HB 4159

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 quarterly submit deviation memoranda relating
5	to offenders who are not sentenced to the mandatory
6	minimum prison sentence in cases involving the possession
7	or use of a weapon; amending s. 775.082, F.S.; deleting a
8	provision that requires each state attorney to quarterly
9	submit deviation memoranda relating to why a defendant did
10	not receive the mandatory minimum prison sentence in cases
11	involving certain specified offenses; repealing s.
12	775.08401, F.S., relating to criteria to be used when
13	state attorneys decide to pursue habitual felony offenders
14	or habitual violent felony offenders; repealing s.
15	775.087(5), F.S., relating to a provision that requires
16	each state attorney to report why a case-qualified
17	defendant did not receive the mandatory minimum prison
18	sentence in cases involving certain specified offenses;
19	repealing s. 985.557(4), F.S., relating to direct-file
20	policies and guidelines for juveniles; amending s.
21	775.0843, F.S.; conforming a cross-reference; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 27.366, Florida Statutes, is amended to
27	read:
28	27.366  Legislative intent and policy in cases meeting
29	criteria of s. 775.087(2) and (3); report.-
30	(1)  It is the intent of the Legislature that convicted
31	criminal offenders who meet the criteria in s. 775.087(2) and
32	(3) be sentenced to the minimum mandatory prison terms provided
33	herein. It is the intent of the Legislature to establish zero
34	tolerance of criminals who use, threaten to use, or avail
35	themselves of firearms in order to commit crimes and thereby
36	demonstrate their lack of value for human life. It is also the
37	intent of the Legislature that prosecutors should appropriately
38	exercise their discretion in those cases in which the offenders'
39	possession of the firearm is incidental to the commission of a
40	crime and not used in furtherance of the crime, used in order to
41	commit the crime, or used in preparation to commit the crime.
42	For every case in which the offender meets the criteria in this
43	act and does not receive the mandatory minimum prison sentence,
44	the state attorney must explain the sentencing deviation in
45	writing and place such explanation in the case file maintained
46	by the state attorney. On a quarterly basis, each state attorney
47	shall submit copies of deviation memoranda regarding offenses
48	committed on or after the effective date of this act to the
49	President of the Florida Prosecuting Attorneys Association, Inc.
50	The association must maintain such information and make such
51	information available to the public upon request for at least a
52	10-year period.
53	(2)  Effective July 1, 2000, each state attorney shall
54	annually report to the Speaker of the House of Representatives,
55	the President of the Senate, and the Executive Office of the
56	Governor regarding the prosecution and sentencing of offenders
57	who met the criteria in s. 775.087(2) and (3). The report must
58	categorize the defendants by age, gender, race, and ethnicity.
59	Cases in which a final disposition has not yet been reached
60	shall be reported in a subsequent annual report.
61	Section 2.  Paragraph (d) of subsection (9) of section
62	775.082, Florida Statutes, is amended to read:
63	775.082  Penalties; applicability of sentencing structures;
64	mandatory minimum sentences for certain reoffenders previously
65	released from prison.-
66	(9)
67	(d)1.  It is the intent of the Legislature that offenders
68	previously released from prison who meet the criteria in
69	paragraph (a) be punished to the fullest extent of the law and
70	as provided in this subsection, unless the state attorney
71	determines that extenuating circumstances exist which preclude
72	the just prosecution of the offender, including whether the
73	victim recommends that the offender not be sentenced as provided
74	in this subsection.
75	2.  For every case in which the offender meets the criteria
76	in paragraph (a) and does not receive the mandatory minimum
77	prison sentence, the state attorney must explain the sentencing
78	deviation in writing and place such explanation in the case file
79	maintained by the state attorney. On an annual basis, each state
80	attorney shall submit copies of deviation memoranda regarding
81	offenses committed on or after the effective date of this
82	subsection, to the president of the Florida Prosecuting
83	Attorneys Association, Inc. The association must maintain such
84	information, and make such information available to the public
85	upon request, for at least a 10-year period.
86	Section 3.  Section 775.08401, Florida Statutes, is
87	repealed.
88	Section 4.  Subsection (5) of section 775.087, Florida
89	Statutes, is repealed.
90	Section 5.  Subsection (4) of section 985.557, Florida
91	Statutes, is repealed.
92	Section 6.  Subsection (5) of section 775.0843, Florida
93	Statutes, is amended to read:
94	775.0843  Policies to be adopted for career criminal
95	cases.-
96	(5)  Each career criminal apprehension program shall
97	concentrate on the identification and arrest of career criminals
98	and the support of subsequent prosecution. The determination of
99	which suspected felony offenders shall be the subject of career
100	criminal apprehension efforts shall be made in accordance with
101	written target selection criteria selected by the individual law
102	enforcement agency and state attorney consistent with the
103	provisions of this section and s. ss. 775.08401 and 775.0842.
104	Section 7.  This act shall take effect July 1, 2011.

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