Florida Senate - 2019 CS for CS for SB 656
By the Committees on Appropriations; and Judiciary; and Senator
Baxley
576-04602-19 2019656c2
1 A bill to be entitled
2 An act relating to state court system administration;
3 amending ss. 25.386 and 44.106, F.S.; requiring
4 security background investigations for foreign
5 language court interpreters and mediators,
6 respectively; amending s. 61.125, F.S.; defining
7 terms; revising qualifications for parenting
8 coordinators; revising factors that disqualify a
9 person from being appointed as a parenting
10 coordinator; revising the confidentiality of
11 communications during parenting coordination sessions;
12 authorizing disclosure of certain testimony or
13 evidence in certain circumstances; providing immunity
14 for certain persons; requiring the Supreme Court to
15 establish standards and procedures relating to
16 parenting coordinators; authorizing the office to
17 appoint or employ certain persons to assist in
18 specified duties; amending s. 121.052, F.S.; modifying
19 provisions authorizing justices or judges to purchase
20 additional service credit in the Florida Retirement
21 System under certain circumstances to conform to the
22 revisions made to the mandatory judicial retirement
23 age established in s. 8, Art. V of the State
24 Constitution; amending s. 812.014, F.S.; authorizing
25 electronic records of certain judgments; amending s.
26 921.241, F.S.; defining the terms “electronic
27 signature” and “transaction control number”;
28 authorizing electronic records of certain judgments;
29 requiring that fingerprints be electronically captured
30 under certain circumstances; providing forms; amending
31 s. 921.242, F.S.; authorizing electronic records of
32 certain judgments; reenacting s. 775.084(3)(a), (b),
33 and (c), F.S., relating to fingerprinting a defendant
34 for the purpose of identification, to incorporate the
35 amendments made by the act; providing an effective
36 date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 25.386, Florida Statutes, is amended to
41 read:
42 25.386 Foreign language court interpreters.—
43 (1) The Supreme Court shall establish minimum standards and
44 procedures for qualifications, certification, professional
45 conduct, discipline, and training of foreign language court
46 interpreters who are appointed by a court of competent
47 jurisdiction. The Supreme Court shall set fees to be charged to
48 applicants for certification and renewal of certification as a
49 foreign language court interpreter. The revenues generated from
50 such fees shall be used to offset the costs of administration of
51 the certification program and shall be deposited into the
52 Administrative Trust Fund within the state courts system. The
53 Supreme Court may appoint or employ such personnel as are
54 necessary to assist the court in administering this section.
55 (2) An applicant for certification as a foreign language
56 court interpreter shall undergo a security background
57 investigation, which includes, but is not limited to, submitting
58 a full set of fingerprints to the Department of Law Enforcement
59 or to a vendor, entity, or agency authorized by s. 943.053. The
60 vendor, entity, or agency shall forward the fingerprints to the
61 department for state processing, and the department shall
62 forward the fingerprints to the Federal Bureau of Investigation
63 for national processing. Any vendor fee and state and federal
64 processing fees shall be borne by the applicant. For records
65 provided to a person or entity other than those excepted
66 therein, the cost for state fingerprint processing is the fee
67 authorized in s. 943.053(3)(e).
68 Section 2. Section 44.106, Florida Statutes, is amended to
69 read:
70 44.106 Standards and procedures for mediators and
71 arbitrators; fees.—
72 (1) The Supreme Court shall establish minimum standards and
73 procedures for qualifications, certification, professional
74 conduct, discipline, and training for mediators and arbitrators
75 who are appointed pursuant to this chapter. The Supreme Court is
76 authorized to set fees to be charged to applicants for
77 certification and renewal of certification. The revenues
78 generated from these fees shall be used to offset the costs of
79 administration of the certification process. The Supreme Court
80 may appoint or employ such personnel as are necessary to assist
81 the court in exercising its powers and performing its duties
82 under this chapter.
83 (2) An applicant for certification as a mediator shall
84 undergo a security background investigation, which includes, but
85 is not limited to, submitting a full set of fingerprints to the
86 Department of Law Enforcement or to a vendor, entity, or agency
87 authorized by s. 943.053. The vendor, entity, or agency shall
88 forward the fingerprints to the department for state processing,
89 and the department shall forward the fingerprints to the Federal
90 Bureau of Investigation for national processing. Any vendor fee
91 and state and federal processing fees shall be borne by the
92 applicant. For records provided to a person or entity other than
93 those excepted therein, the cost for state fingerprint
94 processing is the fee authorized in s. 943.053(3)(e).
95 Section 3. Present subsections (1) through (9) of section
96 61.125, Florida Statutes, are redesignated as subsections (2)
97 through (10), respectively, a new subsection (1) and subsection
98 (11) are added, and present subsections (4), (5), (7), and (9)
99 of that section are amended, to read:
100 61.125 Parenting coordination.—
101 (1) DEFINITIONS.—As used in this section, the term:
102 (a) “Communication” means an oral or written statement, or
103 nonverbal conduct intended to make an assertion, by or to a
104 parenting coordinator, a participant, or a party made during
105 parenting coordination, or before parenting coordination if made
106 in furtherance of the parenting coordination process. The term
107 does not include the commission of a crime during parenting
108 coordination.
109 (b) “Office” means the Office of the State Courts
110 Administrator.
111 (c) “Participant” means any individual involved in the
112 parenting coordination process, other than the parenting
113 coordinator and the named parties, who takes part in an event in
114 person or by telephone, videoconference, or other electronic
115 means.
116 (d) “Parenting coordination” means a nonadversarial dispute
117 resolution process that is court-ordered or agreed upon by the
118 parties.
119 (e) “Parenting coordinator” means an impartial third party
120 appointed by the court or agreed to by the parties whose role is
121 to assist the parties in successfully creating or implementing a
122 parenting plan.
123 (f) “Parenting Coordinator Review Board” means the board
124 appointed by the Chief Justice of the Florida Supreme Court to
125 consider complaints against qualified and court-appointed
126 parenting coordinators.
127 (g) “Party” means a person participating directly, or
128 through a designated representative, in parenting coordination.
129 (5)(4) QUALIFICATIONS OF A PARENTING COORDINATOR.—A
130 parenting coordinator is an impartial third person whose role is
131 to assist the parents in successfully creating or implementing a
132 parenting plan. Unless there is a written agreement between the
133 parties, the court may appoint only a qualified parenting
134 coordinator.
135 (a) To be qualified, a parenting coordinator must:
136 1. Meet one of the following professional requirements:
137 a. Be licensed as a mental health professional under
138 chapter 490 or chapter 491.
139 b. Be licensed as a physician under chapter 458, with
140 certification by the American Board of Psychiatry and Neurology.
141 c. Be certified by the Florida Supreme Court as a family
142 law mediator, with at least a master’s degree in a mental health
143 field.
144 d. Be a member in good standing of The Florida Bar.
145 2. Complete all of the following:
146 a. Three years of postlicensure or postcertification
147 practice.
148 b. A family mediation training program certified by the
149 Florida Supreme Court.
150 c. A minimum of 24 hours of parenting coordination training
151 in parenting coordination concepts and ethics, family systems
152 theory and application, family dynamics in separation and
153 divorce, child and adolescent development, the parenting
154 coordination process, parenting coordination techniques, and
155 Florida family law and procedure, and a minimum of 4 hours of
156 training in domestic violence and child abuse which is related
157 to parenting coordination.
158 (b) The court may require additional qualifications to
159 address issues specific to the parties.
160 (c) A qualified parenting coordinator must be in good
161 standing, or in clear and active status, with his or her
162 respective licensing authority, certification board, or both, as
163 applicable.
164 (d) Unless there is a written agreement between the
165 parties, the court may appoint only a qualified parenting
166 coordinator.
167 (6)(5) DISQUALIFICATIONS OF PARENTING COORDINATOR.—
168 (a) The court may not appoint a person to serve as
169 parenting coordinator who, in any jurisdiction:
170 1. Has been convicted or had adjudication withheld on a
171 charge of child abuse, child neglect, domestic violence,
172 parental kidnapping, or interference with custody;
173 2. Has been found by a court in a child protection hearing
174 to have abused, neglected, or abandoned a child;
175 3. Has consented to an adjudication or a withholding of
176 adjudication on a petition for dependency; or
177 4. Is or has been a respondent in a final order or
178 injunction of protection against domestic violence; or.
179 5. Has been disqualified by the Parenting Coordinator
180 Review Board.
181 (b) A parenting coordinator must discontinue service as a
182 parenting coordinator and immediately report to the court and
183 the parties if any of the disqualifying circumstances described
184 in paragraph (a) occur, or if he or she no longer meets the
185 minimum qualifications in subsection (5)(4), and the court may
186 appoint another parenting coordinator.
187 (8)(7) CONFIDENTIALITY.—Except as otherwise provided in
188 this section, all communications made by, between, or among the
189 parties, participants, and the parenting coordinator during
190 parenting coordination sessions are confidential. The parenting
191 coordinator, participants, and each party designated in the
192 order appointing the coordinator may not testify or offer
193 evidence about communications made by, between, or among the
194 parties, participants, and the parenting coordinator during
195 parenting coordination sessions, except if:
196 (a) Necessary to identify, authenticate, confirm, or deny a
197 written agreement entered into by the parties during parenting
198 coordination;
199 (b) The testimony or evidence is necessary to identify an
200 issue for resolution by the court without otherwise disclosing
201 communications made by any party, participant, or the parenting
202 coordinator;
203 (c) The testimony or evidence is limited to the subject of
204 a party’s compliance with the order of referral to parenting
205 coordination, orders for psychological evaluation, counseling
206 ordered by the court or recommended by a health care provider,
207 or for substance abuse testing or treatment;
208 (d) The parenting coordinator reports that the case is no
209 longer appropriate for parenting coordination;
210 (e) The parenting coordinator is reporting that he or she
211 is unable or unwilling to continue to serve and that a successor
212 parenting coordinator should be appointed;
213 (f) The testimony or evidence is necessary pursuant to
214 paragraph (6)(b) (5)(b) or subsection (9) (8);
215 (g) The parenting coordinator is not qualified to address
216 or resolve certain issues in the case and a more qualified
217 coordinator should be appointed;
218 (h) The parties or participants agree that the testimony or
219 evidence may be permitted; or
220 (i) The testimony or evidence is necessary to protect any
221 person from future acts that would constitute domestic violence
222 under chapter 741; child abuse, neglect, or abandonment under
223 chapter 39; or abuse, neglect, or exploitation of an elderly or
224 disabled adult under chapter 825;.
225 (j) The testimony or evidence is offered to report, prove,
226 or disprove a violation of professional malpractice occurring
227 during the parenting coordination process, solely for the
228 purpose of the professional malpractice proceeding; or
229 (k) The testimony or evidence is offered to report, prove,
230 or disprove professional misconduct occurring during the
231 parental coordination proceeding, solely for the internal use of
232 the body conducting the investigation of the conduct.
233 (10)(9) IMMUNITY AND LIMITED LIMITATION ON LIABILITY.—
234 (a) A person appointed or employed to assist the Supreme
235 Court in performing its duties relating to disciplinary
236 proceedings involving parenting coordinators, including a member
237 of the Parenting Coordinator Review Board, is not liable for
238 civil damages for any act or omission arising from the
239 performance of his or her duties while acting within the scope
240 of his or her appointed function or job description unless such
241 person acted in bad faith or with malicious purpose.
242 (b) A parenting coordinator appointed by the court is not
243 liable for civil damages for any act or omission in the scope of
244 his or her duties under pursuant to an order of referral unless
245 such person acted in bad faith or with malicious purpose or in a
246 manner exhibiting wanton and willful disregard for the rights,
247 safety, or property of the parties.
248 (11) STANDARDS AND PROCEDURES.—The Supreme Court shall
249 establish minimum standards and procedures for the training,
250 ethical conduct, and discipline of parenting coordinators who
251 serve under this section. The office may appoint or employ
252 personnel as necessary to assist the court in exercising its
253 powers and performing its duties under this section.
254 Section 4. Subsection (4) of section 121.052, Florida
255 Statutes, is amended to read:
256 121.052 Membership class of elected officers.—
257 (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
258 TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
259 (a) A duly elected officer whose term of office was
260 shortened by legislative or judicial apportionment pursuant to
261 s. 16, Art. III of the State Constitution may, after the term of
262 office to which he or she was elected is completed, pay into the
263 Florida Retirement System Trust Fund the amount of contributions
264 that would have been made by the officer or the officer’s
265 employer on his or her behalf, plus 4 percent interest
266 compounded annually from the date he or she left office until
267 July 1, 1975, and 6.5 percent interest compounded annually
268 thereafter, and may receive service credit for the length of
269 time the officer would have served if such term had not been
270 shortened by apportionment.
271 (b) Any duly elected officer whose term of office was
272 shortened because the election at which he or she was elected
273 was delayed as a result of federal intervention under the
274 federal Voting Rights Act may, after the term of office to which
275 he or she was elected is completed, pay into the System Trust
276 Fund the amount of contributions that would have been made by
277 the employee or by the employer on his or her behalf for the
278 period of time the assumption of office was delayed, plus 4
279 percent interest compounded annually from the date he or she
280 assumed office until July 1, 1975, and 6.5 percent interest
281 compounded annually thereafter, and may receive service credit
282 for the length of time he or she would have served if such term
283 had not been shortened by delay of the election.
284 (c) For the purpose of this chapter, “creditable service”
285 includes the period from November 1972 to January 1973 which
286 would have been served by an elected county officer but for the
287 enactment of chapter 67-510, Laws of Florida, if the inclusion
288 of such period would provide any person affected with sufficient
289 creditable service to qualify for retirement benefits pursuant
290 to this chapter.
291 (d)1. Any justice or judge, or any retired justice or judge
292 who retired before July 1, 1993, who has attained the age of 70
293 years before July 1, 2019, and who was is prevented under s. 8,
294 Art. V of the State Constitution from completing his or her term
295 of office because of age may elect to purchase credit for all or
296 a portion of the months he or she would have served during the
297 remainder of the term of office; however, he or she may claim
298 those months only after the date the service would have
299 occurred. The justice or judge must pay into the Florida
300 Retirement System Trust Fund the amount of contributions that
301 would have been made by the employer on his or her behalf for
302 the period of time being claimed, plus 6.5 percent interest
303 thereon compounded each June 30 from the date he or she left
304 office, in order to receive service credit in this class for the
305 period of time being claimed. After the date the service would
306 have occurred, and upon payment of the required contributions,
307 the retirement benefit of a retired justice or judge shall be
308 adjusted prospectively to include the additional creditable
309 service; however, such adjustment may be made only once.
310 2. Any justice or judge who did does not seek retention or
311 election to a subsequent term of office because he or she was
312 would be prevented under s. 8, Art. V of the State Constitution
313 from completing such term of office upon attaining the age of 70
314 years may elect to purchase service credit for service as a
315 temporary judge as assigned by the court if the temporary
316 assignment immediately follows the last full term of office
317 served and the purchase is limited to the number of months of
318 service needed to vest retirement benefits. To receive
319 retirement credit for such temporary service beyond termination,
320 the justice or judge must pay into the Florida Retirement System
321 Trust Fund the amount of contributions that would have been made
322 by the justice or judge and the employer on his or her behalf
323 had he or she continued in office for the period of time being
324 claimed, plus 6.5 percent interest thereon compounded each June
325 30 from the date he or she left office.
326 Section 5. Paragraph (d) of subsection (3) of section
327 812.014, Florida Statutes, is amended to read:
328 812.014 Theft.—
329 (3)
330 (d)1. A Every judgment of guilty or not guilty of a petit
331 theft shall be in:
332 a. A written record that is writing, signed by the judge,
333 and recorded by the clerk of the circuit court; or
334 b. An electronic record that contains the judge’s
335 electronic signature as defined in s. 933.40 and is recorded by
336 the clerk of the circuit court.
337 2. At the time a defendant is found guilty of petit theft,
338 the judge shall cause the following to occur to be affixed to
339 every such written judgment of guilty of petit theft, in open
340 court and in the judge’s presence: of such judge
341 a. For a written judgment of guilty, the fingerprints of
342 the defendant against whom such judgment is rendered shall be
343 manually taken and. Such fingerprints shall be affixed beneath
344 the judge’s signature on the to such judgment. Beneath such
345 fingerprints shall be appended a certificate to the following
346 effect:
347 “I hereby certify that the above and foregoing fingerprints
348 on this judgment are the fingerprints of the defendant, ....,
349 and that they were placed thereon by said defendant in my
350 presence, in open court, this the .... day of ....,
351 ...(year)....”
352
353 Such certificate shall be signed by the judge, whose signature
354 thereto shall be followed by the word “Judge.”
355 b. For an electronic judgment of guilty, the fingerprints
356 of the defendant must be electronically captured and a
357 certificate must be issued as provided in s. 921.241(3)(b).
358 3.2. A Any such written or an electronic judgment of guilty
359 of a petit theft, or a certified copy thereof, is admissible in
360 evidence in the courts of this state as provided in s.
361 921.241(4) prima facie evidence that the fingerprints appearing
362 thereon and certified by the judge are the fingerprints of the
363 defendant against whom such judgment of guilty of a petit theft
364 was rendered.
365 Section 6. Section 921.241, Florida Statutes, is amended to
366 read:
367 921.241 Felony judgments; fingerprints and social security
368 number required in record.—
369 (1) As used in this section, the term:
370 (a) “Electronic signature” has the same meaning as in s.
371 933.40.
372 (b) “Transaction control number” means the unique
373 identifier comprised of numbers, letters, or other symbols for a
374 digital fingerprint record generated by the device used to
375 electronically capture the fingerprints At the time a defendant
376 is found guilty of a felony, the judge shall cause the
377 defendant’s fingerprints to be taken.
378 (2) A Every judgment of guilty or not guilty of a felony
379 shall be in:
380 (a) A written record that is writing, signed by the judge,
381 and recorded by the clerk of the court; or
382 (b) An electronic record that contains the judge’s
383 electronic signature and is recorded by the clerk of court.
384 (3) At the time a defendant is found guilty of a felony,
385 the judge shall cause the following to occur to be affixed to
386 every written judgment of guilty of a felony, in open court and,
387 in the judge’s presence: of such judge
388 (a) For a written judgment of guilty, and at the time the
389 judgment is rendered, the fingerprints of the defendant shall be
390 manually taken and against whom such judgment is rendered. Such
391 fingerprints shall be affixed beneath the judge’s signature on
392 the to such judgment. Beneath such fingerprints shall be
393 appended a certificate to the following effect:
394 “I hereby certify that the above and foregoing fingerprints
395 on this judgment are the fingerprints of the defendant, ....,
396 and that they were placed thereon by said defendant in my
397 presence, in open court, this the .... day of ....,
398 ...(year)....”
399 Such certificate shall be signed by the judge, whose signature
400 thereto shall be followed by the word “Judge.”
401 (b) For an electronic judgment of guilty, the fingerprints
402 of the defendant shall be electronically captured and the
403 following certificate shall be included in the electronic
404 judgment:
405 “I hereby certify that the digital fingerprint record
406 associated with Transaction Control Number .... contains the
407 fingerprints of the defendant, ...., which were electronically
408 captured from the defendant in my presence, in open court, this
409 the .... day of ...., ...(year)....”
410
411 The judge shall place his or her electronic signature, which
412 shall be followed by the word “Judge,” on the certificate.
413 (4)(3) A written or electronic Any such written judgment of
414 guilty of a felony, or a certified copy thereof, shall be
415 admissible in evidence in the several courts of this state as
416 prima facie evidence that the:
417 (a) Manual fingerprints appearing thereon and certified by
418 the judge as aforesaid are the fingerprints of the defendant
419 against whom the such judgment of guilty of a felony was
420 rendered.
421 (b) Digital fingerprint record associated with the
422 transaction control number specified in the judge’s certificate
423 contains the fingerprints of the defendant against whom the
424 judgment of guilty was rendered.
425 (5)(4) At the time the defendant’s fingerprints are
426 manually taken or electronically captured, the judge shall also
427 cause the defendant’s social security number to be taken. The
428 defendant’s social security number shall be specified in each
429 affixed to every written or electronic judgment of guilty of a
430 felony, in open court, in the presence of such judge, and at the
431 time the judgment is rendered. If the defendant is unable or
432 unwilling to provide his or her social security number, the
433 reason for its absence shall be specified in indicated on the
434 written or electronic judgment.
435 Section 7. Section 921.242, Florida Statutes, is amended to
436 read:
437 921.242 Subsequent offenses under chapter 796; method of
438 proof applicable.—
439 (1) A Every judgment of guilty with respect to any offense
440 governed by the provisions of chapter 796 shall be in:
441 (a) A written record that is writing, signed by the judge,
442 and recorded by the clerk of the circuit court; or
443 (b) An electronic record that contains the judge’s
444 electronic signature as defined in s. 933.40 and is recorded by
445 the clerk of circuit court.
446 (2) At the time a defendant is found guilty, the judge
447 shall cause the following to occur to be affixed to every such
448 written judgment of guilty, in open court and in the judge’s
449 presence: of such judge
450 (a) For a written judgment of guilty, the fingerprints of
451 the defendant against whom such judgment is rendered shall be
452 manually taken and. Such fingerprints shall be affixed beneath
453 the judge’s signature on the to any such judgment. Beneath such
454 fingerprints shall be appended a certificate to the following
455 effect:
456 “I hereby certify that the above and foregoing fingerprints are
457 of the defendant, ...(name)..., and that they were placed
458 thereon by said defendant in my presence, in open court, this
459 the .... day of ...., ...(year)....”
460
461 Such certificate shall be signed by the judge, whose signature
462 thereto shall be followed by the word “Judge.”
463 (b) For an electronic judgment of guilty, the fingerprints
464 of the defendant must be electronically captured and a
465 certificate must be issued as provided in s. 921.241(3)(b).
466 (3)(2) A Any such written or an electronic judgment of
467 guilty, or a certified copy thereof, shall be admissible in
468 evidence in the several courts of this state as provided in s.
469 921.241(4) prima facie evidence that the fingerprints appearing
470 thereon and certified by the judge as aforesaid are the
471 fingerprints of the defendant against whom such judgment of
472 guilty was rendered.
473 Section 8. For the purpose of incorporating the amendment
474 made by this act to section 921.241, Florida Statutes, in
475 references thereto, paragraphs (a), (b), and (c) of subsection
476 (3) of section 775.084, Florida Statutes, are reenacted to read:
477 775.084 Violent career criminals; habitual felony offenders
478 and habitual violent felony offenders; three-time violent felony
479 offenders; definitions; procedure; enhanced penalties or
480 mandatory minimum prison terms.—
481 (3)(a) In a separate proceeding, the court shall determine
482 if the defendant is a habitual felony offender or a habitual
483 violent felony offender. The procedure shall be as follows:
484 1. The court shall obtain and consider a presentence
485 investigation prior to the imposition of a sentence as a
486 habitual felony offender or a habitual violent felony offender.
487 2. Written notice shall be served on the defendant and the
488 defendant’s attorney a sufficient time prior to the entry of a
489 plea or prior to the imposition of sentence in order to allow
490 the preparation of a submission on behalf of the defendant.
491 3. Except as provided in subparagraph 1., all evidence
492 presented shall be presented in open court with full rights of
493 confrontation, cross-examination, and representation by counsel.
494 4. Each of the findings required as the basis for such
495 sentence shall be found to exist by a preponderance of the
496 evidence and shall be appealable to the extent normally
497 applicable to similar findings.
498 5. For the purpose of identification of a habitual felony
499 offender or a habitual violent felony offender, the court shall
500 fingerprint the defendant pursuant to s. 921.241.
501 6. For an offense committed on or after October 1, 1995, if
502 the state attorney pursues a habitual felony offender sanction
503 or a habitual violent felony offender sanction against the
504 defendant and the court, in a separate proceeding pursuant to
505 this paragraph, determines that the defendant meets the criteria
506 under subsection (1) for imposing such sanction, the court must
507 sentence the defendant as a habitual felony offender or a
508 habitual violent felony offender, subject to imprisonment
509 pursuant to this section unless the court finds that such
510 sentence is not necessary for the protection of the public. If
511 the court finds that it is not necessary for the protection of
512 the public to sentence the defendant as a habitual felony
513 offender or a habitual violent felony offender, the court shall
514 provide written reasons; a written transcript of orally stated
515 reasons is permissible, if filed by the court within 7 days
516 after the date of sentencing. Each month, the court shall submit
517 to the Office of Economic and Demographic Research of the
518 Legislature the written reasons or transcripts in each case in
519 which the court determines not to sentence a defendant as a
520 habitual felony offender or a habitual violent felony offender
521 as provided in this subparagraph.
522 (b) In a separate proceeding, the court shall determine if
523 the defendant is a three-time violent felony offender. The
524 procedure shall be as follows:
525 1. The court shall obtain and consider a presentence
526 investigation prior to the imposition of a sentence as a three
527 time violent felony offender.
528 2. Written notice shall be served on the defendant and the
529 defendant’s attorney a sufficient time prior to the entry of a
530 plea or prior to the imposition of sentence in order to allow
531 the preparation of a submission on behalf of the defendant.
532 3. Except as provided in subparagraph 1., all evidence
533 presented shall be presented in open court with full rights of
534 confrontation, cross-examination, and representation by counsel.
535 4. Each of the findings required as the basis for such
536 sentence shall be found to exist by a preponderance of the
537 evidence and shall be appealable to the extent normally
538 applicable to similar findings.
539 5. For the purpose of identification of a three-time
540 violent felony offender, the court shall fingerprint the
541 defendant pursuant to s. 921.241.
542 6. For an offense committed on or after the effective date
543 of this act, if the state attorney pursues a three-time violent
544 felony offender sanction against the defendant and the court, in
545 a separate proceeding pursuant to this paragraph, determines
546 that the defendant meets the criteria under subsection (1) for
547 imposing such sanction, the court must sentence the defendant as
548 a three-time violent felony offender, subject to imprisonment
549 pursuant to this section as provided in paragraph (4)(c).
550 (c) In a separate proceeding, the court shall determine
551 whether the defendant is a violent career criminal with respect
552 to a primary offense committed on or after October 1, 1995. The
553 procedure shall be as follows:
554 1. Written notice shall be served on the defendant and the
555 defendant’s attorney a sufficient time prior to the entry of a
556 plea or prior to the imposition of sentence in order to allow
557 the preparation of a submission on behalf of the defendant.
558 2. All evidence presented shall be presented in open court
559 with full rights of confrontation, cross-examination, and
560 representation by counsel.
561 3. Each of the findings required as the basis for such
562 sentence shall be found to exist by a preponderance of the
563 evidence and shall be appealable only as provided in paragraph
564 (d).
565 4. For the purpose of identification, the court shall
566 fingerprint the defendant pursuant to s. 921.241.
567 5. For an offense committed on or after October 1, 1995, if
568 the state attorney pursues a violent career criminal sanction
569 against the defendant and the court, in a separate proceeding
570 pursuant to this paragraph, determines that the defendant meets
571 the criteria under subsection (1) for imposing such sanction,
572 the court must sentence the defendant as a violent career
573 criminal, subject to imprisonment pursuant to this section
574 unless the court finds that such sentence is not necessary for
575 the protection of the public. If the court finds that it is not
576 necessary for the protection of the public to sentence the
577 defendant as a violent career criminal, the court shall provide
578 written reasons; a written transcript of orally stated reasons
579 is permissible, if filed by the court within 7 days after the
580 date of sentencing. Each month, the court shall submit to the
581 Office of Economic and Demographic Research of the Legislature
582 the written reasons or transcripts in each case in which the
583 court determines not to sentence a defendant as a violent career
584 criminal as provided in this subparagraph.
585 Section 9. This act shall take effect July 1, 2019.