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.