Florida Senate - 2012 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 1968
Senate . House
Floor: AD/CR .
03/09/2012 03:20 PM .
The Conference Committee on SB 1968 recommended the following:
1 Senate Conference Committee Amendment (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 938.25, Florida Statutes, is
7 transferred, renumbered as section 938.055, Florida Statutes,
8 and amended to read:
938.25 Operating Trust Fund of the Department of
10 Law Enforcement.—Notwithstanding any other law provision to the
11 contrary of the laws of this state, the court may assess a any
12 defendant who pleads guilty or nolo contendere to, or is
13 convicted of, a violation of any provision of chapters 775-896
14 s. 893.13, without regard to whether adjudication was withheld,
15 in addition to any fine and other penalty provided or authorized
16 by law, an amount of $100, to be paid to the clerk of the court,
17 who shall forward it to the Department of Revenue for deposit in
18 the Operating Trust Fund of the Department of Law Enforcement to
19 be used by the statewide criminal analysis laboratory system for
20 the purposes specified in s. 943.361. This amount shall be
21 assessed if the services of a local county-operated crime
22 laboratory enumerated in s. 943.35(1) are used in connection
23 with the investigation or prosecution of a violation of any
24 provision of chapters 775-896. The court is authorized to order
25 a defendant to pay an additional assessment if it finds that the
26 defendant has the ability to pay the fine and the additional
27 assessment and will not be prevented thereby from being
28 rehabilitated or from making restitution.
29 Section 2. Paragraph (l) of subsection (1) of section
30 921.187, Florida Statutes, is amended to read:
31 921.187 Disposition and sentencing; alternatives;
33 (1) The alternatives provided in this section for the
34 disposition of criminal cases shall be used in a manner that
35 will best serve the needs of society, punish criminal offenders,
36 and provide the opportunity for rehabilitation. If the offender
37 does not receive a state prison sentence, the court may:
38 (l)1. Require the offender who violates any criminal
39 provision of chapter 893 to pay an additional assessment in an
40 amount up to the amount of any fine imposed, pursuant to ss.
41 938.21 and 938.23.
42 2. Require the offender who violates any provision of s.
43 893.13 to pay an additional assessment in an amount of $100,
44 pursuant to ss. 938.055 938.25 and 943.361.
45 Section 3. Section 943.361, Florida Statutes, is amended to
47 943.361 Statewide criminal analysis laboratory system;
48 funding through fine surcharges.—
49 (1) Funds deposited pursuant to ss. 938.055 and 938.07 and
50 938.25 for the statewide criminal analysis laboratory system
51 shall be used for state reimbursements to local county-operated
52 crime laboratories enumerated in s. 943.35(1), and for the
53 equipment, health, safety, and training of member crime
54 laboratories of the statewide criminal analysis laboratory
56 (2) Moneys deposited pursuant to ss. 938.055 and 938.07 and
57 938.25 for the statewide criminal analysis laboratory system
58 shall be appropriated by the Legislature in accordance with the
59 provisions of chapter 216 and with the purposes stated in
60 subsection (1).
61 Section 4. This act shall take effect October 1, 2012.
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete everything before the enacting clause
66 and insert:
67 A bill to be entitled
68 An act relating to criminal justice; transferring,
69 renumbering, and amending s. 938.25, F.S.; requiring a
70 court to assess a specified fine against a defendant
71 who pleads guilty or nolo contendere to, or who is
72 convicted of, violating certain specified offenses if
73 the services of a criminal analysis laboratory are
74 used in the investigation of the offense; providing
75 for the proceeds of the assessment to be deposited
76 into the Operating Trust Fund of the Department of Law
77 Enforcement and used by the statewide criminal
78 analysis laboratory system; amending ss. 921.187 and
79 943.361, F.S.; conforming cross-references to changes
80 made by the act; providing an effective date.