Florida Senate - 2015                              CS for SB 312
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Detert and Gaetz
       
       
       
       
       586-02928-15                                           2015312c1
    1                        A bill to be entitled                      
    2         An act relating to restitution for juvenile offenses;
    3         amending s. 985.35, F.S.; conforming provisions to
    4         changes made by the act; amending s. 985.437, F.S.;
    5         requiring a child’s parent or guardian, in addition to
    6         the child, to make restitution for damage or loss
    7         caused by the child’s offense; providing for payment
    8         plans in certain circumstances; authorizing the parent
    9         or guardian to be absolved of liability for
   10         restitution in certain circumstances; authorizing the
   11         court to order restitution to be paid only by the
   12         parents or guardians who have current custody and
   13         parental responsibility of the child; specifying that
   14         the Department of Children and families, foster
   15         parents, a facility registered under s. 409.176, F.S.,
   16         and specified agencies contracted with the department
   17         are not guardians for purposes of restitution;
   18         amending s. 985.513, F.S.; removing duplicative
   19         provisions authorizing the court to require a parent
   20         or guardian to be responsible for any restitution
   21         ordered against the child; providing an effective
   22         date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (a) of subsection (4) of section
   27  985.35, Florida Statutes, is amended to read:
   28         985.35 Adjudicatory hearings; withheld adjudications;
   29  orders of adjudication.—
   30         (4) If the court finds that the child named in the petition
   31  has committed a delinquent act or violation of law, it may, in
   32  its discretion, enter an order stating the facts upon which its
   33  finding is based but withholding adjudication of delinquency.
   34         (a) Upon withholding adjudication of delinquency, the court
   35  may place the child in a probation program under the supervision
   36  of the department or under the supervision of any other person
   37  or agency specifically authorized and appointed by the court.
   38  The court may, as a condition of the program, impose as a
   39  penalty component restitution in money or in kind to be made by
   40  the child and the child’s parent or guardian as provided in s.
   41  985.437, community service, a curfew, urine monitoring,
   42  revocation or suspension of the driver license of the child, or
   43  other nonresidential punishment appropriate to the offense, and
   44  may impose as a rehabilitative component a requirement of
   45  participation in substance abuse treatment, or school or other
   46  educational program attendance.
   47         Section 2. Present subsection (5) of section 985.437,
   48  Florida Statutes, is renumbered as subsection (7), subsections
   49  (1), (2), and (4) are amended, and new subsections (5) and (6)
   50  are added to that section, to read:
   51         985.437 Restitution.—
   52         (1) Regardless of whether adjudication is imposed or
   53  withheld, the court that has jurisdiction over a an adjudicated
   54  delinquent child may, by an order stating the facts upon which a
   55  determination of a sanction and rehabilitative program was made
   56  at the disposition hearing, order the child and the child’s
   57  parent or guardian to make restitution in the manner provided in
   58  this section. This order shall be part of the child’s probation
   59  program to be implemented by the department or, in the case of a
   60  committed child, as part of the community-based sanctions
   61  ordered by the court at the disposition hearing or before the
   62  child’s release from commitment.
   63         (2) If the court orders restitution, the court shall may
   64  order the child and the child’s parent or guardian to make
   65  restitution in money, through a promissory note cosigned by the
   66  child’s parent or guardian, or in kind for any damage or loss
   67  caused by the child’s offense in a reasonable amount or manner
   68  to be determined by the court. When restitution is ordered by
   69  the court, the amount of restitution may not exceed an amount
   70  the child and the parent or guardian could reasonably be
   71  expected to pay or make. If the child and the child’s parent or
   72  guardian are unable to pay the restitution in one lump-sum
   73  payment, the court may set up a payment plan that reflects their
   74  ability to pay the restitution amount.
   75         (4) The parent or guardian may be absolved of liability for
   76  restitution under this section if:
   77         (a) After a hearing, the court finds that it is the child’s
   78  first referral to the delinquency system and A finding by the
   79  court, after a hearing, that the parent or guardian has made
   80  diligent and good faith efforts to prevent the child from
   81  engaging in delinquent acts; or
   82         (b) The victim entitled to restitution as a result of
   83  damage or loss caused by the child’s offense is that child’s
   84  absolves the parent or guardian of liability for restitution
   85  under this section.
   86         (5) The court may only order restitution to be paid by the
   87  parents or guardians who have current custody and parental
   88  responsibility.
   89         (6) For purposes of this section, the Department of
   90  Children and Families, a foster parent with whom the child is
   91  placed, or the community-based care lead agency supervising the
   92  placement of the child pursuant to a contract with the
   93  Department of Children and Families, or a facility registered
   94  under s. 409.176 is not considered a guardian responsible for
   95  restitution for the delinquent acts of a child who is found to
   96  be dependent as defined in s. 39.01(15).
   97         Section 3. Subsection (1) of section 985.513, Florida
   98  Statutes, is amended to read:
   99         985.513 Powers of the court over parent or guardian at
  100  disposition.—
  101         (1) The court that has jurisdiction over an adjudicated
  102  delinquent child may, by an order stating the facts upon which a
  103  determination of a sanction and rehabilitative program was made
  104  at the disposition hearing,:
  105         (a) order the child’s parent or guardian, together with the
  106  child, to render community service in a public service program
  107  or to participate in a community work project. In addition to
  108  the sanctions imposed on the child, the court may order the
  109  child’s parent or guardian to perform community service if the
  110  court finds that the parent or guardian did not make a diligent
  111  and good faith effort to prevent the child from engaging in
  112  delinquent acts.
  113         (b) Order the parent or guardian to make restitution in
  114  money or in kind for any damage or loss caused by the child’s
  115  offense. The court may also require the child’s parent or legal
  116  guardian to be responsible for any restitution ordered against
  117  the child, as provided under s. 985.437. The court shall
  118  determine a reasonable amount or manner of restitution, and
  119  payment shall be made to the clerk of the circuit court as
  120  provided in s. 985.437. The court may retain jurisdiction, as
  121  provided under s. 985.0301, over the child and the child’s
  122  parent or legal guardian whom the court has ordered to pay
  123  restitution until the restitution order is satisfied or the
  124  court orders otherwise.
  125         Section 4. This act shall take effect July 1, 2015.