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





                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Klein moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 84, between lines 2 and 3,

15

16  insert:

17         Section 52.  Subsection (5) of section 216.136, Florida

18  Statutes, is amended to read:

19         216.136  Consensus estimating conferences; duties and

20  principals.--

21         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

22         (a)  Duties.--The Criminal Justice Estimating

23  Conference shall:

24         1.  Develop such official information relating to the

25  criminal justice system, including forecasts of prison

26  admissions by offense categories specified in Rule 3.701,

27  Florida Rules of Criminal Procedure, as the conference

28  determines is needed for the state planning and budgeting

29  system.

30         2.  Develop such official information relating to the

31  number of eligible discharges and the projected number of

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1  civil commitments for determining space needs pursuant to the

 2  civil proceedings provided under part V. of chapter 394.

 3         Section 53.  Section 216.1365, Florida Statutes is

 4  repealed.

 5         Section 54.  Section 960.07, Florida Statutes, is

 6  amended to read:

 7         960.07  Filing of claims for compensation.--

 8         (1)  A claim for compensation may be filed by a person

 9  eligible for compensation as provided in s. 960.065 or, if

10  such person is a minor, by his or her parent or guardian or,

11  if the person entitled to make a claim is mentally

12  incompetent, by the person's guardian or such other individual

13  authorized to administer his or her estate.

14         (2)  Except as provided in subsection (3), a claim must

15  be filed not later than 1 year after:

16         (a)  The occurrence of the crime upon which the claim

17  is based.

18         (b)  The death of the victim or intervenor.

19         (c)  The death of the victim or intervenor is

20  determined to be the result of a crime, and the crime occurred

21  after June 30, 1994.

22

23  However, for good cause the department may extend the time for

24  filing for a period not exceeding 2 years after such

25  occurrence.

26         (3)  Notwithstanding the provisions of subsection (2)

27  and regardless of when the crime occurred, if the victim or

28  intervenor was under the age of 18 at the time the crime upon

29  which the claim is based occurred, a claim may be filed in

30  accordance with this subsection.

31         (a)  The victim's or intervenor's parent or guardian

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1  may file a claim on behalf of the victim or intervenor while

 2  the victim or intervenor is less than 18 years of age; or

 3         (b)  When a victim or intervenor who was under the age

 4  of 18 at the time the crime occurred reaches the age of 18,

 5  the victim or intervenor has 1 year within which to file a

 6  claim.

 7

 8  For good cause, the department may extend the time period

 9  allowed for filing a claim under paragraph (b) for an

10  additional period not to exceed 1 year.

11         (4)  The provisions of subsection (2) notwithstanding,

12  and regardless of when the crime occurred, a victim of a

13  sexually violent offense as defined in s. 394.912, may file a

14  claim for compensation for counseling or other mental health

15  services within one year after the filing of a petition under

16  s. 394.914, to involuntarily civilly commit the individual who

17  perpetrated the sexually violent offense.

18         (5)(4)  Claims may be filed in the Tallahassee office

19  of the department in person or by mail.  Any employee of the

20  department receiving a claim for compensation shall,

21  immediately upon receipt of such claim, mail the claim to the

22  department at its office in Tallahassee.  In no event and

23  under no circumstances shall the rights of a claimant under

24  this chapter be prejudiced or lost by the failure or delay of

25  the employees of the department in mailing claims to the

26  department in Tallahassee.

27         (6)(5)  Upon filing of a claim pursuant to this

28  chapter, in which there is an identified offender, the

29  department shall promptly notify the state attorney of the

30  circuit wherein the crime is alleged to have occurred. If

31  within 10 days after such notification such state attorney

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1  advises the department that a criminal prosecution or

 2  delinquency petition is pending upon the same alleged crime

 3  and requests that action by the department be deferred, the

 4  department shall defer all proceedings under this chapter

 5  until such time as a trial verdict or delinquency adjudication

 6  has been rendered, and shall so notify such state attorney and

 7  claimant. When a trial verdict or delinquency adjudication has

 8  been rendered, such state attorney shall promptly notify the

 9  department. Nothing in this subsection shall limit the

10  authority of the department to grant emergency awards pursuant

11  to s. 960.12.

12         (7)(6)  The state attorney's office shall aid claimants

13  in the filing and processing of claims, as may be required.

14         Section 55.  Paragraph (e) of subsection (3) of section

15  394.913, Florida Statutes, is amended to read:

16         394.913  Notice to state attorney and multidisciplinary

17  team of release of sexually violent predator; establishing

18  multidisciplinary teams; information to be provided to

19  multidisciplinary teams.--

20         (3)

21         (e)  Within 90 45 days after receiving notice, there

22  shall be a written assessment as to whether the person meets

23  the definition of a sexually violent predator and a written

24  recommendation, which shall be provided to the state attorney.

25  The written recommendation shall be provided by the Department

26  of Children and Family Services and shall include the written

27  report of the multidisciplinary team.

28

29  The provisions of this section are not jurisdictional, and

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

31  attorney from proceeding against a person otherwise subject to

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1  the provisions of this part.

 2         Section 56.  Section 394.930, Florida Statutes, is

 3  amended to read:

 4         394.930  Authority to adopt rules.--The Department of

 5  Children and Family Services shall adopt rules for:

 6         (1)  Procedures that must be followed by members of the

 7  multidisciplinary teams when assessing and evaluating persons

 8  subject to this part;

 9         (2)  Education and training requirements for members of

10  the multidisciplinary teams and professionals who assess and

11  evaluate persons under this part;

12         (3)(2)  The criteria that must exist in order for a

13  multidisciplinary team to recommend to a state attorney that a

14  petition should be filed to involuntarily commit a person

15  under this part. The criteria shall include, but are not

16  limited to, whether:

17         (a)  The person has a propensity to engage in future

18  acts of sexual violence;

19         (b)  The person should be placed in a secure,

20  residential facility; and

21         (c)  The person needs long-term treatment and care.

22         (4)(3)  The designation of secure facilities for

23  sexually violent predators who are subject to involuntary

24  commitment under this part;

25         (5)(4)  The components of the basic treatment plan for

26  all committed persons under this part;

27         (6)(5)  The protocol to inform a person that he or she

28  is being examined to determine whether he or she is a sexually

29  violent predator under this part.

30         Section 57.  Section 394.931, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1         394.931  Quarterly reports.--Beginning July 1, 1999,

 2  the Department of Corrections shall collect information and

 3  compile quarterly reports with statistics profiling inmates

 4  released the previous quarter who fit the criteria and were

 5  referred to the Department of Children and Family Services

 6  pursuant to this act. The quarterly reports must be produced

 7  beginning October 1, 1999. At a minimum, the information that

 8  must be collected and compiled for inclusion in the reports

 9  includes: whether the qualifying offense was the current

10  offense or the prior offense; the most serious sexual offense;

11  the total number of distinct victims of the sexual offense;

12  whether the victim was known to the offender; whether the

13  sexual act was consensual; whether the sexual act involved

14  multiple victims; whether direct violence was involved in the

15  sexual offense; the age of each victim at the time of the

16  offense; the age of the offender at the time of the first

17  sexual offense; whether a weapon was used; length of time

18  since the most recent sexual offense; and the total number of

19  prior and current sexual-offense convictions. In addition, the

20  Department of Children and Family Services shall implement a

21  long-term study to determine the overall efficacy of the

22  provisions of this part.

23

24  (Redesignate subsequent sections.)

25

26

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

28  And the title is amended as follows:

29         On page 5, line 7, after the semicolon,

30

31  insert:

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No.    





 1         repealing s. 216.1365, F.S.; requiring the

 2         Criminal Justice Estimating Conference to

 3         project future bed needs and other program

 4         needs for sexually violent predators; amending

 5         s. 216.136, F.S.; requiring the Criminal

 6         Justice Estimating Conference to project future

 7         bed needs and other program needs for sexually

 8         violent predators; amending s. 960.07, F.S.;

 9         expanding the time within which a victim of an

10         offense committed by a sexually violent

11         predator may apply for compensation from the

12         Crimes Compensation Trust Fund; amending s.

13         394.913, F.S.; increasing the period of time

14         for the multidisciplinary team to determine if

15         an offender is a sexually violent predator;

16         amending s. 394.930, F.S.; requiring the

17         Department of Children and Family Services to

18         adopt rules for education and training for

19         members of multidisciplinary teams and other

20         professionals who evaluate sexually violent

21         predators; amending s. 394.931, F.S.; requiring

22         the Department of Children and Family Services

23         to implement a long-term study to determine the

24         effectiveness of involuntary civil commitment

25         of sexually violent predators;

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