Bill Text: FL S1092 | 2011 | Regular Session | Comm Sub
Bill Title: State Attorneys
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-03 - Read 2nd time -SJ 748 [S1092 Detail]
Download: Florida-2011-S1092-Comm_Sub.html
Florida Senate - 2011 CS for SB 1092 By the Committee on Judiciary; and Senator Wise 590-04402-11 20111092c1 1 A bill to be entitled 2 An act relating to state attorneys; amending s. 3 27.366, F.S.; deleting a provision that requires each 4 state attorney to quarterly submit deviation memoranda 5 relating to offenders who are not sentenced to the 6 mandatory minimum prison sentence in cases involving 7 the possession or use of a weapon; amending s. 8 775.082, F.S.; deleting a provision that requires each 9 state attorney to quarterly submit deviation memoranda 10 relating to why a defendant did not receive the 11 mandatory minimum prison sentence in cases involving 12 certain specified offenses; repealing s. 775.08401, 13 F.S., relating to criteria to be used when state 14 attorneys decide to pursue habitual felony offenders 15 or habitual violent felony offenders; repealing s. 16 775.087(5), F.S., relating to a provision that 17 requires each state attorney to report why a case 18 qualified defendant did not receive the mandatory 19 minimum prison sentence in cases involving certain 20 specified offenses; repealing s. 985.557(4), F.S., 21 relating to direct-file policies and guidelines for 22 juveniles; amending s. 775.0843, F.S.; conforming a 23 cross-reference; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 27.366, Florida Statutes, is amended to 28 read: 29 27.366 Legislative intent and policy in cases meeting 30 criteria of s. 775.087(2) and (3); report.— 31(1)It is the intent of the Legislature that convicted 32 criminal offenders who meet the criteria in s. 775.087(2) and 33 (3) be sentenced to the minimum mandatory prison terms provided 34 herein. It is the intent of the Legislature to establish zero 35 tolerance of criminals who use, threaten to use, or avail 36 themselves of firearms in order to commit crimes and thereby 37 demonstrate their lack of value for human life. It is also the 38 intent of the Legislature that prosecutors should appropriately 39 exercise their discretion in those cases in which the offenders’ 40 possession of the firearm is incidental to the commission of a 41 crime and not used in furtherance of the crime, used in order to 42 commit the crime, or used in preparation to commit the crime. 43 For every case in which the offender meets the criteria in this 44 act and does not receive the mandatory minimum prison sentence, 45 the state attorney must explain the sentencing deviation in 46 writing and place such explanation in the case file maintained 47 by the state attorney.On a quarterly basis, each state attorney48shall submit copies of deviation memoranda regarding offenses49committed on or after the effective date of this act to the50President of the Florida Prosecuting Attorneys Association, Inc.51The association must maintain such information and make such52information available to the public upon request for at least a5310-year period.54(2) Effective July 1, 2000, each state attorney shall55annually report to the Speaker of the House of Representatives,56the President of the Senate, and the Executive Office of the57Governor regarding the prosecution and sentencing of offenders58who met the criteria in s.775.087(2) and (3). The report must59categorize the defendants by age, gender, race, and ethnicity.60Cases in which a final disposition has not yet been reached61shall be reported in a subsequent annual report.62 Section 2. Paragraph (d) of subsection (9) of section 63 775.082, Florida Statutes, is amended to read: 64 775.082 Penalties; applicability of sentencing structures; 65 mandatory minimum sentences for certain reoffenders previously 66 released from prison.— 67 (9) 68 (d)1. It is the intent of the Legislature that offenders 69 previously released from prison who meet the criteria in 70 paragraph (a) be punished to the fullest extent of the law and 71 as provided in this subsection, unless the state attorney 72 determines that extenuating circumstances exist which preclude 73 the just prosecution of the offender, including whether the 74 victim recommends that the offender not be sentenced as provided 75 in this subsection. 76 2. For every case in which the offender meets the criteria 77 in paragraph (a) and does not receive the mandatory minimum 78 prison sentence, the state attorney must explain the sentencing 79 deviation in writing and place such explanation in the case file 80 maintained by the state attorney.On an annual basis, each state81attorney shall submit copies of deviation memoranda regarding82offenses committed on or after the effective date of this83subsection, to the president of the Florida Prosecuting84Attorneys Association, Inc. The association must maintain such85information, and make such information available to the public86upon request, for at least a 10-year period.87 Section 3. Section 775.08401, Florida Statutes, is 88 repealed. 89 Section 4. Subsection (5) of section 775.087, Florida 90 Statutes, is repealed. 91 Section 5. Subsection (4) of section 985.557, Florida 92 Statutes, is repealed. 93 Section 6. Subsection (5) of section 775.0843, Florida 94 Statutes, is amended to read: 95 775.0843 Policies to be adopted for career criminal cases.— 96 (5) Each career criminal apprehension program shall 97 concentrate on the identification and arrest of career criminals 98 and the support of subsequent prosecution. The determination of 99 which suspected felony offenders shall be the subject of career 100 criminal apprehension efforts shall be made in accordance with 101 written target selection criteria selected by the individual law 102 enforcement agency and state attorney consistent with the 103 provisions of this section and s.ss.775.08401and775.0842. 104 Section 7. This act shall take effect July 1, 2011.