CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senators Klein and Gutman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  The Division of Statutory Revision of the

18  Joint Legislative Management Committee shall change the name

19  of chapter 916, Florida Statutes, from "Mentally Deficient and

20  Mentally Ill Defendants" to "Mentally Deficient and Mentally

21  Ill Defendants; Civil Commitment of Sexually Violent

22  Predators."

23         Section 2.  Section 916.10, Florida Statutes, is

24  amended to read:

25         916.10  Short title.--Sections 916.10-916.20 This

26  chapter may be cited as the "Forensic Client Services Act."

27         Section 3.  Section 916.30, Florida Statutes, is

28  created to read:

29         916.30  Sections 916.30-916.49 may be cited as the "The

30  Jimmy Ryce Act of 1998."

31         Section 4.  Section 916.31, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  created to read:

 2         916.31  Legislative findings and intent.--The

 3  Legislature finds that a mentally abnormal and extremely

 4  dangerous group of sexually violent predators exists and

 5  requires involuntary civil commitment for long-term control,

 6  care, and treatment. The Legislature further finds that the

 7  likelihood that sexually violent predators will engage in

 8  repeat acts of sexual violence, if not treated for their

 9  mental conditions, is significant. Because the existing civil

10  commitment process under the Baker Act is inadequate to

11  address the special needs of sexually violent predators and

12  the risks that they present to society, the Legislature

13  determines that a separate involuntary civil commitment

14  process for the long-term control, care, and treatment of

15  sexually violent predators is necessary. The Legislature also

16  determines that, because of the nature of the mental

17  conditions from which sexually violent predators suffer and

18  the dangers they present, it is necessary to house

19  involuntarily committed sexually violent predators in an

20  environment separate from persons involuntarily committed

21  under traditional civil commitment statutes.

22         Section 5.  Section 916.32, Florida Statutes, is

23  created to read:

24         916.32  Definitions.--As used in ss. 916.30-916.49, the

25  term:

26         (1)  "Agency with jurisdiction" means the agency that

27  releases, upon lawful order or authority, a person serving a

28  sentence in the custody of the Department of Corrections, a

29  person adjudicated delinquent and committed to the custody of

30  the Department of Juvenile Justice or a person who was

31  involuntarily committed to the custody of the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  Children and Family Services upon an adjudication of not

 2  guilty by reason of insanity.

 3         (2)  "Convicted of a sexually violent offense" means a

 4  person who has been:

 5         (a)  Adjudicated guilty of a sexually violent offense

 6  after a trial, guilty plea, or plea of nolo contendere;

 7         (b)  Adjudicated not guilty by reason of insanity of a

 8  sexually violent offense; or

 9         (c)  Adjudicated delinquent of a sexually violent

10  offense after a trial, guilty plea, or plea of nolo

11  contendere.

12         (3)  "Department" means the Department of Children and

13  Family Services.

14         (4)  "Likely to engage in acts of sexual violence"

15  means the person's propensity to commit acts of sexual

16  violence is of such a degree as to pose a menace to the health

17  and safety of others.

18         (5)  "Mental abnormality" means a mental condition

19  affecting a person's emotional or volitional capacity which

20  predisposes the person to commit sexually violent offenses.

21         (6)  "Person" means an individual 18 years of age or

22  older who is a potential or actual subject of proceedings

23  under ss. 916.30-916.49.

24         (7)  "Sexually motivated" means that one of the

25  purposes for which the defendant committed the crime was for

26  sexual gratification.

27         (8)  "Sexually violent offense" means:

28         (a)  Murder of a human being while engaged in sexual

29  battery in violation of s. 782.04(1)(a)2.;

30         (b)  Kidnapping of a child under the age of 16 and, in

31  the course of that offense, committing:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         1.  Sexual battery; or

 2         2.  A lewd, lascivious, or indecent assault or act upon

 3  or in the presence of the child;

 4         (c)  Committing the offense of false imprisonment upon

 5  a child under the age of 16 and, in the course of that

 6  offense, committing:

 7         1.  Sexual battery; or

 8         2.  A lewd, lascivious or indecent assault or act upon

 9  or in the presence of the child;

10         (d)  Sexual battery in violation of s. 794.011;

11         (e)  Lewd, lascivious, or indecent assault or act upon

12  or in presence of the child in violation of s. 800.04;

13         (f)  An attempt, criminal solicitation, or conspiracy,

14  in violation of s. 777.04, of a sexually violent offense;

15         (g)  Any conviction for a felony offense in effect at

16  any time before July 1, 1998, which is comparable to a

17  sexually violent offense under paragraphs (a)-(f) or any

18  federal conviction or conviction in another state for a felony

19  offense that in this state would be a sexually violent

20  offense; or

21         (h)  Any criminal act that, either at the time of

22  sentencing for the offense or subsequently during civil

23  commitment proceedings under ss. 916.30-916.49, has been

24  determined beyond a reasonable doubt to have been sexually

25  motivated.

26         (9)  "Sexually violent predator" means any person who:

27         (a)  Has been convicted of a sexually violent offense;

28  and

29         (b)  Suffers from a mental abnormality or personality

30  disorder that makes the person likely to engage in acts of

31  sexual violence if not confined in a secure facility for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  long-term control, care, and treatment.

 2         (10) "Total confinement" means that the person is

 3  currently being held in any physically secure facility being

 4  operated or contractually operated for the Department of

 5  Corrections, the Department of Juvenile Justice, or the

 6  Department of Children and Family Services.

 7         Section 6.  Section 916.33, Florida Statutes, is

 8  created to read:

 9         916.33  Notice to state attorney and multidisciplinary

10  team of release of sexually violent predator; establishing

11  multidisciplinary team.--

12         (1)  The agency having jurisdiction over a person who

13  has been convicted of a sexually violent offense shall give

14  written notice to the multidisciplinary team, and a copy to

15  the state attorney of the circuit where that person was last

16  convicted of a sexually violent offense, 180 days or, in the

17  case of an adjudicated committed delinquent, 90 days before:

18         (a)  The anticipated release from total confinement of

19  a person who has been convicted of a sexually violent offense,

20  except that in the case of persons who have been returned to

21  confinement for no more than 90 days, written notice must be

22  given as soon as practicable following the person's return to

23  confinement; or

24         (b)  The anticipated hearing regarding possible release

25  of a person who has been found not guilty by reason of

26  insanity or mental incapacity of a sexually violent offense.

27         (2)  The agency having jurisdiction shall provide the

28  multidisciplinary team with the following information:

29         (a)  The person's name; identifying characteristics;

30  anticipated future residence; the type of supervision the

31  person will receive in the community, if any; and the person's

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  offense history; and

 2         (b)  Documentation of institutional adjustment and any

 3  treatment received and, in the case of an adjudicated

 4  delinquent committed to the Department of Juvenile Justice,

 5  copies of the most recent performance plan and performance

 6  summary.

 7

 8  The provisions of this section are not jurisdictional, and

 9  failure to comply with them in no way prevents the state

10  attorney from proceeding against a person otherwise subject to

11  the provisions of ss. 916.30-916.49. However, the state

12  attorney has no lawful authority to file a petition with the

13  circuit court alleging that a person is a sexually violent

14  predator without a written assessment and recommendation from

15  the multidisciplinary team that the state attorney file a

16  petition seeking civil commitment.

17         (3)  The Secretary of Children and Family Services

18  shall establish a multidisciplinary team, which shall include

19  two licensed psychiatrists or psychologists, or one licensed

20  psychiatrist and one licensed psychologist, designated by the

21  Secretary of Children and Family Services. Both evaluators

22  must concur. If one of the professionals performing the

23  evaluation does not concur that the person meets the criteria

24  for civil commitment, but the other professional concludes

25  that the person meets the criteria, the Secretary of Children

26  and Family Services shall arrange for further examination of

27  the person by two independent licensed psychiatrists or

28  psychologists or by one independent licensed psychiatrist and

29  one independent licensed psychologist. If an examination by

30  independent professionals is conducted, a petition to seek

31  commitment under this act shall only be filed if both

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  independent professionals who evaluate the person pursuant to

 2  this subsection concur that the person meets the criteria for

 3  civil commitment. The Attorney General's Office shall serve as

 4  legal counsel to the multidisciplinary team. The team, within

 5  45 days after receiving notice, shall assess whether the

 6  person meets the definition of a sexually violent predator and

 7  provide the state attorney with its written assessment and

 8  recommendation.

 9         Section 7.  Section 916.34, Florida Statutes, is

10  created to read:

11         916.34  Petition; time; contents.--When a

12  multidisciplinary team determines that a person meets the

13  definition of a sexually violent predator as provided in s.

14  916.32, the state attorney in the judicial circuit where the

15  person committed the sexually violent offense may file a

16  petition with the circuit court alleging that the person is a

17  sexually violent predator and stating facts sufficient to

18  support such allegation.

19         Section 8.  Section 916.35, Florida Statutes, is

20  created to read:

21         916.35  Determination of probable cause; hearing;

22  evaluation; respondent taken into custody; bail.--

23         (1)  When the state attorney files a petition seeking

24  to have a person declared a sexually violent predator, the

25  judge shall determine whether probable cause exists to believe

26  that the person named in the petition is a sexually violent

27  predator. If the judge determines that there is probable cause

28  to believe that the person is a sexually violent predator, the

29  judge shall direct that the person be taken into custody and

30  held in an appropriate secure facility.

31         (2)  Before the release from custody of a person whom

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  the multidisciplinary team recommends for civil commitment,

 2  but after the state attorney files a petition under s. 916.33,

 3  the state attorney may further petition the court for an

 4  adversarial probable cause hearing. The person shall be

 5  provided with notice of, and an opportunity to appear in

 6  person at, an adversary hearing. At this hearing, the judge

 7  shall:

 8         (a)  Receive evidence and hear argument from the person

 9  and the state attorney; and

10         (b)  Determine whether probable cause exists to believe

11  that the person is a sexually violent predator.

12         (3)  At the probable cause hearing, the person has the

13  right to:

14         (a)  Be represented by counsel;

15         (b)  Present evidence;

16         (c)  Cross-examine any witnesses who testify against

17  the person; and

18         (d)  View and copy all petitions and reports in the

19  court file.

20         (4)  If the court again concludes that there is

21  probable cause to believe that the person is a sexually

22  violent predator, the court shall direct that the person be

23  held in an appropriate secure facility in the county where the

24  petition was filed for an evaluation by a mental health

25  professional.

26         (5)  After a court finds probable cause to believe that

27  the person is a sexually violent predator, the person must be

28  held in custody in a secure facility without opportunity for

29  pretrial release or release during the trial proceedings.

30         Section 9.  Section 916.36, Florida Statutes, is

31  created to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         916.36  Trial; counsel and experts; indigent persons;

 2  jury.--

 3         (1)  Within 30 days after the determination of probable

 4  cause, the court shall conduct a trial to determine whether

 5  the person is a sexually violent predator.

 6         (2)  The trial may be continued upon the request of

 7  either party and a showing of good cause, or by the court on

 8  its own motion in the interests of justice, when the person

 9  will not be substantially prejudiced.

10         (3)  At all adversarial proceedings under this act, the

11  person subject to this act is entitled to the assistance of

12  counsel, and, if the person is indigent, the court shall

13  appoint the public defender or, if a conflict exists, other

14  counsel to assist the person.

15         (4)  If the person is subjected to a mental health

16  examination under this chapter, the person also may retain

17  experts or mental health professionals to perform an

18  examination. If the person wishes to be examined by a

19  professional of the person's own choice, the examiner must be

20  provided reasonable access to the person, as well as to all

21  relevant medical and mental health records and reports. In the

22  case of a person who is indigent, the court, upon the person's

23  request, shall determine whether such an examination is

24  necessary. If the court determines that an examination is

25  necessary, the court shall appoint a mental health

26  professional and determine the reasonable compensation for the

27  professional's services.

28         (5)  The person or the state attorney has the right to

29  demand that the trial be before a jury. A demand for a jury

30  trial must be filed, in writing, at least 5 days before the

31  trial. If no demand is made, the trial shall be to the court.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         Section 10.  Section 916.37, Florida Statutes, is

 2  created to read:

 3         916.37  Determination; commitment procedure; mistrials;

 4  housing.--

 5         (1)  The court or jury shall determine by clear and

 6  convincing evidence whether the person is a sexually violent

 7  predator. If the determination is made by a jury, the decision

 8  must be unanimous. If a majority of the jury finds that the

 9  person is a sexually violent predator, but the decision is not

10  unanimous, the state attorney may refile the petition and

11  proceed according to the provisions of ss. 916.30-916.49. Any

12  retrial must occur within 90 days after the previous trial,

13  unless the subsequent proceeding is continued in accordance

14  with s. 916.36(2). The determination that a person is a

15  sexually violent predator may be appealed.

16         (2)  If the court or jury determines that the person is

17  a sexually violent predator, the person shall be committed to

18  the custody of the Department of Children and Family Services

19  for control, care, and treatment until such time as the

20  person's mental abnormality or personality disorder has so

21  changed that it is safe for the person to be at large. At all

22  times, sexually violent predators who are committed for

23  control, care, and treatment by the Department of Children and

24  Family Services under this section shall be kept in a secure

25  facility segregated from patients who are not committed under

26  this section.

27         Section 11.  Section 916.38, Florida Statutes, is

28  created to read:

29         916.38  Examinations.--

30         (1)  A person committed under ss. 916.30-916.49 shall

31  have an examination of his or her mental condition once every

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  3 years or more frequently at the court's discretion. The

 2  person may retain or, if the person is indigent and so

 3  requests, the court may appoint, a qualified professional to

 4  examine the person. Such a professional shall have access to

 5  all records concerning the person. The results of the

 6  examination shall be provided to the court that committed the

 7  person under ss. 916.30-916.49. Upon receipt of the report,

 8  the court shall conduct a review of the person's status.

 9         (2)  The department shall provide the person with

10  annual written notice of the person's right to petition the

11  court for release over the objection of the director of the

12  facility where the person is housed. The notice must contain a

13  waiver of rights. The director of the facility shall forward

14  the notice and waiver form to the court.

15         (3)  The court shall hold a limited hearing to

16  determine whether there is probable cause to believe that the

17  person's condition has so changed that it is safe for the

18  person to be at large and that the person will not engage in

19  acts of sexual violence if discharged. The person has the

20  right to be represented by counsel at the probable cause

21  hearing, but the person is not entitled to be present. If the

22  court determines that there is probable cause to believe it is

23  safe to release the person, the court shall set a trial before

24  the court on the issue.

25         (4)  At the trial before the court, the person is

26  entitled to be present and is entitled to the benefit of all

27  constitutional protections afforded the person at the initial

28  trial, except for the right to a jury. The state attorney

29  shall represent the state and has the right to have the person

30  examined by professionals chosen by the state. At the hearing

31  the state bears the burden of proving, by clear and convincing

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  evidence, that the person's mental condition remains such that

 2  it is not safe for the person to be at large and that, if

 3  released, the person is likely to engage in acts of sexual

 4  violence.

 5         Section 12.  Section 916.39, Florida Statutes, is

 6  created to read:

 7         916.39  Authorized petition for release; procedure.--

 8         (1)  If the Secretary of Children and Family Services

 9  or the secretary's designee at any time determines that the

10  person is not likely to commit acts of sexual violence if

11  conditionally discharged, the secretary or the secretary's

12  designee shall authorize the person to petition the court for

13  release.  The petition shall be served upon the court and the

14  state attorney.  The court, upon receipt of such a petition,

15  shall order a trial before the court within 30 days, unless

16  continued for good cause.

17         (2)  The state attorney shall represent the state, and

18  has the right to have the person examined by professionals of

19  the state attorney's choice. The state bears the burden of

20  proving, by clear and convincing evidence, that the person's

21  mental condition remains such that it is not safe for the

22  person to be at large and that, if released, the person is

23  likely to engage in acts of sexual violence.

24         Section 13.  Section 916.40, Florida Statutes, is

25  created to read:

26         916.40  Petition for release.--Sections 916.30-916.49

27  do not prohibit a person from filing a petition for discharge

28  at any time. However, if the person has previously filed such

29  a petition without the approval of the Secretary of Children

30  and Family Services or the secretary's designee and the court

31  determined that the petition was without merit, a subsequent

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  petition shall be denied unless the petition contains facts

 2  upon which a court could find that the person's condition has

 3  so changed that a probable-cause hearing is warranted.

 4         Section 14.  Section 916.41, Florida Statutes, is

 5  created to read:

 6         916.41  Release of records to state attorney.--

 7         (1)  In order to protect the public, relevant

 8  information and records that are otherwise confidential or

 9  privileged shall be released to the agency having jurisdiction

10  or to the state attorney for the purpose of meeting the notice

11  requirements of ss. 916.30-916.49 and determining whether a

12  person is or continues to be a sexually violent predator.

13         (2)  Psychological or psychiatric reports, drug and

14  alcohol reports, treatment records, medical records, or victim

15  impact statements that have been submitted to the court or

16  admitted into evidence under ss. 916.30-916.49 shall be part

17  of the record, but shall be sealed and may be opened only

18  pursuant to a court order.

19         Section 15.  Section 916.42, Florida Statutes, is

20  created to read:

21         916.42  Constitutional requirements.--The long-term

22  control, care, and treatment of a person committed under ss.

23  916.30-916.49 must conform to constitutional requirements.

24         Section 16.  Section 916.43, Florida Statutes, is

25  created to read:

26         916.43  Immunity from civil liability.--The agency with

27  jurisdiction and its officers and employees; the department

28  and its officers and employees; members of the

29  multidisciplinary team; the state attorney and the state

30  attorney's employees; and those involved in the evaluation,

31  care, and treatment of sexually violent persons committed

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  under ss. 916.30-916.49, are immune from any civil liability

 2  for good-faith conduct under ss. 916.30-916.49.

 3         Section 17.  Section 916.44, Florida Statutes, is

 4  created to read:

 5         916.44  Severability.--If any section, subsection, or

 6  provision of ss. 916.30-916.49 is held to be unconstitutional

 7  or invalid by a court of competent jurisdiction, the remaining

 8  portions of ss. 916.30-916.49 shall be unaffected because the

 9  Legislature declares that the provisions of ss. 916.30-916.49

10  are severable from each other.

11         Section 18.  Section 916.45, Florida Statutes, is

12  created to read:

13         916.45  Applicability of act.--Sections 916.30-916.49

14  apply to all persons currently in custody who have been

15  convicted of a sexually violent offense, as that term is

16  defined in s. 916.32(8), as well as to all persons convicted

17  of a sexually violent offense in the future.

18         Section 19.  Section 916.46, Florida Statutes, is

19  created to read:

20         916.46  Notice to victims of release of persons

21  committed as sexually violent predators.--As soon as is

22  practicable, the department shall give written notice of the

23  release of a person committed as a sexually violent predator

24  to any victim of the committed person who is alive and whose

25  address is known to the department or, if the victim is

26  deceased, to the victim's family, if the family's address is

27  known to the department. Failure to notify is not a reason for

28  postponement of release. This section does not create a cause

29  of action against the state or an employee of the state acting

30  within the scope of the employee's employment as a result of

31  the failure to notify pursuant to ss. 916.30-916.49.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         Section 20.  Section 916.47, Florida Statutes, is

 2  created to read:

 3         916.47  Escape while in lawful custody.--A person who

 4  is held in lawful custody pursuant to a judicial finding of

 5  probably cause under s. 916.35 or pursuant to a commitment as

 6  a sexually violent predator under s. 916.36 and who escapes or

 7  attempts to escape while in such custody commits a felony of

 8  the second degree, punishable as provided in s. 775.082, s.

 9  775.083, or s. 775.084.

10         Section 21.  Section 916.48, Florida Statutes, is

11  created to read:

12         916.48  Subsistence fees and costs of treatment.--

13         (1)  In recognition of the fact that persons committed

14  under ss. 916.30-916.49 may have sources of income and assets,

15  which may include bank accounts, inheritances, real estate,

16  social security payments, veteran's payments, and other types

17  of financial resources, and in recognition of the fact that

18  the daily subsistence cost and costs of treatment of persons

19  committed under ss. 916.30-916.49 are a burden on the

20  taxpayers of the state, each person so committed shall:

21         (a)  Upon order of the court committing the person,

22  disclose all revenue or assets to the department.

23         (b)  Pay from such income and assets, except where such

24  income is exempt by state or federal law, all or a fair

25  portion of the person's daily subsistence and treatment costs,

26  based upon the person's ability to pay, the liability or

27  potential liability of the person to the victim or the

28  guardian or the estate of the victim, and the needs of his or

29  her dependents.

30         (2)(a)  Any person who is directed to pay all or a fair

31  portion of daily subsistence and treatment costs is entitled

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  to reasonable advance notice of the assessment and shall be

 2  afforded an opportunity to present reasons for opposition to

 3  the assessment.

 4         (b)  An order directing payment of all or a fair

 5  portion of a person's daily subsistence costs may survive

 6  against the estate of the person.

 7         Section 22.  Section 916.49, Florida Statutes, is

 8  created to read:

 9         916.49  Department of Children and Family Services

10  responsible for costs.--The Department of Children and Family

11  Services is responsible for all costs relating to the

12  evaluation and treatment of persons committed to the

13  department's custody as sexually violent predators. A county

14  is not obligated to fund costs for psychological examinations,

15  expert witnesses, court-appointed counsel, or other costs

16  required by ss. 916.30-916.49. Other costs for psychological

17  examinations, expert witnesses, and court-appointed counsel

18  required by ss. 916.30-916.49 shall be paid from state funds

19  appropriated by general law.

20         Section 23.  The Department of Children and Family

21  Services may contract with a private entity or state agency

22  for use of and operations of facilities to comply with the

23  requirements of this act. The Department of Children and

24  Family Services may also contract with the Correctional

25  Privatization Commission as defined in chapter 957 to issue a

26  request for proposals and monitor contract compliance for

27  these services.

28         Section 24.  There is hereby appropriated from the

29  General Revenue Fund in a lump sum to the Department of

30  Children and Family Services the sum of $3,400,000 and 50

31  full-time equivalent positions, and from the Grants and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1  Donations Trust Fund, $1,500,000 to the Department of

 2  Corrections for the purpose of carrying out the provisions of

 3  this act.  From the funds appropriated to the Department of

 4  Children and Family Services, the department shall, at the

 5  counties' request, reimburse counties for the cost of no more

 6  than one examination of each person subject to this act,

 7  provided that the department's reimbursement for each

 8  examination shall not exceed the cost to the department for

 9  examinations that it conducts of such persons.

10         Section 25.  This act shall take effect January 1,

11  1999.

12

13

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

15  And the title is amended as follows:

16          Delete everything before the enacting clause

17

18  and insert:

19         An act relating to sexually violent predators;

20         requesting that the Division of Statutory

21         Revision redesignate ch. 916, F.S.; amending s.

22         916.10, F.S.; providing a short title; creating

23         s. 916.30, F.S.; providing a short title;

24         creating s. 916.31, F.S.; providing legislative

25         findings and intent; creating s. 916.32, F.S.;

26         defining terms; creating s. 916.33, F.S.;

27         requiring notice of release from custody of a

28         person alleged to be a sexually violent

29         predator; providing for evaluation of such

30         person; providing for legal counsel to the

31         evaluation team; creating s. 916.34, F.S.;

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         providing for petition to have such person

 2         declared a sexually violent predator; creating

 3         s. 916.35, F.S.; providing for determination of

 4         probable cause, for hearings, and for taking

 5         such person into custody; creating s. 916.36,

 6         F.S.; providing for trial on the issue of

 7         whether such person is a sexually violent

 8         predator; creating s. 916.37, F.S.; providing

 9         for commitment of a person determined to be a

10         sexually violent predator; creating s. 916.38,

11         F.S.; requiring examinations of persons

12         committed; creating s. 916.39, F.S.; providing

13         for petitions for release; creating s. 916.40,

14         F.S.; authorizing petition for release;

15         creating s. 916.41, F.S.; providing for access

16         to certain records; creating s. 916.42, F.S.;

17         requiring detention and commitment to conform

18         to constitutional requirements; creating s.

19         916.43, F.S.; providing immunity from civil

20         liability; creating s. 916.44; providing

21         severability; creating s. 916.45, F.S.;

22         providing for retrospective and prospective

23         application; creating s. 916.46, F.S.;

24         providing for notice to victims; creating s.

25         916.47, F.S.; penalizing escape; creating s.

26         916.48, F.S.; authorizing subsistence fees and

27         costs; creating s. 916.49, F.S.; providing that

28         the Department of Children and Family Services

29         is responsible for costs; providing that other

30         costs for psychological evaluations, expert

31         witnesses, and court-appointed counsel are paid

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3327, 2nd Eng.

    Amendment No.    





 1         from state funds; authorizing the Department of

 2         Children and Family Services to contract for

 3         the use of and operations of facilities and for

 4         monitoring contract compliance; providing an

 5         appropriation; providing an effective date.

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

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29

30

31

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