1

The Committee on Children, Families, and Elder Affairs (Baker)

2

recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 116 and 117

6

insert:

7

     Section 1.  Paragraph (b) of subsection (1) of section

8

120.57, Florida Statutes, is amended to read:

9

     120.57  Additional procedures for particular cases.--

10

     (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING

11

DISPUTED ISSUES OF MATERIAL FACT.--

12

     (b)  All parties shall have an opportunity to respond, to

13

present evidence and argument on all issues involved, to conduct

14

cross-examination and submit rebuttal evidence, to submit

15

proposed findings of facts and orders, to file exceptions to the

16

presiding officer's recommended order, and to be represented by

17

counsel or other qualified representative. In proceedings for the

18

continued placement of inmates under s. 945.45, the

19

administrative law judge may appoint a private pro bono attorney

20

in the circuit in which the treatment facility is located to

21

represent the inmate. When appropriate, the general public may be

22

given an opportunity to present oral or written communications.

23

If the agency proposes to consider such material, then all

24

parties shall be given an opportunity to cross-examine or

25

challenge or rebut the material.

26

27

(Redesignate subsequent sections.)

28

29

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

30

And the title is amended as follows:

31

     On line 2, after the semicolon

32

insert:

33

amending s. 120.57, F.S.; allowing administrative law

34

judges to appoint private pro bono attorneys in the

35

continued placement hearings of inmates;

3/24/2008  4:01:00 PM     CJ.20.05638