(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 1 s. 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 2 is 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.