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The Florida Statutes

The 2018 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 900
GENERAL PROVISIONS
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CHAPTER 900
TITLE XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
CHAPTER 900
GENERAL PROVISIONS
900.01 Title.
900.02 Effective date.
900.03 Courts vested with criminal jurisdiction; process.
900.04 Contempts.
900.05 Criminal justice data collection.
900.01 Title.Chapters 900-925 may be cited as the “Criminal Procedure Law.”
History.s. 320, ch. 19554, 1939; CGL 1940 Supp. 8663(333); s. 7, ch. 22858, 1945; s. 1, ch. 70-339.
Note.Former s. 925.03.
900.02 Effective date.The Criminal Procedure Law shall become effective at 12:01 a.m., January 1, 1971, and shall govern the procedure in all criminal cases instituted after that time.
History.s. 321, ch. 19554, 1939; CGL 1940 Supp. 8663(334); s. 1, ch. 70-339.
Note.Former s. 925.02.
900.03 Courts vested with criminal jurisdiction; process.
(1) Original jurisdiction in criminal cases is vested in the circuit courts and county courts.
(2) Courts having criminal jurisdiction may issue writs and process necessary to the exercise of the criminal jurisdiction and the writs and process shall have effect through the state.
History.RS 2792, 2793; GS 3842, 3843; RGS 5937, 5938; CGL 8203, 8204; s. 10, ch. 65-483; s. 2, ch. 70-339; s. 34, ch. 73-334.
Note.Former ss. 932.01, 932.02.
900.04 Contempts.Said courts, in the exercise of their criminal jurisdiction may punish for contempts as in the exercise of their civil jurisdiction, and the county courts shall possess, in this respect, the same powers as the circuit courts.
History.RS 2794; GS 3844; RGS 5939; CGL 8205; s. 3, ch. 70-339; s. 34, ch. 73-334.
Note.Former s. 932.03.
900.05 Criminal justice data collection.
(1) LEGISLATIVE FINDINGS AND INTENT.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 making such data available to the public. The Legislature finds that it is an important state interest to implement a uniform data collection process and promote criminal justice data transparency.
(2) DEFINITIONS.As used in this section, the term:
(a) “Annual felony caseload” means the yearly caseload of each full-time state attorney and assistant state attorney or public defender and assistant public defender for cases assigned to the circuit criminal division, 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. Cases reported pursuant to this term must be associated with a case number, and each case number must only be reported once regardless of the number of attorney assignments that occur during the course of litigation.
(b) “Annual misdemeanor caseload” means the yearly caseload of each full-time state attorney and assistant state attorney or public defender and assistant public defender for cases assigned to the county criminal division, 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. Cases reported pursuant to this term must be associated with a case number, and each case number must only be reported once regardless of the number of attorney assignments that occur during the course of litigation.
(c) “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.
(d) “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.
(e) “Case number” means the identification number assigned by the clerk of court to a criminal case.
(f) “Case status” means whether a case is open, inactive, closed, or reopened due to a violation of probation or community control.
(g) “Charge description” means the statement of the conduct that is alleged to have been violated, the associated statutory section establishing such conduct as criminal, and the misdemeanor or felony classification that is provided for in the statutory section alleged to have been violated.
(h) “Charge modifier” means an aggravating circumstance of an alleged crime that enhances or reclassifies a charge to a more serious misdemeanor or felony offense level.
(i) “Concurrent or consecutive sentence flag” means an indication that a defendant is serving another sentence concurrently or consecutively in addition to the sentence for which data is being reported.
(j) “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 county detention facility or state correctional institution or facility each day.
(k) “Defense attorney type” means whether the attorney is a public defender, regional conflict counsel, or other counsel court-appointed for the defendant; the attorney is privately retained by the defendant; or the defendant is represented pro se.
(l) “Deferred prosecution or pretrial diversion agreement date” means the date a contract is signed by the parties regarding a defendant’s admission into a deferred prosecution or pretrial diversion program.
(m) “Deferred prosecution or pretrial diversion hearing date” means each date that a hearing, including a status hearing, is held on a case that is in a deferred prosecution or pretrial diversion program, if applicable.
(n) “Disciplinary violation and action” means any conduct performed by an inmate in violation of the rules of a county detention facility or state correctional institution or facility that results in the initiation of disciplinary proceedings by the custodial entity and the consequences of such disciplinary proceedings.
(o) “Disposition date” means the date of final judgment, adjudication, adjudication withheld, dismissal, or nolle prosequi for the case and if different dates apply, the disposition dates of each charge.
(p) “Domestic violence flag” means an indication that a charge involves domestic violence as defined in s. 741.28.
(q) “Gang affiliation flag” means an indication that a defendant is involved in or associated with a criminal gang as defined in s. 874.03.
(r) “Gain-time credit earned” means a credit of time awarded to an inmate in a county detention facility in accordance with 1s. 951.22 or a state correctional institution or facility in accordance with s. 944.275.
(s) “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.
(t) “Judicial transfer date” means a date on which a defendant’s case is transferred to another court or presiding judge.
(u) “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.
(v) “Pretrial release violation flag” means an indication that the defendant has violated the terms of his or her pretrial release.
(w) “Prior incarceration within the state” means any prior history of a defendant being incarcerated in a county detention facility or state correctional institution or facility.
(x) “Tentative release date” means the anticipated date that an inmate will be released from incarceration after the application of adjustments for any gain-time earned or credit for time served.
(y) “Sexual offender flag” means an indication that a defendant 2is required to register as a sexual predator as defined in s. 775.21 or as a sexual offender as defined in s. 943.0435.
(3) DATA COLLECTION AND REPORTING.Beginning January 1, 2019, an entity required to collect data in accordance with this subsection shall collect the specified data required of the entity on a biweekly basis. Each entity shall report the data collected in accordance with this subsection to the Department of Law Enforcement on a monthly basis.
(a) Clerk of the court.Each clerk of court shall collect the following data for each criminal case:
1. Case number.
2. Date that the alleged offense occurred.
3. County in which the offense is alleged to have occurred.
4. Date the defendant is taken into physical custody by a law enforcement agency or is issued a notice to appear on a criminal charge, if such date is different from the date the offense is alleged to have occurred.
5. Date that the criminal prosecution of a defendant is formally initiated through the filing, with the clerk of the court, of an information by the state attorney or an indictment issued by a grand jury.
6. Arraignment date.
7. Attorney assignment date.
8. Attorney withdrawal date.
9. Case status.
10. Disposition date.
11. Information related to each defendant, including:
a. Identifying information, including name, date of birth, age, race or ethnicity, and gender.
b. Zip code of primary residence.
c. Primary language.
d. Citizenship.
e. Immigration status, if applicable.
f. Whether the defendant has been found by a court to be indigent pursuant to s. 27.52.
12. Information related to the formal charges filed against the defendant, including:
a. Charge description.
b. Charge modifier, if applicable.
c. Drug type for each drug charge, if known.
d. Qualification for a flag designation as defined in this section, including a domestic violence flag, gang affiliation flag, sexual offender flag, habitual offender flag, or pretrial release violation flag.
13. Information related to bail or bond and pretrial release determinations, including the dates of any such determinations:
a. Pretrial release determination made at a first appearance hearing that occurs within 24 hours of arrest, including all monetary and nonmonetary conditions of release.
b. Modification of bail or bond conditions made by a court having jurisdiction to try the defendant or, in the absence of the judge of the trial court, by the circuit court, including modifications to any monetary and nonmonetary conditions of release.
c. Cash bail or bond payment, including whether the defendant utilized a bond agent to post a surety bond.
d. Date defendant is released on bail, bond, or pretrial release.
e. Bail or bond revocation due to a new offense, a failure to appear, or a violation of the terms of bail or bond, if applicable.
14. Information related to court dates and dates of motions and appearances, including:
a. Date of any court appearance and the type of proceeding scheduled for each date reported.
b. Date of any failure to appear in court, if applicable.
c. Judicial transfer date, if applicable.
d. Trial date.
e. Date that a defendant files a notice to participate in discovery.
f. Speedy trial motion and hearing dates, if applicable.
g. Dismissal motion and hearing dates, if applicable.
15. Defense attorney type.
16. Information related to sentencing, including:
a. Date that a court enters a sentence against a defendant.
b. Charge sentenced to, including charge sequence number, charge description, statute, type, and charge class severity.
c. Sentence type and length imposed by the court, including, but not limited to, the total duration of imprisonment in a county detention facility or state correctional institution or facility, and conditions 3of probation or community control supervision.
d. Amount of time served in custody by the defendant related to the reported criminal case that is credited at the time of disposition of the case to reduce the actual length of time the defendant will serve on the term of imprisonment that is ordered by the court at disposition.
e. Total amount of court fees imposed by the court at the disposition of the case.
f. Outstanding balance of the defendant’s court fees imposed by the court at disposition of the case.
g. Total amount of fines imposed by the court at the disposition of the case.
h. Outstanding balance of the defendant’s fines imposed by the court at disposition of the case.
i. Restitution amount ordered, including the amount collected by the court and the amount paid to the victim, if applicable.
j. Digitized sentencing scoresheet prepared in accordance with s. 921.0024.
17. The number of judges or magistrates, or their equivalents, hearing cases in circuit or county criminal divisions of the circuit court. Judges or magistrates, or their equivalents, who solely hear appellate cases from the county criminal division are not to be reported under this subparagraph.
(b) State attorney.Each state attorney shall collect the following data:
1. Information related to a human victim of a criminal offense, including:
a. Identifying information of the victim, including race or ethnicity, gender, and age.
b. Relationship to the offender, if any.
2. Number of full-time prosecutors.
3. Number of part-time prosecutors.
4. Annual felony caseload.
5. Annual misdemeanor caseload.
6. Any charge referred to the state attorney by a law enforcement agency related to an episode of criminal activity.
7. Number of cases in which a no-information was filed.
8. Information related to each defendant, including:
a. Each charge referred to the state attorney by a law enforcement agency related to an episode of criminal activity.
b. Drug type for each drug charge, if applicable.
(c) Public defender.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) County detention facility.The administrator of each county detention facility shall collect the following data:
1. Maximum capacity for the county detention facility.
2. Weekly admissions to the county detention facility for a revocation of probation or community control.
3. Daily population of the county detention facility, including the specific number of inmates in the custody of the county that:
a. Are awaiting case disposition.
b. Have been sentenced by a court to a term of imprisonment in the county detention facility.
c. Have been sentenced by a court to a term of imprisonment with the Department of Corrections and who are awaiting transportation to the department.
d. Have a federal detainer or are awaiting disposition of a case in federal court.
4. Information related to each inmate, including:
a. Date a defendant is processed into the county detention facility subsequent to an arrest for a new violation of law or for a violation of probation or community control.
b. Reason why a defendant is processed into the county detention facility if it is for a new law violation or a violation of probation or community control.
c. Qualification for a flag designation as defined in this section, including domestic violence flag, gang affiliation flag, habitual offender flag, pretrial release violation flag, or sexual offender flag.
5. Total population of the county detention facility at year-end. This data must include the same specified classifications as subparagraph 3.
6. Per diem rate for a county detention facility bed.
7. Daily number of correctional officers for the county detention facility.
8. Annual county detention facility budget. This information only needs to be reported once annually at the beginning of the county’s fiscal year.
9. Revenue generated for the county from the temporary incarceration of federal defendants or inmates.
(e) Department of Corrections.The Department of Corrections shall collect the following data:
1. Information related to each inmate, including:
a. Identifying information, including name, date of birth, race or ethnicity, and identification number assigned by the department.
b. Number of children.
c. Education level, including any vocational training.
d. Date the inmate was admitted to the custody of the department.
e. Current institution placement and the security level assigned to the institution.
f. Custody level assignment.
g. Qualification for a flag designation as defined in this section, including sexual offender flag, habitual offender flag, gang affiliation flag, or concurrent or consecutive sentence flag.
h. County that committed the prisoner to the custody of the department.
i. Whether the reason for admission to the department is for a new conviction or a violation of probation, community control, or parole. For an admission for a probation, community control, or parole violation, the department shall report whether the violation was technical or based on a new violation of law.
j. Specific statutory citation for which the inmate was committed to the department, including, for an inmate convicted of drug trafficking under s. 893.135, the statutory citation for each specific drug trafficked.
k. Length of sentence or concurrent or consecutive sentences served.
l. Tentative release date.
m. Gain time earned in accordance with s. 944.275.
n. Prior incarceration within the state.
o. Disciplinary violation and action.
p. Participation in rehabilitative or educational programs while in the custody of the department.
2. Information about each state correctional institution or facility, including:
a. Budget for each state correctional institution or facility.
b. Daily prison population of all inmates incarcerated in a state correctional institution or facility.
c. Daily number of correctional officers for each state correctional institution or facility.
3. Information related to persons supervised by the department on probation or community control, including:
a. Identifying information for each person supervised by the department on probation or community control, including his or her name, date of birth, race or ethnicity, sex, and department-assigned case number.
b. Length of probation or community control sentence imposed and amount of time that has been served on such sentence.
c. Projected termination date for probation or community control.
d. Revocation of probation or community control due to a violation, including whether the revocation is due to a technical violation of the conditions of supervision or from the commission of a new law violation.
4. Per diem rates for:
a. Prison bed.
b. Probation.
c. Community control.

This information only needs to be reported once annually at the time the most recent per diem rate is published.

(4) 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.
(5) NONCOMPLIANCE.Notwithstanding any other provision of law, an entity required to collect and transmit data under paragraph (3)(a) or paragraph (3)(d) which does not comply with the requirements of this section is ineligible to receive funding from the General Appropriations Act, any state grant program administered by the Department of Law Enforcement, or any other state agency for 5 years after the date of noncompliance.
History.s. 2, ch. 2018-127.
1Note.Section 951.22 relates to articles of contraband in county detention facilities; s. 951.21 relates to gain-time for good conduct for county prisoners.
2Note.The word “is” was inserted by the editors to improve clarity.
3Note.The word “of” was inserted by the editors to improve clarity.