Florida Senate - 2015                             CS for SB 1170
       
       
        
       By the Committee on Fiscal Policy; and Senator Bradley
       
       
       
       
       
       594-04429-15                                          20151170c1
    1                        A bill to be entitled                      
    2         An act relating to defendants in specialized courts;
    3         amending s. 910.035, F.S.; providing a definition;
    4         requiring a trial court to transfer certain criminal
    5         cases involving participants in specified programs to
    6         another jurisdiction having such a program under
    7         certain conditions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (5) of section 910.035, Florida
   12  Statutes, is amended to read:
   13         910.035 Transfer from county for plea, and sentence, or
   14  participation in a problem-solving court.—
   15         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
   16         (a) For purposes of this subsection, the term “problem
   17  solving court” means a drug court pursuant to s. 948.01, s.
   18  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans’ court
   19  pursuant to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; or
   20  a mental health court.
   21         (b) Any person eligible for participation in a problem
   22  solving drug court shall, upon request by the person or a court,
   23  treatment program pursuant to s. 948.08(6) may be eligible to
   24  have the case transferred to a county other than that in which
   25  the charge arose if the person agrees to the transfer, the drug
   26  court program agrees and if the following conditions are met:
   27         (a) the authorized representative of the trial drug court
   28  consults program of the county requesting to transfer the case
   29  shall consult with the authorized representative of the problem
   30  solving drug court program in the county to which transfer is
   31  desired, and both representatives agree to the transfer.
   32         (c)(b) If all parties agree to the transfer as required by
   33  paragraph (b), approval for transfer is received from all
   34  parties, the trial court shall accept a plea of nolo contendere
   35  and enter a transfer order directing the clerk to transfer the
   36  case to the county which has accepted the defendant into its
   37  problem-solving drug court program.
   38         (d)1.(c)When transferring a pretrial problem-solving court
   39  case, the transfer order shall include a copy of the probable
   40  cause affidavit; any charging documents in the case; all
   41  reports, witness statements, test results, evidence lists, and
   42  other documents in the case; the defendant’s mailing address and
   43  telephone phone number; and the defendant’s written consent to
   44  abide by the rules and procedures of the receiving county’s
   45  problem-solving drug court program.
   46         2. When transferring a postadjudicatory problem-solving
   47  court case, the transfer order shall include a copy of the
   48  charging documents in the case; the final disposition; all
   49  reports, test results, and other documents in the case; the
   50  defendant’s mailing address and telephone number; and the
   51  defendant’s written consent to abide by the rules and procedures
   52  of the receiving county’s problem-solving court.
   53         (e)(d) After the transfer takes place, the receiving clerk
   54  shall set the matter for a hearing before the problem-solving
   55  drug court in the receiving jurisdiction to program judge and
   56  the court shall ensure the defendant’s entry into the problem
   57  solving drug court program.
   58         (f)(e) Upon successful completion of the problem-solving
   59  drug court program, the jurisdiction to which the case has been
   60  transferred shall dispose of the case pursuant to s. 948.08(6).
   61  If the defendant does not complete the problem-solving drug
   62  court program successfully, the jurisdiction to which the case
   63  has been transferred shall dispose of the case within the
   64  guidelines of the Criminal Punishment Code.
   65         Section 2. This act shall take effect July 1, 2015.