Bill Text: FL S1968 | 2012 | Regular Session | Enrolled

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Bill Title: Criminal Justice

Spectrum: Committee Bill

Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1968 Detail]

Download: Florida-2012-S1968-Enrolled.html

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       ENROLLED
       2012 Legislature                          SB 1968, 1st Engrossed
       
       
       
       
       
       
                                                             20121968er
    1  
    2         An act relating to criminal justice; transferring,
    3         renumbering, and amending s. 938.25, F.S.; requiring a
    4         court to assess a specified fine against a defendant
    5         who pleads guilty or nolo contendere to, or who is
    6         convicted of, violating certain specified offenses if
    7         the services of a criminal analysis laboratory are
    8         used in the investigation of the offense; providing
    9         for the proceeds of the assessment to be deposited
   10         into the Operating Trust Fund of the Department of Law
   11         Enforcement and used by the statewide criminal
   12         analysis laboratory system; amending ss. 921.187 and
   13         943.361, F.S.; conforming cross-references to changes
   14         made by the act; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 938.25, Florida Statutes, is
   19  transferred, renumbered as section 938.055, Florida Statutes,
   20  and amended to read:
   21         938.055 938.25 Operating Trust Fund of the Department of
   22  Law Enforcement.—Notwithstanding any other law provision to the
   23  contrary of the laws of this state, the court may assess a any
   24  defendant who pleads guilty or nolo contendere to, or is
   25  convicted of, a violation of any provision of chapters 775-896
   26  s. 893.13, without regard to whether adjudication was withheld,
   27  in addition to any fine and other penalty provided or authorized
   28  by law, an amount of $100, to be paid to the clerk of the court,
   29  who shall forward it to the Department of Revenue for deposit in
   30  the Operating Trust Fund of the Department of Law Enforcement to
   31  be used by the statewide criminal analysis laboratory system for
   32  the purposes specified in s. 943.361. This amount shall be
   33  assessed if the services of a local county-operated crime
   34  laboratory enumerated in s. 943.35(1) are used in connection
   35  with the investigation or prosecution of a violation of any
   36  provision of chapters 775-896. The court is authorized to order
   37  a defendant to pay an additional assessment if it finds that the
   38  defendant has the ability to pay the fine and the additional
   39  assessment and will not be prevented thereby from being
   40  rehabilitated or from making restitution.
   41         Section 2. Paragraph (l) of subsection (1) of section
   42  921.187, Florida Statutes, is amended to read:
   43         921.187 Disposition and sentencing; alternatives;
   44  restitution.—
   45         (1) The alternatives provided in this section for the
   46  disposition of criminal cases shall be used in a manner that
   47  will best serve the needs of society, punish criminal offenders,
   48  and provide the opportunity for rehabilitation. If the offender
   49  does not receive a state prison sentence, the court may:
   50         (l)1. Require the offender who violates any criminal
   51  provision of chapter 893 to pay an additional assessment in an
   52  amount up to the amount of any fine imposed, pursuant to ss.
   53  938.21 and 938.23.
   54         2. Require the offender who violates any provision of s.
   55  893.13 to pay an additional assessment in an amount of $100,
   56  pursuant to ss. 938.055 938.25 and 943.361.
   57         Section 3. Section 943.361, Florida Statutes, is amended to
   58  read:
   59         943.361 Statewide criminal analysis laboratory system;
   60  funding through fine surcharges.—
   61         (1) Funds deposited pursuant to ss. 938.055 and 938.07 and
   62  938.25 for the statewide criminal analysis laboratory system
   63  shall be used for state reimbursements to local county-operated
   64  crime laboratories enumerated in s. 943.35(1), and for the
   65  equipment, health, safety, and training of member crime
   66  laboratories of the statewide criminal analysis laboratory
   67  system.
   68         (2) Moneys deposited pursuant to ss. 938.055 and 938.07 and
   69  938.25 for the statewide criminal analysis laboratory system
   70  shall be appropriated by the Legislature in accordance with the
   71  provisions of chapter 216 and with the purposes stated in
   72  subsection (1).
   73         Section 4. This act shall take effect October 1, 2012.