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INSTR # 113213894 Page 1 of 6, Recorded 09/04/2015 at 12:34 PM
Broward County Commission, Deputy Clerk ERECORD
; L : #4 FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 9/2/2015 11:16:42 AM.****
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
JUDGE: JACK TUTER
* PETITION NO. 15-13132 (Q4
IN RE THE COMMITMENT OF:
ALPHONSO FLOWERS,
Respondent.
SETTLEMENT AGREEMENT AND STIPULATION
THIS AGREEMENT AND STIPULATION made this 2 day of September, 2015, between
the Office of the State Attorney for the Seventeenth Judicial Circuit for the State of Florida, herein
ce to as the Petitioner, and ALPHONSO FLOWERS, hereinafter referred to as the Respondent.
GENERAL PROVISIONS
Each party has been represented by an attorney during the negotiation and preparation of this
Settlement Agreement and Stipulation [Agreement]. The terms and conditions of this Agreement
have been fully explained to the Respondent by his attorney and the Respondent is fully aware of its
contents and of its legal effect. hy Ee
This Agreement constitutes the entire understanding or agreement between the parties. There
are no representations or warranties other than those contained herein.
This Agreement shall not be modified except by an order, entered by a court of competent
jurisdiction, after filing of appropriate pleadings and after proper notice to all parties. Proper notice
for any action pertaining to this Agreement shall be notice provided by regular U. S. Mail to the
Respondent's last know address, as provided infra.
The laws of Florida shall govern the validity, construction, interpretation and effect of this
Agreement. In the event any provision or provisions of this Agreement are held to be contrary to, or
invalid under, the laws of the State of Florida, such invalidity shall not effect the remaining
provisions of this Agreement, all of which shall continue to remain in full force and effect. hy&
The consideration for this Agreement is the mutual benefits to be obtained by each of the
parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of
the consideration for all the terms and conditions contained in this Agreement is admitted by each
party, PEINSTR # 113213894 Page 2 of 6
SETTLEMENT AGREEMENT AND STIPULATION
Petition No.
Judge
Page 2 of
The Respondent, ALPHONSO FLOWERS, is the subject of a petition for civil commitment
[Petition] pursuant to 394.910, et seq. Florida Statutes, The Involuntary Civil Commitment of
Sexually Violent Predators Act [The Act] filed by the Petitioner on or about September 15, 2014.
Ar
The Petition established that the Respondent was adjudicated of a sexually violent/motivated
offense in Broward Count, FL, ie., case numbers:,89-024459cfl0a, 89-25820cf10a, 90-
000693cf10a, 90-000694cf10a, and 90-007265cfl 0a. Ae
On or about July 30, 2015, the court entered an order finding probable cause to believe that
the Respondent is a sexually violent predator and directing that at the end of his incarceration with
DOC the Respondent shall be detained by the Department of Children and Families [DCF] in an
appropriate secure facility pending a civil commitment trial.
The Respondent was released from the custody of the Department of Corrections [DOC] on
August 7,2015.
The Respondent has remained in custody of DCF, at the Florida Civil Commitment Center
[FCCC], since the entry of the order determining probable cause and his release from the DOC.
****Subsequent to the entry of the order finding probable cause, the Respondent has
voluntarily participated in the sex offender treatment program offered at the FCCC.
Upon the Respondent's successful completion of the terms and conditions outlined here, the
Petitioner agrees to ask the court to vacate any Order of Commitment entered herein and dismiss the
underlying action for civil commitment. However, in no event shall there be a vacation of any Order
of Commitment to FCCC, pursuant to the Act [Order of Commitment], or a dismissal of the action in
less than ( undetermined) years from the adoption of this Agreement by the Court.
The Respondent's successful completion of the terms and conditions of this Agreement shall
be determined upon a motion filed by either party and an order entered by the Court, after proper
notice and opportunity to be heard has been given to the parties. hE
Notice to the Respondent, as applies to the provisions contained in this Agreement, shall be
accomplished by regular U. S. Mail delivered to the last known address of the Respondent, as
provided to the Petitioner, infra.
Should the Petitioner determine that the Respondent is in violation of this Agreement, theINSTR # 113213894 Page 3 of 6
Petitioner shall provide a Notice of such violation, supported by affidavit, to the Court of Jurisdiction
and that Court shall set a violation hearing. The Respondent shall be given notice of the violation
hearing. If the Court, without benefit of a jury, determines by a preponderance of the evidence that
the Respondent has violated this Agreement, the Court shall then enter an Order of Commitment,
declaring the Respondent to be a Sexually Violent Predator and confine the Respondent to the FCCC
for long-term confinement, care and treatment, pursuant to The Act.
Failure of the Respondent to appear at any noticed Violation Hearing or hearing on a Rule to
Show Cause, without good cause established by clear and convincing evidence, is a material breach
of this Agreement. RE
At a violation hearing, or at a hearing on a Rule to Show Cause, in the Respondent's
presence, or absence, where the Respondent failed to appear after proper notice, the Court shall
determine if there is probable cause to believe that the Respondent has breached any
material/significant condition of this Agreement or is in contempt of Court. If the Court finds that
there is Probable Cause, the Court shall issue a Writ of Bodily Attachment and Order of
Commitment for the immediate confinement of the Respondent at the FCCC. The Respondent shall
remain at that facility until further notice of the Court. The Writ of Bodily Attachment and Order of
Commitment may be served by any duly authorized bailiff, any certified law enforcement officer of
this or any other state of the United States of America, and/or any federal law enforcement officers.
In furtherance of this provision, the parties agree that the Petitioner may proceed by any means
reasonably necessary to physically detain the Respondent and deliver him to an appropriate secure
facility.
The parties agree that the Court's finding, after hearing on a Motion for a Rule to Show
Cause, that the Respondent is in contempt of court, as relates to any aspects of this Agreement or the
Petition proceedings, shall result in the issuance, forthwith, of a Writ of Bodily Attachment and an
Order of Commitment. WE
Should the Court determine, by a preponderance of the evidence, that the Respondent has
failed to comply with any of the general provisions, terms, and/or conditions of this Agreement, the
parties agree that the Order of Commitment declaring the Respondent to be a Sexually Violent
Predator, pursuant to The Act, shall become immediately effective, and the Respondent agrees to
voluntarily, and immediately, present himself for detention at the FCCC, or other appropriate secure
facility approved by the Petitioner.
Should the Respondent fail to provide proof of compliance with every one of the
requirements as stated in this Agreement within (4) years of the effective date hereof, even though
the Respondent may have remained at liberty, for whatever reason, this Agreement shall expire, and
any representations contained herein shal! be considered null and void. In that event, the parties
agree that the Order of Commitment shall be immediately effective, and the Respondent agrees to
voluntarily, and immediately, present himself for detention at the FCCC, or other secure facility
approved by the Petitioner. Should the Respondent fail to present himself voluntarily for
commitment, the parties agree that the Petitioner may proceed by any means reasonably necessary to
physically detain the Respondent and deliver him to an appropriate secure facility. Mx&
The Respondent hereby waives any and all rights he may have to contest the Petitioner'sINSTR # 113213894 Page 4 of 6
enforcement of an Order of Commitment. This waiver includes, but is not limited to, any
jurisdictional arguments that might otherwise be applicable to this action. QSe_
The parties agree that the Circuit Court for the Seventeenth Judicial Circuit, in and for
Broward County, Florida, shall retain jurisdiction over this matter to enforce, and/or modify the
provisions of this Agreement. RE
The parties agree and understand that this Agreement applies only to the action now pending
before the Court, and any subsequent amendments thereto. Should the Respondent, at some future
time, engage in activity that once again subjects him to the statutory provisions contained in The Act,
the terms and conditions of this Agreement shall not be binding upon, or a limitation to, the
Petitioner, and is this Agreement shall not be relevant to any action as may then be deemed
appropriate by the Petitioner.
Upon the expiration of the time period for this Agreement, either of the parties may file a
notice of hearing for the termination of the Agreement and dismissal of the cause of action. Notice
of hearing shall be served upon the Respondent. The Respondent must appear any such hearing.
Failure to appear is a material breach of the Agreement that shall result, forthwith, in the issuance of
a Writ of Bodily Attachment and an Order of Commitment. \&
TERMS AND CONDITIONS
The Respondent agrees that he shall commit no new criminal violations of the law. Proof of
an arrest for a criminal offense is sufficient Probable Cause for a Violation Hearing. A showing, by
a preponderarice of the evidence, that the Respondent has committed a said criminal offense is
sufficient for the Court to find the Respondent in material breach of this Agreement and the Court
shall, forthwith, issue a Writ of Bodily Attachment and Order of Commitment. AY
The Respondent agrees to keep the Petitioner informed of his current residential and business
addresses. Should he move his residence of place of business, the Respondent agrees to notify the
Petitioner, in writing, of his new address(es) within forty-eight (48) hours of any such change.
Failure to provide this information, as indicated above, is a material breach of this Agreement.
The Respondent agrees to have no contact with any victim of a previous crime for which he
was arrested and prosecuted. The prohibition includes all contact, whether direct or indirect,
including contact through a third person, unless such contact is recommended and approved by the
Respondent's therapist, the victim(s), and the Petitioner. Approval of the victim(s) and the therapist
may be evidenced by a signed, notarized statement from those persons.
***The Respondent shall enroll in and successfully complete the sexual offender treatment
program provided by , or any other program approved by the Petitioner. The
Respondent shall enroll in treatment within seven (7) days of his release from confinement at the
FCCC. This program may include both individual and group counseling, and/or any other
therapeutic intervention and testing, including, but not limited to, polygraph and/or penile
plethysmograph [PPG], as recommended by the treatment provider. The Respondent agrees to
actively and appropriately participate in the treatment and testing recommended, including the takingINSTR # 113213894 Page 5 of 6
of any prescribed medications. Any failure to participate in ent or testing required by the
treatment provider is a material breach of this Agreement. 7
The Respondent agrees to be financially responsible for the payment of any and all fees
associated with the treatment program and/or other therapeutic intervention and testing
recommended by the treatment provider. If the Respondent fails to attend, continue or complete the
therapeutic treatment and intervention for any reason, including, but not limited to, financial reasons,
is a material breach of this Agreement. Ar
The Respondent agrees to voluntarily submit to a psychological evaluation with a
psychologist approved by the Petitioner. The Respondent agrees to schedule this appointment within
seven (7) days of his release from custody. The appointment for the evaluation shall be set at the
convenience of the evaluator. However, the Respondent agrees that the evaluation shall be
conducted no later than thirty (30) days from the date of his release from the custody of the DOC or
the DCF, whichever date is later. The Respondent agrees that he will not reschedule or cancel the
evaluation appointment except in the case of medical emergency. Should the Respondent
reschedule, cancel or fail to appear for the appointment, without providing proof of a medical
emergency, evidenced by an affidavit of a medical doctor, licensed by the State of Florida, the
Petitioner, at the Petitioner's sole discretion, may file a motion and request the court to enter an order
declaring the Respondent to be in material breach of the terms of this Agreement. ie
The Respondent agrees to follow through with, and successfully complete treatment
recommended by the psychological evaluation, supra. The Respondent agrees to actively and
appropriately participate in the treatment recommended. Any failure to adequately participate in the
treatment shall be deemed a breach of this Agreement.
The Respondent agrees to be financially responsible for the payment of any and all fees
associated with the psychological evaluation and any treatment recommended therein. BE
The Respondent agrees to be financially responsible for the payment of any and all fees
associated with the domestic violence program and any treatment recommended therein.
The Respondent shall insure that monthly, periodic reports are produced by the various
treatment programs and/or treatment providers required by this Agreement. The reports shall
specifically document the Respondent's participation and progress within the various treatments or
programs, The Respondent shall execute any and all necessary "releases of information" to insure
that the required report will be available to the Petitioner. It shall be the responsibility of the
Respondent to insure that such reports are supplied to the Petitioner at the Office of the State
Attorney, 201 SE 6th Street, Suite 675, Ft. Lauderdale, FL 33301. The reports shall be provided on
or before the 15" day of each month, commencing not later than thirty (30) days after his registration
in any program, or participation in any evaluation or required treatment. Any failure to provide the
required report for a period of two (2) months (consecutive or non-consecutive) shall be deemed a
material breach of this Agreement.INSTR # 113213894 Page 6 of 6, End of Document
current-eonfinenienit at the FCCE>
The Respondent agrees to waive extradition from any other jurisdiction upon the Petitioner's
filing of an affidavit of violation of this Agreement and the issuance of a Writ of Bodily Attachment
and/or an Order of Commitment. The Respondent agrees that a showing of this Agreement and the
said Writ or Order is sufficient to establish such waiver of extradition.
All provisions of this agreement shall become immediately effective when the Stipulation has
been signed by all parties. Immediately thereafter, the respective attorneys shall jointly request the
Circuit Court of the Seventeenth Judicial Circuit to enter an appropriate order approving this
Stipulation. he
(iphen wer (ann Sow An
PHONSO FLOWERS TARA SULLIVAN
Assistant State Attorney
For the Petitioner
IRlO1