Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1170
       
       
       
       
       
       
                                Ì231456-Î231456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2015           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 910.035, Florida
    6  Statutes, is amended to read:
    7         910.035 Transfer from county for plea, and sentence, or
    8  participation in a problem-solving court.—
    9         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
   10         (a) For purposes of this subsection, the term “problem
   11  solving court” means a drug court pursuant to s. 948.01, s.
   12  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans’ court
   13  pursuant to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; or
   14  a mental health court.
   15         (b) Any person eligible for participation in a problem
   16  solving drug court shall, upon request by the person or a court,
   17  treatment program pursuant to s. 948.08(6) may be eligible to
   18  have the case transferred to a county other than that in which
   19  the charge arose if the person agrees to the transfer, the drug
   20  court program agrees and if the following conditions are met:
   21         (a) the authorized representative of the trial drug court
   22  consults program of the county requesting to transfer the case
   23  shall consult with the authorized representative of the problem
   24  solving drug court program in the county to which transfer is
   25  desired, and both representatives agree to the transfer.
   26         (c)(b) If all parties agree to the transfer as required by
   27  paragraph (b), approval for transfer is received from all
   28  parties, the trial court shall accept a plea of nolo contendere
   29  and enter a transfer order directing the clerk to transfer the
   30  case to the county which has accepted the defendant into its
   31  problem-solving drug court program.
   32         (d)1.(c)When transferring a pretrial problem-solving court
   33  case, the transfer order shall include a copy of the probable
   34  cause affidavit; any charging documents in the case; all
   35  reports, witness statements, test results, evidence lists, and
   36  other documents in the case; the defendant’s mailing address and
   37  telephone phone number; and the defendant’s written consent to
   38  abide by the rules and procedures of the receiving county’s
   39  problem-solving drug court program.
   40         2. When transferring a postadjudicatory problem-solving
   41  court case, the transfer order shall include a copy of the
   42  charging documents in the case; the final disposition; all
   43  reports, test results, and other documents in the case; the
   44  defendant’s mailing address and telephone number; and the
   45  defendant’s written consent to abide by the rules and procedures
   46  of the receiving county’s problem-solving court.
   47         (e)(d) After the transfer takes place, the receiving clerk
   48  shall set the matter for a hearing before the problem-solving
   49  drug court in the receiving jurisdiction to program judge and
   50  the court shall ensure the defendant’s entry into the problem
   51  solving drug court program.
   52         (f)(e) Upon successful completion of the problem-solving
   53  drug court program, the jurisdiction to which the case has been
   54  transferred shall dispose of the case pursuant to s. 948.08(6).
   55  If the defendant does not complete the problem-solving drug
   56  court program successfully, the jurisdiction to which the case
   57  has been transferred shall dispose of the case within the
   58  guidelines of the Criminal Punishment Code.
   59         Section 2. This act shall take effect July 1, 2015.
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete everything before the enacting clause
   63  and insert:
   64                        A bill to be entitled                      
   65         An act relating to defendants in specialized courts;
   66         amending s. 910.035, F.S.; providing a definition;
   67         requiring a trial court to transfer certain criminal
   68         cases involving participants in specified programs to
   69         another jurisdiction having such a program under
   70         certain conditions; providing an effective date.