Bill Amendment: FL S1438 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Restitution for Juvenile Offenses

Status: 2013-05-03 - Died in Criminal Justice [S1438 Detail]

Download: Florida-2013-S1438-Criminal_Justice_Committee_Amendment_Delete_All_975030.html

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       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1438
       
       
       
       
       
       
                                Barcode 975030                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 985.437, Florida
    6  Statutes, is renumbered as subsection (4), and subsection (2)
    7  and present subsection (4) of that section are amended, to read:
    8         985.437 Restitution.—
    9         (2)(a) The court shall may order the child and the child’s
   10  parent or guardian to make restitution in money, through a
   11  promissory note cosigned by the child’s parent or guardian, or
   12  in kind for any damage or loss caused by the child’s offense in
   13  a reasonable amount or manner to be determined by the court.
   14  When restitution is ordered by the court, the amount of
   15  restitution may not exceed an amount the child and the parent or
   16  guardian could reasonably be expected to pay or make. If the
   17  child and the child’s parent or guardian are unable to pay the
   18  restitution in one lump-sum payment, the court may set up a
   19  payment plan that reflects their ability to pay the restitution
   20  amount.
   21         (b) Notwithstanding paragraph (a), the court may not order
   22  the child or the child’s parent or guardian to make restitution
   23  in money if the offense committed by the child is a first
   24  nonviolent offense. A child who commits a second or subsequent
   25  offense shall pay restitution in money as required under
   26  paragraph (a)
   27         (4) A finding by the court, after a hearing, that the
   28  parent or guardian has made diligent and good faith efforts to
   29  prevent the child from engaging in delinquent acts absolves the
   30  parent or guardian of liability for restitution under this
   31  section.
   32         Section 2. Subsection (1) of section 985.513, Florida
   33  Statutes, is amended to read:
   34         985.513 Powers of the court over parent or guardian at
   35  disposition.—
   36         (1) The court that has jurisdiction over an adjudicated
   37  delinquent child may, by an order stating the facts upon which a
   38  determination of a sanction and rehabilitative program was made
   39  at the disposition hearing,:
   40         (a) order the child’s parent or guardian, together with the
   41  child, to render community service in a public service program
   42  or to participate in a community work project. In addition to
   43  the sanctions imposed on the child, the court may order the
   44  child’s parent or guardian to perform community service if the
   45  court finds that the parent or guardian did not make a diligent
   46  and good faith effort to prevent the child from engaging in
   47  delinquent acts.
   48         (b) Order the parent or guardian to make restitution in
   49  money or in kind for any damage or loss caused by the child’s
   50  offense. The court may also require the child’s parent or legal
   51  guardian to be responsible for any restitution ordered against
   52  the child, as provided under s. 985.437. The court shall
   53  determine a reasonable amount or manner of restitution, and
   54  payment shall be made to the clerk of the circuit court as
   55  provided in s. 985.437. The court may retain jurisdiction, as
   56  provided under s. 985.0301, over the child and the child’s
   57  parent or legal guardian whom the court has ordered to pay
   58  restitution until the restitution order is satisfied or the
   59  court orders otherwise.
   60         Section 3. This act shall take effect July 1, 2013.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63         And the title is amended as follows:
   64         Delete everything before the enacting clause
   65  and insert:
   66                        A bill to be entitled                      
   67         An act relating to restitution for juvenile offenses;
   68         amending s. 985.437, F.S.; requiring a child’s parent
   69         or guardian, in addition to the child, to make
   70         restitution for damage or loss caused by the child’s
   71         offense; providing for payment plans in certain
   72         circumstances; prohibiting a court from ordering a
   73         child or his or her parent or guardian to make
   74         restitution in money if the offense committed by the
   75         child is his or her first nonviolent offense;
   76         requiring a child or his or her parent or guardian to
   77         pay restitution if the child commits a second or
   78         subsequent offense; deleting provisions for absolving
   79         the parent or guardian of liability for restitution in
   80         certain circumstances; amending s. 985.513, F.S.;
   81         removing duplicate language authorizing the court to
   82         require a parent or guardian to be responsible for any
   83         restitution ordered against the child; providing an
   84         effective date.