Bill Text: FL S0732 | 2015 | Regular Session | Introduced

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Bill Title: Sentencing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see HB 115 (Ch. 2015-132) [S0732 Detail]

Download: Florida-2015-S0732-Introduced.html

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       Florida Senate - 2015                                     SB 732
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00666-15                                            2015732__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 775.089,
    3         F.S.; revising the definition of the term “victim” to
    4         include governmental entities and political
    5         subdivisions in certain instances; creating ss. 838.23
    6         and 839.27, F.S.; requiring the sentencing judge to
    7         order restitution and a specified number of community
    8         service work hours for violations of chapter 838,
    9         F.S., relating to bribery and misuse of public office,
   10         or chapter 839, F.S., relating to offenses by public
   11         officers and employees; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (1) of section
   16  775.089, Florida Statutes, is amended to read:
   17         775.089 Restitution.—
   18         (1)
   19         (c) The term “victim” as used in this section and in any
   20  provision of law relating to restitution means:
   21         1. Each person who suffers property damage or loss,
   22  monetary expense, or physical injury or death as a direct or
   23  indirect result of the defendant’s offense or criminal episode,
   24  and also includes the victim’s estate if the victim is deceased,
   25  and the victim’s next of kin if the victim is deceased as a
   26  result of the offense. The term includes governmental entities
   27  and political subdivisions, as those terms are defined in s.
   28  11.45, when such entities are a direct victim of the defendant’s
   29  offense or criminal episode and not merely providing public
   30  services in response to the offense or criminal episode.,
   31         2. The term also includes and the victim’s trade
   32  association if the offense is a violation of s. 540.11(3)(a)3.
   33  involving the sale, or possession for purposes of sale, of
   34  physical articles and the victim has granted the trade
   35  association written authorization to represent the victim’s
   36  interests in criminal legal proceedings and to collect
   37  restitution on the victim’s behalf. The restitution obligation
   38  in this subparagraph paragraph relating to violations of s.
   39  540.11(3)(a)3. applies only to physical articles and does not
   40  apply to electronic articles or digital files that are
   41  distributed or made available online. As used in this
   42  subparagraph paragraph, the term “trade association” means an
   43  organization founded and funded by businesses that operate in a
   44  specific industry to protect their collective interests.
   45         Section 2. Section 838.23, Florida Statutes, is created to
   46  read:
   47         838.23 Restitution and community service.—A person who is
   48  convicted of any offense in this chapter shall be ordered by the
   49  sentencing judge to make restitution to the victim of the
   50  offense if, after conducting a hearing, the judge finds that the
   51  victim suffered an actual financial loss caused directly or
   52  indirectly by the person’s offense or an actual financial loss
   53  related to the person’s criminal episode. A person who is
   54  convicted of any offense in this chapter shall also be ordered
   55  to perform 250 hours of community service work. Restitution and
   56  community service work shall be in addition to any fine or
   57  sentence that may be imposed and may not be in lieu thereof.
   58         Section 3. Section 839.27, Florida Statutes, is created to
   59  read:
   60         839.27 Restitution and community service.—A person who is
   61  convicted of any offense in this chapter shall be ordered by the
   62  sentencing judge to make restitution to the victim of the
   63  offense if, after conducting a hearing, the judge finds that the
   64  victim suffered an actual financial loss caused directly or
   65  indirectly by the person’s offense or an actual financial loss
   66  related to the person’s criminal episode. A person who is
   67  convicted of any offense in this chapter shall also be ordered
   68  to perform 250 hours of community service work. Restitution and
   69  community service work shall be in addition to any fine or
   70  sentence that may be imposed and may not be in lieu thereof.
   71         Section 4. This act shall take effect October 1, 2015.