Bill Text: FL S1968 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2012 SB 1968 By the Committee on Budget 576-03473-12 20121968__ 1 A bill to be entitled 2 An act relating to criminal justice; transferring, 3 renumbering, and amending s. 938.25, F.S.; requiring a 4 court to assess an additional amount against a 5 defendant who pleads guilty or nolo contendere to, or 6 who is convicted of, violating certain specified 7 offenses, and if the services of a criminal analysis 8 laboratory are used in the investigation of the 9 offense; providing for the proceeds of the assessment 10 to be deposited into the Operating Trust Fund of the 11 Department of Law Enforcement and used by the 12 statewide criminal analysis laboratory system; 13 amending ss. 921.187 and 943.361, F.S.; conforming 14 cross-references to changes made by the act; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 938.25, Florida Statutes, is 20 transferred, renumbered as section 938.055, Florida Statutes, 21 and amended to read: 22 938.055938.25Operating Trust Fund of the Department of 23 Law Enforcement.—Notwithstanding any other lawprovision to the24contrary of the laws of this state, the court may assess any 25 defendant who pleads guilty or nolo contendere to, or is 26 convicted of, a violation of any provision of chapters 775-896 27s.893.13, without regard to whether adjudication was withheld, 28 in addition to any fine and other penalty provided or authorized 29 by law, an amount of $100, to be paid to the clerk of the court, 30 who shall forward it to the Department of Revenue for deposit in 31 the Operating Trust Fund of the Department of Law Enforcement to 32 be used by the statewide criminal analysis laboratory system for 33 the purposes specified in s. 943.361. This amount shall be 34 assessed if the services of a local county-operated crime 35 laboratory enumerated in s. 943.35(1) are used in connection 36 with the investigation or prosecution of a violation of any 37 provision of chapters 775-896.The court is authorized to order38a defendant to pay an additional assessment if it finds that the39defendant has the ability to pay the fine and the additional40assessment and will not be prevented thereby from being41rehabilitated or from making restitution.42 Section 2. Paragraph (l) of subsection (1) of section 43 921.187, Florida Statutes, is amended to read: 44 921.187 Disposition and sentencing; alternatives; 45 restitution.— 46 (1) The alternatives provided in this section for the 47 disposition of criminal cases shall be used in a manner that 48 will best serve the needs of society, punish criminal offenders, 49 and provide the opportunity for rehabilitation. If the offender 50 does not receive a state prison sentence, the court may: 51 (l)1. Require the offender who violates any criminal 52 provision of chapter 893 to pay an additional assessment in an 53 amount up to the amount of any fine imposed, pursuant to ss. 54 938.21 and 938.23. 55 2. Require the offender who violates any provision of s. 56 893.13 to pay an additional assessment in an amount of $100, 57 pursuant to ss. 938.055938.25and 943.361. 58 Section 3. Section 943.361, Florida Statutes, is amended to 59 read: 60 943.361 Statewide criminal analysis laboratory system; 61 funding through fine surcharges.— 62 (1) Funds deposited pursuant to ss. 938.055 and 938.07and63938.25for the statewide criminal analysis laboratory system 64 shall be used for state reimbursements to local county-operated 65 crime laboratories enumerated in s. 943.35(1), and for the 66 equipment, health, safety, and training of member crime 67 laboratories of the statewide criminal analysis laboratory 68 system. 69 (2) Moneys deposited pursuant to ss. 938.055 and 938.07and70938.25for the statewide criminal analysis laboratory system 71 shall be appropriated by the Legislature in accordance with the 72 provisions of chapter 216 and with the purposes stated in 73 subsection (1). 74 Section 4. This act shall take effect October 1, 2012.