Reports Concerning Seized or Forfeited Property
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SB 1678 — Reports Concerning Seized or Forfeited Property
Last action — Laid on Table, companion bill(s) passed, see CS/HB 547 (Ch. 2018-92)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
54 added · 782 removed54 line(s) added, 782 removed.
Florida Senate - 2018 CS for CS for SB 1678 By the CommitteeCommittees on CriminalJudiciary; Justice;
and SenatorCriminal StargelJustice; 591-03111-18 20181678c1 A bill to be entitled An act relating to criminal justice;
and Senator Stargel 590-03467-18 20181678c2 A bill to be entitled An act relating to reports concerning seized or forfeited property;
20.315, F.S.;
requiring the Department of Corrections to include information in its annual report on inmate admission based on offense type and recidivism rate;
creating s.
900.05, F.S.;
providing legislative intent;
providing definitions;
requiring specified entities to collect and transmit specific data weekly beginning on a certain date to the Department of Law Enforcement;
requiring the Department of Law Enforcement to compile, maintain, and make publicly accessible such data beginning on a certain date;
amending s.
907.043, F.S.;
requiring each pretrial release program to include in its annual report the types of criminal charges of defendants accepted into a pretrial release program, the number of defendants accepted into a pretrial release program who paid a bail or bond, the number of defendants accepted into a pretrial release program with no prior criminal conviction, and the number of defendants for whom a pretrial risk assessment tool was used or was not used;
amending s.
921.0024, F.S.;
requiring scoresheets prepared for all criminal defendants to be digitized;
requiring the Department of Corrections to develop and submit revised digitized scoresheets to the Supreme Court for approval;
requiring digitized scoresheets to include individual data cells for each field on the scoresheet;
requiring the clerk of court to electronically transmit the digitized scoresheet used in each sentencing proceeding to the Department of Corrections;
amending s.
creating s.
943.687, F.S.;
requiring the Department of Law Enforcement to collect, compile, maintain, and manage data collected pursuant to s.
900.05, F.S.;
requiring the Department of Law Enforcement to make data comparable, transferable, and readily usable;
requiring the department to create a unique identifier for each criminal case received from the clerks of court;
requiring the department to create and maintain a certain Internet-based database;
providing requirements for data searchability and sharing;
requiring the department to establish certain rules;
requiring the department to monitor data collection procedures and test data quality;
providing for data archiving, editing, retrieval, and verification;
creating s.
945.041, F.S.;
requiring the Department of Corrections to publish quarterly on its website inmate admissions based on offense type and the recidivism rate and rate of probation revocation within a specified period after release from incarceration;
creating a pilot project in a specified judicial circuit to improve criminal justice data transparency and ensure data submitted under s.
900.05, F.S., is accurate, valid, reliable, and structured;
authorizing certain persons to enter into a memorandum of understanding with a national, nonpartisan, not-for-profit entity meeting certain criteria for the purpose of embedding a data fellow in the office or agency;
establishing data fellow duties and responsibilities;
providing for the expiration of the pilot project;
Show all 409 changed lines (369 more)
providing an appropriation;
7013 Be It Enacted by the Legislature of the State of Florida:
7215 Section 1. Subsection (5)(1) of section 20.315,932.7061, Florida Statutes, is amended to read:
20.315 Department of Corrections.—There is created a Department of Corrections.
(5) ANNUAL REPORTING.—The department shall report annually to the Governor, the President of the Senate, and the Speaker of the House of Representatives recounting its activities and making recommendations for improvements to the performance of the department.
The annual report must include information published under s.
945.041.
Section 2. Section 900.05, Florida Statutes, is created to read:
900.05 Criminal justice data collection.—It is the intent of the Legislature to create a model of uniform criminal justice data collection by requiring local and state criminal justice agencies to report complete, accurate, and timely data, and to make such data available to the public.
(1) DEFINITIONS.—As used in this section, the term:
(a) “Admission date” means the date a defendant was admitted to the Department of Corrections.
(b) “Admission type” means the underlying reason for which a defendant is admitted to the Department of Corrections, including a new conviction, probation violation, probation violation based on a new offense, parole violation, or parole violation based on a new offense.
(c) “Annual felony caseload” means the yearly adult criminal felony caseload of each full-time state attorney and assistant state attorney or public defender and assistant public defender, based on the number of felony cases reported to the Supreme Court under s.
25.075.
The term does not include the appellate caseload of a public defender or assistant public defender.
(d) “Annual misdemeanor caseload” means the yearly adult criminal misdemeanor caseload of each full-time state attorney and assistant state attorney or public defender and assistant public defender, based on the number of misdemeanor cases reported to the Supreme Court under s.
25.075.
The term does not include the appellate caseload of a public defender or assistant public defender.
(e) “Arraignment date or initial appearance” means the date a defendant first appears before a judge to enter a plea.
(f) “Arrest date” means the date a defendant is taken into physical custody by a law enforcement agency on a criminal charge or is issued a notice to appear, or the date that a charging document is filed by the state attorney’s office.
(g) “Attorney assignment date” means the date a court appointed attorney is assigned to the case or, if privately retained, the date an attorney files a notice of appearance with the clerk of court.
(h) “Attorney withdrawal date” means the date the court removes court-appointed counsel from a case or, for a privately retained attorney, the date a motion to withdraw is granted by the court.
(i) “Bail or bond hearing date” means the date a defendant appears in court for bailor bond determination.
(j) “Bail or bond modification date” means the date a hearing is held to consider a defendant’s bail or bond conditions and the conditions are modified.
(k) “Bail or bond posting date” means the date a defendant posts bail or bond.
(l) “Bail or bond revocation” means the date a court revokes a defendant’s bail or bond.
(m) “Bail or bond setting date” means the date a court confirms or orders bail or bond in a criminal case.
(n) “Booking date and reason” means the date that a defendant is booked into a jail facility on a new charge or for a probation violation pursuant to a bench warrant for a pretrial release violation or pursuant to a warrant from another jurisdiction.
(o) “Case number” means the identification number assigned by the clerk of court to a criminal case.
(p) “Case status” means whether a case is open, closed, reopened due to a probation violation, or inactive.
(q) “Cash bail or bond amount” means the monetary amount of bail or bond imposed by a court.
(r) “Cash bail or bond payment” means whether or not a defendant posted bail or bond.
(s) “Charge class severity” means the degree misdemeanor or felony for each charged offense.
(t) “Charge description” means the statement of the charge matched to the statutory section establishing the conduct as criminal.
(u) “Charge disposition date” means the date of final judgment, adjudication, adjudication withheld, dismissal, or nolle prosequi of each charge.
(v) “Charge modifier” means an aggravating circumstance of an alleged crime that enhances or modifies a charge to a more serious offense level.
(w) “Charge sequence number” means the unique numerical identifier for each charge in a case with multiple charges.
(x) “Charge statute” means the statute for each charge which establishes the conduct as criminal.
(y) “Charge type” means whether the charge is a misdemeanor or felony.
(z) “Committing county” means the county from which a defendant was transported to the Department of Corrections.
(aa) “Concurrent or consecutive sentence flag” means an indication that a defendant is serving another sentence concurrently or consecutively in addition to the current sentence.
(bb) “Court fees amount” means the amount of fees owed to the clerk of court at disposition of the case.
(cc) “Court fees amount balance or payment to date” means the amount a defendant paid toward outstanding court fees and the remaining balance owed.
(dd) “Current institution and institution security level” means the name of the institution where a defendant is currently incarcerated and the institution’s security level.
(ee) “Daily cost of a jail bed” means the per diem cost, based on all sources of funding and costs associated with operations, for each inmate in a jail facility.
(ff) “Daily cost of a prison bed” means the per diem cost, based on all sources of funding and costs associated with operations, for each inmate in a state correctional institution.
(gg) “Daily cost per probationer” means the per diem cost for each individual serving probation with the Department of Corrections.
(hh) “Daily jail population” means the number of inmates incarcerated within a jail facility on each day.
(ii) “Daily jail postsentence population” means the number of inmates incarcerated within a jail facility on each day who have been sentenced and are either serving the sentence in jail or awaiting transportation to the Department of Corrections.
(jj) “Daily jail presentence population” means the number of inmates incarcerated within a jail facility on each day who entered a plea to charges or were found guilty at trial and are awaiting sentencing.
(kk) “Daily jail pretrial population” means the number of inmates incarcerated within a jail facility on each day awaiting case disposition.
(ll) “Daily number of correctional officers” means the number of full-time, part-time, and auxiliary correctional officers who are actively providing supervision, protection, care, custody, and control of inmates in a state correctional institution or jail facility each day.
(mm) “Daily number of federal and state inmates held in jail” means the number of inmates who are temporarily incarcerated within a jail facility each day.
(nn) “Daily prison population” means the number of inmates incarcerated in a state correctional institution on each day.
(oo) “Date of court appearance” means each date that a criminal case is considered by a court.
(pp) “Date of failure to appear in court” means each date that a criminal case was set to be heard by a court with required appearance by a defendant and he or she failed to appear.
(qq) “Defense attorney type” means whether the attorney is court-appointed to or privately retained by a defendant, or that the defendant is represented pro se.
(rr) “Deferred prosecution or pretrial diversion hearing date or agreement date” means each date that a hearing is held or a contract is signed by the parties regarding a defendant’s admission into a deferred prosecution or pretrial diversion program.
(ss) “Disciplinary violation and action” means any inmate disciplinary conduct and the consequences of such conduct.
(tt) “Discovery motion date” means the date that a defendant files a notice to participate in discovery.
(uu) “Dismissal motion date” means the date that a defendant files a motion to dismiss charges.
(vv) “Dismissal motion hearing date” means the date a court considers a defendant’s motion to dismiss charges.
(ww) “Disposition date” means the date on which all case activity is final.
(xx) “Domestic violence flag” means an indication that a charge involves domestic violence as defined in s.
741.28.
(yy) “Drug type for drug charge” mean the type of drug specified in each drug charge against a defendant.
(zz) “Ethnicity” means a person’s identification as Hispanic or Latino, not Hispanic or Latino, or Haitian.
(aaa) “Filing date” means the date that a formal charge is filed against a defendant.
(bbb) “Fine amount” means the total amount of fines imposed at case disposition.
(ccc) “Fine amount balance or payment to date” means the amount a defendant paid toward outstanding fines and the remaining balance owed.
(ddd) “Gang affiliation flag” means an indication that a defendant is involved in or associated with a criminal gang as defined in s.
874.03.
(eee) “Good conduct credit earned” means the time that an inmate earned for good behavior in a jail facility or state correctional institution and had credited toward his or her sentence.
(fff) “Habitual offender flag” means an indication that a defendant is a habitual felony offender as defined in s.
775.084 or a habitual misdemeanor offender as defined in s.
775.0837.
(ggg) “Jail capacity” means the maximum number of inmates who can be incarcerated in a jail facility.
(hhh) “Judicial transfer date” means a date on which a defendant’s case is transferred to another court or presiding judge.
(iii) “Length of probation sentence imposed” means the duration of probation ordered by a court.
(jjj) “Length of probation sentence served” means the amount of time on probation which a defendant has served to date.
(kkk) “Nonmonetary condition of release” means a condition of a defendant’s pretrial release imposed by the court which is not based on payment of bail or bond.
(lll) “Number of contract attorneys representing indigent defendants for the office of the public defender” means the number of attorneys hired on a temporary basis, by contract, to represent indigent clients who were appointed a public defender.
(mmm) “Offense date” means the date that the alleged crime occurred.
(nnn) “Plea date” means the date that a defendant enters a plea to a pending charge.
(ooo) “Presentence jail population at year-end” means the number of inmates incarcerated within a jail facility at the end of a calendar year who entered pleas or who were found guilty at trial and are awaiting sentencing.
(ppp) “Pretrial release decision” means the date that the court decides the issue of a defendant’s pretrial release from incarceration.
(qqq) “Pretrial release offender flag” means an indication that the defendant has violated the terms of his or her pretrial release.
(rrr) “Prior incarceration within the state” means any prior history of a defendant being incarcerated in a jail facility or state correctional institution.
(sss) “Postsentence jail population at year-end” means the number of inmates incarcerated within a jail facility at the end of a calendar year who have been sentenced and are either serving that sentence in the facility or awaiting transportation to the Department of Corrections.
(ttt) “Probation revocation” means any instance where a defendant’s probation was revoked.
(uuu) “Projected discharge date” means the anticipated date that an inmate will be released from incarceration.
(vvv) “Race” means a person’s identification as American Indian or Alaskan Native, African American or Black, Asian, Hawaiian or other Pacific Islander, White, or Other, which includes multi-racial individuals.
(www) “Restitution amount ordered” means the amount of money imposed by the court to compensate a victim of a defendant’s criminal activity.
(xxx) “Sentence condition” means any requirement imposed by a court in addition to incarceration.
(yyy) “Sentence date” means the date that a court enters a sentence against a defendant.
(zzz) “Sentence length” means the total duration of jail time, prison time, and probation that a defendant is ordered to serve.
(aaaa) “Sentence type” means capital punishment, incarceration, probation, or a combination thereof.
(bbbb) “Sentencing scoresheet” means the digitized worksheet created under s.
921.0024 to compute the defendant’s minimum sentence that may be imposed by the trial court.
(cccc) “Speedy trial motion date” means the date that a defendant files a demand for speedy trial.
(dddd) “Speedy trial motion hearing date” means the date that a court hears a defendant’s demand for speedy trial.
(eeee) “Sexual offender flag” means an indication that a defendant is a sexual offender as defined in s.
943.0435.
(ffff) “Time served credit and length” means the amount of prior incarceration credited to an inmate’s current sentence to reduce the amount of time remaining in the sentence.
(gggg) “Total jail population at year-end” means the number of inmates incarcerated within a jail facility at the end of a calendar year.
(hhhh) “Trial date” means the date that a defendant’s case is set for trial, beginning with jury selection.
(2) DATA COLLECTION AND REPORTING.—Beginning January 1, 2019, the following entities shall collect and transmit data weekly to the Department of Law Enforcement:
(a) Each clerk of court shall collect the following data for each criminal case:
1. Case number.
2. Offense date.
3. County in which the offense was committed.
4. Arrest date.
5. Filing date.
6. Arraignment date or initial appearance.
7. Attorney assignment date.
8. Attorney withdrawal date.
9. Case status.
10. Disposition date.
11. For each defendant:
a. Name.
b. Date of birth.
c. Age.
d. Zip code of primary residence.
e. Primary language.
f. Race and ethnicity.
g. Gender.
h. Citizenship.
i. Immigration status, if applicable.
j. Whether the defendant is indigent under s.
27.52.
12. Any charge referred to the state attorney by law enforcement.
13. The following information on a formal charge filed against the defendant:
a. Charge sequence number.
b. Charge description.
c. Charge statute.
d. Charge type.
e. Charge class severity.
f. Charge modifier, if any.
g. Charge disposition.
h. Charge disposition date.
i. Drug type for drug charge, if known.
j. Domestic violence flag.
k. Gang affiliation flag.
l. Sexual offender flag.
m. Habitual offender flag.
14. Plea date.
15. The following information on bail or bond and pretrial release:
a. Pretrial release decision.
b. Nonmonetary condition of release.
c. Cash bail or bond amount.
d. Cash bail or bond payment.
e. Booking date and reason.
f. Date defendant is released on bail, bond, or pretrial release.
g. Bail or bond revocation due to a new offense, a failure to appear, or a violation of the terms of bail or bond.
h. Pretrial release offender flag.
16. The following pretrial dates:
a. Bail or bond hearing date.
b. Bail or bond setting date.
c. Bail or bond modification date.
d. Bail or bond posting date.
e. Deferred prosecution or pretrial diversion hearing date or agreement date.
17. The following court dates and dates of motions and appearances:
a. Date of court appearance.
b. Date of failure to appear in court.
c. Judicial transfer date.
d. Trial date.
e. Bail or bond motion date.
f. Discovery motion date.
g. Speedy trial motion date.
h. Speedy trial motion hearing date.
i. Dismissal motion date.
j. Dismissal motion hearing date.
18. Defense attorney type.
19. The following information related to sentencing:
a. Sentence date.
b. Sentence type.
c. Sentence length.
d. Sentence condition.
e. Time served credit and length.
f. Court fees amount.
g. Court fees amount balance or payment to date.
h. Fine amount.
i. Fine amount balance or payment to date.
j. Restitution amount ordered.
k. If restitution is ordered, the amount collected by the court and the amount paid to the victim.
20. The number of judges, magistrates, court commissioners, or their equivalents hearing nonappellant, adult criminal cases in the circuit.
(b) Each state attorney shall collect the following data:
1. For a human victim of a criminal offense:
a. Race and ethnicity.
b. Gender.
c. Age.
d. Relationship to the offender.
2. Number of full-time prosecutors.
3. Number of part-time prosecutors.
4. Annual felony caseload.
5. Annual misdemeanor caseload.
6. For each defendant:
a. Each charge referred to the office of the state attorney by law enforcement.
b. Drug type for each drug charge.
7. Number of cases in which no information was filed.
(c) Each public defender shall collect the following data for each criminal case:
1. Number of full-time public defenders.
2. Number of part-time public defenders.
3. Number of contract attorneys representing indigent defendants for the office of the public defender.
4. Annual felony caseload.
5. Annual misdemeanor caseload.
(d) The administrator of each county detention facility shall collect the following data:
1. Jail capacity.
2. Weekly admissions to jail for probation revocation.
3. Daily jail population.
4. Daily jail pretrial population.
5. Daily jail presentence population.
6. Daily jail postsentence population.
7. Daily number of federal and state inmates held in jail.
8. Total jail population at year-end.
9. Pretrial jail population at year-end.
10. Presentence jail population at year-end.
11. Postsentence jail population at year-end.
12. Number of federal and state inmates held in jail at year-end.
13. Daily cost of a jail bed.
14. Daily number of correctional officers.
15. Annual jail budget.
16. Revenue generated from the temporary incarceration of federal defendants or inmates.
17. For each inmate:
a. Booking date and reason.
b. Domestic violence flag.
c. Gang affiliation flag.
d. Habitual offender flag.
e. Pretrial release offender flag.
f. Sexual offender flag.
(e) The Department of Corrections shall collect:
1. For each prisoner:
a. The following data:
(I) Name.
(II) DOC number.
(III) Date of birth.
(IV) Race and ethnicity.
(V) Number of children.
(VI) Education level.
(VII) Admission date.
(VIII) Admission type.
(IX) Current institution and institution security level.
(X) Sexual offender flag.
(XI) Habitual offender flag.
(XII) Gang affiliation flag.
(XIII) Sentencing scoresheet.
(XIV) Committing county.
(XV) Whether the reason for admission to the department is for a new conviction or a probation violation.
For an admission for a probation violation, the department shall report whether the violation was technical, based on a new offense, or based on another term of probation.
b. Specific offense codes, including, for an inmate convicted of drug trafficking under s.
893.135, the offense code for each specific drug trafficked.
c. Concurrent or consecutive sentence flag.
d. Length of sentence or concurrent or consecutive sentences served.
e. Projected discharge date.
f. Time served, in days.
g. Good conduct credit earned.
h. Prior incarceration within the state.
i. Disciplinary violation and action.
j. Participation in rehabilitative or educational correctional programs.
2. The following information about each correctional facility:
a. Budget for each correctional institution.
b. Daily prison population.
c. Daily number of correctional officers.
d. Daily cost of a prison bed.
3. For probation and probationary services:
a. For each probationer:
(I) Name.
(II) Date of birth.
(III) Race and ethnicity.
(IV) Sex.
(V) Department-assigned case number.
b. Length of probation sentence imposed and length of probation sentence served.
c. Probation release date or projected release date.
d. Probation revocation due to a violation.
e. Probation revocation due to a new offense.
f. Daily cost per probationer.
(3) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the Department of Law Enforcement shall publish datasets in its possession in a modern, open, electronic format that is machine readable and readily accessible by the public on the department’s website.
The published data must be searchable, at a minimum, by each data element, county, circuit, and unique identifier.
Beginning March 1, 2019, the department shall begin publishing the data received under subsection (2) in the same modern, open, electronic format that is machine-readable and readily accessible to the public on the department’s website.
The department shall publish all data received under subsection (2) no later than July 1, 2019.
Section 3. Paragraph (b) of subsection (4) of section 907.043, Florida Statutes, is amended to read:
907.043 Pretrial release;
citizens’ right to know.— (4) (b) The annual report must contain, but need not be limited to:
1. The name, location, and funding sources of the pretrial release program, including the amount of public funds, if any, received by the pretrial release program.
2. The operating and capital budget of each pretrial release program receiving public funds.
3.a. The percentage of the pretrial release program’s total budget representing receipt of public funds.
b. The percentage of the total budget which is allocated to assisting defendants obtain release through a nonpublicly funded program.
c. The amount of fees paid by defendants to the pretrial release program.
4. The number of persons employed by the pretrial release program.
5. The number of defendants assessed and interviewed for pretrial release.
6. The number of defendants recommended for pretrial release.
7. The number of defendants for whom the pretrial release program recommended against nonsecured release.
8. The number of defendants granted nonsecured release after the pretrial release program recommended nonsecured release.
9. The number of defendants assessed and interviewed for pretrial release who were declared indigent by the court.
10. The number of defendants accepted into a pretrial release program who paid a surety or cash bail or bond.
11. The number of defendants for whom a risk assessment tool was used in determining whether the defendant should be released pending the disposition of the case and the number of defendants for whom a risk assessment tool was not used.
12. The type of each criminal charge of a defendant accepted into a pretrial release program, including, at a minimum, the number of defendants charged with:
a. Dangerous crimes as defined in s.
907.041.
b. Nonviolent felonies.
c. Misdemeanors only.
13. The number of defendants accepted into a pretrial release program with no prior criminal conviction.
14.10. The name and case number of each person granted nonsecured release who:
a. Failed to attend a scheduled court appearance.
b. Was issued a warrant for failing to appear.
c. Was arrested for any offense while on release through the pretrial release program.
15.11. Any additional information deemed necessary by the governing body to assess the performance and cost efficiency of the pretrial release program.
Section 4. Subsections (3) through (7) of section 921.0024, Florida Statutes, are amended to read:
921.0024 Criminal Punishment Code;
worksheet computations;
scoresheets.— (3) A single digitized scoresheet shall be prepared for each defendant to determine the permissible range for the sentence that the court may impose, except that if the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines or the code, separate digitized scoresheets must be prepared.
The scoresheet or scoresheets must cover all the defendant’s offenses pending before the court for sentencing.
The state attorney shall prepare the digitized scoresheet or scoresheets, which must be presented to the defense counsel for review for accuracy in all cases unless the judge directs otherwise.
The defendant’s scoresheet or scoresheets must be approved and signed by the sentencing judge.
(4) The Department of Corrections, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders, must develop and submit the revised digitized Criminal Punishment Code scoresheet to the Supreme Court for approval by June 15 of each year, as necessary.
The digitized scoresheet shall have individual, structured data cells for each data field on the scoresheet.
Upon the Supreme Court’s approval of the revised digitized scoresheet, the Department of Corrections shall produce and provide sufficient copies of the revised digitized scoresheets by September 30 of each year, as necessary.
Digitized scoresheets must include individual data cells to indicate item entries for the scoresheet preparer’s use in indicating whether any prison sentence imposed includes a mandatory minimum sentence or the sentence imposed was a downward departure from the lowest permissible sentence under the Criminal Punishment Code.
(5) The Department of Corrections shall make available distribute sufficient copies of the digitized Criminal Punishment Code scoresheets to those persons charged with the responsibility for preparing scoresheets.
(6) The clerk of the circuit court shall transmit a complete, and accurate digitized, and legible copy of the Criminal Punishment Code scoresheet used in each sentencing proceeding to the Department of Corrections.
Scoresheets must be electronically transmitted no less frequently than weekly monthly, by the first of each month, and may be sent collectively.
(7) A digitized sentencing scoresheet must be prepared for every defendant who is sentenced for a felony offense.
A copy of The individual offender’s digitized Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or any other rule pertaining to the preparation and submission of felony sentencing scoresheets, must be included with attached to the copy of the uniform judgment and sentence form provided to the Department of Corrections.
Section 5. Subsection (1) of section 932.7061, Florida Statutes, is amended to read:
Section 6. Section2. For 943.687,the purpose of incorporating the amendment made by this act to section 932.7061, Florida Statutes, in a reference thereto, section 932.7062, Florida Statutes, is createdreenacted to read:
943.687 Criminal justice data transparency.—In order to facilitate the availability of comparable and uniform criminal justice data, the department shall:
(1) Collect, compile, maintain, and manage the data submitted by local and state entities pursuant to s.
900.05 and coordinate related activities to collect and submit data.
The department shall create a unique identifier for each criminal case received from the clerks of court which identifies the person who is the subject of the criminal case.
The unique identifier must be the same for that person in any court case and used across local and state entities for all information related to that person at any time.
The unique identifier shall be randomly created and may not include any portion of the person’s social security number or date of birth.
(2) Promote criminal justice data sharing by making such data received under s.
900.05 comparable, transferable, and readily usable.
(3) Create and maintain an Internet-based database of criminal justice data received under s.
900.05 in a modern, open, electronic format that is machine-readable and readily accessible through an application program interface.
The database must allow the public to search, at a minimum, by each data element, county, judicial circuit, or unique identifier.
The department may not require a license or charge a fee to access or receive information from the database.
(4) Develop written agreements with local, state, and federal agencies to facilitate criminal justice data sharing.
(5) Establish by rule:
(a) Requirements for the entities subject to the requirements of s.
900.05 to submit data through an application program interface.
(b) A data catalog defining data objects, describing data fields, and detailing the meaning of and options for each data element reported pursuant to s.
900.05.
(c) How data collected pursuant to s.
900.05 is compiled, processed, structured, used, or shared.
The rule shall provide for the tagging of all information associated with each case number and unique identifier.
(d) Requirements for implementing and monitoring the Internet-based database established under subsection (3).
(e) How information contained in the Internet-based database established under subsection (3) is accessed by the public.
(6) Consult with local, state, and federal criminal justice agencies and other public and private users of the database established under subsection (3) on the data elements collected under s.
900.05, the use of such data, and adding data elements to be collected.
(7) Monitor data collection procedures and test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.
(8) Develop methods for archiving data, retrieving archived data, and data editing and verification.
Section 7. Section 945.041, Florida Statutes, is created to read:
945.041 Department of Corrections reports.—The department shall publish on its website and make available to the public the following information, updated on a quarterly basis:
(1) Inmate admissions by offense type.
Burglary of dwelling offenses under s.
810.02(2), (3)(a), and (3)(b) must be reported as a separate category from all other property crimes.
(2) The recidivism rate, defined as rearrest, reconviction, reincarceration, and probation revocation in the state within a 3-year time period following release from incarceration.
Section 8. For the purpose of incorporating the amendment made by this act to section 932.7061, Florida Statutes, in a reference thereto, section 932.7062, Florida Statutes, is reenacted to read:
Section 9. A3. This pilotact projectshall istake establishedeffect inJuly the1, Sixth2018. Judicial Circuit for the purpose of improving criminal justice data transparency and ensuring that data submitted under s.
900.05, Florida Statutes, is accurate, valid, reliable, and structured.
The clerk of court, the state attorney, the public defender, or a sheriff in the circuit may enter into a memorandum of understanding with a national, nonpartisan, not for-profit entity which provides data and measurement for county-level criminal justice systems to establish the duties and responsibilities of a data fellow, completely funded by the entity, to be embedded with the office or agency.
The data fellow shall assist with data extraction, validation, and quality and shall publish such data consistent with the terms of the memorandum.
The data fellow shall assist the office or agency in compiling and reporting data pursuant to s.
900.05, Florida Statutes, in compliance with rules established by the Department of Law Enforcement.
The pilot project shall expire as provided in the memorandum.
Section 10. For the 2018-2019 fiscal year, nine full-time equivalent positions with an associated total salary rate of $665,884 are authorized, and the sum of $1,750,000 in nonrecurring funds from General Revenue is appropriated to the Department of Law Enforcement for the purposes of implementing ss.
900.05(3) and 943.687, Florida Statutes, transitioning to incident-based crime reporting, and collecting and submitting crime statistics that meet the requirements of the Federal Bureau of Investigation under the National Incident-Based Reporting System.
Section 11. This act shall take effect July 1, 2018.
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Action History
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Laid on Table, companion bill(s) passed, see CS/HB 547 (Ch. 2018-92)
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Substituted CS/HB 547
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Read 2nd time
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Placed on Special Order Calendar, 03/07/18
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Placed on Calendar, on 2nd reading
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Favorable by- Appropriations; YEAS 17 NAYS 0
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On Committee agenda-- Appropriations, 03/02/18, 9:00 am, 412 Knott Building
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CS/CS by Judiciary read 1st time
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On Committee agenda-- Appropriations, 02/27/18, 11:00 am, 412 Knott Building --Not Considered
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Now in Appropriations
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS/CS by Judiciary; YEAS 10 NAYS 0
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CS by Criminal Justice read 1st time
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On Committee agenda-- Judiciary, 02/20/18, 4:00 pm, 110 Senate Office Building
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Now in Judiciary
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Remaining references corrected to Judiciary; Appropriations
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Original reference(s) removed: Rules
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Criminal Justice; YEAS 5 NAYS 1
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On Committee agenda-- Criminal Justice, 02/12/18, 3:30 pm, 37 Senate Office Building
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Introduced
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Referred to Criminal Justice; Judiciary; Rules
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Filed
Sponsors
- Stargel · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No
Sponsors (1)
- Stargel
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 3 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 3 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Benacquisto | — | Yea |
| Brandes | — | Yea |
| Gibson | — | Yea |
| Grimsley | — | Yea |
| Montford | — | Yea |
| Simmons | — | Yea |
| Stargel | — | Yea |
| Flores | — | Yea |
| Braynon | — | Not Voting |
| Galvano | — | Not Voting |
| Simpson | — | Not Voting |
| Book | — | Yea |
| Bracy | — | Yea |
| Gainer | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Flores | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Yea |
| Steube | — | Yea |
| Bracy | — | Yea |
| Powell | — | Yea |
| Thurston | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bean | — | Yea |
| Brandes | — | Yea |
| Baxley | — | Yea |
| Grimsley | — | Not Voting |
| Bracy | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Bradley, Jennifer | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors SB 1678?
- SB 1678 is sponsored by Stargel.
- What is the current status of SB 1678?
- This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1678?
- Track SB 1678 free on One Click Politics — get push/email alerts when it moves.
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