CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-38 Bill No. HB 455
Amendment No. 2 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Warner offered the following:
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13 Amendment (with title amendment)
14 On page 1........., line(s) 18........, through page 2,
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16 remove from the bill:
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18 and insert in lieu thereof:
19 Section 1. Paragraphs (d), (f), (g), (h), and (i) of
20 subsection (7) of section 39.059, Florida Statutes, are
21 amended to read:
22 39.059 Community control or commitment of children
23 prosecuted as adults.--
24 (7)
25 (d) Any sentence imposing decision to impose adult
26 sanctions must be in writing, but is presumed appropriate, and
27 the court is not required to set forth specific findings or
28 enumerate the criteria in this subsection as any basis for its
29 decision to impose adult sanctions.
30 (f) After appropriate sanctions for the offense are
31 determined, the court shall develop, approve, and order a plan
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File original & 9 copies 03/04/97
hbd0016 09:10 am 00455-0082-503203
HOUSE AMENDMENT
hbd-38 Bill No. HB 455
Amendment No. 2 (for drafter's use only)
1 of community control. The community control plan shall contain
2 rules, requirements, conditions, and programs designed to
3 encourage responsible and acceptable behavior and to promote
4 the rehabilitation of the child and the protection of the
5 community.
6 (f)(g) The court may receive and consider any other
7 relevant and material evidence, including other reports,
8 written or oral, in its effort to determine the action to be
9 taken with regard to the child, and may rely upon such
10 evidence to the extent of its probative value even if the
11 evidence would not be competent in an adjudicatory hearing.
12 (f)(h) The court shall notify any victim of the
13 offense of the hearing and shall notify, or subpoena if
14 appropriate, the parents, guardians, or legal custodians of
15 the child to attend the disposition hearing.
16 (h)(i) Upon completion of the predisposition report,
17 it must be made available to the child's counsel and the state
18 attorney by the department prior to the disposition hearing.
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20 It is the intent of the Legislature that the criteria and
21 guidelines in this subsection are mandatory and that a
22 determination of disposition under this subsection is subject
23 to the right of the child to appellate review under s. 39.069.
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27 And the title is amended as follows:
28 On page 1........., between line(s) 5 and 6...,
29 remove from the title of the bill:
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31 and insert in lieu thereof:
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File original & 9 copies 03/04/97
hbd0016 09:10 am 00455-0082-503203
HOUSE AMENDMENT
hbd-38 Bill No. HB 455
Amendment No. 2 (for drafter's use only)
1 removing provision relating to court-ordered
2 plan of community control;
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File original & 9 copies 03/04/97
hbd0016 09:10 am 00455-0082-503203