| 10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to criminal conflict and civil 2 |
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| 16 | 16 | | regional counsels; amending s. 27.0065, F.S.; 3 |
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| 17 | 17 | | specifying the responsibilities of regional counsels 4 |
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| 18 | 18 | | regarding witness coordination; amending s. 27.341, 5 |
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| 19 | 19 | | F.S.; revising legislative intent regarding electronic 6 |
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| 20 | 20 | | filing and receipt of court documents; amending s. 7 |
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| 21 | 21 | | 27.511, F.S.; removing the requirement that regional 8 |
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| 22 | 22 | | counsel employees be governed by Justice 9 |
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| 23 | 23 | | Administrative Commission classification and salary 10 |
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| 24 | 24 | | and benefits plans; modifying procedures for the 11 |
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| 25 | 25 | | Supreme Court Judicial Nominating Commission to 12 |
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| 26 | 26 | | nominate candidates to the Governor for regional 13 |
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| 27 | 27 | | counsel positions; specifying that the nomination and 14 |
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| 28 | 28 | | appointment process applies retroactively; prohibiting 15 |
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| 29 | 29 | | the court from appointing a regional counsel to 16 |
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| 30 | 30 | | represent a defendant who has retained private 17 |
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| 31 | 31 | | counsel; specifying requirements for the manner of 18 |
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| 32 | 32 | | access to court facilities for regional counsels; 19 |
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| 33 | 33 | | amending s. 27.53, F.S.; revising requirements for the 20 |
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| 34 | 34 | | classification and pay plan developed by the regional 21 |
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| 35 | 35 | | counsels; amending s. 39.0132, F.S.; authorizing the 22 |
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| 36 | 36 | | release of certain confidential information relating 23 |
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| 37 | 37 | | to proceedings involving children to regional counsels 24 |
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| 38 | 38 | | under specified circumstances; amending s. 92.153, 25 |
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| 39 | 39 | | |
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| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | F.S.; providing a limitation on costs for documents 26 |
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| 52 | 52 | | produced in response to a subpoena or records request 27 |
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| 53 | 53 | | by a regional counsel; amending s. 112.19, F.S.; 28 |
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| 54 | 54 | | revising the definition of the term "law enforcement, 29 |
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| 55 | 55 | | correctional, or correctional probation officer" to 30 |
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| 56 | 56 | | include regional counsel investigators for purposes o f 31 |
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| 57 | 57 | | eligibility for certain death benefits; amending s. 32 |
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| 58 | 58 | | 320.025, F.S.; authorizing criminal conflict and civil 33 |
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| 59 | 59 | | regional counsel offices to obtain fictitious names 34 |
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| 60 | 60 | | for motor vehicle and vessel plates or decals; 35 |
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| 61 | 61 | | amending s. 393.12, F.S.; waiving an education 36 |
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| 62 | 62 | | requirement for the appointment of attorneys from 37 |
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| 63 | 63 | | regional counsel offices to represent a person with a 38 |
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| 64 | 64 | | developmental disability; amending s. 394.916, F.S.; 39 |
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| 65 | 65 | | requiring a court to appoint a regional counsel or 40 |
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| 66 | 66 | | other counsel to represent an allegedly sexually 41 |
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| 67 | 67 | | violent predator in the event of a conflict; amending 42 |
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| 68 | 68 | | s. 744.331, F.S.; waiving a certain training 43 |
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| 69 | 69 | | requirement for the appointment of attorneys from 44 |
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| 70 | 70 | | regional counsel offices to represent an alleged 45 |
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| 71 | 71 | | incapacitated person; amending s. 943.053, F.S.; 46 |
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| 72 | 72 | | specifying that a regional counsel may not be charged 47 |
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| 73 | 73 | | a fee for accessing certain criminal justice 48 |
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| 74 | 74 | | information; requiring the Department of Law 49 |
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| 75 | 75 | | Enforcement to provide regional counsels online access 50 |
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| 76 | 76 | | |
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| 96 | | - | whom they represent; reenacting s. 110.123(4)(e), 59 |
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| 97 | | - | F.S.; relating to the payment of health insurance 60 |
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| 98 | | - | premiums by state agencies for certain employees and 61 |
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| 99 | | - | surviving spouses, to incorporate the amendment made 62 |
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| 100 | | - | to s. 112.19, F.S., in a reference thereto; reenacting 63 |
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| 101 | | - | s. 112.1912(1), F.S., relating to death benefits for 64 |
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| 102 | | - | educational expenses for survivors of first 65 |
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| 103 | | - | responders, to incorporate the amendment made to s. 66 |
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| 104 | | - | 112.19, F.S., in a reference thereto; providing an 67 |
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| 105 | | - | effective date. 68 |
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| 106 | | - | 69 |
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| 107 | | - | Be It Enacted by the Legislature of the State of Florida: 70 |
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| 108 | | - | 71 |
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| 109 | | - | Section 1. Section 27.0065, Florida Statutes, is amended 72 |
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| 110 | | - | to read: 73 |
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| 111 | | - | 27.0065 Witness coordination. —Each state attorney, and 74 |
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| 112 | | - | public defender, and criminal conflict and civil regional 75 |
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| 96 | + | whom they represent; providing an effective date. 59 |
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| 97 | + | 60 |
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| 98 | + | Be It Enacted by the Legislature of the State of Florida: 61 |
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| 99 | + | 62 |
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| 100 | + | Section 1. Section 27.0065, Florida Statutes, i s amended 63 |
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| 101 | + | to read: 64 |
|---|
| 102 | + | 27.0065 Witness coordination. —Each state attorney, and 65 |
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| 103 | + | public defender, and criminal conflict and civil regional 66 |
|---|
| 104 | + | counsel is shall be responsible for: 67 |
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| 105 | + | (1) Coordinating court appearances, including pretrial 68 |
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| 106 | + | conferences and depositions, for all witnesses who are 69 |
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| 107 | + | subpoenaed in criminal cases, including law enforcement 70 |
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| 108 | + | personnel. 71 |
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| 109 | + | (2) Contacting witnesses and securing information 72 |
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| 110 | + | necessary to place a witness on an on -call status with regard to 73 |
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| 111 | + | his or her court appearance. 74 |
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| 112 | + | (3) Contacting witnesses to advise them not to report to 75 |
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| 125 | | - | counsel is shall be responsible for: 76 |
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| 126 | | - | (1) Coordinating court appearances, including pretrial 77 |
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| 127 | | - | conferences and depositions, for all witnesses who are 78 |
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| 128 | | - | subpoenaed in criminal cases, including law enforcement 79 |
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| 129 | | - | personnel. 80 |
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| 130 | | - | (2) Contacting witnesses and securing information 81 |
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| 131 | | - | necessary to place a witness on an on -call status with regard to 82 |
|---|
| 132 | | - | his or her court appearance. 83 |
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| 133 | | - | (3) Contacting witnesses to advise them not to report to 84 |
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| 134 | | - | court in the event the case for which they h ave been subpoenaed 85 |
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| 135 | | - | has been continued or has had a plea entered, or in the event 86 |
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| 136 | | - | there is any other reason why their attendance is not required 87 |
|---|
| 137 | | - | on the dates they have been ordered to report. 88 |
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| 138 | | - | (4) Contacting the employer of a witness, when necessary, 89 |
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| 139 | | - | to confirm that the employee has been subpoenaed to appear in 90 |
|---|
| 140 | | - | court as a witness. 91 |
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| 141 | | - | 92 |
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| 142 | | - | In addition, the state attorney , or public defender, or criminal 93 |
|---|
| 143 | | - | conflict and civil regional counsel may provide additional 94 |
|---|
| 144 | | - | services to reduce time and wage losses to a minimum for all 95 |
|---|
| 145 | | - | witnesses. 96 |
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| 146 | | - | Section 2. Subsection (2) of section 27.341, Florida 97 |
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| 147 | | - | Statutes, is amended to read: 98 |
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| 148 | | - | 27.341 Electronic filing and receipt of court documents. — 99 |
|---|
| 149 | | - | (2) It is further the expectation of the Legislature that 100 |
|---|
| 125 | + | court in the event the case for which they have been subpoenaed 76 |
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| 126 | + | has been continued or has had a plea entered, or in the event 77 |
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| 127 | + | there is any other reason why their attendance is not required 78 |
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| 128 | + | on the dates they have b een ordered to report. 79 |
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| 129 | + | (4) Contacting the employer of a witness, when necessary, 80 |
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| 130 | + | to confirm that the employee has been subpoenaed to appear in 81 |
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| 131 | + | court as a witness. 82 |
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| 132 | + | 83 |
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| 133 | + | In addition, the state attorney , or public defender, or criminal 84 |
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| 134 | + | conflict and civil region al counsel may provide additional 85 |
|---|
| 135 | + | services to reduce time and wage losses to a minimum for all 86 |
|---|
| 136 | + | witnesses. 87 |
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| 137 | + | Section 2. Subsection (2) of section 27.341, Florida 88 |
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| 138 | + | Statutes, is amended to read: 89 |
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| 139 | + | 27.341 Electronic filing and receipt of court documents. — 90 |
|---|
| 140 | + | (2) It is further the expectation of the Legislature that 91 |
|---|
| 141 | + | each office of the state attorney consult with the office of the 92 |
|---|
| 142 | + | public defender for the same circuit served by the office of the 93 |
|---|
| 143 | + | state attorney, the office of criminal conflict and civil 94 |
|---|
| 144 | + | regional counsel assigned to that circuit, the clerks of court 95 |
|---|
| 145 | + | for the circuit, the Florida Court Technology Commission, and 96 |
|---|
| 146 | + | any authority that governs the operation of a statewide portal 97 |
|---|
| 147 | + | for the electronic filing and receipt of court documents. 98 |
|---|
| 148 | + | Section 3. Subsections (2), (3), and (7) of section 99 |
|---|
| 149 | + | 27.511, Florida Statutes, are amended, and subsection (10) is 100 |
|---|
| 162 | | - | each office of the state attor ney consult with the office of the 101 |
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| 163 | | - | public defender for the same circuit served by the office of the 102 |
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| 164 | | - | state attorney, the office of criminal conflict and civil 103 |
|---|
| 165 | | - | regional counsel assigned to that circuit, the clerks of court 104 |
|---|
| 166 | | - | for the circuit, the Florida Court Technology Commission, and 105 |
|---|
| 167 | | - | any authority that governs the operation of a statewide portal 106 |
|---|
| 168 | | - | for the electronic filing and receipt of court documents. 107 |
|---|
| 169 | | - | Section 3. Subsections (2), (3), and (7) of section 108 |
|---|
| 170 | | - | 27.511, Florida Statutes, are amended, and subsection (10) is 109 |
|---|
| 171 | | - | added to that section, to read: 110 |
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| 172 | | - | 27.511 Offices of criminal conflict and civil regional 111 |
|---|
| 173 | | - | counsel; legislative intent; qualifications; appointment; 112 |
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| 174 | | - | duties.— 113 |
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| 175 | | - | (2) Each office of criminal conflict and civil regional 114 |
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| 176 | | - | counsel shall be assign ed to the Justice Administrative 115 |
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| 177 | | - | Commission for administrative purposes. The commission shall 116 |
|---|
| 178 | | - | provide administrative support and service to the offices to the 117 |
|---|
| 179 | | - | extent requested by each regional counsel within the available 118 |
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| 180 | | - | resources of the commission. The r egional counsel and the 119 |
|---|
| 181 | | - | offices are not subject to control, supervision, or direction by 120 |
|---|
| 182 | | - | the commission in the performance of their duties , but the 121 |
|---|
| 183 | | - | employees of the offices shall be governed by the classification 122 |
|---|
| 184 | | - | plan and the salary and benefits plan for t he commission. 123 |
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| 185 | | - | (3)(a) Each regional counsel must be, and must have been 124 |
|---|
| 186 | | - | for the preceding 5 years, a member in good standing of The 125 |
|---|
| 162 | + | added to that section, to read: 101 |
|---|
| 163 | + | 27.511 Offices of criminal conflict and civil regional 102 |
|---|
| 164 | + | counsel; legislative intent; qualifications; appoint ment; 103 |
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| 165 | + | duties.— 104 |
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| 166 | + | (2) Each office of criminal conflict and civil regional 105 |
|---|
| 167 | + | counsel shall be assigned to the Justice Administrative 106 |
|---|
| 168 | + | Commission for administrative purposes. The commission shall 107 |
|---|
| 169 | + | provide administrative support and service to the offices to the 108 |
|---|
| 170 | + | extent requested by each regional counsel within the available 109 |
|---|
| 171 | + | resources of the commission. The regional counsel and the 110 |
|---|
| 172 | + | offices are not subject to control, supervision, or direction by 111 |
|---|
| 173 | + | the commission in the performance of their duties , but the 112 |
|---|
| 174 | + | employees of the offices shall be governed by the classification 113 |
|---|
| 175 | + | plan and the salary and benefits plan for the commission . 114 |
|---|
| 176 | + | (3)(a) Each regional counsel must be, and must have been 115 |
|---|
| 177 | + | for the preceding 5 years, a member in good standing of The 116 |
|---|
| 178 | + | Florida Bar. Each regional counsel shall be appointed by the 117 |
|---|
| 179 | + | Governor and is subject to confirmation by the Senate. The 118 |
|---|
| 180 | + | Supreme Court Judicial Nominating Commission , in addition to the 119 |
|---|
| 181 | + | current regional counsel, shall nominate recommend to the 120 |
|---|
| 182 | + | Governor the currently serving regional counsel, if he or she 121 |
|---|
| 183 | + | seeks reappointment, and may also nominate up to three not fewer 122 |
|---|
| 184 | + | than two or more than five additional qualified candidates for 123 |
|---|
| 185 | + | appointment to each of the five regional counsel positions for 124 |
|---|
| 186 | + | consideration by the Governor . The Governor shall appoint the 125 |
|---|
| 199 | | - | Florida Bar. Each regional counsel shall be appointed by the 126 |
|---|
| 200 | | - | Governor and is subject to confirmation by the Senate. The 127 |
|---|
| 201 | | - | Supreme Court Judicial Nominating Commission , in addition to the 128 |
|---|
| 202 | | - | current regional counsel, shall nominate recommend to the 129 |
|---|
| 203 | | - | Governor the currently serving regional counsel, if he or she 130 |
|---|
| 204 | | - | seeks reappointment, and may also nominate up to three not fewer 131 |
|---|
| 205 | | - | than two or more than five additional qualified candidates for 132 |
|---|
| 206 | | - | appointment to each of the five regional counsel positions for 133 |
|---|
| 207 | | - | consideration by the Governor . The Governor shall appoint the 134 |
|---|
| 208 | | - | regional counsel for the five regions from among the 135 |
|---|
| 209 | | - | commission's nomination s recommendations, or, if it is in the 136 |
|---|
| 210 | | - | best interest of the fair administration of justice, the 137 |
|---|
| 211 | | - | Governor may reject the nominations and request that the Supreme 138 |
|---|
| 212 | | - | Court Judicial Nominating Commission submit three new nominees. 139 |
|---|
| 213 | | - | The regional counsel shall be a ppointed to a term of 4 years, 140 |
|---|
| 214 | | - | the term beginning on October 1, 2015 , with each successive term 141 |
|---|
| 215 | | - | beginning on October 1 every 4 years thereafter. The nomination 142 |
|---|
| 216 | | - | and appointment process under this paragraph shall apply 143 |
|---|
| 217 | | - | retroactively to the term beginning on October 1, 2019. 144 |
|---|
| 218 | | - | Vacancies shall be filled in the manner provided in paragraph 145 |
|---|
| 219 | | - | (b). 146 |
|---|
| 220 | | - | (b) If for any reason a regional counsel is unable to 147 |
|---|
| 221 | | - | complete a full term in office, the Governor may immediately 148 |
|---|
| 222 | | - | appoint an interim regional counsel who meets the qualifications 149 |
|---|
| 223 | | - | to be a regional counsel to serve as regional counsel for that 150 |
|---|
| 199 | + | regional counsel for the five regions from among the 126 |
|---|
| 200 | + | commission's nominations recommendations, or, if it is in the 127 |
|---|
| 201 | + | best interest of the fair administration of justice, the 128 |
|---|
| 202 | + | Governor may reject the nominations and request that the Supreme 129 |
|---|
| 203 | + | Court Judicial Nominating Commission submit three new nominees. 130 |
|---|
| 204 | + | The regional counsel shall be appointed to a term of 4 years, 131 |
|---|
| 205 | + | the term beginning on October 1, 2015 , with each successive term 132 |
|---|
| 206 | + | beginning on October 1 every 4 years thereafter. The nomination 133 |
|---|
| 207 | + | and appointment process under this paragraph shall apply 134 |
|---|
| 208 | + | retroactively to the term beginning on October 1, 2019 . 135 |
|---|
| 209 | + | Vacancies shall be filled in the manner provided in paragraph 136 |
|---|
| 210 | + | (b). 137 |
|---|
| 211 | + | (b) If for any reason a regional counsel is unable to 138 |
|---|
| 212 | + | complete a full term in office, the Governor may immediately 139 |
|---|
| 213 | + | appoint an interim regional counsel who meets the qualifications 140 |
|---|
| 214 | + | to be a regional counsel to serve as regional counsel for that 141 |
|---|
| 215 | + | region district until a new regional counsel is appointed in the 142 |
|---|
| 216 | + | manner provided in paragraph (a). The Florida Supreme Court 143 |
|---|
| 217 | + | Judicial Nominating Commission shall provide the Governor with a 144 |
|---|
| 218 | + | list of nominees for appointment within 6 months after the date 145 |
|---|
| 219 | + | of the vacancy. A temporary vacancy in office does not affect 146 |
|---|
| 220 | + | the validity of any matters or activities of the office of 147 |
|---|
| 221 | + | regional counsel. 148 |
|---|
| 222 | + | (7) The court may not appoint the office of criminal 149 |
|---|
| 223 | + | conflict and civil regional counsel to represent, even on a 150 |
|---|
| 236 | | - | region district until a new regional counsel is appointed in the 151 |
|---|
| 237 | | - | manner provided in paragraph (a). The Florida Supreme Court 152 |
|---|
| 238 | | - | Judicial Nominating Commission shall provide the Governor with a 153 |
|---|
| 239 | | - | list of nominees for appointment within 6 months after the date 154 |
|---|
| 240 | | - | of the vacancy. A temporary vacancy in office does not affect 155 |
|---|
| 241 | | - | the validity of any matters or activities of the office of 156 |
|---|
| 242 | | - | regional counsel. 157 |
|---|
| 243 | | - | (7) The court may not appoint the office of criminal 158 |
|---|
| 244 | | - | conflict and civil regional counsel to represent, even on a 159 |
|---|
| 245 | | - | temporary basis, any person who is not indigent, except to the 160 |
|---|
| 246 | | - | extent that appointment of counsel is specifically provided for 161 |
|---|
| 247 | | - | in chapters 390, 394, 415, 743, and 744 without regard to the 162 |
|---|
| 248 | | - | indigent status of the person entitled to representation. If a 163 |
|---|
| 249 | | - | defendant has retain ed private counsel, the court may not 164 |
|---|
| 250 | | - | appoint the office of criminal conflict and civil regional 165 |
|---|
| 251 | | - | counsel to represent that defendant simultaneously on the same 166 |
|---|
| 252 | | - | case. 167 |
|---|
| 253 | | - | (10) Each court shall allow for the ingress and egress to 168 |
|---|
| 254 | | - | its facilities for regional co unsels and assistant regional 169 |
|---|
| 255 | | - | counsels in the same manner as is provided to public defenders 170 |
|---|
| 256 | | - | and assistant public defenders, subject to the security 171 |
|---|
| 257 | | - | requirements of each courthouse. 172 |
|---|
| 258 | | - | Section 4. Subsection (4) of section 27.53, Florida 173 |
|---|
| 259 | | - | Statutes, is amended to read: 174 |
|---|
| 260 | | - | 27.53 Appointment of assistants and other staff; method of 175 |
|---|
| 236 | + | temporary basis, any person who is not indigent, except to the 151 |
|---|
| 237 | + | extent that appointment of counsel is specifically provided for 152 |
|---|
| 238 | + | in chapters 390, 394, 415, 743, and 744 without regard to the 153 |
|---|
| 239 | + | indigent status of the person entitled to representation. If a 154 |
|---|
| 240 | + | defendant has retain ed private counsel, the court may not 155 |
|---|
| 241 | + | appoint the office of criminal conflict and civil regional 156 |
|---|
| 242 | + | counsel to represent that defendant simultaneously on the same 157 |
|---|
| 243 | + | case. 158 |
|---|
| 244 | + | (10) Each court shall allow for the ingress and egress to 159 |
|---|
| 245 | + | its facilities for regional co unsels and assistant regional 160 |
|---|
| 246 | + | counsels in the same manner as is provided to public defenders 161 |
|---|
| 247 | + | and assistant public defenders, subject to the security 162 |
|---|
| 248 | + | requirements of each courthouse. 163 |
|---|
| 249 | + | Section 4. Subsection (4) of section 27.53, Florida 164 |
|---|
| 250 | + | Statutes, is amended to read: 165 |
|---|
| 251 | + | 27.53 Appointment of assistants and other staff; method of 166 |
|---|
| 252 | + | payment.— 167 |
|---|
| 253 | + | (4) The five criminal conflict and civil regional counsels 168 |
|---|
| 254 | + | counsel may employ and establish, in the numbers authorized by 169 |
|---|
| 255 | + | the General Appropriations Act, assistant regiona l counsels 170 |
|---|
| 256 | + | counsel and other staff and personnel in each judicial district 171 |
|---|
| 257 | + | pursuant to s. 29.006, who shall be paid from funds appropriated 172 |
|---|
| 258 | + | for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 173 |
|---|
| 259 | + | 790.25(2)(a), an investigator employed by an office of criminal 174 |
|---|
| 260 | + | conflict and civil regional counsel, while actually carrying out 175 |
|---|
| 273 | | - | payment.— 176 |
|---|
| 274 | | - | (4) The five criminal conflict and civil regional counsels 177 |
|---|
| 275 | | - | counsel may employ and establish, in the numbers authorized by 178 |
|---|
| 276 | | - | the General Appropriations Act, assistant regiona l counsels 179 |
|---|
| 277 | | - | counsel and other staff and personnel in each judicial district 180 |
|---|
| 278 | | - | pursuant to s. 29.006, who shall be paid from funds appropriated 181 |
|---|
| 279 | | - | for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 182 |
|---|
| 280 | | - | 790.25(2)(a), an investigator employed by an office of criminal 183 |
|---|
| 281 | | - | conflict and civil regional counsel, while actually carrying out 184 |
|---|
| 282 | | - | official duties, is authorized to carry concealed weapons if the 185 |
|---|
| 283 | | - | investigator complies with s. 790.25(3)(o). However, such 186 |
|---|
| 284 | | - | investigators are not eligible for membership in the Speci al 187 |
|---|
| 285 | | - | Risk Class of the Florida Retirement System. The five regional 188 |
|---|
| 286 | | - | counsels counsel shall jointly develop a coordinated recommended 189 |
|---|
| 287 | | - | modifications to the classification and pay plan for submission 190 |
|---|
| 288 | | - | to and the salary and benefits plan for the Justice 191 |
|---|
| 289 | | - | Administrative Commission, the President of the Senate, and the 192 |
|---|
| 290 | | - | Speaker of the House of Representatives by January 1 of each 193 |
|---|
| 291 | | - | year. The plan must recommendations shall be submitted to the 194 |
|---|
| 292 | | - | commission, the office of the President of the Senate, and the 195 |
|---|
| 293 | | - | office of the Speaker of the House of Representatives before 196 |
|---|
| 294 | | - | January 1 of each year. Such recommendations shall be developed 197 |
|---|
| 295 | | - | in accordance with policies and procedures of the Executive 198 |
|---|
| 296 | | - | Office of the Governor established in s. 216.181. Each assistant 199 |
|---|
| 297 | | - | regional counsel appo inted by the regional counsel under this 200 |
|---|
| 273 | + | official duties, is authorized to carry concealed weapons if the 176 |
|---|
| 274 | + | investigator complies with s. 790.25(3)(o). However, such 177 |
|---|
| 275 | + | investigators are not eligible for membership in the Speci al 178 |
|---|
| 276 | + | Risk Class of the Florida Retirement System. The five regional 179 |
|---|
| 277 | + | counsels counsel shall jointly develop a coordinated recommended 180 |
|---|
| 278 | + | modifications to the classification and pay plan for submission 181 |
|---|
| 279 | + | to and the salary and benefits plan for the Justice 182 |
|---|
| 280 | + | Administrative Commission, the President of the Senate, and the 183 |
|---|
| 281 | + | Speaker of the House of Representatives by January 1 of each 184 |
|---|
| 282 | + | year. The plan must recommendations shall be submitted to the 185 |
|---|
| 283 | + | commission, the office of the President of the Senate, and the 186 |
|---|
| 284 | + | office of the Speaker of the House of Representatives before 187 |
|---|
| 285 | + | January 1 of each year. Such recommendations shall be developed 188 |
|---|
| 286 | + | in accordance with policies and procedures of the Executive 189 |
|---|
| 287 | + | Office of the Governor established in s. 216.181. Each assistant 190 |
|---|
| 288 | + | regional counsel appo inted by the regional counsel under this 191 |
|---|
| 289 | + | section shall serve at the pleasure of the regional counsel. 192 |
|---|
| 290 | + | Each investigator employed by the regional counsel shall have 193 |
|---|
| 291 | + | full authority to serve any witness subpoena or court order 194 |
|---|
| 292 | + | issued by any court or judge in a criminal case in which the 195 |
|---|
| 293 | + | regional counsel has been appointed to represent the accused. 196 |
|---|
| 294 | + | Section 5. Subsection (3) and paragraph (a) of subsection 197 |
|---|
| 295 | + | (4) of section 39.0132, Florida Statutes, are amended to read: 198 |
|---|
| 296 | + | 39.0132 Oaths, records, and confidenti al information.— 199 |
|---|
| 297 | + | (3) The clerk shall keep all court records required by 200 |
|---|
| 310 | | - | section shall serve at the pleasure of the regional counsel. 201 |
|---|
| 311 | | - | Each investigator employed by the regional counsel shall have 202 |
|---|
| 312 | | - | full authority to serve any witness subpoena or court order 203 |
|---|
| 313 | | - | issued by any court or judge in a criminal case in which the 204 |
|---|
| 314 | | - | regional counsel has been appointed to represent the accused. 205 |
|---|
| 315 | | - | Section 5. Subsection (3) and paragraph (a) of subsection 206 |
|---|
| 316 | | - | (4) of section 39.0132, Florida Statutes, are amended to read: 207 |
|---|
| 317 | | - | 39.0132 Oaths, records, and confidenti al information.— 208 |
|---|
| 318 | | - | (3) The clerk shall keep all court records required by 209 |
|---|
| 319 | | - | this chapter separate from other records of the circuit court. 210 |
|---|
| 320 | | - | All court records required by this chapter shall not be open to 211 |
|---|
| 321 | | - | inspection by the public. All records shall be inspecte d only 212 |
|---|
| 322 | | - | upon order of the court by persons deemed by the court to have a 213 |
|---|
| 323 | | - | proper interest therein, except that, subject to the provisions 214 |
|---|
| 324 | | - | of s. 63.162, a child and the parents of the child and their 215 |
|---|
| 325 | | - | attorneys, the guardian ad litem, criminal conflict and civ il 216 |
|---|
| 326 | | - | regional counsels, law enforcement agencies, and the department 217 |
|---|
| 327 | | - | and its designees shall always have the right to inspect and 218 |
|---|
| 328 | | - | copy any official record pertaining to the child. The Justice 219 |
|---|
| 329 | | - | Administrative Commission may inspect court dockets required by 220 |
|---|
| 330 | | - | this chapter as necessary to audit compensation of court -221 |
|---|
| 331 | | - | appointed attorneys. If the docket is insufficient for purposes 222 |
|---|
| 332 | | - | of the audit, the commission may petition the court for 223 |
|---|
| 333 | | - | additional documentation as necessary and appropriate. The court 224 |
|---|
| 334 | | - | may permit authorized representatives of recognized 225 |
|---|
| 310 | + | this chapter separate from other records of the circuit court. 201 |
|---|
| 311 | + | All court records required by this chapter shall not be open to 202 |
|---|
| 312 | + | inspection by the public. All records shall be inspecte d only 203 |
|---|
| 313 | + | upon order of the court by persons deemed by the court to have a 204 |
|---|
| 314 | + | proper interest therein, except that, subject to the provisions 205 |
|---|
| 315 | + | of s. 63.162, a child and the parents of the child and their 206 |
|---|
| 316 | + | attorneys, the guardian ad litem, criminal conflict and civ il 207 |
|---|
| 317 | + | regional counsels, law enforcement agencies, and the department 208 |
|---|
| 318 | + | and its designees shall always have the right to inspect and 209 |
|---|
| 319 | + | copy any official record pertaining to the child. The Justice 210 |
|---|
| 320 | + | Administrative Commission may inspect court dockets required by 211 |
|---|
| 321 | + | this chapter as necessary to audit compensation of court -212 |
|---|
| 322 | + | appointed attorneys. If the docket is insufficient for purposes 213 |
|---|
| 323 | + | of the audit, the commission may petition the court for 214 |
|---|
| 324 | + | additional documentation as necessary and appropriate. The court 215 |
|---|
| 325 | + | may permit authorized representatives of recognized 216 |
|---|
| 326 | + | organizations compiling statistics for proper purposes to 217 |
|---|
| 327 | + | inspect and make abstracts from official records, under whatever 218 |
|---|
| 328 | + | conditions upon their use and disposition the court may deem 219 |
|---|
| 329 | + | proper, and may punish by contempt p roceedings any violation of 220 |
|---|
| 330 | + | those conditions. 221 |
|---|
| 331 | + | (4)(a)1. All information obtained pursuant to this part in 222 |
|---|
| 332 | + | the discharge of official duty by any judge, employee of the 223 |
|---|
| 333 | + | court, authorized agent of the department, correctional 224 |
|---|
| 334 | + | probation officer, or law enforc ement agent is confidential and 225 |
|---|
| 347 | | - | organizations compiling statistics for proper purposes to 226 |
|---|
| 348 | | - | inspect and make abstracts from official records, under whatever 227 |
|---|
| 349 | | - | conditions upon their use and disposition the court may deem 228 |
|---|
| 350 | | - | proper, and may punish by contempt p roceedings any violation of 229 |
|---|
| 351 | | - | those conditions. 230 |
|---|
| 352 | | - | (4)(a)1. All information obtained pursuant to this part in 231 |
|---|
| 353 | | - | the discharge of official duty by any judge, employee of the 232 |
|---|
| 354 | | - | court, authorized agent of the department, correctional 233 |
|---|
| 355 | | - | probation officer, or law enforc ement agent is confidential and 234 |
|---|
| 356 | | - | exempt from s. 119.07(1) and may not be disclosed to anyone 235 |
|---|
| 357 | | - | other than the authorized personnel of the court, the department 236 |
|---|
| 358 | | - | and its designees, correctional probation officers, law 237 |
|---|
| 359 | | - | enforcement agents, the guardian ad litem, criminal conflict and 238 |
|---|
| 360 | | - | civil regional counsels, and others entitled under this chapter 239 |
|---|
| 361 | | - | to receive that information, except upon order of the court. 240 |
|---|
| 362 | | - | 2.a. The following information held by a guardian ad litem 241 |
|---|
| 363 | | - | is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 242 |
|---|
| 364 | | - | I of the State Constitution: 243 |
|---|
| 365 | | - | (I) Medical, mental health, substance abuse, child care, 244 |
|---|
| 366 | | - | education, law enforcement, court, social services, and 245 |
|---|
| 367 | | - | financial records. 246 |
|---|
| 368 | | - | (II) Any other information maintained by a guardian ad 247 |
|---|
| 369 | | - | litem which is ident ified as confidential information under this 248 |
|---|
| 370 | | - | chapter. 249 |
|---|
| 371 | | - | b. Such confidential and exempt information may not be 250 |
|---|
| 347 | + | exempt from s. 119.07(1) and may not be disclosed to anyone 226 |
|---|
| 348 | + | other than the authorized personnel of the court, the department 227 |
|---|
| 349 | + | and its designees, correctional probation officers, law 228 |
|---|
| 350 | + | enforcement agents, the guardian ad litem, criminal conflict and 229 |
|---|
| 351 | + | civil regional counsels, and others entitled under this chapter 230 |
|---|
| 352 | + | to receive that information, except upon order of the court. 231 |
|---|
| 353 | + | 2.a. The following information held by a guardian ad litem 232 |
|---|
| 354 | + | is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 233 |
|---|
| 355 | + | I of the State Constitution: 234 |
|---|
| 356 | + | (I) Medical, mental health, substance abuse, child care, 235 |
|---|
| 357 | + | education, law enforcement, court, social services, and 236 |
|---|
| 358 | + | financial records. 237 |
|---|
| 359 | + | (II) Any other information maintained by a guardian ad 238 |
|---|
| 360 | + | litem which is ident ified as confidential information under this 239 |
|---|
| 361 | + | chapter. 240 |
|---|
| 362 | + | b. Such confidential and exempt information may not be 241 |
|---|
| 363 | + | disclosed to anyone other than the authorized personnel of the 242 |
|---|
| 364 | + | court, the department and its designees, correctional probation 243 |
|---|
| 365 | + | officers, law enforcement agents, guardians ad litem, and others 244 |
|---|
| 366 | + | entitled under this chapter to receive that information, except 245 |
|---|
| 367 | + | upon order of the court. 246 |
|---|
| 368 | + | Section 6. Paragraph (a) of subsection (2) of section 247 |
|---|
| 369 | + | 92.153, Florida Statutes, is amended to read: 248 |
|---|
| 370 | + | 92.153 Production of documents by witnesses; reimbursement 249 |
|---|
| 371 | + | of costs.— 250 |
|---|
| 384 | | - | disclosed to anyone other than the authorized personnel of the 251 |
|---|
| 385 | | - | court, the department and its designees, correctional probation 252 |
|---|
| 386 | | - | officers, law enforcement agents, guardians ad litem, and others 253 |
|---|
| 387 | | - | entitled under this chapter to receive that information, except 254 |
|---|
| 388 | | - | upon order of the court. 255 |
|---|
| 389 | | - | Section 6. Paragraph (a) of subsection (2) of section 256 |
|---|
| 390 | | - | 92.153, Florida Statutes, is amended to read: 257 |
|---|
| 391 | | - | 92.153 Production of documents by witnesses; reimbursement 258 |
|---|
| 392 | | - | of costs.— 259 |
|---|
| 393 | | - | (2) REIMBURSEMENT OF A DISINTERESTED WITNESS. — 260 |
|---|
| 394 | | - | (a) In any proceeding, a disinterested witness shall be 261 |
|---|
| 395 | | - | paid for any costs the witness reasonably incurs either directly 262 |
|---|
| 396 | | - | or indirectly in producing, searching for, reproducing, or 263 |
|---|
| 397 | | - | transporting documents pursuant to a summons; however, the cost 264 |
|---|
| 398 | | - | of documents produced pursuant to a subpoena or records request 265 |
|---|
| 399 | | - | by a state attorney, a or public defender, or a criminal 266 |
|---|
| 400 | | - | conflict and civil regional counsel may not exceed 15 cents per 267 |
|---|
| 401 | | - | page and $10 per hour for research or retrieval. 268 |
|---|
| 402 | | - | Section 7. Paragraph (b) of subsection (1) of section 269 |
|---|
| 403 | | - | 112.19, Florida Statutes, is amended to read: 270 |
|---|
| 404 | | - | 112.19 Law enforcement, correctional, and correctional 271 |
|---|
| 405 | | - | probation officers; death benefits.— 272 |
|---|
| 406 | | - | (1) As used in this section, the term: 273 |
|---|
| 407 | | - | (b) "Law enforcement, correctional, or correctional 274 |
|---|
| 408 | | - | probation officer" means any officer as defined in s. 943.10(14) 275 |
|---|
| 384 | + | (2) REIMBURSEMENT OF A DISINTERESTED WITNESS. — 251 |
|---|
| 385 | + | (a) In any proceeding, a disinterested witness shall be 252 |
|---|
| 386 | + | paid for any costs the witness reasonably incurs either directly 253 |
|---|
| 387 | + | or indirectly in producing, searching for, reproducing, or 254 |
|---|
| 388 | + | transporting documents pursuant to a summons; however, the cost 255 |
|---|
| 389 | + | of documents produced pursuant to a subpoena or records request 256 |
|---|
| 390 | + | by a state attorney, a or public defender, or a criminal 257 |
|---|
| 391 | + | conflict and civil regional counsel may not exceed 15 cents per 258 |
|---|
| 392 | + | page and $10 per hour for research or retrieval. 259 |
|---|
| 393 | + | Section 7. Paragraph (b) of subsection (1) of section 260 |
|---|
| 394 | + | 112.19, Florida Statutes, is amended to read: 261 |
|---|
| 395 | + | 112.19 Law enforcement, correctional, and correctional 262 |
|---|
| 396 | + | probation officers; de ath benefits.— 263 |
|---|
| 397 | + | (1) As used in this section, the term: 264 |
|---|
| 398 | + | (b) "Law enforcement, correctional, or correctional 265 |
|---|
| 399 | + | probation officer" means any officer as defined in s. 943.10(14) 266 |
|---|
| 400 | + | or employee of the state or any political subdivision of the 267 |
|---|
| 401 | + | state, including any law enforcement officer, correctional 268 |
|---|
| 402 | + | officer, correctional probation officer, state attorney 269 |
|---|
| 403 | + | investigator, or public defender investigator , or criminal 270 |
|---|
| 404 | + | conflict and civil regional counsel investigator , whose duties 271 |
|---|
| 405 | + | require such officer or employee to inv estigate, pursue, 272 |
|---|
| 406 | + | apprehend, arrest, transport, or maintain custody of persons who 273 |
|---|
| 407 | + | are charged with, suspected of committing, or convicted of a 274 |
|---|
| 408 | + | crime; and the term includes any member of a bomb disposal unit 275 |
|---|
| 421 | | - | or employee of the state or any political subdivision of the 276 |
|---|
| 422 | | - | state, including any law enforcement officer, correctional 277 |
|---|
| 423 | | - | officer, correctional probation officer, state attorney 278 |
|---|
| 424 | | - | investigator, or public defender investigator , or criminal 279 |
|---|
| 425 | | - | conflict and civil regional counsel investigator , whose duties 280 |
|---|
| 426 | | - | require such officer or employee t o investigate, pursue, 281 |
|---|
| 427 | | - | apprehend, arrest, transport, or maintain custody of persons who 282 |
|---|
| 428 | | - | are charged with, suspected of committing, or convicted of a 283 |
|---|
| 429 | | - | crime; and the term includes any member of a bomb disposal unit 284 |
|---|
| 430 | | - | whose primary responsibility is the locatio n, handling, and 285 |
|---|
| 431 | | - | disposal of explosive devices. The term also includes any full -286 |
|---|
| 432 | | - | time officer or employee of the state or any political 287 |
|---|
| 433 | | - | subdivision of the state, certified pursuant to chapter 943, 288 |
|---|
| 434 | | - | whose duties require such officer to serve process or to att end 289 |
|---|
| 435 | | - | a session of a circuit or county court as bailiff. 290 |
|---|
| 436 | | - | Section 8. Subsection (1) of section 320.025, Florida 291 |
|---|
| 437 | | - | Statutes, is amended to read: 292 |
|---|
| 438 | | - | 320.025 Registration certificate and license plate or 293 |
|---|
| 439 | | - | decal issued under fictitious name; application. — 294 |
|---|
| 440 | | - | (1) A confidential registration certificate and 295 |
|---|
| 441 | | - | registration license plate or decal shall be issued under a 296 |
|---|
| 442 | | - | fictitious name only for a motor vehicle or vessel owned or 297 |
|---|
| 443 | | - | operated by a law enforcement agency of state, county, 298 |
|---|
| 444 | | - | municipal, or federal government ;, the Attorney General's 299 |
|---|
| 445 | | - | Medicaid Fraud Control Unit ;, or any state public defender's 300 |
|---|
| 421 | + | whose primary responsibility is the location, ha ndling, and 276 |
|---|
| 422 | + | disposal of explosive devices. The term also includes any full -277 |
|---|
| 423 | + | time officer or employee of the state or any political 278 |
|---|
| 424 | + | subdivision of the state, certified pursuant to chapter 943, 279 |
|---|
| 425 | + | whose duties require such officer to serve process or to attend 280 |
|---|
| 426 | + | a session of a circuit or county court as bailiff. 281 |
|---|
| 427 | + | Section 8. Subsection (1) of section 320.025, Florida 282 |
|---|
| 428 | + | Statutes, is amended to read: 283 |
|---|
| 429 | + | 320.025 Registration certificate and license plate or 284 |
|---|
| 430 | + | decal issued under fictitious name; application. — 285 |
|---|
| 431 | + | (1) A confidential registration certificate and 286 |
|---|
| 432 | + | registration license plate or decal shall be issued under a 287 |
|---|
| 433 | + | fictitious name only for a motor vehicle or vessel owned or 288 |
|---|
| 434 | + | operated by a law enforcement agency of state, county, 289 |
|---|
| 435 | + | municipal, or federal government ;, the Attorney General's 290 |
|---|
| 436 | + | Medicaid Fraud Control Unit ;, or any state public defender's 291 |
|---|
| 437 | + | office; or any criminal conflict and civil regional counsel 292 |
|---|
| 438 | + | office. The requesting agency shall file a written application 293 |
|---|
| 439 | + | with the department, on forms furnished by the depart ment, which 294 |
|---|
| 440 | + | includes a statement that the license plate or decal will be 295 |
|---|
| 441 | + | used for certain activities by the Attorney General's Medicaid 296 |
|---|
| 442 | + | Fraud Control Unit; any or law enforcement or any state public 297 |
|---|
| 443 | + | defender's office; or a regional counsel which require th e 298 |
|---|
| 444 | + | activities requiring concealment of publicly leased or owned 299 |
|---|
| 445 | + | motor vehicles or vessels and a statement of the position 300 |
|---|
| 458 | | - | office; or any criminal conflict and civil regional counsel 301 |
|---|
| 459 | | - | office. The requesting agency shall file a written application 302 |
|---|
| 460 | | - | with the department, on forms furnished by the depar tment, which 303 |
|---|
| 461 | | - | includes a statement that the license plate or decal will be 304 |
|---|
| 462 | | - | used for certain activities by the Attorney General's Medicaid 305 |
|---|
| 463 | | - | Fraud Control Unit; any or law enforcement or any state public 306 |
|---|
| 464 | | - | defender's office; or a regional counsel which require t he 307 |
|---|
| 465 | | - | activities requiring concealment of publicly leased or owned 308 |
|---|
| 466 | | - | motor vehicles or vessels and a statement of the position 309 |
|---|
| 467 | | - | classifications of the individuals who are authorized to use the 310 |
|---|
| 468 | | - | license plate or decal. The department may modify its records to 311 |
|---|
| 469 | | - | reflect the fictitious identity of the owner or lessee until 312 |
|---|
| 470 | | - | such time as the license plate or decal and registration 313 |
|---|
| 471 | | - | certificate are surrendered to it. 314 |
|---|
| 472 | | - | Section 9. Paragraph (a) of subsection (5) of section 315 |
|---|
| 473 | | - | 393.12, Florida Statutes, is amended to read: 316 |
|---|
| 474 | | - | 393.12 Capacity; appointment of guardian advocate. — 317 |
|---|
| 475 | | - | (5) COUNSEL.—Within 3 days after a petition has been 318 |
|---|
| 476 | | - | filed, the court shall appoint an attorney to represent a person 319 |
|---|
| 477 | | - | with a developmental disability who is the subject of a petition 320 |
|---|
| 478 | | - | to appoint a guardia n advocate. The person with a developmental 321 |
|---|
| 479 | | - | disability may substitute his or her own attorney for the 322 |
|---|
| 480 | | - | attorney appointed by the court. 323 |
|---|
| 481 | | - | (a) The court shall initially appoint a private attorney 324 |
|---|
| 482 | | - | who shall be selected from the attorney registry compiled 325 |
|---|
| 458 | + | classifications of the individuals who are authorized to use the 301 |
|---|
| 459 | + | license plate or decal. The department may modify its records to 302 |
|---|
| 460 | + | reflect the fictitious identity of the owner or lessee until 303 |
|---|
| 461 | + | such time as the license plate or decal and registration 304 |
|---|
| 462 | + | certificate are surrendered to it. 305 |
|---|
| 463 | + | Section 9. Paragraph (a) of subsection (5) of section 306 |
|---|
| 464 | + | 393.12, Florida Statutes, is amended to read: 307 |
|---|
| 465 | + | 393.12 Capacity; appointment of guardian advocate. — 308 |
|---|
| 466 | + | (5) COUNSEL.—Within 3 days after a petition has been 309 |
|---|
| 467 | + | filed, the court shall appoint an attorney to represent a person 310 |
|---|
| 468 | + | with a developmental disability who is the subject of a petition 311 |
|---|
| 469 | + | to appoint a guardian advocate. The person with a developmental 312 |
|---|
| 470 | + | disability may substitute his or her own attorney for the 313 |
|---|
| 471 | + | attorney appointed by the court. 314 |
|---|
| 472 | + | (a) The court shall initially appoint a private attorney 315 |
|---|
| 473 | + | who shall be selected from the attorney registry compiled 316 |
|---|
| 474 | + | pursuant to s. 27.40. Such attorney must have completed a 317 |
|---|
| 475 | + | minimum of 8 hours of education in guardianship. The court may 318 |
|---|
| 476 | + | waive this requirement for an attorney who has served as a 319 |
|---|
| 477 | + | court-appointed attorney in guardian advocate proceedings or as 320 |
|---|
| 478 | + | an attorney of record for guardian advocates for at least 3 321 |
|---|
| 479 | + | years. This education requirement does not apply to a court -322 |
|---|
| 480 | + | appointed attorney who is employed by an office of criminal 323 |
|---|
| 481 | + | conflict and civil regional counsel. 324 |
|---|
| 482 | + | Section 10. Subsection (3) of section 394.916, Flori da 325 |
|---|
| 495 | | - | pursuant to s. 27.40. Such attorney must have completed a 326 |
|---|
| 496 | | - | minimum of 8 hours of education in guardianship. The court may 327 |
|---|
| 497 | | - | waive this requirement for an attorney who has served as a 328 |
|---|
| 498 | | - | court-appointed attorney in guardian advocate proceedings or as 329 |
|---|
| 499 | | - | an attorney of record for guardian advocates for at least 3 330 |
|---|
| 500 | | - | years. This education requirement does not apply to a court -331 |
|---|
| 501 | | - | appointed attorney who is employed by an office of criminal 332 |
|---|
| 502 | | - | conflict and civil regional counsel. 333 |
|---|
| 503 | | - | Section 10. Subsection (3) of section 394.916, Flor ida 334 |
|---|
| 504 | | - | Statutes, is amended to read: 335 |
|---|
| 505 | | - | 394.916 Trial; counsel and experts; indigent persons; 336 |
|---|
| 506 | | - | jury.— 337 |
|---|
| 507 | | - | (3) At all adversarial proceedings under this act, the 338 |
|---|
| 508 | | - | person subject to this act is entitled to the assistance of 339 |
|---|
| 509 | | - | counsel, and, if the person is indigent, t he court shall appoint 340 |
|---|
| 510 | | - | the public defender or, if a conflict exists, the court shall 341 |
|---|
| 511 | | - | appoint a criminal conflict and civil regional counsel or other 342 |
|---|
| 512 | | - | counsel to assist the person. 343 |
|---|
| 513 | | - | Section 11. Paragraph (d) of subsection (2) of section 344 |
|---|
| 514 | | - | 744.331, Florida Statutes, is amended to read: 345 |
|---|
| 515 | | - | 744.331 Procedures to determine incapacity. — 346 |
|---|
| 516 | | - | (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON. — 347 |
|---|
| 517 | | - | (d) An attorney seeking to be appointed by a court for 348 |
|---|
| 518 | | - | incapacity and guardianship proceedings must have completed a 349 |
|---|
| 519 | | - | minimum of 8 hours of education in guardianship. A court may 350 |
|---|
| 495 | + | Statutes, is amended to read: 326 |
|---|
| 496 | + | 394.916 Trial; counsel and experts; indigent persons; 327 |
|---|
| 497 | + | jury.— 328 |
|---|
| 498 | + | (3) At all adversarial proceedings under this act, the 329 |
|---|
| 499 | + | person subject to this act is entitled to the assistance of 330 |
|---|
| 500 | + | counsel, and, if the person is indigent, th e court shall appoint 331 |
|---|
| 501 | + | the public defender or, if a conflict exists, the court shall 332 |
|---|
| 502 | + | appoint a criminal conflict and civil regional counsel or other 333 |
|---|
| 503 | + | counsel to assist the person. 334 |
|---|
| 504 | + | Section 11. Paragraph (d) of subsection (2) of section 335 |
|---|
| 505 | + | 744.331, Florida Statutes, is amended to read: 336 |
|---|
| 506 | + | 744.331 Procedures to determine incapacity. — 337 |
|---|
| 507 | + | (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON. — 338 |
|---|
| 508 | + | (d) An attorney seeking to be appointed by a court for 339 |
|---|
| 509 | + | incapacity and guardianship proceedings must have completed a 340 |
|---|
| 510 | + | minimum of 8 hours of education in guardianship. A court may 341 |
|---|
| 511 | + | waive the initial training requirement for an attorney who has 342 |
|---|
| 512 | + | served as a court-appointed attorney in incapacity proceedings 343 |
|---|
| 513 | + | or as an attorney of record for guardians for not less than 3 344 |
|---|
| 514 | + | years. This training requirement does not apply to a court -345 |
|---|
| 515 | + | appointed attorney who is employed by an office of criminal 346 |
|---|
| 516 | + | conflict and civil regional counsel. 347 |
|---|
| 517 | + | Section 12. Paragraph (e) of subsection (3) and subsection 348 |
|---|
| 518 | + | (7) of section 943.053, Florida Statutes, are amende d to read: 349 |
|---|
| 519 | + | 943.053 Dissemination of criminal justice information; 350 |
|---|
| 532 | | - | waive the initial training requirement for an attorney who has 351 |
|---|
| 533 | | - | served as a court-appointed attorney in incapacity proceedings 352 |
|---|
| 534 | | - | or as an attorney of record for guardians for not less than 3 353 |
|---|
| 535 | | - | years. This training requirement does not apply to a court -354 |
|---|
| 536 | | - | appointed attorney who is employed by an office of criminal 355 |
|---|
| 537 | | - | conflict and civil regional counsel. 356 |
|---|
| 538 | | - | Section 12. Paragraph (e) of subsection (3) and subsection 357 |
|---|
| 539 | | - | (7) of section 943.053, Florida Statutes, are amend ed to read: 358 |
|---|
| 540 | | - | 943.053 Dissemination of criminal justice information; 359 |
|---|
| 541 | | - | fees.— 360 |
|---|
| 542 | | - | (3) 361 |
|---|
| 543 | | - | (e) The fee per record for criminal history information 362 |
|---|
| 544 | | - | provided pursuant to this subsection and s. 943.0542 is $24 per 363 |
|---|
| 545 | | - | name submitted, except that the fee for the guardian ad litem 364 |
|---|
| 546 | | - | program and vendors of the Department of Children and Families, 365 |
|---|
| 547 | | - | the Department of Juvenile Justice, the Agency for Persons with 366 |
|---|
| 548 | | - | Disabilities, and the Department of Elderly Affairs is shall be 367 |
|---|
| 549 | | - | $8 for each name submitted; the fee for a state criminal history 368 |
|---|
| 550 | | - | provided for application processing as required by law to be 369 |
|---|
| 551 | | - | performed by the Department of Agriculture and Consumer Services 370 |
|---|
| 552 | | - | is shall be $15 for each name submitted; and the fee for 371 |
|---|
| 553 | | - | requests under s. 943.0542, which implements the National Child 372 |
|---|
| 554 | | - | Protection Act, is shall be $18 for each volunteer name 373 |
|---|
| 555 | | - | submitted. Neither an office The state offices of the public 374 |
|---|
| 556 | | - | defender nor an office of criminal conflict and civil regional 375 |
|---|
| 532 | + | fees.— 351 |
|---|
| 533 | + | (3) 352 |
|---|
| 534 | + | (e) The fee per record for criminal history information 353 |
|---|
| 535 | + | provided pursuant to this subsection and s. 943.0542 is $24 per 354 |
|---|
| 536 | + | name submitted, except that the fee for the guardian ad litem 355 |
|---|
| 537 | + | program and vendors of the Department of Children and Families, 356 |
|---|
| 538 | + | the Department of Juvenile Justice, the Agency for Persons with 357 |
|---|
| 539 | + | Disabilities, and the Department of Elderly Affairs is shall be 358 |
|---|
| 540 | + | $8 for each name submitted; the fee for a state criminal history 359 |
|---|
| 541 | + | provided for application processing as required by law to be 360 |
|---|
| 542 | + | performed by the Department of Agriculture and Consumer Services 361 |
|---|
| 543 | + | is shall be $15 for each name submitted; and the fee for 362 |
|---|
| 544 | + | requests under s. 943.0542, which implements the National Child 363 |
|---|
| 545 | + | Protection Act, is shall be $18 for each volunteer name 364 |
|---|
| 546 | + | submitted. Neither an office The state offices of the public 365 |
|---|
| 547 | + | defender nor an office of criminal conflict and civil regional 366 |
|---|
| 548 | + | counsel may shall not be assessed a fee for Florida criminal 367 |
|---|
| 549 | + | history information or wanted person information. 368 |
|---|
| 550 | + | (7) Notwithstanding any other provision of l aw, the 369 |
|---|
| 551 | + | department shall provide to each office of the public defender 370 |
|---|
| 552 | + | and each criminal conflict and civil regional counsel online 371 |
|---|
| 553 | + | access to criminal records of this state which are not exempt 372 |
|---|
| 554 | + | from disclosure under chapter 119 or confidential under law. 373 |
|---|
| 555 | + | Such access shall be used solely in support of the duties of a 374 |
|---|
| 556 | + | public defender as provided in s. 27.51 , a criminal conflict and 375 |
|---|
| 569 | | - | counsel may shall not be assessed a fee for Florida criminal 376 |
|---|
| 570 | | - | history information or wanted person information. 377 |
|---|
| 571 | | - | (7) Notwithstanding any other provision of l aw, the 378 |
|---|
| 572 | | - | department shall provide to each office of the public defender 379 |
|---|
| 573 | | - | and each criminal conflict and civil regional counsel online 380 |
|---|
| 574 | | - | access to criminal records of this state which are not exempt 381 |
|---|
| 575 | | - | from disclosure under chapter 119 or confidential under law. 382 |
|---|
| 576 | | - | Such access shall be used solely in support of the duties of a 383 |
|---|
| 577 | | - | public defender as provided in s. 27.51 , a criminal conflict and 384 |
|---|
| 578 | | - | civil regional counsel as provided in s. 27.511, or of any 385 |
|---|
| 579 | | - | attorney specially assigned as authorized in s. 27.53 in the 386 |
|---|
| 580 | | - | representation of any person who is determined indigent as 387 |
|---|
| 581 | | - | provided in s. 27.52. The costs of establishing and maintaining 388 |
|---|
| 582 | | - | such online access must shall be borne by the office to which 389 |
|---|
| 583 | | - | the access has been provided. 390 |
|---|
| 584 | | - | Section 13. Paragraph (d) of subsection (2) of section 391 |
|---|
| 585 | | - | 945.10, Florida Statutes, is amended to read: 392 |
|---|
| 586 | | - | 945.10 Confidential information. — 393 |
|---|
| 587 | | - | (2) The records and information specified in paragraphs 394 |
|---|
| 588 | | - | (1)(a)-(i) may be released as follows unless expressly 395 |
|---|
| 589 | | - | prohibited by federal law: 396 |
|---|
| 590 | | - | (d) Information specifi ed in paragraph (1)(b) to a public 397 |
|---|
| 591 | | - | defender or a criminal conflict and civil regional counsel 398 |
|---|
| 592 | | - | representing a defendant, except those portions of the records 399 |
|---|
| 593 | | - | containing a victim's statement or address, or the statement or 400 |
|---|
| 569 | + | civil regional counsel as provided in s. 27.511, or of any 376 |
|---|
| 570 | + | attorney specially assigned as authorized in s. 27.53 in the 377 |
|---|
| 571 | + | representation of any person who is determined indigent as 378 |
|---|
| 572 | + | provided in s. 27.52. The costs of establishing and maintaining 379 |
|---|
| 573 | + | such online access must shall be borne by the office to which 380 |
|---|
| 574 | + | the access has been provided. 381 |
|---|
| 575 | + | Section 13. Paragraph (d) of subsection (2) of section 382 |
|---|
| 576 | + | 945.10, Florida Statutes, is amended to read: 383 |
|---|
| 577 | + | 945.10 Confidential information. — 384 |
|---|
| 578 | + | (2) The records and information specified in paragraphs 385 |
|---|
| 579 | + | (1)(a)-(i) may be released as follows unless expressly 386 |
|---|
| 580 | + | prohibited by federal law: 387 |
|---|
| 581 | + | (d) Information specifi ed in paragraph (1)(b) to a public 388 |
|---|
| 582 | + | defender or a criminal conflict and civil regional counsel 389 |
|---|
| 583 | + | representing a defendant, except those portions of the records 390 |
|---|
| 584 | + | containing a victim's statement or address, or the statement or 391 |
|---|
| 585 | + | address of a relative of the victim . A request for records or 392 |
|---|
| 586 | + | information pursuant to this paragraph need not be in writing. 393 |
|---|
| 587 | + | 394 |
|---|
| 588 | + | Records and information released under this subsection remain 395 |
|---|
| 589 | + | confidential and exempt from the provisions of s. 119.07(1) and 396 |
|---|
| 590 | + | s. 24(a), Art. I of the State Constitut ion when held by the 397 |
|---|
| 591 | + | receiving person or entity. 398 |
|---|
| 592 | + | Section 14. Subsection (3) of section 945.48, Florida 399 |
|---|
| 593 | + | Statutes, is amended to read: 400 |
|---|
| 606 | | - | address of a relative of the victim . A request for records or 401 |
|---|
| 607 | | - | information pursuant to this paragraph need not be in writing. 402 |
|---|
| 608 | | - | 403 |
|---|
| 609 | | - | Records and information released under this subsection remain 404 |
|---|
| 610 | | - | confidential and exempt from the provisions of s. 119.07(1) and 405 |
|---|
| 611 | | - | s. 24(a), Art. I of the State Constitut ion when held by the 406 |
|---|
| 612 | | - | receiving person or entity. 407 |
|---|
| 613 | | - | Section 14. Subsection (3) of section 945.48, Florida 408 |
|---|
| 614 | | - | Statutes, is amended to read: 409 |
|---|
| 615 | | - | 945.48 Rights of inmates provided mental health treatment; 410 |
|---|
| 616 | | - | procedure for involuntary treatment. — 411 |
|---|
| 617 | | - | (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES. —412 |
|---|
| 618 | | - | Involuntary mental health treatment of an inmate who refuses 413 |
|---|
| 619 | | - | treatment that is deemed to be necessary for the appropriate 414 |
|---|
| 620 | | - | care of the inmate and the safety of the inmate or others may be 415 |
|---|
| 621 | | - | provided at a mental health treatme nt facility. The warden of 416 |
|---|
| 622 | | - | the institution containing the mental health treatment facility 417 |
|---|
| 623 | | - | shall petition the circuit court serving the county in which the 418 |
|---|
| 624 | | - | mental health treatment facility is located for an order 419 |
|---|
| 625 | | - | authorizing the treatment of the inmate. Th e inmate shall be 420 |
|---|
| 626 | | - | provided with a copy of the petition along with the proposed 421 |
|---|
| 627 | | - | treatment; the basis for the proposed treatment; the names of 422 |
|---|
| 628 | | - | the examining experts; and the date, time, and location of the 423 |
|---|
| 629 | | - | hearing. The inmate may have an attorney represent h im or her at 424 |
|---|
| 630 | | - | the hearing, and, if the inmate is indigent, the court shall 425 |
|---|
| 606 | + | 945.48 Rights of inmates provided mental health treatment; 401 |
|---|
| 607 | + | procedure for involuntary treatment. — 402 |
|---|
| 608 | + | (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES. —403 |
|---|
| 609 | + | Involuntary mental health treatment of an inmate who refuses 404 |
|---|
| 610 | + | treatment that is deemed to be necessary for the appropriate 405 |
|---|
| 611 | + | care of the inmate and the safety of the inmate or others may be 406 |
|---|
| 612 | + | provided at a mental health treatme nt facility. The warden of 407 |
|---|
| 613 | + | the institution containing the mental health treatment facility 408 |
|---|
| 614 | + | shall petition the circuit court serving the county in which the 409 |
|---|
| 615 | + | mental health treatment facility is located for an order 410 |
|---|
| 616 | + | authorizing the treatment of the inmate. Th e inmate shall be 411 |
|---|
| 617 | + | provided with a copy of the petition along with the proposed 412 |
|---|
| 618 | + | treatment; the basis for the proposed treatment; the names of 413 |
|---|
| 619 | + | the examining experts; and the date, time, and location of the 414 |
|---|
| 620 | + | hearing. The inmate may have an attorney represent h im or her at 415 |
|---|
| 621 | + | the hearing, and, if the inmate is indigent, the court shall 416 |
|---|
| 622 | + | appoint the office of the public defender to represent the 417 |
|---|
| 623 | + | inmate at the hearing. If the office of the public defender must 418 |
|---|
| 624 | + | withdraw from the appointment due to a conflict, the court must 419 |
|---|
| 625 | + | appoint the criminal conflict and civil regional counsel or 420 |
|---|
| 626 | + | private counsel pursuant to s. 27.40(1) to represent the inmate 421 |
|---|
| 627 | + | at the hearing. An attorney representing the inmate shall have 422 |
|---|
| 628 | + | access to the inmate and any records, including medical or 423 |
|---|
| 629 | + | mental health records, which are relevant to the representation 424 |
|---|
| 630 | + | of the inmate. 425 |
|---|
| 643 | | - | appoint the office of the public defender to represent the 426 |
|---|
| 644 | | - | inmate at the hearing. If the office of the public defender must 427 |
|---|
| 645 | | - | withdraw from the appointment due to a conflict, the court must 428 |
|---|
| 646 | | - | appoint the criminal conflict and civil regional counsel or 429 |
|---|
| 647 | | - | private counsel pursuant to s. 27.40(1) to represent the inmate 430 |
|---|
| 648 | | - | at the hearing. An attorney representing the inmate shall have 431 |
|---|
| 649 | | - | access to the inmate and any records, including medical or 432 |
|---|
| 650 | | - | mental health records, which are relevant to the representation 433 |
|---|
| 651 | | - | of the inmate. 434 |
|---|
| 652 | | - | Section 15. Subsection (2) of section 985.045, Florida 435 |
|---|
| 653 | | - | Statutes, is amended to read: 436 |
|---|
| 654 | | - | 985.045 Court records. — 437 |
|---|
| 655 | | - | (2) The clerk shall keep all official records required by 438 |
|---|
| 656 | | - | this section separate from other records of the circuit court, 439 |
|---|
| 657 | | - | except those records pertaining to motor vehicle violations, 440 |
|---|
| 658 | | - | which shall be forwarded to the Department of Highway Safety and 441 |
|---|
| 659 | | - | Motor Vehicles. Except as provided in ss. 943.053 and 442 |
|---|
| 660 | | - | 985.04(6)(b) and (7), official records required by this chapter 443 |
|---|
| 661 | | - | are not open to inspection by the public, but may be inspected 444 |
|---|
| 662 | | - | only upon order of the court by persons deemed by the court to 445 |
|---|
| 663 | | - | have a proper intere st therein, except that a child and the 446 |
|---|
| 664 | | - | parents, guardians, or legal custodians of the child and their 447 |
|---|
| 665 | | - | attorneys, law enforcement agencies, the Department of Juvenile 448 |
|---|
| 666 | | - | Justice and its designees, the Florida Commission on Offender 449 |
|---|
| 667 | | - | Review, the Department of C orrections, and the Justice 450 |
|---|
| 643 | + | Section 15. Subsection (2) of section 985.045, Florida 426 |
|---|
| 644 | + | Statutes, is amended to read: 427 |
|---|
| 645 | + | 985.045 Court records. — 428 |
|---|
| 646 | + | (2) The clerk shall keep all official records required by 429 |
|---|
| 647 | + | this section separate from other records of the circuit court, 430 |
|---|
| 648 | + | except those records pertaining to motor vehicle violations, 431 |
|---|
| 649 | + | which shall be forwarded to the Department of Highway Safety and 432 |
|---|
| 650 | + | Motor Vehicles. Except as provided in ss. 943.053 and 433 |
|---|
| 651 | + | 985.04(6)(b) and (7), official records required by this chapter 434 |
|---|
| 652 | + | are not open to inspection by the public, but may be inspected 435 |
|---|
| 653 | + | only upon order of the court by persons deemed by the court to 436 |
|---|
| 654 | + | have a proper intere st therein, except that a child and the 437 |
|---|
| 655 | + | parents, guardians, or legal custodians of the child and their 438 |
|---|
| 656 | + | attorneys, law enforcement agencies, the Department of Juvenile 439 |
|---|
| 657 | + | Justice and its designees, the Florida Commission on Offender 440 |
|---|
| 658 | + | Review, the Department of C orrections, and the Justice 441 |
|---|
| 659 | + | Administrative Commission shall always have the right to inspect 442 |
|---|
| 660 | + | and copy any official record pertaining to the child. Offices of 443 |
|---|
| 661 | + | the public defender and criminal conflict and civil regional 444 |
|---|
| 662 | + | counsel offices shall have access to official records of 445 |
|---|
| 663 | + | juveniles on whose behalf they are expected to appear in 446 |
|---|
| 664 | + | detention or other hearings before an appointment of 447 |
|---|
| 665 | + | representation. The court may permit authorized representatives 448 |
|---|
| 666 | + | of recognized organizations compiling statistics for proper 449 |
|---|
| 667 | + | purposes to inspect, and make abstracts from, official records 450 |
|---|
| 680 | | - | Administrative Commission shall always have the right to inspect 451 |
|---|
| 681 | | - | and copy any official record pertaining to the child. Offices of 452 |
|---|
| 682 | | - | the public defender and criminal conflict and civil regional 453 |
|---|
| 683 | | - | counsel offices shall have access to official records of 454 |
|---|
| 684 | | - | juveniles on whose behalf they are expected to appear in 455 |
|---|
| 685 | | - | detention or other hearings before an appointment of 456 |
|---|
| 686 | | - | representation. The court may permit authorized representatives 457 |
|---|
| 687 | | - | of recognized organizations compiling statistics for proper 458 |
|---|
| 688 | | - | purposes to inspect, and make abstracts from, official records 459 |
|---|
| 689 | | - | under whatever conditions upon the use and disposition of such 460 |
|---|
| 690 | | - | records the court may deem proper and may punish by contempt 461 |
|---|
| 691 | | - | proceedings any violation of those conditions. 462 |
|---|
| 692 | | - | Section 16. For the purpose of incorporating the amendment 463 |
|---|
| 693 | | - | made by this act to section 112.19, Florida Statutes, in a 464 |
|---|
| 694 | | - | reference thereto, paragraph (e) of subsection (4) of section 465 |
|---|
| 695 | | - | 110.123, Florida Statutes, is reenacted to read: 466 |
|---|
| 696 | | - | 110.123 State group insurance program. — 467 |
|---|
| 697 | | - | (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION 468 |
|---|
| 698 | | - | ON ACTIONS TO PAY AND COLLECT PREMIUMS. — 469 |
|---|
| 699 | | - | (e) No state contribution for the cost of any part of the 470 |
|---|
| 700 | | - | premium shall be made for retirees or surviving spouses for any 471 |
|---|
| 701 | | - | type of coverage under the state gr oup insurance program. 472 |
|---|
| 702 | | - | However, any state agency that employs a full -time law 473 |
|---|
| 703 | | - | enforcement officer, correctional officer, or correctional 474 |
|---|
| 704 | | - | probation officer who is killed or suffers catastrophic injury 475 |
|---|
| 705 | | - | |
|---|
| 706 | | - | CS/CS/HB 383 2022 |
|---|
| 707 | | - | |
|---|
| 708 | | - | |
|---|
| 709 | | - | |
|---|
| 710 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 711 | | - | hb0383-02-c2 |
|---|
| 712 | | - | Page 20 of 20 |
|---|
| 713 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 714 | | - | |
|---|
| 715 | | - | |
|---|
| 716 | | - | |
|---|
| 717 | | - | in the line of duty as provided in s. 112.19, or a full -time 476 |
|---|
| 718 | | - | firefighter who is killed or suffers catastrophic injury in the 477 |
|---|
| 719 | | - | line of duty as provided in s. 112.191, shall pay the entire 478 |
|---|
| 720 | | - | premium of the state group health insurance plan selected for 479 |
|---|
| 721 | | - | the employee's surviving spouse until remarried, and for each 480 |
|---|
| 722 | | - | dependent child of the employee, subject to the conditions and 481 |
|---|
| 723 | | - | limitations set forth in s. 112.19 or s. 112.191, as applicable. 482 |
|---|
| 724 | | - | Section 17. For the purpose of incorporating the amendment 483 |
|---|
| 725 | | - | made by this act to section 112.19, Florida Statutes, in a 484 |
|---|
| 726 | | - | reference thereto, subsection (1) of section 112.1912, Florida 485 |
|---|
| 727 | | - | Statutes, is reenacted to read: 486 |
|---|
| 728 | | - | 112.1912 First responders; death benefits for educational 487 |
|---|
| 729 | | - | expenses.— 488 |
|---|
| 730 | | - | (1) As used in this section, the term "first responder" 489 |
|---|
| 731 | | - | means: 490 |
|---|
| 732 | | - | (a) A law enforcement, correcti onal, or correctional 491 |
|---|
| 733 | | - | probation officer as defined in s. 112.19(1) who is killed as 492 |
|---|
| 734 | | - | provided in s. 112.19(2) on or after July 1, 2019; 493 |
|---|
| 735 | | - | (b) A firefighter as defined in s. 112.191(1) who is 494 |
|---|
| 736 | | - | killed as provided in s. 112.191(2) on or after July 1, 2019; or 495 |
|---|
| 737 | | - | (c) An emergency medical technician or a paramedic, as 496 |
|---|
| 738 | | - | defined in s. 112.1911(1), who is killed as provided in s. 497 |
|---|
| 739 | | - | 112.1911(2) on or after July 1, 2019. 498 |
|---|
| 740 | | - | Section 18. This act shall take effect July 1, 2022. 499 |
|---|
| 680 | + | under whatever conditions upon the use and disposition of such 451 |
|---|
| 681 | + | records the court may deem proper and may punish by contempt 452 |
|---|
| 682 | + | proceedings any violation of those conditions. 453 |
|---|
| 683 | + | Section 16. This act shall take effect July 1, 2022. 454 |
|---|