Florida Senate - 2022                                    SB 1812
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01445B-22                                          20221812__
    1                        A bill to be entitled                      
    2         An act relating to duties of state attorneys; amending
    3         s. 27.14, F.S.; providing that a state attorney’s
    4         neglect of duty may serve as a basis for an
    5         investigation, a case, or a matter to be reassigned to
    6         another judicial circuit; creating s. 112.39, F.S.;
    7         providing the duties of state attorneys; requiring
    8         state attorneys to exercise prosecutorial discretion
    9         on a case-specific basis in a specified manner;
   10         providing that a state attorney adopting certain
   11         blanket policies constitutes a failure to execute his
   12         or her duty; requiring the state attorney to provide a
   13         specified written response, upon the Governor’s
   14         request; specifying the actions by a state attorney
   15         which constitute neglect of duty for purposes relating
   16         to executive suspensions; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (1) of section 27.14, Florida
   21  Statutes, is amended to read:
   22         27.14 Assigning state attorneys to other circuits.—
   23         (1) If any state attorney is disqualified to represent the
   24  state in any investigation, case, or matter pending in the
   25  courts of his or her circuit or if, for any other good and
   26  sufficient reason, including, but not limited to, the neglect of
   27  duty of such state attorney, the Governor determines that the
   28  ends of justice would be best served, the Governor may, by
   29  executive order filed with the Department of State, either order
   30  an exchange of circuits or of courts between such state attorney
   31  and any other state attorney or order an assignment of any state
   32  attorney to discharge the duties of the state attorney with
   33  respect to one or more specified investigations, cases, or
   34  matters, specified in general in the executive order of the
   35  Governor. Any exchange or assignment of any state attorney to a
   36  particular circuit shall expire 12 months after the date of
   37  issuance, unless an extension is approved by order of the
   38  Supreme Court upon application of the Governor showing good and
   39  sufficient cause to extend such exchange or assignment.
   40         Section 2. Section 112.39, Florida Statutes, is created to
   41  read:
   42         112.39 Suspension of state attorneys for neglect of duty.—
   43         (1) It is the duty of the state attorney to faithfully
   44  enforce the criminal laws of this state. In executing this duty,
   45  the state attorney may exercise prosecutorial discretion by
   46  making, or directing his or her subordinates to make, case
   47  specific determinations as to whether the facts of each case in
   48  the judicial circuit justify prosecution. The adoption of a
   49  blanket policy, whether verbal or in writing, to not prosecute
   50  any type of offense, including a capital offense; to downgrade
   51  charges for any type of offense; or to not seek an otherwise
   52  authorized sentence for any type of offense, including, but not
   53  limited to, prison or the death penalty, constitutes the state
   54  attorney’s failure to faithfully enforce the criminal laws of
   55  this state.
   56         (2) It is the duty of the state attorney, upon request of
   57  the Governor, to promptly provide information in writing on any
   58  subject relating to the execution of the duty to faithfully
   59  enforce the criminal laws of this state as set forth in
   60  subsection (1), including, but not limited to, any policies,
   61  whether verbal or in writing, to not prosecute any type of
   62  offense, including a capital offense; to downgrade charges for
   63  any type of offense; or to not seek an otherwise authorized
   64  sentence for any type of offense, including, but not limited to,
   65  prison or the death penalty.
   66         (3) A state attorney may be suspended from office by the
   67  Governor for neglect of duty, including, but not limited to, the
   68  state attorney’s failure to faithfully enforce the criminal laws
   69  of this state as set forth in subsection (1), or the state
   70  attorney’s failure to comply with a request made by the Governor
   71  as described in subsection (2).
   72         Section 3. This act shall take effect July 1, 2022.