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.