May 26, 2020
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_h0761c1
CS/HB 761

1
A bill to be entitled
2An act relating to state attorneys; amending s. 27.366,
3F.S.; deleting a provision that requires each state
4attorney to report why a case-qualified defendant did not
5receive the mandatory minimum prison sentence in cases
6involving the possession or use of a weapon; amending s.
7775.082, F.S.; deleting a provision that requires each
8state attorney to report why a case-qualified defendant
9did not receive the mandatory minimum prison sentence in
10cases involving certain specified offenses; repealing s.
11775.08401, F.S., relating to criteria to be used when
12state attorneys decide to pursue habitual felony offenders
13or habitual violent felony offenders; repealing s.
14775.087(5), F.S., relating to a provision that requires
15each state attorney to report why a case-qualified
16defendant did not receive the mandatory minimum prison
17sentence in cases involving certain specified offenses;
18amending s. 903.286, F.S.; requiring the clerk of the
19court to withhold sufficient funds to pay any unpaid costs
20of prosecution from the return of a cash bond posted on
21behalf of a criminal defendant by a person other than a
22bail bond agent; amending s. 938.27, F.S.; deleting
23provisions regarding the burden of establishing financial
24resources of the defendant; requiring the clerk of court
25to separately record each assessment and payment of costs
26of prosecution; requiring the clerk to prepare a monthly
27report to the state attorney's office of the recorded
28assessments and payments; repealing s. 985.557(4), F.S.,
29relating to direct-file policies and guidelines for
30juveniles; amending s. 775.0843, F.S.; conforming a cross-
31reference; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 27.366, Florida Statutes, is amended to
36read:
37     27.366  Legislative intent and policy in cases meeting
38criteria of s. 775.087(2) and (3); report.-
39     (1)  It is the intent of the Legislature that convicted
40criminal offenders who meet the criteria in s. 775.087(2) and
41(3) be sentenced to the minimum mandatory prison terms provided
42herein. It is the intent of the Legislature to establish zero
43tolerance of criminals who use, threaten to use, or avail
44themselves of firearms in order to commit crimes and thereby
45demonstrate their lack of value for human life. It is also the
46intent of the Legislature that prosecutors should appropriately
47exercise their discretion in those cases in which the offenders'
48possession of the firearm is incidental to the commission of a
49crime and not used in furtherance of the crime, used in order to
50commit the crime, or used in preparation to commit the crime.
51For every case in which the offender meets the criteria in this
52act and does not receive the mandatory minimum prison sentence,
53the state attorney must explain the sentencing deviation in
54writing and place such explanation in the case file maintained
55by the state attorney. On a quarterly basis, each state attorney
56shall submit copies of deviation memoranda regarding offenses
57committed on or after the effective date of this act to the
58President of the Florida Prosecuting Attorneys Association, Inc.
59The association must maintain such information and make such
60information available to the public upon request for at least a
6110-year period.
62     (2)  Effective July 1, 2000, each state attorney shall
63annually report to the Speaker of the House of Representatives,
64the President of the Senate, and the Executive Office of the
65Governor regarding the prosecution and sentencing of offenders
66who met the criteria in s. 775.087(2) and (3). The report must
67categorize the defendants by age, gender, race, and ethnicity.
68Cases in which a final disposition has not yet been reached
69shall be reported in a subsequent annual report.
70     Section 2.  Paragraph (d) of subsection (9) of section
71775.082, Florida Statutes, is amended to read:
72     775.082  Penalties; applicability of sentencing structures;
73mandatory minimum sentences for certain reoffenders previously
74released from prison.-
75     (9)
76     (d)1.  It is the intent of the Legislature that offenders
77previously released from prison who meet the criteria in
78paragraph (a) be punished to the fullest extent of the law and
79as provided in this subsection, unless the state attorney
80determines that extenuating circumstances exist which preclude
81the just prosecution of the offender, including whether the
82victim recommends that the offender not be sentenced as provided
83in this subsection.
84     2.  For every case in which the offender meets the criteria
85in paragraph (a) and does not receive the mandatory minimum
86prison sentence, the state attorney must explain the sentencing
87deviation in writing and place such explanation in the case file
88maintained by the state attorney. On an annual basis, each state
89attorney shall submit copies of deviation memoranda regarding
90offenses committed on or after the effective date of this
91subsection, to the president of the Florida Prosecuting
92Attorneys Association, Inc. The association must maintain such
93information, and make such information available to the public
94upon request, for at least a 10-year period.
95     Section 3.  Section 775.08401, Florida Statutes, is
96repealed.
97     Section 4.  Subsection (5) of section 775.087, Florida
98Statutes, is repealed.
99     Section 5.  Subsection (1) of section 903.286, Florida
100Statutes, is amended to read:
101     903.286  Return of cash bond; requirement to withhold
102unpaid fines, fees, court costs; cash bond forms.-
103     (1)  Notwithstanding s. 903.31(2), the clerk of the court
104shall withhold from the return of a cash bond posted on behalf
105of a criminal defendant by a person other than a bail bond agent
106licensed pursuant to chapter 648 sufficient funds to pay any
107unpaid court fees, court costs, costs of prosecution, and
108criminal penalties. If sufficient funds are not available to pay
109all unpaid court fees, court costs, costs of prosecution, and
110criminal penalties, the clerk of the court shall immediately
111obtain payment from the defendant or enroll the defendant in a
112payment plan pursuant to s. 28.246.
113     Section 6.  Section 938.27, Florida Statutes, is amended to
114read:
115     938.27  Judgment for costs on conviction.-
116     (1)  In all criminal and violation-of-probation or
117community-control cases, convicted persons are liable for
118payment of the costs of prosecution, including investigative
119costs incurred by law enforcement agencies, by fire departments
120for arson investigations, and by investigations of the
121Department of Financial Services or the Office of Financial
122Regulation of the Financial Services Commission, if requested by
123such agencies. The court shall include these costs in every
124judgment rendered against the convicted person. For purposes of
125this section, "convicted" means a determination of guilt, or of
126violation of probation or community control, which is a result
127of a plea, trial, or violation proceeding, regardless of whether
128adjudication is withheld.
129     (2)(a)  The court shall impose the costs of prosecution and
130investigation notwithstanding the defendant's present ability to
131pay. The court shall require the defendant to pay the costs
132within a specified period or in specified installments.
133     (b)  The end of such period or the last such installment
134shall not be later than:
135     1.  The end of the period of probation or community
136control, if probation or community control is ordered;
137     2.  Five years after the end of the term of imprisonment
138imposed, if the court does not order probation or community
139control; or
140     3.  Five years after the date of sentencing in any other
141case.
142
143However, in no event shall the obligation to pay any unpaid
144amounts expire if not paid in full within the period specified
145in this paragraph.
146     (c)  If not otherwise provided by the court under this
147section, costs shall be paid immediately.
148     (3)  If a defendant is placed on probation or community
149control, payment of any costs under this section shall be a
150condition of such probation or community control. The court may
151revoke probation or community control if the defendant fails to
152pay these costs.
153     (4)  Any dispute as to the proper amount or type of costs
154shall be resolved by the court by the preponderance of the
155evidence. The burden of demonstrating the amount of costs
156incurred is on the state attorney. The burden of demonstrating
157the financial resources of the defendant and the financial needs
158of the defendant is on the defendant. The burden of
159demonstrating such other matters as the court deems appropriate
160is upon the party designated by the court as justice requires.
161     (5)  Any default in payment of costs may be collected by
162any means authorized by law for enforcement of a judgment.
163     (6)  The clerk of the court shall collect and dispense cost
164payments in any case. The clerk of court shall separately record
165each assessment and the payment of costs of prosecution. Costs
166of prosecution must be assessed by the court with respect to
167each case number in which the court orders costs of prosecution.
168The clerk shall provide a monthly report to the state attorney's
169office of the assessments and payments recorded.
170     (7)  Investigative costs that are recovered shall be
171returned to the appropriate investigative agency that incurred
172the expense. Such costs include actual expenses incurred in
173conducting the investigation and prosecution of the criminal
174case; however, costs may also include the salaries of permanent
175employees. Any investigative costs recovered on behalf of a
176state agency must be remitted to the Department of Revenue for
177deposit in the agency operating trust fund, and a report of the
178payment must be sent to the agency, except that any
179investigative costs recovered on behalf of the Department of Law
180Enforcement shall be deposited in the department's Forfeiture
181and Investigative Support Trust Fund under s. 943.362.
182     (8)  Costs for the state attorney shall be set in all cases
183at no less than $50 per case when a misdemeanor or criminal
184traffic offense is charged and no less than $100 per case when a
185felony offense is charged, including a proceeding in which the
186underlying offense is a violation of probation or community
187control. The court may set a higher amount upon a showing of
188sufficient proof of higher costs incurred. Costs recovered on
189behalf of the state attorney under this section shall be
190deposited into the state attorney's grants and donations trust
191fund to be used during the fiscal year in which the funds are
192collected, or in any subsequent fiscal year, for actual expenses
193incurred in investigating and prosecuting criminal cases, which
194may include the salaries of permanent employees, or for any
195other purpose authorized by the Legislature.
196     Section 7.  Subsection (4) of section 985.557, Florida
197Statutes, is repealed.
198     Section 8.  Subsection (5) of section 775.0843, Florida
199Statutes, is amended to read:
200     775.0843  Policies to be adopted for career criminal
201cases.-
202     (5)  Each career criminal apprehension program shall
203concentrate on the identification and arrest of career criminals
204and the support of subsequent prosecution. The determination of
205which suspected felony offenders shall be the subject of career
206criminal apprehension efforts shall be made in accordance with
207written target selection criteria selected by the individual law
208enforcement agency and state attorney consistent with the
209provisions of this section and s. ss. 775.08401 and 775.0842.
210     Section 9.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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