Bill Text: FL S0656 | 2019 | Regular Session | Comm Sub


Bill Title: State Court System Administration

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/HB 7081 (Ch. 2019-98) [S0656 Detail]

Download: Florida-2019-S0656-Comm_Sub.html
       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.

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