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
                                   .
                                   .
  1                                 .
                                   .
  2                                 .
                                   .
  3                                 .
                                   .
  4                                                                

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10                                                                

11  Representative(s) Warner offered the following:

12

13         Amendment (with title amendment) 

14         On page 1........., line(s) 18........, through page 2,

15  line 2,

16  remove from the bill:

17

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

                                  1

    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.

19

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.

24

25

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

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:

30

31  and insert in lieu thereof:

                                  2

    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;

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

    File original & 9 copies    03/04/97
    hbd0016                     09:10 am         00455-0082-503203