CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. PCP 6001
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/05/2018           .                                

       The Committee on Style and Drafting (Jordan) recommended the
    1         CRC Amendment (with title amendment)
    3         Delete everything after the proposal clause
    4  and insert:
    5         Section 16 of Article I of the State Constitution is
    6  amended to read:
    7                              ARTICLE I                            
    8                        DECLARATION OF RIGHTS                      
    9         SECTION 16. Rights of accused and of victims.—
   10         (a) In all criminal prosecutions the accused shall, upon
   11  demand, be informed of the nature and cause of the accusation,
   12  and shall be furnished a copy of the charges, and shall have the
   13  right to have compulsory process for witnesses, to confront at
   14  trial adverse witnesses, to be heard in person, by counsel or
   15  both, and to have a speedy and public trial by impartial jury in
   16  the county where the crime was committed. If the county is not
   17  known, the indictment or information may charge venue in two or
   18  more counties conjunctively and proof that the crime was
   19  committed in that area shall be sufficient; but before pleading
   20  the accused may elect in which of those counties the trial will
   21  take place. Venue for prosecution of crimes committed beyond the
   22  boundaries of the state shall be fixed by law.
   23         (b) To preserve and protect the right of crime victims to
   24  achieve justice, ensure a meaningful role throughout the
   25  criminal and juvenile justice systems for crime victims, and
   26  ensure that crime victims’ rights and interests are respected
   27  and protected by law in a manner no less vigorous than
   28  protections afforded to criminal defendants and juvenile
   29  delinquents, every victim is entitled to the following rights,
   30  beginning at the time of his or her victimization:
   31         (1)The right to due process and to be treated with
   32  fairness and respect for the victim’s dignity.
   33         (2)The right to be free from intimidation, harassment, and
   34  abuse.
   35         (3)The right, within the judicial process, to be
   36  reasonably protected from the accused and any person acting on
   37  behalf of the accused. However, nothing contained herein is
   38  intended to create a special relationship between the crime
   39  victim and any law enforcement agency or office absent a special
   40  relationship or duty as defined by Florida law.
   41         (4)The right to have the safety and welfare of the victim
   42  and the victim’s family considered when setting bail, including
   43  setting pretrial release conditions that protect the safety and
   44  welfare of the victim and the victim’s family.
   45         (5)The right to prevent the disclosure of information or
   46  records that could be used to locate or harass the victim or the
   47  victim’s family, or which could disclose confidential or
   48  privileged information of the victim.
   49         (6) A victim shall have the following specific rights upon
   50  request:
   51         a. The right to reasonable, accurate, and timely notice of,
   52  and to be present at, all public proceedings involving the
   53  criminal conduct, including, but not limited to, trial, plea,
   54  sentencing, or adjudication, even if the victim will be a
   55  witness at the proceeding, notwithstanding any rule to the
   56  contrary. A victim shall also be provided reasonable, accurate,
   57  and timely notice of any release or escape of the defendant or
   58  delinquent, and any proceeding during which a right of the
   59  victim is implicated.
   60         b. The right to be heard in any public proceeding involving
   61  pretrial or other release from any form of legal constraint,
   62  plea, sentencing, adjudication, or parole, and any proceeding
   63  during which a right of the victim is implicated.
   64         c. The right to confer with the prosecuting attorney
   65  concerning any plea agreements, participation in pretrial
   66  diversion programs, release, restitution, sentencing, or any
   67  other disposition of the case.
   68         d. The right to provide information regarding the impact of
   69  the offender’s conduct on the victim and the victim’s family to
   70  the individual responsible for conducting any presentence
   71  investigation or compiling any presentence investigation report,
   72  and to have any such information considered in any sentencing
   73  recommendations submitted to the court.
   74         e. The right to receive a copy of any presentence report,
   75  and any other report or record relevant to the exercise of a
   76  victim’s right, except for such portions made confidential or
   77  exempt by law.
   78         f. The right to be informed of the conviction, sentence,
   79  adjudication, place and time of incarceration, or other
   80  disposition of the convicted offender, any scheduled release
   81  date of the offender, and the release of or the escape of the
   82  offender from custody.
   83         g. The right to be informed of all postconviction processes
   84  and procedures, to participate in such processes and procedures,
   85  to provide information to the release authority to be considered
   86  before any release decision is made, and to be notified of any
   87  release decision regarding the offender. The parole or early
   88  release authority shall extend the right to be heard to any
   89  person harmed by the offender.
   90         h. The right to be informed of clemency and expungement
   91  procedures, to provide information to the governor, the court,
   92  any clemency board, and other authority in these procedures, and
   93  to have that information considered before a clemency or
   94  expungement decision is made; and to be notified of such
   95  decision in advance of any release of the offender.
   96         (7) The rights of the victim, as provided in subparagraph
   97  (6)a., subparagraph (6)b., or subparagraph (6)c., that apply to
   98  any first appearance proceeding are satisfied by a reasonable
   99  attempt by the appropriate agency to notify the victim and
  100  convey the victim’s views to the court.
  101         (8) The right to the prompt return of the victim’s property
  102  when no longer needed as evidence in the case.
  103         (9) The right to full and timely restitution in every case
  104  and from each convicted offender for all losses suffered, both
  105  directly and indirectly, by the victim as a result of the
  106  criminal conduct.
  107         (10) The right to proceedings free from unreasonable delay,
  108  and to a prompt and final conclusion of the case and any related
  109  postjudgment proceedings.
  110         a. The state attorney may file a good faith demand for a
  111  speedy trial and the trial court shall hold a calendar call,
  112  with notice, within fifteen days of the filing demand, to
  113  schedule a trial to commence at a date at least five days but no
  114  more than sixty days after the date of the calendar call unless
  115  the trial judge enters an order with specific findings of fact
  116  justifying a trial date more than sixty days after the calendar
  117  call.
  118         b. All state-level appeals and collateral attacks on any
  119  judgment must be complete within two years from the date of
  120  appeal in non-capital cases and five years in capital cases,
  121  unless a court enters an order with specific findings as to why
  122  the court was unable to comply with this subparagraph and the
  123  circumstances causing the delay. Each year, the chief judge of
  124  any district court of appeal or the chief justice of the supreme
  125  court shall report on a case-by-case basis to the speaker of the
  126  house of representatives and the president of the senate all
  127  cases where the court entered an order regarding inability to
  128  comply with this subparagraph. The legislature may enact
  129  legislation to implement this subparagraph.
  130         (11) The right to be informed of these rights, and to be
  131  informed that victims can seek the advice of an attorney with
  132  respect to their rights. This information shall be made
  133  available to the general public and provided to all crime
  134  victims in the form of a card, or other means that is intended
  135  to effectively advise the victim of their rights under this
  136  section.
  137         (c) The victim, the retained attorney of the victim, a
  138  lawful representative of the victim, or the office of the state
  139  attorney upon request of the victim, may assert and seek
  140  enforcement of the rights enumerated in this section and any
  141  other right afforded to a victim by law in any trial or
  142  appellate court, or before any other authority with jurisdiction
  143  over the case, as a matter of right. The court or other
  144  authority with jurisdiction shall act promptly on such a
  145  request, affording a remedy by due course of law for the
  146  violation of any right. The reasons for any decision regarding
  147  the disposition of a victim’s right shall be clearly stated on
  148  the record.
  149         (d) The granting of these rights enumerated in this section
  150  to victims may not be construed to deny or impair any other
  151  rights possessed by victims. The provisions of this section
  152  apply throughout criminal and juvenile justice processes are
  153  self-executing and do not require implementing legislation. This
  154  section may not be construed to create any cause of action for
  155  damages against the state or a political subdivision of the
  156  state, or any officer, employee, or agent of the state or its
  157  political subdivisions.
  158         (e) As used in this section, a “victim” is a person who
  159  suffers direct or threatened physical, psychological, or
  160  financial harm as a result of the commission or attempted
  161  commission of a crime or delinquent act or against whom the
  162  crime or delinquent act is committed. The term “victim” includes
  163  the victim’s lawful representative, the parent or guardian of a
  164  minor, or the next of kin of a homicide victim, except upon a
  165  showing that the interest of such individual would be in actual
  166  or potential conflict with the interests of the victim. The term
  167  “victim” does not include the accused. The terms “crime” and
  168  “criminal” include delinquent acts and conduct Victims of crime
  169  or their lawful representatives, including the next of kin of
  170  homicide victims, are entitled to the right to be informed, to
  171  be present, and to be heard when relevant, at all crucial stages
  172  of criminal proceedings, to the extent that these rights do not
  173  interfere with the constitutional rights of the accused.
  175         Section 8 of Article V of the State Constitution is
  176  amended, and section 21 is added to that article, to read:
  177                              ARTICLE V                            
  178                              JUDICIARY                            
  179         SECTION 8. Eligibility.—No person shall be eligible for
  180  office of justice or judge of any court unless the person is an
  181  elector of the state and resides in the territorial jurisdiction
  182  of the court. No justice or judge shall serve after attaining
  183  the age of seventy-five seventy years except upon temporary
  184  assignment or to complete a term, one-half of which has been
  185  served. No person is eligible for the office of justice of the
  186  supreme court or judge of a district court of appeal unless the
  187  person is, and has been for the preceding ten years, a member of
  188  the bar of Florida. No person is eligible for the office of
  189  circuit judge unless the person is, and has been for the
  190  preceding five years, a member of the bar of Florida. Unless
  191  otherwise provided by general law, no person is eligible for the
  192  office of county court judge unless the person is, and has been
  193  for the preceding five years, a member of the bar of Florida.
  194  Unless otherwise provided by general law, a person shall be
  195  eligible for election or appointment to the office of county
  196  court judge in a county having a population of 40,000 or less if
  197  the person is a member in good standing of the bar of Florida.
  198         SECTION 21. Judicial interpretation of statutes and rules.
  199  In interpreting a state statute or rule, a state court or an
  200  officer hearing an administrative action pursuant to general law
  201  may not defer to an administrative agency’s interpretation of
  202  such statute or rule, and must instead interpret such statute or
  203  rule de novo.
  205         A new section is added to Article XII to the State
  206  Constitution to read:
  207                             ARTICLE XII                           
  208                              SCHEDULE                             
  209         Eligibility of justices and judges.—The amendment to
  210  Section 8 of Article V, which increases the age at which a
  211  justice or judge is no longer eligible to serve in judicial
  212  office except upon temporary assignment, shall take effect July
  213  1, 2019.
  215  BE IT FURTHER PROPOSED that the following statement be placed on
  216  the ballot:
  218         RIGHTS OF CRIME VICTIMS; JUDGES.—Creates constitutional
  219  rights for victims of crime; requires courts to facilitate
  220  victims’ rights; authorizes victims to enforce their rights
  221  throughout criminal and juvenile justice processes. Requires
  222  judges and hearing officers to independently interpret statutes
  223  and rules rather than deferring to government agency’s
  224  interpretation. Raises mandatory retirement age of state judges
  225  from seventy to seventy-five years; deletes authorization for
  226  judges to complete term if one-half of term has been served by
  227  retirement age.
  229  ================= T I T L E  A M E N D M E N T ================
  230  And the title is amended as follows:
  231         Delete everything before the proposal clause
  232  and insert:
  233                             REVISION 1                            
  235         A proposal to amend Section 16 of Article I of the
  236         State Constitution to revise and establish additional
  237         rights of victims of crime; create Section 21 of
  238         Article V of the State Constitution to require a state
  239         court or an administrative law judge to interpret a
  240         state statute or rule de novo in litigation between an
  241         administrative agency and a private party and not
  242         merely defer to the administrative agency’s
  243         interpretation; and amend Section 8 of Article V and
  244         to create a new section in Article XII of the State
  245         Constitution to increase the age after which a justice
  246         or judge may no longer serve in a judicial office.