Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 7068, 1st Eng.
       
       
       
       
       
       
                                Ì443426(Î443426                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1l/AD/3R         .                                
             04/24/2015 12:52 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (902964) (with title
    2  amendment)
    3  
    4         Between lines 3472 and 3473
    5  insert:
    6         Section 34. Subsection (5) of section 910.035, Florida
    7  Statutes, is amended to read:
    8         910.035 Transfer from county for plea, and sentence, or
    9  participation in a problem-solving court.—
   10         (5) PROBLEM-SOLVING COURTS.—
   11         (a) As used in this subsection, the term “problem-solving
   12  court” means a drug court pursuant to s. 948.01, s. 948.06, s.
   13  948.08, s. 948.16, or s. 948.20; a military veterans and
   14  servicemembers court pursuant to s. 394.47891, s. 948.08, s.
   15  948.16, or s. 948.21; a mental health court pursuant to s.
   16  394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or a
   17  delinquency pretrial intervention court program pursuant to s.
   18  985.345.
   19         (b) Any person eligible for participation in a problem
   20  solving drug court shall, upon request by the person or a court,
   21  treatment program pursuant to s. 948.08(6) may be eligible to
   22  have the case transferred to a county other than that in which
   23  the charge arose if the person agrees to the transfer and the
   24  drug court program agrees and if the following conditions are
   25  met:
   26         (a) the authorized representative of the trial drug court
   27  consults program of the county requesting to transfer the case
   28  shall consult with the authorized representative of the problem
   29  solving drug court program in the county to which transfer is
   30  desired, and both representatives agree to the transfer.
   31         (c)(b) If all parties agree to the transfer as required by
   32  paragraph (b), approval for transfer is received from all
   33  parties, the trial court shall accept a plea of nolo contendere
   34  and enter a transfer order directing the clerk to transfer the
   35  case to the county that which has accepted the defendant into
   36  its problem-solving drug court program.
   37         (d)1.(c)When transferring a pretrial problem-solving court
   38  case, the transfer order shall include a copy of the probable
   39  cause affidavit; any charging documents in the case; all
   40  reports, witness statements, test results, evidence lists, and
   41  other documents in the case; the defendant’s mailing address and
   42  telephone phone number; and the defendant’s written consent to
   43  abide by the rules and procedures of the receiving county’s
   44  problem-solving drug court program.
   45         2. When transferring a postadjudicatory problem-solving
   46  court case, the transfer order must include a copy of the
   47  charging documents in the case; the final disposition; all
   48  reports, test results, and other documents in the case; the
   49  defendant’s mailing address and telephone number; and the
   50  defendant’s written consent to abide by the rules and procedures
   51  of the receiving county’s problem-solving court.
   52         (e)(d) After the transfer takes place, the clerk shall set
   53  the matter for a hearing before the problem-solving drug court
   54  to program judge and the court shall ensure the defendant’s
   55  entry into the problem-solving drug court program.
   56         (f)(e) Upon successful completion of the problem-solving
   57  drug court program, the jurisdiction to which the case has been
   58  transferred shall dispose of the case pursuant to s. 948.08(6).
   59  If the defendant does not complete the problem-solving drug
   60  court program successfully, the jurisdiction to which the case
   61  has been transferred shall dispose of the case within the
   62  guidelines of the Criminal Punishment Code.
   63         Section 35. Subsection (5) of section 916.106, Florida
   64  Statutes, is amended to read:
   65         916.106 Definitions.—For the purposes of this chapter, the
   66  term:
   67         (5) “Court” means the circuit court and a county court
   68  ordering the conditional release of a defendant as provided in
   69  s. 916.17.
   70         Section 36. Subsection (1) of section 916.17, Florida
   71  Statutes, is amended to read:
   72         916.17 Conditional release.—
   73         (1) Except for an inmate currently serving a prison
   74  sentence, the committing court may order a conditional release
   75  of any defendant in lieu of an involuntary commitment to a
   76  facility pursuant to s. 916.13 or s. 916.15 based upon an
   77  approved plan for providing appropriate outpatient care and
   78  treatment. A county court may order the conditional release of a
   79  defendant for purposes of the provision of outpatient care and
   80  treatment only. Upon a recommendation that outpatient treatment
   81  of the defendant is appropriate, a written plan for outpatient
   82  treatment, including recommendations from qualified
   83  professionals, must be filed with the court, with copies to all
   84  parties. Such a plan may also be submitted by the defendant and
   85  filed with the court with copies to all parties. The plan shall
   86  include:
   87         (a) Special provisions for residential care or adequate
   88  supervision of the defendant.
   89         (b) Provisions for outpatient mental health services.
   90         (c) If appropriate, recommendations for auxiliary services
   91  such as vocational training, educational services, or special
   92  medical care.
   93  
   94  In its order of conditional release, the court shall specify the
   95  conditions of release based upon the release plan and shall
   96  direct the appropriate agencies or persons to submit periodic
   97  reports to the court regarding the defendant’s compliance with
   98  the conditions of the release and progress in treatment, with
   99  copies to all parties.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete line 5772
  104  and insert:
  105         state; amending s. 910.035, F.S.; defining the term
  106         “problem-solving court”; authorizing a person eligible
  107         for participation in a problem-solving court to
  108         transfer his or her case to another county’s problem
  109         solving court under certain circumstances; making
  110         technical changes; amending s. 916.106, F.S.;
  111         redefining the term “court” to include county courts
  112         in certain circumstances; amending s. 916.17, F.S.;
  113         authorizing a county court to order the conditional
  114         release of a defendant for the provision of outpatient
  115         care and treatment; creating s. 916.185, F.S.;
  116         providing