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  • State Of Florida Plaintiff vs. Alphonso Flowers Defendant Involuntary Civil Commitment of Sexually Violent Predators document preview
  • State Of Florida Plaintiff vs. Alphonso Flowers Defendant Involuntary Civil Commitment of Sexually Violent Predators document preview
  • State Of Florida Plaintiff vs. Alphonso Flowers Defendant Involuntary Civil Commitment of Sexually Violent Predators document preview
  • State Of Florida Plaintiff vs. Alphonso Flowers Defendant Involuntary Civil Commitment of Sexually Violent Predators document preview
						
                                

Preview

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