Florida Senate - 2015                                    SB 1540
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00679-15                                            20151540__
    1                        A bill to be entitled                      
    2         An act relating to costs associated with the dismissal
    3         of criminal charges; creating s. 939.061, F.S.;
    4         entitling criminal defendants who successfully claim
    5         immunity under s. 776.032, F.S., to an award of
    6         specified costs and attorney fees; specifying a
    7         procedure for submitting reimbursement requests;
    8         requiring the Justice Administrative Commission to
    9         audit and approve the reimbursement request if the
   10         requested private attorney fees and costs are
   11         reasonable and supported with valid documentation;
   12         requiring reimbursements to be paid from the operating
   13         trust fund of the state attorney who prosecuted the
   14         defendant; limiting the amount of the award; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 939.061, Florida Statutes, is created to
   20  read:
   21         939.061 Motion to dismiss; costs.—
   22         (1) If a defendant files a motion to dismiss claiming
   23  immunity from criminal prosecution under s. 776.032 and the
   24  court grants the motion, the defendant shall be reimbursed for
   25  court costs and reasonable private attorney fees incurred in
   26  defending the criminal prosecution, up to the limit specified in
   27  subsection (4).
   28         (2) To receive reimbursement under this section, a
   29  defendant must submit a written request for the reimbursement to
   30  the Justice Administrative Commission within 6 months of the
   31  issuance of the order granting the motion to dismiss. The
   32  defendant must include with the request an order from the court
   33  granting the motion to dismiss and documentation of any court
   34  costs or private attorney fees paid or owed.
   35         (3) The Justice Administrative Commission shall audit and
   36  make a determination within 30 days after receiving the request.
   37  If the requested court costs are supported by valid
   38  documentation and the requested private attorney fees are
   39  reasonable and supported by valid documentation, the commission
   40  shall approve the reimbursement request. Reimbursement of
   41  approved requests shall be paid to the defendant from the
   42  operating trust fund of the state attorney who prosecuted the
   43  defendant within 60 days of receipt of the approved
   44  reimbursement request.
   45         (4) Reimbursement under this section may not exceed
   46  $200,000.
   47         Section 2. This act shall take effect July 1, 2015.