Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 656
       
       
       
       
       
       
                                Ì8935521Î893552                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2019           .                                
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       The Committee on Appropriations (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.386, Florida Statutes, is amended to
    6  read:
    7         25.386 Foreign language court interpreters.—
    8         (1) The Supreme Court shall establish minimum standards and
    9  procedures for qualifications, certification, professional
   10  conduct, discipline, and training of foreign language court
   11  interpreters who are appointed by a court of competent
   12  jurisdiction. The Supreme Court shall set fees to be charged to
   13  applicants for certification and renewal of certification as a
   14  foreign language court interpreter. The revenues generated from
   15  such fees shall be used to offset the costs of administration of
   16  the certification program and shall be deposited into the
   17  Administrative Trust Fund within the state courts system. The
   18  Supreme Court may appoint or employ such personnel as are
   19  necessary to assist the court in administering this section.
   20         (2)An applicant for certification as a foreign language
   21  court interpreter shall undergo a security background
   22  investigation, which includes, but is not limited to, submitting
   23  a full set of fingerprints to the Department of Law Enforcement
   24  or to a vendor, entity, or agency authorized by s. 943.053. The
   25  vendor, entity, or agency shall forward the fingerprints to the
   26  department for state processing, and the department shall
   27  forward the fingerprints to the Federal Bureau of Investigation
   28  for national processing. Any vendor fee and state and federal
   29  processing fees shall be borne by the applicant. For records
   30  provided to a person or entity other than those excepted
   31  therein, the cost for state fingerprint processing is the fee
   32  authorized in s. 943.053(3)(e).
   33         Section 2. Section 44.106, Florida Statutes, is amended to
   34  read:
   35         44.106 Standards and procedures for mediators and
   36  arbitrators; fees.—
   37         (1) The Supreme Court shall establish minimum standards and
   38  procedures for qualifications, certification, professional
   39  conduct, discipline, and training for mediators and arbitrators
   40  who are appointed pursuant to this chapter. The Supreme Court is
   41  authorized to set fees to be charged to applicants for
   42  certification and renewal of certification. The revenues
   43  generated from these fees shall be used to offset the costs of
   44  administration of the certification process. The Supreme Court
   45  may appoint or employ such personnel as are necessary to assist
   46  the court in exercising its powers and performing its duties
   47  under this chapter.
   48         (2)An applicant for certification as a mediator shall
   49  undergo a security background investigation, which includes, but
   50  is not limited to, submitting a full set of fingerprints to the
   51  Department of Law Enforcement or to a vendor, entity, or agency
   52  authorized by s. 943.053. The vendor, entity, or agency shall
   53  forward the fingerprints to the department for state processing,
   54  and the department shall forward the fingerprints to the Federal
   55  Bureau of Investigation for national processing. Any vendor fee
   56  and state and federal processing fees shall be borne by the
   57  applicant. For records provided to a person or entity other than
   58  those excepted therein, the cost for state fingerprint
   59  processing is the fee authorized in s. 943.053(3)(e).
   60         Section 3. Present subsections (1) through (9) of section
   61  61.125, Florida Statutes, are redesignated as subsections (2)
   62  through (10), respectively, a new subsection (1) and subsection
   63  (11) are added, and present subsections (4), (5), (7), and (9)
   64  of that section are amended, to read:
   65         61.125 Parenting coordination.—
   66         (1)DEFINITIONS.—As used in this section, the term:
   67         (a)“Communication” means an oral or written statement, or
   68  nonverbal conduct intended to make an assertion, by or to a
   69  parenting coordinator, a participant, or a party made during
   70  parenting coordination, or before parenting coordination if made
   71  in furtherance of the parenting coordination process. The term
   72  does not include the commission of a crime during parenting
   73  coordination.
   74         (b)“Office” means the Office of the State Courts
   75  Administrator.
   76         (c)“Participant” means any individual involved in the
   77  parenting coordination process, other than the parenting
   78  coordinator and the named parties, who takes part in an event in
   79  person or by telephone, videoconference, or other electronic
   80  means.
   81         (d)“Parenting coordination” means a nonadversarial dispute
   82  resolution process that is court-ordered or agreed upon by the
   83  parties.
   84         (e)“Parenting coordinator” means an impartial third party
   85  appointed by the court or agreed to by the parties whose role is
   86  to assist the parties in successfully creating or implementing a
   87  parenting plan.
   88         (f)“Parenting Coordinator Review Board” means the board
   89  appointed by the Chief Justice of the Florida Supreme Court to
   90  consider complaints against qualified and court-appointed
   91  parenting coordinators.
   92         (g)“Party” means a person participating directly, or
   93  through a designated representative, in parenting coordination.
   94         (5)(4) QUALIFICATIONS OF A PARENTING COORDINATOR.—A
   95  parenting coordinator is an impartial third person whose role is
   96  to assist the parents in successfully creating or implementing a
   97  parenting plan. Unless there is a written agreement between the
   98  parties, the court may appoint only a qualified parenting
   99  coordinator.
  100         (a) To be qualified, a parenting coordinator must:
  101         1. Meet one of the following professional requirements:
  102         a. Be licensed as a mental health professional under
  103  chapter 490 or chapter 491.
  104         b. Be licensed as a physician under chapter 458, with
  105  certification by the American Board of Psychiatry and Neurology.
  106         c. Be certified by the Florida Supreme Court as a family
  107  law mediator, with at least a master’s degree in a mental health
  108  field.
  109         d. Be a member in good standing of The Florida Bar.
  110         2. Complete all of the following:
  111         a. Three years of postlicensure or postcertification
  112  practice.
  113         b. A family mediation training program certified by the
  114  Florida Supreme Court.
  115         c. A minimum of 24 hours of parenting coordination training
  116  in parenting coordination concepts and ethics, family systems
  117  theory and application, family dynamics in separation and
  118  divorce, child and adolescent development, the parenting
  119  coordination process, parenting coordination techniques, and
  120  Florida family law and procedure, and a minimum of 4 hours of
  121  training in domestic violence and child abuse which is related
  122  to parenting coordination.
  123         (b) The court may require additional qualifications to
  124  address issues specific to the parties.
  125         (c) A qualified parenting coordinator must be in good
  126  standing, or in clear and active status, with his or her
  127  respective licensing authority, certification board, or both, as
  128  applicable.
  129         (d)Unless there is a written agreement between the
  130  parties, the court may appoint only a qualified parenting
  131  coordinator.
  132         (6)(5) DISQUALIFICATIONS OF PARENTING COORDINATOR.—
  133         (a) The court may not appoint a person to serve as
  134  parenting coordinator who, in any jurisdiction:
  135         1. Has been convicted or had adjudication withheld on a
  136  charge of child abuse, child neglect, domestic violence,
  137  parental kidnapping, or interference with custody;
  138         2. Has been found by a court in a child protection hearing
  139  to have abused, neglected, or abandoned a child;
  140         3. Has consented to an adjudication or a withholding of
  141  adjudication on a petition for dependency; or
  142         4. Is or has been a respondent in a final order or
  143  injunction of protection against domestic violence; or.
  144         5.Has been disqualified by the Parenting Coordinator
  145  Review Board.
  146         (b) A parenting coordinator must discontinue service as a
  147  parenting coordinator and immediately report to the court and
  148  the parties if any of the disqualifying circumstances described
  149  in paragraph (a) occur, or if he or she no longer meets the
  150  minimum qualifications in subsection (5)(4), and the court may
  151  appoint another parenting coordinator.
  152         (8)(7) CONFIDENTIALITY.—Except as otherwise provided in
  153  this section, all communications made by, between, or among the
  154  parties, participants, and the parenting coordinator during
  155  parenting coordination sessions are confidential. The parenting
  156  coordinator, participants, and each party designated in the
  157  order appointing the coordinator may not testify or offer
  158  evidence about communications made by, between, or among the
  159  parties, participants, and the parenting coordinator during
  160  parenting coordination sessions, except if:
  161         (a) Necessary to identify, authenticate, confirm, or deny a
  162  written agreement entered into by the parties during parenting
  163  coordination;
  164         (b) The testimony or evidence is necessary to identify an
  165  issue for resolution by the court without otherwise disclosing
  166  communications made by any party, participant, or the parenting
  167  coordinator;
  168         (c) The testimony or evidence is limited to the subject of
  169  a party’s compliance with the order of referral to parenting
  170  coordination, orders for psychological evaluation, counseling
  171  ordered by the court or recommended by a health care provider,
  172  or for substance abuse testing or treatment;
  173         (d) The parenting coordinator reports that the case is no
  174  longer appropriate for parenting coordination;
  175         (e) The parenting coordinator is reporting that he or she
  176  is unable or unwilling to continue to serve and that a successor
  177  parenting coordinator should be appointed;
  178         (f) The testimony or evidence is necessary pursuant to
  179  paragraph (6)(b) (5)(b) or subsection (9) (8);
  180         (g) The parenting coordinator is not qualified to address
  181  or resolve certain issues in the case and a more qualified
  182  coordinator should be appointed;
  183         (h) The parties or participants agree that the testimony or
  184  evidence may be permitted; or
  185         (i) The testimony or evidence is necessary to protect any
  186  person from future acts that would constitute domestic violence
  187  under chapter 741; child abuse, neglect, or abandonment under
  188  chapter 39; or abuse, neglect, or exploitation of an elderly or
  189  disabled adult under chapter 825;.
  190         (j)The testimony or evidence is offered to report, prove,
  191  or disprove a violation of professional malpractice occurring
  192  during the parenting coordination process, solely for the
  193  purpose of the professional malpractice proceeding; or
  194         (k)The testimony or evidence is offered to report, prove,
  195  or disprove professional misconduct occurring during the
  196  parental coordination proceeding, solely for the internal use of
  197  the body conducting the investigation of the conduct.
  198         (10)(9)IMMUNITY AND LIMITED LIMITATION ON LIABILITY.—
  199         (a)A person appointed or employed to assist the Supreme
  200  Court in performing its duties relating to disciplinary
  201  proceedings involving parenting coordinators, including a member
  202  of the Parenting Coordinator Review Board, is not liable for
  203  civil damages for any act or omission arising from the
  204  performance of his or her duties while acting within the scope
  205  of his or her appointed function or job description unless such
  206  person acted in bad faith or with malicious purpose.
  207         (b) A parenting coordinator appointed by the court is not
  208  liable for civil damages for any act or omission in the scope of
  209  his or her duties under pursuant to an order of referral unless
  210  such person acted in bad faith or with malicious purpose or in a
  211  manner exhibiting wanton and willful disregard for the rights,
  212  safety, or property of the parties.
  213         (11)STANDARDS AND PROCEDURES.—The Supreme Court shall
  214  establish minimum standards and procedures for the training,
  215  ethical conduct, and discipline of parenting coordinators who
  216  serve under this section. The office may appoint or employ
  217  personnel as necessary to assist the court in exercising its
  218  powers and performing its duties under this section.
  219         Section 4. Subsection (4) of section 121.052, Florida
  220  Statutes, is amended to read:
  221         121.052 Membership class of elected officers.—
  222         (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
  223  TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
  224         (a) A duly elected officer whose term of office was
  225  shortened by legislative or judicial apportionment pursuant to
  226  s. 16, Art. III of the State Constitution may, after the term of
  227  office to which he or she was elected is completed, pay into the
  228  Florida Retirement System Trust Fund the amount of contributions
  229  that would have been made by the officer or the officer’s
  230  employer on his or her behalf, plus 4 percent interest
  231  compounded annually from the date he or she left office until
  232  July 1, 1975, and 6.5 percent interest compounded annually
  233  thereafter, and may receive service credit for the length of
  234  time the officer would have served if such term had not been
  235  shortened by apportionment.
  236         (b) Any duly elected officer whose term of office was
  237  shortened because the election at which he or she was elected
  238  was delayed as a result of federal intervention under the
  239  federal Voting Rights Act may, after the term of office to which
  240  he or she was elected is completed, pay into the System Trust
  241  Fund the amount of contributions that would have been made by
  242  the employee or by the employer on his or her behalf for the
  243  period of time the assumption of office was delayed, plus 4
  244  percent interest compounded annually from the date he or she
  245  assumed office until July 1, 1975, and 6.5 percent interest
  246  compounded annually thereafter, and may receive service credit
  247  for the length of time he or she would have served if such term
  248  had not been shortened by delay of the election.
  249         (c) For the purpose of this chapter, “creditable service”
  250  includes the period from November 1972 to January 1973 which
  251  would have been served by an elected county officer but for the
  252  enactment of chapter 67-510, Laws of Florida, if the inclusion
  253  of such period would provide any person affected with sufficient
  254  creditable service to qualify for retirement benefits pursuant
  255  to this chapter.
  256         (d)1. Any justice or judge, or any retired justice or judge
  257  who retired before July 1, 1993, who has attained the age of 70
  258  years before July 1, 2019, and who was is prevented under s. 8,
  259  Art. V of the State Constitution from completing his or her term
  260  of office because of age may elect to purchase credit for all or
  261  a portion of the months he or she would have served during the
  262  remainder of the term of office; however, he or she may claim
  263  those months only after the date the service would have
  264  occurred. The justice or judge must pay into the Florida
  265  Retirement System Trust Fund the amount of contributions that
  266  would have been made by the employer on his or her behalf for
  267  the period of time being claimed, plus 6.5 percent interest
  268  thereon compounded each June 30 from the date he or she left
  269  office, in order to receive service credit in this class for the
  270  period of time being claimed. After the date the service would
  271  have occurred, and upon payment of the required contributions,
  272  the retirement benefit of a retired justice or judge shall be
  273  adjusted prospectively to include the additional creditable
  274  service; however, such adjustment may be made only once.
  275         2. Any justice or judge who did does not seek retention or
  276  election to a subsequent term of office because he or she was
  277  would be prevented under s. 8, Art. V of the State Constitution
  278  from completing such term of office upon attaining the age of 70
  279  years may elect to purchase service credit for service as a
  280  temporary judge as assigned by the court if the temporary
  281  assignment immediately follows the last full term of office
  282  served and the purchase is limited to the number of months of
  283  service needed to vest retirement benefits. To receive
  284  retirement credit for such temporary service beyond termination,
  285  the justice or judge must pay into the Florida Retirement System
  286  Trust Fund the amount of contributions that would have been made
  287  by the justice or judge and the employer on his or her behalf
  288  had he or she continued in office for the period of time being
  289  claimed, plus 6.5 percent interest thereon compounded each June
  290  30 from the date he or she left office.
  291         Section 5. Paragraph (d) of subsection (3) of section
  292  812.014, Florida Statutes, is amended to read:
  293         812.014 Theft.—
  294         (3)
  295         (d)1. A Every judgment of guilty or not guilty of a petit
  296  theft shall be in:
  297         a.A written record that is writing, signed by the judge,
  298  and recorded by the clerk of the circuit court; or
  299         b.An electronic record that contains the judge’s
  300  electronic signature as defined in s. 933.40 and is recorded by
  301  the clerk of the circuit court.
  302         2.At the time a defendant is found guilty of petit theft,
  303  the judge shall cause the following to occur to be affixed to
  304  every such written judgment of guilty of petit theft, in open
  305  court and in the judge’s presence: of such judge
  306         a.For a written judgment of guilty, the fingerprints of
  307  the defendant against whom such judgment is rendered shall be
  308  manually taken and. Such fingerprints shall be affixed beneath
  309  the judge’s signature on the to such judgment. Beneath such
  310  fingerprints shall be appended a certificate to the following
  311  effect:
  312         “I hereby certify that the above and foregoing fingerprints
  313  on this judgment are the fingerprints of the defendant, ....,
  314  and that they were placed thereon by said defendant in my
  315  presence, in open court, this the .... day of ....,
  316  ...(year)....”
  317  
  318  Such certificate shall be signed by the judge, whose signature
  319  thereto shall be followed by the word “Judge.”
  320         b.For an electronic judgment of guilty, the fingerprints
  321  of the defendant must be electronically captured and a
  322  certificate must be issued as provided in s. 921.241(3)(b).
  323         3.2.A Any such written or an electronic judgment of guilty
  324  of a petit theft, or a certified copy thereof, is admissible in
  325  evidence in the courts of this state as provided in s.
  326  921.241(4) prima facie evidence that the fingerprints appearing
  327  thereon and certified by the judge are the fingerprints of the
  328  defendant against whom such judgment of guilty of a petit theft
  329  was rendered.
  330         Section 6. Section 921.241, Florida Statutes, is amended to
  331  read:
  332         921.241 Felony judgments; fingerprints and social security
  333  number required in record.—
  334         (1) As used in this section, the term:
  335         (a)“Electronic signature” has the same meaning as in s.
  336  933.40.
  337         (b)“Transaction control number” means the unique
  338  identifier comprised of numbers, letters, or other symbols for a
  339  digital fingerprint record generated by the device used to
  340  electronically capture the fingerprints At the time a defendant
  341  is found guilty of a felony, the judge shall cause the
  342  defendant’s fingerprints to be taken.
  343         (2) A Every judgment of guilty or not guilty of a felony
  344  shall be in:
  345         (a)A written record that is writing, signed by the judge,
  346  and recorded by the clerk of the court; or
  347         (b)An electronic record that contains the judge’s
  348  electronic signature and is recorded by the clerk of court.
  349         (3)At the time a defendant is found guilty of a felony,
  350  the judge shall cause the following to occur to be affixed to
  351  every written judgment of guilty of a felony, in open court and,
  352  in the judge’s presence: of such judge
  353         (a)For a written judgment of guilty, and at the time the
  354  judgment is rendered, the fingerprints of the defendant shall be
  355  manually taken and against whom such judgment is rendered. Such
  356  fingerprints shall be affixed beneath the judge’s signature on
  357  the to such judgment. Beneath such fingerprints shall be
  358  appended a certificate to the following effect:
  359         “I hereby certify that the above and foregoing fingerprints
  360  on this judgment are the fingerprints of the defendant, ....,
  361  and that they were placed thereon by said defendant in my
  362  presence, in open court, this the .... day of ....,
  363  ...(year)....”
  364  Such certificate shall be signed by the judge, whose signature
  365  thereto shall be followed by the word “Judge.”
  366         (b)For an electronic judgment of guilty, the fingerprints
  367  of the defendant shall be electronically captured and the
  368  following certificate shall be included in the electronic
  369  judgment:
  370         “I hereby certify that the digital fingerprint record
  371  associated with Transaction Control Number .... contains the
  372  fingerprints of the defendant, ...., which were electronically
  373  captured from the defendant in my presence, in open court, this
  374  the .... day of ...., ...(year)....”
  375  
  376  The judge shall place his or her electronic signature, which
  377  shall be followed by the word “Judge,” on the certificate.
  378         (4)(3)A written or electronic Any such written judgment of
  379  guilty of a felony, or a certified copy thereof, shall be
  380  admissible in evidence in the several courts of this state as
  381  prima facie evidence that the:
  382         (a)Manual fingerprints appearing thereon and certified by
  383  the judge as aforesaid are the fingerprints of the defendant
  384  against whom the such judgment of guilty of a felony was
  385  rendered.
  386         (b)Digital fingerprint record associated with the
  387  transaction control number specified in the judge’s certificate
  388  contains the fingerprints of the defendant against whom the
  389  judgment of guilty was rendered.
  390         (5)(4) At the time the defendant’s fingerprints are
  391  manually taken or electronically captured, the judge shall also
  392  cause the defendant’s social security number to be taken. The
  393  defendant’s social security number shall be specified in each
  394  affixed to every written or electronic judgment of guilty of a
  395  felony, in open court, in the presence of such judge, and at the
  396  time the judgment is rendered. If the defendant is unable or
  397  unwilling to provide his or her social security number, the
  398  reason for its absence shall be specified in indicated on the
  399  written or electronic judgment.
  400         Section 7. Section 921.242, Florida Statutes, is amended to
  401  read:
  402         921.242 Subsequent offenses under chapter 796; method of
  403  proof applicable.—
  404         (1) A Every judgment of guilty with respect to any offense
  405  governed by the provisions of chapter 796 shall be in:
  406         (a)A written record that is writing, signed by the judge,
  407  and recorded by the clerk of the circuit court; or
  408         (b)An electronic record that contains the judge’s
  409  electronic signature as defined in s. 933.40 and is recorded by
  410  the clerk of circuit court.
  411         (2)At the time a defendant is found guilty, the judge
  412  shall cause the following to occur to be affixed to every such
  413  written judgment of guilty, in open court and in the judge’s
  414  presence: of such judge
  415         (a)For a written judgment of guilty, the fingerprints of
  416  the defendant against whom such judgment is rendered shall be
  417  manually taken and. Such fingerprints shall be affixed beneath
  418  the judge’s signature on the to any such judgment. Beneath such
  419  fingerprints shall be appended a certificate to the following
  420  effect:
  421  “I hereby certify that the above and foregoing fingerprints are
  422  of the defendant, ...(name)..., and that they were placed
  423  thereon by said defendant in my presence, in open court, this
  424  the .... day of ...., ...(year)....”
  425  
  426  Such certificate shall be signed by the judge, whose signature
  427  thereto shall be followed by the word “Judge.”
  428         (b)For an electronic judgment of guilty, the fingerprints
  429  of the defendant must be electronically captured and a
  430  certificate must be issued as provided in s. 921.241(3)(b).
  431         (3)(2)A Any such written or an electronic judgment of
  432  guilty, or a certified copy thereof, shall be admissible in
  433  evidence in the several courts of this state as provided in s.
  434  921.241(4) prima facie evidence that the fingerprints appearing
  435  thereon and certified by the judge as aforesaid are the
  436  fingerprints of the defendant against whom such judgment of
  437  guilty was rendered.
  438         Section 8. For the purpose of incorporating the amendment
  439  made by this act to section 921.241, Florida Statutes, in
  440  references thereto, paragraphs (a), (b), and (c) of subsection
  441  (3) of section 775.084, Florida Statutes, are reenacted to read:
  442         775.084 Violent career criminals; habitual felony offenders
  443  and habitual violent felony offenders; three-time violent felony
  444  offenders; definitions; procedure; enhanced penalties or
  445  mandatory minimum prison terms.—
  446         (3)(a) In a separate proceeding, the court shall determine
  447  if the defendant is a habitual felony offender or a habitual
  448  violent felony offender. The procedure shall be as follows:
  449         1. The court shall obtain and consider a presentence
  450  investigation prior to the imposition of a sentence as a
  451  habitual felony offender or a habitual violent felony offender.
  452         2. Written notice shall be served on the defendant and the
  453  defendant’s attorney a sufficient time prior to the entry of a
  454  plea or prior to the imposition of sentence in order to allow
  455  the preparation of a submission on behalf of the defendant.
  456         3. Except as provided in subparagraph 1., all evidence
  457  presented shall be presented in open court with full rights of
  458  confrontation, cross-examination, and representation by counsel.
  459         4. Each of the findings required as the basis for such
  460  sentence shall be found to exist by a preponderance of the
  461  evidence and shall be appealable to the extent normally
  462  applicable to similar findings.
  463         5. For the purpose of identification of a habitual felony
  464  offender or a habitual violent felony offender, the court shall
  465  fingerprint the defendant pursuant to s. 921.241.
  466         6. For an offense committed on or after October 1, 1995, if
  467  the state attorney pursues a habitual felony offender sanction
  468  or a habitual violent felony offender sanction against the
  469  defendant and the court, in a separate proceeding pursuant to
  470  this paragraph, determines that the defendant meets the criteria
  471  under subsection (1) for imposing such sanction, the court must
  472  sentence the defendant as a habitual felony offender or a
  473  habitual violent felony offender, subject to imprisonment
  474  pursuant to this section unless the court finds that such
  475  sentence is not necessary for the protection of the public. If
  476  the court finds that it is not necessary for the protection of
  477  the public to sentence the defendant as a habitual felony
  478  offender or a habitual violent felony offender, the court shall
  479  provide written reasons; a written transcript of orally stated
  480  reasons is permissible, if filed by the court within 7 days
  481  after the date of sentencing. Each month, the court shall submit
  482  to the Office of Economic and Demographic Research of the
  483  Legislature the written reasons or transcripts in each case in
  484  which the court determines not to sentence a defendant as a
  485  habitual felony offender or a habitual violent felony offender
  486  as provided in this subparagraph.
  487         (b) In a separate proceeding, the court shall determine if
  488  the defendant is a three-time violent felony offender. The
  489  procedure shall be as follows:
  490         1. The court shall obtain and consider a presentence
  491  investigation prior to the imposition of a sentence as a three
  492  time violent felony offender.
  493         2. Written notice shall be served on the defendant and the
  494  defendant’s attorney a sufficient time prior to the entry of a
  495  plea or prior to the imposition of sentence in order to allow
  496  the preparation of a submission on behalf of the defendant.
  497         3. Except as provided in subparagraph 1., all evidence
  498  presented shall be presented in open court with full rights of
  499  confrontation, cross-examination, and representation by counsel.
  500         4. Each of the findings required as the basis for such
  501  sentence shall be found to exist by a preponderance of the
  502  evidence and shall be appealable to the extent normally
  503  applicable to similar findings.
  504         5. For the purpose of identification of a three-time
  505  violent felony offender, the court shall fingerprint the
  506  defendant pursuant to s. 921.241.
  507         6. For an offense committed on or after the effective date
  508  of this act, if the state attorney pursues a three-time violent
  509  felony offender sanction against the defendant and the court, in
  510  a separate proceeding pursuant to this paragraph, determines
  511  that the defendant meets the criteria under subsection (1) for
  512  imposing such sanction, the court must sentence the defendant as
  513  a three-time violent felony offender, subject to imprisonment
  514  pursuant to this section as provided in paragraph (4)(c).
  515         (c) In a separate proceeding, the court shall determine
  516  whether the defendant is a violent career criminal with respect
  517  to a primary offense committed on or after October 1, 1995. The
  518  procedure shall be as follows:
  519         1. Written notice shall be served on the defendant and the
  520  defendant’s attorney a sufficient time prior to the entry of a
  521  plea or prior to the imposition of sentence in order to allow
  522  the preparation of a submission on behalf of the defendant.
  523         2. All evidence presented shall be presented in open court
  524  with full rights of confrontation, cross-examination, and
  525  representation by counsel.
  526         3. Each of the findings required as the basis for such
  527  sentence shall be found to exist by a preponderance of the
  528  evidence and shall be appealable only as provided in paragraph
  529  (d).
  530         4. For the purpose of identification, the court shall
  531  fingerprint the defendant pursuant to s. 921.241.
  532         5. For an offense committed on or after October 1, 1995, if
  533  the state attorney pursues a violent career criminal sanction
  534  against the defendant and the court, in a separate proceeding
  535  pursuant to this paragraph, determines that the defendant meets
  536  the criteria under subsection (1) for imposing such sanction,
  537  the court must sentence the defendant as a violent career
  538  criminal, subject to imprisonment pursuant to this section
  539  unless the court finds that such sentence is not necessary for
  540  the protection of the public. If the court finds that it is not
  541  necessary for the protection of the public to sentence the
  542  defendant as a violent career criminal, the court shall provide
  543  written reasons; a written transcript of orally stated reasons
  544  is permissible, if filed by the court within 7 days after the
  545  date of sentencing. Each month, the court shall submit to the
  546  Office of Economic and Demographic Research of the Legislature
  547  the written reasons or transcripts in each case in which the
  548  court determines not to sentence a defendant as a violent career
  549  criminal as provided in this subparagraph.
  550         Section 9. This act shall take effect July 1, 2019.
  551  
  552  ================= T I T L E  A M E N D M E N T ================
  553  And the title is amended as follows:
  554         Delete everything before the enacting clause
  555  and insert:
  556                        A bill to be entitled                      
  557         An act relating to state court system administration;
  558         amending ss. 25.386 and 44.106, F.S.; requiring
  559         security background investigations for foreign
  560         language court interpreters and mediators,
  561         respectively; amending s. 61.125, F.S.; defining
  562         terms; revising qualifications for parenting
  563         coordinators; revising factors that disqualify a
  564         person from being appointed as a parenting
  565         coordinator; revising the confidentiality of
  566         communications during parenting coordination sessions;
  567         authorizing disclosure of certain testimony or
  568         evidence in certain circumstances; providing immunity
  569         for certain persons; requiring the Supreme Court to
  570         establish standards and procedures relating to
  571         parenting coordinators; authorizing the office to
  572         appoint or employ certain persons to assist in
  573         specified duties; amending s. 121.052, F.S.; modifying
  574         provisions authorizing justices or judges to purchase
  575         additional service credit in the Florida Retirement
  576         System under certain circumstances to conform to the
  577         revisions made to the mandatory judicial retirement
  578         age established in s. 8, Art. V of the State
  579         Constitution; amending s. 812.014, F.S.; authorizing
  580         electronic records of certain judgments; amending s.
  581         921.241, F.S.; defining the terms “electronic
  582         signature” and “transaction control number”;
  583         authorizing electronic records of certain judgments;
  584         requiring that fingerprints be electronically captured
  585         under certain circumstances; providing forms; amending
  586         s. 921.242, F.S.; authorizing electronic records of
  587         certain judgments; reenacting s. 775.084(3)(a), (b),
  588         and (c), F.S., relating to fingerprinting a defendant
  589         for the purpose of identification, to incorporate the
  590         amendments made by the act; providing an effective
  591         date.