Florida Senate - 2013                              CS for SB 288
       
       
       
       By the Committee on Judiciary; and Senator Bradley
       
       
       
       
       590-03886-13                                           2013288c1
    1                        A bill to be entitled                      
    2         An act relating to costs of prosecution,
    3         investigation, and representation; amending s.
    4         903.286, F.S.; providing for the withholding of unpaid
    5         costs of prosecution and representation from the
    6         return of a cash bond posted on behalf of a criminal
    7         defendant; requiring a notice on bond forms of such
    8         possible withholding; amending s. 938.27, F.S.;
    9         clarifying the types of cases that are subject to the
   10         collection and dispensing of cost payments by the
   11         clerk of the court; amending s. 985.032, F.S.;
   12         providing for assessment of costs of prosecution
   13         against a juvenile who has been adjudicated delinquent
   14         or has adjudication of delinquency withheld; amending
   15         s. 985.455, F.S.; providing that a child adjudicated
   16         delinquent may perform community service in lieu of
   17         certain costs and fees; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 903.286, Florida Statutes, is amended to
   22  read:
   23         903.286 Return of cash bond; requirement to withhold unpaid
   24  fines, fees, court costs; cash bond forms.—
   25         (1) Notwithstanding s. 903.31(2), the clerk of the court
   26  shall withhold from the return of a cash bond posted on behalf
   27  of a criminal defendant by a person other than a bail bond agent
   28  licensed pursuant to chapter 648 sufficient funds to pay any
   29  unpaid costs of prosecution, costs of representation as provided
   30  by ss. 27.52 and 938.29, court fees, court costs, and criminal
   31  penalties. If sufficient funds are not available to pay all
   32  unpaid costs of prosecution, costs of representation as provided
   33  by ss. 27.52 and 938.29, court fees, court costs, and criminal
   34  penalties, the clerk of the court shall immediately obtain
   35  payment from the defendant or enroll the defendant in a payment
   36  plan pursuant to s. 28.246.
   37         (2) All cash bond forms used in conjunction with the
   38  requirements of s. 903.09 must prominently display a notice
   39  explaining that all funds are subject to forfeiture and
   40  withholding by the clerk of the court for the payment of costs
   41  of prosecution, costs of representation as provided by ss. 27.52
   42  and 938.29, court fees, court costs, and criminal penalties on
   43  behalf of the criminal defendant regardless of who posted the
   44  funds.
   45         Section 2. Section 938.27, Florida Statutes, is amended to
   46  read:
   47         938.27 Judgment for costs of prosecution and investigation
   48  on conviction.—
   49         (1) In all criminal and violation-of-probation or
   50  community-control cases, convicted persons are liable for
   51  payment of the costs of prosecution, including investigative
   52  costs incurred by law enforcement agencies, by fire departments
   53  for arson investigations, and by investigations of the
   54  Department of Financial Services or the Office of Financial
   55  Regulation of the Financial Services Commission, if requested by
   56  such agencies. The court shall include these costs in every
   57  judgment rendered against the convicted person. For purposes of
   58  this section, “convicted” means a determination of guilt, or of
   59  violation of probation or community control, which is a result
   60  of a plea, trial, or violation proceeding, regardless of whether
   61  adjudication is withheld.
   62         (2)(a) The court shall impose the costs of prosecution and
   63  investigation notwithstanding the defendant’s present ability to
   64  pay. The court shall require the defendant to pay the costs
   65  within a specified period or pursuant to a payment plan under s.
   66  28.246(4).
   67         (b) The end of such period or the last such installment
   68  must not be later than:
   69         1. The end of the period of probation or community control,
   70  if probation or community control is ordered;
   71         2. Five years after the end of the term of imprisonment
   72  imposed, if the court does not order probation or community
   73  control; or
   74         3. Five years after the date of sentencing in any other
   75  case.
   76  
   77  However, the obligation to pay any unpaid amounts does not
   78  expire if not paid in full within the period specified in this
   79  paragraph.
   80         (c) If not otherwise provided by the court under this
   81  section, costs must shall be paid immediately.
   82         (3) If a defendant is placed on probation or community
   83  control, payment of any costs under this section shall be a
   84  condition of such probation or community control. The court may
   85  revoke probation or community control if the defendant fails to
   86  pay these costs.
   87         (4) Any dispute as to the proper amount or type of costs
   88  shall be resolved by the court by the preponderance of the
   89  evidence. The burden of demonstrating the amount of costs
   90  incurred is on the state attorney. The burden of demonstrating
   91  the financial resources of the defendant and the financial needs
   92  of the defendant is on the defendant. The burden of
   93  demonstrating such other matters as the court deems appropriate
   94  is upon the party designated by the court as justice requires.
   95         (5) Any default in payment of costs may be collected by any
   96  means authorized by law for enforcement of a judgment.
   97         (6) The clerk of the court shall collect and dispense cost
   98  payments in any case, regardless of whether the disposition of
   99  the case takes place before the judge in open court or in any
  100  other manner provided by law.
  101         (7) Investigative costs that are recovered must shall be
  102  returned to the appropriate investigative agency that incurred
  103  the expense. Such costs include actual expenses incurred in
  104  conducting the investigation and prosecution of the criminal
  105  case; however, costs may also include the salaries of permanent
  106  employees. Any investigative costs recovered on behalf of a
  107  state agency must be remitted to the Department of Revenue for
  108  deposit in the agency operating trust fund, and a report of the
  109  payment must be sent to the agency, except that any
  110  investigative costs recovered on behalf of the Department of Law
  111  Enforcement must shall be deposited in the department’s
  112  Forfeiture and Investigative Support Trust Fund under s.
  113  943.362.
  114         (8) Costs for the state attorney must shall be set in all
  115  cases at no less than $50 per case when a misdemeanor or
  116  criminal traffic offense is charged and no less than $100 per
  117  case when a felony offense is charged, including a proceeding in
  118  which the underlying offense is a violation of probation or
  119  community control. The court may set a higher amount upon a
  120  showing of sufficient proof of higher costs incurred. Costs
  121  recovered on behalf of the state attorney under this section
  122  must shall be deposited into the State Attorneys Revenue Trust
  123  Fund to be used during the fiscal year in which the funds are
  124  collected, or in any subsequent fiscal year, for actual expenses
  125  incurred in investigating and prosecuting criminal cases, which
  126  may include the salaries of permanent employees, or for any
  127  other purpose authorized by the Legislature.
  128         Section 3. Section 985.032, Florida Statutes, is amended to
  129  read:
  130         985.032 Legal representation for delinquency cases.—
  131         (1) For cases arising under this chapter, the state
  132  attorney shall represent the state.
  133         (2) A juvenile who has been adjudicated delinquent or has
  134  adjudication of delinquency withheld shall be assessed costs of
  135  prosecution as provided in s. 938.27.
  136         Section 4. Paragraph (d) is added to subsection (1) of
  137  section 985.455, Florida Statutes, to read:
  138         985.455 Other dispositional issues.—
  139         (1) The court that has jurisdiction over an adjudicated
  140  delinquent child may, by an order stating the facts upon which a
  141  determination of a sanction and rehabilitative program was made
  142  at the disposition hearing:
  143         (d) Order the child, upon a determination of the child’s
  144  inability to pay, to perform community service in lieu of all
  145  court costs assessed against the delinquent child, including
  146  costs of prosecution, public defender application fees, and
  147  costs of representation.
  148         Section 5. This act shall take effect July 1, 2013.