Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 172
       
       
       
       
       
       
                                Ì695286PÎ695286                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2017           .                                
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       The Committee on Judiciary (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 62 - 91
    4  and insert:
    5  petitioner and the attorney for the alleged incapacitated person
    6  by electronic mail delivery or United States mail and, upon
    7  service, shall file a certificate of service in the incapacity
    8  proceeding. The petitioner and the attorney for the alleged
    9  incapacitated person must be served with all reports at least 10
   10  days before the hearing on the petition, unless the reports are
   11  not complete, in which case the petitioner and the attorney for
   12  the alleged incapacitated person may waive the 10-day
   13  requirement and consent to the consideration of the reports by
   14  the court at the adjudicatory hearing. If such service is not
   15  timely carried out, the petitioner or the alleged incapacitated
   16  person may move for a continuance of the hearing A copy of each
   17  committee member’s report must be served on the petitioner and
   18  on the attorney for the alleged incapacitated person within 3
   19  days after the report is filed and at least 5 days before the
   20  hearing on the petition.
   21         (i) The petitioner and the alleged incapacitated person may
   22  object to the introduction into evidence of all or any portion
   23  of the examining committee members’ reports by filing and
   24  serving a written objection on the other party no later than 5
   25  days before the adjudicatory hearing. The objection must state
   26  the basis upon which the challenge to admissibility is made. If
   27  an objection is timely filed and served, the court shall apply
   28  the rules of evidence in determining the reports’ admissibility.
   29  For good cause shown, the court may extend the time to file and
   30  serve the written objection.
   31         (5) ADJUDICATORY HEARING.—
   32         (a) Upon appointment of the examining committee, the court
   33  shall set the date upon which the petition will be heard. The
   34  date for the adjudicatory hearing must be conducted at least 10
   35  days, which time period may be waived, but no more than 30 days,
   36  after the filing of the last
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete line 13
   41  and insert:
   42         reports; authorizing parties to agree to waive the
   43         timeframe; authorizing the petitioner and the alleged