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HB 115 — Sentencing

by Rep. Gaetz (SB 732 by Senator Abruzzo)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill amends the definition of “victim” in s. 775.089(1)(c), F.S., relating to restitution, to clarify that it includes governmental entities and political subdivisions when such entities are a direct victim of the defendant’s offense or criminal episode and are not merely providing public services in response to the offense or criminal episode.

The bill also requires a judge to order a person convicted of any offense relating to bribery and misuse of public office in ch. 838, F.S., or of any offense by public officers and employees in ch. 839, F.S., to make restitution to the victim and perform 250 hours of community service work. Restitution will be ordered if the judge finds that the victim suffered an actual financial loss caused directly or indirectly by the person’s offense or an actual financial loss related to the person’s criminal episode.

These conditions of restitution and community service work are in addition to any fine or sentence that may be imposed and they may not be substituted for such fine or sentence under the bill.

If approved by the Governor, these provisions take effect October 1, 2015.

Vote: Senate 39-0; House 114-0