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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

639688

CHAMBER ACTION

Senate

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House



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Senator Crist moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Between line(s) 2732 and 2733,

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insert:

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     Section 65.  Section 775.083, Florida Statutes, is amended

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to read:

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     775.083  Fines.--

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     (1)  A person who has been convicted of an offense other

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than a capital felony may be sentenced to pay a fine in addition

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to any punishment described in s. 775.082; when specifically

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authorized by statute, he or she may be sentenced to pay a fine

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in lieu of any punishment described in s. 775.082. A person who

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has been convicted of a noncriminal violation may be sentenced to

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pay a fine. Fines for designated crimes and for noncriminal

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violations shall not exceed:

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     (a)  $15,000, when the conviction is of a life felony.

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     (b)  $10,000, when the conviction is of a felony of the

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first or second degree.

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     (c)  $5,000, when the conviction is of a felony of the third

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degree.

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     (d)  $1,000, when the conviction is of a misdemeanor of the

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first degree.

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     (e)  $500, when the conviction is of a misdemeanor of the

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second degree or a noncriminal violation.

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     (f)  Any higher amount equal to double the pecuniary gain

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derived from the offense by the offender or double the pecuniary

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loss suffered by the victim.

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     (g)  Any higher amount specifically authorized by statute.

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Fines imposed in this subsection shall be deposited by the clerk

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of the court in the fine and forfeiture fund established pursuant

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to s. 142.01. If a defendant is unable to pay a fine, the court

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may defer payment of the fine to a date certain.

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     (2)  In addition to the fines set forth in subsection (1),

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court costs shall be assessed and collected in each instance a

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defendant pleads nolo contendere to, or is convicted of, or

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adjudicated delinquent for, a felony, a misdemeanor, or a

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criminal traffic offense under state law, or a violation of any

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municipal or county ordinance if the violation constitutes a

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misdemeanor under state law. The court costs imposed by this

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section shall be $50 for a felony and $20 for any other offense

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and shall be deposited by the clerk of the court into an

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appropriate county account for disbursement for the purposes

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provided in this subsection. A county shall account for the funds

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separately from other county funds as crime prevention funds. The

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county, in consultation with the sheriff, must expend such funds

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for crime prevention programs in the county, including safe

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neighborhood programs under ss. 163.501-163.523. Any person who

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commits a criminal traffic offense may not pay a fine in lieu of

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community service, if community service would otherwise be

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required in addition to financial restitution. A court may order

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a defendant to pay a fine in lieu of required community service

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only if the court finds that the defendant's residence, location,

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or employment obligations would create an undue hardship for the

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defendant.

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     (3)  The purpose of this section is to provide uniform

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penalty authorization for criminal offenses and, to this end, a

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reference to this section constitutes a general reference under

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the doctrine of incorporation by reference.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 3045, after the semicolon,

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insert:

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amending s. 775.083, F.S.; prohibiting any person who

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commits a criminal traffic offense from paying a fine in

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lieu of community service if community service is required

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in addition to financial restitution; creating an

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exception if imposing such community service would create

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an undue hardship for the defendant;

4/30/2008  9:34:00 PM     12-09333-08

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

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