HB 665

1
A bill to be entitled
2An act relating to conditions of probation; amending s.
3948.032, F.S.; requiring a defendant's probation officer
4to evaluate certain specified factors before alleging to
5the court that the defendant has violated his or her
6probation because the defendant failed to pay court-
7ordered restitution; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 948.032, Florida Statutes, is amended
12to read:
13     948.032  Condition of probation; restitution.-
14     (1)  If a defendant is placed on probation, any restitution
15ordered under s. 775.089 shall be a condition of the probation.
16The court may revoke probation if the defendant fails to comply
17with the order.
18     (2)  When deciding whether to allege a violation of
19probation because the defendant failed to pay his or her court-
20ordered restitution, the probation officer shall evaluate and
21document for the court's consideration the defendant's
22employment status, earning ability, and financial resources; the
23willfulness of the defendant's failure to pay; and any other
24special circumstance that may have a bearing on the defendant's
25ability to pay.
26     (3)  In determining whether to revoke probation, the court
27shall consider the defendant's employment status, earning
28ability, and financial resources; the willfulness of the
29defendant's failure to pay; and any other special circumstances
30that 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.