Florida Senate - 2017                                    SB 1034
       By Senator Campbell
       38-01623A-17                                          20171034__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; repealing s.
    3         843.085, F.S.; deleting a prohibition against wearing
    4         or displaying certain badges or indicia of authority
    5         of certain federal, state, county, or municipal
    6         agencies without authorization; deleting a prohibition
    7         against owning or operating a motor vehicle marked or
    8         identified with certain indicia of a criminal justice
    9         agency; deleting a prohibition against selling,
   10         transferring, or giving away an authorized badge of a
   11         criminal justice agency; deleting an exception;
   12         deleting a penalty; repealing s. 918.19, F.S.;
   13         deleting a requirement that the prosecuting attorney
   14         open the closing arguments after the closing of
   15         evidence in a criminal prosecution; deleting a
   16         provision authorizing the accused or the accused’s
   17         attorney to reply; deleting a provision authorizing
   18         the prosecuting attorney to reply in rebuttal;
   19         deleting a provision requiring such criminal
   20         procedures method to control under certain
   21         circumstances; repealing s. 922.095, F.S.; deleting a
   22         requirement that a person convicted and sentenced to
   23         death pursue all possible collateral remedies in state
   24         court in accordance with specified rules; repealing s.
   25         922.108, F.S.; deleting prohibitions against
   26         specifying a particular method of execution in a
   27         sentence of death and against reversing any sentence
   28         over the wording or form of the sentencing order;
   29         repealing s. 924.051, F.S.; deleting definitions of
   30         terms; deleting requirements that the terms and
   31         conditions of direct appeals and collateral review in
   32         criminal cases be strictly enforced; amending s.
   33         925.12, F.S.; deleting provisions specifying that the
   34         Legislature intends that the Supreme Court adopt
   35         certain rules of procedure; amending s. 948.01, F.S.;
   36         deleting a requirement that the Department of
   37         Corrections, in consultation with the Office of the
   38         State Courts Administrator, develop and disseminate
   39         uniform order of supervision forms annually for the
   40         courts to use for persons placed on community
   41         supervision; amending s. 948.06, F.S.; deleting a
   42         provision authorizing a court to impose a sanction
   43         with a term of a certain duration upon the revocation
   44         or modification of probation or community control;
   45         amending s. 948.09, F.S.; deleting provisions
   46         authorizing the department, at its discretion, to
   47         require offenders under any form of supervision to
   48         submit to and pay for urinalysis testing; deleting a
   49         provision that makes a failure to make such payment
   50         grounds for revocation of supervision or removal from
   51         a pretrial intervention program; deleting an exemption
   52         to the payment requirement; deleting a requirement
   53         that the department establish a payment plan for all
   54         costs ordered by a court for collection by the
   55         department and a priority order for victim restitution
   56         payments over all other court-ordered payments;
   57         deleting a provision authorizing the department not to
   58         disburse cumulative amounts of less than a specified
   59         value to certain payees; amending s. 985.534, F.S.;
   60         conforming a provision to changes made by the act;
   61         providing an effective date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Section 843.085, Florida Statutes, is repealed.
   66         Section 2. Section 918.19, Florida Statutes, is repealed.
   67         Section 3. Section 922.095, Florida Statutes, is repealed.
   68         Section 4. Section 922.108, Florida Statutes, is repealed.
   69         Section 5. Section 924.051, Florida Statutes, is repealed.
   70         Section 6. Subsections (3) and (4) of section 925.12,
   71  Florida Statutes, are amended to read:
   72         925.12 DNA testing; defendants entering pleas.—
   73         (3) It is the intent of the Legislature that the Supreme
   74  Court adopt rules of procedure consistent with this section for
   75  a court, prior to the acceptance of a plea, to make an inquiry
   76  into the following matters:
   77         (a) Whether counsel for the defense has reviewed the
   78  discovery disclosed by the state and whether such discovery
   79  included a listing or description of physical items of evidence.
   80         (b) Whether the nature of the evidence against the
   81  defendant disclosed through discovery has been reviewed with the
   82  defendant.
   83         (c) Whether the defendant or counsel for the defendant is
   84  aware of any physical evidence disclosed by the state for which
   85  DNA testing may exonerate the defendant.
   86         (d) Whether the state is aware of any physical evidence for
   87  which DNA testing may exonerate the defendant.
   88         (4) It is the intent of the Legislature that the
   89  postponement of the proceedings by the court on the defendant’s
   90  behalf under subsection (2) constitute an extension attributable
   91  to the defendant for purposes of the defendant’s right to a
   92  speedy trial.
   93         Section 7. Subsection (1) of section 948.01, Florida
   94  Statutes, is amended to read:
   95         948.01 When court may place defendant on probation or into
   96  community control.—
   97         (1) Any state court having original jurisdiction of
   98  criminal actions may at a time to be determined by the court,
   99  with or without an adjudication of the guilt of the defendant,
  100  hear and determine the question of the probation of a defendant
  101  in a criminal case, except for an offense punishable by death,
  102  who has been found guilty by the verdict of a jury, has entered
  103  a plea of guilty or a plea of nolo contendere, or has been found
  104  guilty by the court trying the case without a jury.
  105         (a) If the court places the defendant on probation or into
  106  community control for a felony, the department shall provide
  107  immediate supervision by an officer employed in compliance with
  108  the minimum qualifications for officers as provided in s.
  109  943.13. A private entity may not provide probationary or
  110  supervision services to felony or misdemeanor offenders
  111  sentenced or placed on probation or other supervision by the
  112  circuit court.
  113         (b) The department, in consultation with the Office of the
  114  State Courts Administrator, shall develop and disseminate to the
  115  courts uniform order of supervision forms by July 1 of each year
  116  or as necessary. The courts shall use the uniform order of
  117  supervision forms provided by the department for all persons
  118  placed on community supervision.
  119         Section 8. Paragraph (f) of subsection (2) of section
  120  948.06, Florida Statutes, is amended to read:
  121         948.06 Violation of probation or community control;
  122  revocation; modification; continuance; failure to pay
  123  restitution or cost of supervision.—
  124         (2)
  125         (f) Notwithstanding s. 775.082, when a period of probation
  126  or community control has been tolled, upon revocation or
  127  modification of the probation or community control, the court
  128  may impose a sanction with a term that when combined with the
  129  amount of supervision served and tolled, exceeds the term
  130  permissible pursuant to s. 775.082 for a term up to the amount
  131  of the tolled period of supervision.
  132         Section 9. Subsections (6) and (7) of section 948.09,
  133  Florida Statutes, are amended to read:
  134         948.09 Payment for cost of supervision and rehabilitation.—
  135         (6) In addition to any other required contributions, the
  136  department, at its discretion, may require offenders under any
  137  form of supervision to submit to and pay for urinalysis testing
  138  to identify drug usage as part of the rehabilitation program.
  139  Any failure to make such payment, or participate, may be
  140  considered a ground for revocation by the court, the Florida
  141  Commission on Offender Review, or the Control Release Authority,
  142  or for removal from the pretrial intervention program by the
  143  state attorney. The department may exempt a person from such
  144  payment if it determines that any of the factors specified in
  145  subsection (3) exist.
  146         (7) The department shall establish a payment plan for all
  147  costs ordered by the courts for collection by the department and
  148  a priority order for payments, except that victim restitution
  149  payments authorized under s. 948.03(1)(f) take precedence over
  150  all other court-ordered payments. The department is not required
  151  to disburse cumulative amounts of less than $10 to individual
  152  payees established on this payment plan.
  153         Section 10. Subsection (1) of section 985.534, Florida
  154  Statutes, is amended to read:
  155         985.534 Appeal.—
  156         (1) An appeal from an order of the court affecting a party
  157  to a case involving a child under this chapter may be taken to
  158  the appropriate district court of appeal within the time and in
  159  the manner prescribed by s. 924.051 and the Florida Rules of
  160  Appellate Procedure by:
  161         (a) Any child, and any parent or legal guardian or
  162  custodian of any child.
  163         (b) The state, which may appeal from:
  164         1. An order dismissing a petition or any section thereof;
  165         2. An order granting a new adjudicatory hearing;
  166         3. An order arresting judgment;
  167         4. A ruling on a question of law when the child is
  168  adjudicated delinquent and appeals from the judgment;
  169         5. The disposition, on the ground that it is illegal;
  170         6. A judgment discharging a child on habeas corpus;
  171         7. An order adjudicating a child insane under the Florida
  172  Rules of Juvenile Procedure; and
  173         8. All other preadjudicatory hearings, except that the
  174  state may not take more than one appeal under this subsection in
  175  any case.
  177  In the case of an appeal by the state, the notice of appeal
  178  shall be filed by the appropriate state attorney or his or her
  179  authorized assistant under s. 27.18. Such an appeal shall embody
  180  all assignments of error in each preadjudicatory hearing order
  181  that the state seeks to have reviewed. The state shall pay all
  182  costs of the appeal except for the child’s attorney’s fee.
  183         Section 11. This act shall take effect upon becoming a law.