Bill Text: FL S1170 | 2015 | Regular Session | Comm Sub
Bill Title: Defendants in Specialized Courts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1069 (Ch. 2015-178) [S1170 Detail]
Download: Florida-2015-S1170-Comm_Sub.html
Florida Senate - 2015 CS for SB 1170 By the Committee on Fiscal Policy; and Senator Bradley 594-04429-15 20151170c1 1 A bill to be entitled 2 An act relating to defendants in specialized courts; 3 amending s. 910.035, F.S.; providing a definition; 4 requiring a trial court to transfer certain criminal 5 cases involving participants in specified programs to 6 another jurisdiction having such a program under 7 certain conditions; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (5) of section 910.035, Florida 12 Statutes, is amended to read: 13 910.035 Transfer from county for plea,andsentence, or 14 participation in a problem-solving court.— 15 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 16 (a) For purposes of this subsection, the term “problem 17 solving court” means a drug court pursuant to s. 948.01, s. 18 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans’ court 19 pursuant to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; or 20 a mental health court. 21 (b) Any person eligible for participation in a problem 22 solvingdrugcourt shall, upon request by the person or a court, 23treatment program pursuant to s. 948.08(6) may be eligible to24 have the case transferred to a county other than that in which 25 the charge arose if the person agrees to the transfer,the drug26court program agrees and if the following conditions are met:27(a)the authorized representative of the trialdrugcourt 28 consultsprogram of the county requesting to transfer the case29shall consultwith the authorized representative of the problem 30 solvingdrugcourtprogramin the county to which transfer is 31 desired, and both representatives agree to the transfer. 32 (c)(b)If all parties agree to the transfer as required by 33 paragraph (b),approval for transfer is received from all34parties,the trial court shallaccept a plea of nolo contendere35andenter a transfer order directing the clerk to transfer the 36 case to the county which has accepted the defendant into its 37 problem-solvingdrugcourtprogram. 38 (d)1.(c)When transferring a pretrial problem-solving court 39 case, the transfer order shall include a copy of the probable 40 cause affidavit; any charging documents in the case; all 41 reports, witness statements, test results, evidence lists, and 42 other documents in the case; the defendant’s mailing address and 43 telephonephonenumber; and the defendant’s written consent to 44 abide by the rules and procedures of the receiving county’s 45 problem-solvingdrugcourtprogram. 46 2. When transferring a postadjudicatory problem-solving 47 court case, the transfer order shall include a copy of the 48 charging documents in the case; the final disposition; all 49 reports, test results, and other documents in the case; the 50 defendant’s mailing address and telephone number; and the 51 defendant’s written consent to abide by the rules and procedures 52 of the receiving county’s problem-solving court. 53 (e)(d)After the transfer takes place, the receiving clerk 54 shall set the matter for a hearing before the problem-solving 55drugcourt in the receiving jurisdiction toprogram judge and56the court shallensure the defendant’s entry into the problem 57 solvingdrugcourtprogram. 58 (f)(e)Upon successful completion of the problem-solving 59drugcourt program, the jurisdiction to which the case has been 60 transferred shall dispose of the casepursuant to s. 948.08(6). 61 If the defendant does not complete the problem-solvingdrug62 court program successfully, the jurisdiction to which the case 63 has been transferred shall dispose of the case within the 64 guidelines of the Criminal Punishment Code. 65 Section 2. This act shall take effect July 1, 2015.