1

The Committee on Criminal Justice (Dockery) recommended the

2

following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 175 and 176

6

insert:

7

     Section 2.  Paragraph (b) of subsection (1) of section

8

120.57, Florida Statutes, is amended to read:

9

     120.57  Additional procedures for particular cases.--

10

     (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING

11

DISPUTED ISSUES OF MATERIAL FACT.--

12

     (b)  All parties shall have an opportunity to respond, to

13

present evidence and argument on all issues involved, to conduct

14

cross-examination and submit rebuttal evidence, to submit

15

proposed findings of facts and orders, to file exceptions to the

16

presiding officer's recommended order, and to be represented by

17

counsel or other qualified representative. In proceedings for

18

continued placement of inmates under section 945.45, F.S., the

19

administrative law judge shall appoint the public defender of

20

the circuit in which the treatment facility is located to

21

represent the inmate, unless the inmate is otherwise represented

22

by a private attorney. When appropriate, the general public may

23

be given an opportunity to present oral or written

24

communications. If the agency proposes to consider such

25

material, then all parties shall be given an opportunity to

26

cross-examine or challenge or rebut the material.

27

28

Redesignate subjequent sections.

29

30

================ T I T L E  A M E N D M E N T ================

31

And the title is amended as follows:

32

     On line 5, after the semicolon

33

insert:

34

amending s. 120.57, F.S.; authorizing administrative law

35

judges to appoint public defenders to inmates in

36

proceedings for continued placement;

2/4/2008  5:01:00 PM     CJ.CJ.03901