Bill Text: FL H0665 | 2011 | Regular Session | Introduced

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Bill Title: Conditions of Probation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0665 Detail]

Download: Florida-2011-H0665-Introduced.html

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HB 665

1	A bill to be entitled
2	An act relating to conditions of probation; amending s.
3	948.032, F.S.; requiring a defendant's probation officer
4	to evaluate certain specified factors before alleging to
5	the court that the defendant has violated his or her
6	probation because the defendant failed to pay court-
7	ordered restitution; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Section 948.032, Florida Statutes, is amended
12	to read:
13	948.032  Condition of probation; restitution.-
14	(1)  If a defendant is placed on probation, any restitution
15	ordered under s. 775.089 shall be a condition of the probation.
16	The court may revoke probation if the defendant fails to comply
17	with the order.
18	(2)  When deciding whether to allege a violation of
19	probation because the defendant failed to pay his or her court-
20	ordered restitution, the probation officer shall evaluate and
21	document for the court's consideration the defendant's
22	employment status, earning ability, and financial resources; the
23	willfulness of the defendant's failure to pay; and any other
24	special circumstance that may have a bearing on the defendant's
25	ability to pay.
26	(3)  In determining whether to revoke probation, the court
27	shall consider the defendant's employment status, earning
28	ability, and financial resources; the willfulness of the
29	defendant's failure to pay; and any other special circumstances
30	that may have a bearing on the defendant's ability to pay.
31	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.