prison sentence,
97	the state attorney must explain the sentencing deviation in
98	writing and place such explanation in the case file maintained
99	by the state attorney. On a quarterly basis, each state attorney
100	shall submit copies of deviation memoranda regarding offenses
101	committed on or after the effective date of this act to the
102	President of the Florida Prosecuting Attorneys Association, Inc.
103	The association must maintain such information and make such
104	information available to the public upon request for at least a
105	10-year period.
106	(2)  Effective July 1, 2000, each state attorney shall
107	annually report to the Speaker of the House of Representatives,
108	the President of the Senate, and the Executive Office of the
109	Governor regarding the prosecution and sentencing of offenders
110	who met the criteria in s. 775.087(2) and (3). The report must
111	categorize the defendants by age, gender, race, and ethnicity.
112	Cases in which a final disposition has not yet been reached
113	shall be reported in a subsequent annual report.
114	Section 4.  Subsections (1) and (4) of section 938.27,
115	Florida Statutes, are amended to read:
116	938.27  Judgment for costs on conviction.-
117	(1)  In all criminal and violation-of-probation or
118	community-control cases, convicted persons are liable for
119	payment of the costs of prosecution, including investigative
120	costs incurred by law enforcement agencies, by fire departments
121	for arson investigations, and by investigations of the
122	Department of Financial Services or the Office of Financial
123	Regulation of the Financial Services Commission, if requested by
124	such agencies. The court shall include these costs in every
125	judgment rendered against the convicted person. For purposes of
126	this section, "convicted" means a determination of guilt, or of
127	violation of probation or community control, which is a result
128	of a plea, trial, or violation proceeding, regardless of whether
129	adjudication is withheld.
130	(4)  Any dispute as to the proper amount or type of costs
131	shall be resolved by the court by the preponderance of the
132	evidence. The burden of demonstrating the amount of costs
133	incurred is on the state attorney. The burden of demonstrating
134	the financial resources of the defendant and the financial needs
135	of the defendant is on the defendant. The burden of
136	demonstrating such other matters as the court deems appropriate
137	is upon the party designated by the court as justice requires.
138	Section 5.  Subsection (5) of section 985.557, Florida
139	Statutes, is renumbered as subsection (4), and present
140	subsection (4) of that section is amended to read:
141	985.557  Direct filing of an information; discretionary and
142	mandatory criteria.-
143	(4)  DIRECT-FILE POLICIES AND GUIDELINES.-Each state
144	attorney shall develop written policies and guidelines to govern
145	determinations for filing an information on a juvenile, to be
146	submitted to the Executive Office of the Governor, the President
147	of the Senate, and the Speaker of the House of Representatives
148	not later than January 1 of each year.
149	Section 6.  Subsection (5) of section 775.0843, Florida
150	Statutes, is amended to read:
151	775.0843  Policies to be adopted for career criminal
152	cases.-
153	(5)  Each career criminal apprehension program shall
154	concentrate on the identification and arrest of career criminals
155	and the support of subsequent prosecution. The determination of
156	which suspected felony offenders shall be the subject of career
157	criminal apprehension efforts shall be made in accordance with
158	written target selection criteria selected by the individual law
159	enforcement agency and state attorney consistent with the
160	provisions of this section and s. ss. 775.08401 and 775.0842.
161	Section 7.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.