Doc # 2005215644, OR BK 12544 Page 668, 1 Of 3 Filed & Recorded 06/10/2005 at
04 07 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY
:
"
FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, DIVISION CR-C, FLO DAF I
IN THE
LED
'
JUN
DIVISION CR-C ADMINISTRATIVE ORDER NO. 200
IN RE:
01
0 9 2005
pt: yma,.
J
Filing of Notice of Applicability of Section 994.0235, Florid
.
Medroxyprogesterone Acetate
WHEREAS, the Florida Legislature, by enactment of` Section 994.0235, Florida Statutes,
requires that any person convicted of sexual battery as defined in Section 794.01 1, Florida Statutes,
"maY’ be subject to a sentence involving the administration of medroxyprogesterone acetate;
WHEREAS, the Florida Legislature, by enactment of Section 994.0235, Florida Statutes,
any person convicted of sexual battery as defined Section 794.011, Florida
Statutes,
"shall" be subject to a sentence involving the administration ofmedroxyprogesterone acetate if such
person has a prior conviction for sexual battery under Section 794.011;
WHEREAS, the undersigned Presiding Judge seeks to comply with the legislative mandate
set forth in Section
994.0235, Florida Statutes;
NOW, THEREFORE, pursuant to
Division
the authority vested in
me
as the Presiding Judge in
CR-C of the Circuit Court, in and for Duval County, Florida, it is hereby
ORDERED:
(A) This Administrative Order applies to
all
criminal proceedings hereafter commenced or
now pending in Division CR-C of the Circuit Court in and for Duval County, Florida.
(B)
In every prosecution which will result in the conviction of a person for sexual battery
under Section 794.011, Florida Statutes, the State Attorney,
acceptance of a negotiated plea
sentence, shall file
an
or, in all other cases, at
original Notice
at
any time prior
to the Court’s
any time prior to entry of a judgment of`
of Applicability of Section 994.0235, Florida
I
°'"°"" °°"'"
Authorizing or Requiring Treatment of Defendant With
requires that
j
Statutes,
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12544
PAGE
669
Authorizing 0r Requiring Treatment of Defendant With Medroxyprogesterone Acetate with the
Clerk, and shall provide copies of such notice in
open court to defense counsel, or to the defendant
if uncounseled, as well as the Presiding Judge.
(C) Such notice shall state: (1) that the defendant has in the instant prosecution either entered
into a negotiated plea which has not yet
been accepted by the Court or has previously pled without
such a negotiated plea, or has otherwise been found guilty of sexual battery under Section 794.01 1,
Florida Statutes following trial; (2) whether the defendant has ever been previously convicted of
sexual battery under Section 794.011, Florida Statutes, and shall provide either as an exhibit or as
a separate filing prior to entry of a final judgment of conviction a certified copy of such prior
conviction or such other evidence as the Court deems sufficient as proof of the prior conviction; and
(3)
whether the State Attorney contends, based on the presence or absence of any prior conviction,
that a sentence involving the treatment
discretionary or mandatory.
of the defendant with medroxyprogesterone acetate
is
A standard form for such notice is attached hereto as Exhibit "A."
further Order
(D) This Order shall take effect immediately and shall remain in effect until
of the Court.
(E)
This Administrative Order shall be recorded in the Official Records of Duval County
in the State of Florida, and certified copies ofthe
same shall be f`urnished by the Clerk ofthe Circuit
Court for Duval County and to each entity listed below.
DONE and ORDERED in Duval County, Florida, this
day of June, 2005.
\
CIRCUIT JUDGE
cc:
Honorable Jim Fuller, Clerk of Courts, Duval
Harry Shorstien, State Attorney
William P. White, Public Defender
r
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12544
670
PAGE
EXHIBIT "A"
‘
`
THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY
IN
CASE NO.:
DIVISION:
State of Florida,
vs.
,
Defendant.
/
NOTICE OF APPLICABILITY OF SECTION 994.0235,
FLORIDA STATUTES, AUTHORIZING OR REQUIRING
TREATMENT OF DEFENDANT WITH MEDROXYPROGESTERONE ACETATE
The
State Attorney hereby gives notice
Statutes, based
1.
of the applicability of Section 994.0235, Florida
upon the following reasons (check appropriate blanks):
The defendant has
in the instant prosecution
entered into a negotiated plea of guilty or no contest to sexual
battery under Section 794.011, Florida Statutes, which has not yet
been accepted by the Court or
has previously pled guilty or no contest without a negotiated plea to
sexual battery under Section 794.011, 0r
has been found guilty of sexual battery under Section 794.011, Florida
Statutes, following trial.
2.
The defendant
has not ever been previously convicted for
has 0r
is attached or
Proof of such conviction
sexual battery under Section 794.011.
will
be submitted separately.
3.
The
State
Attomey contends, based on
the presence or absence of any prior conviction,
that a sentence involving the treatment of the defendant with medroxyprogesterone acetate
discretionary 0r
is
mandatory.
ASSISTANT STATE ATTORNEY
COPIES TO:
Defense Counsel/Uncounseled Defendant
Presiding Judge