Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1880
       
       
       
       
       
       
                                Ì461968ZÎ461968                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2020           .                                
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       The Committee on Criminal Justice (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 985.437, Florida Statutes, is amended to
    6  read:
    7         985.437 Restitution.—
    8         (1) Regardless of whether adjudication is imposed or
    9  withheld, the court that has jurisdiction over a an adjudicated
   10  delinquent child may, by an order stating the facts upon which a
   11  determination of a sanction and rehabilitative program was made
   12  at the disposition hearing, order the child and the child's
   13  parent or guardian to make restitution in the manner provided in
   14  this section. This order shall be part of the child's probation
   15  program to be implemented by the department or, in the case of a
   16  committed child, as part of the community-based sanctions
   17  ordered by the court at the disposition hearing or before the
   18  child’s release from commitment.
   19         (2) If the court orders restitution, the court shall may
   20  order the child and the child’s parent or guardian, as provided
   21  under s. 985.513, to make restitution in money, through a
   22  promissory note signed by the child and cosigned by the child’s
   23  parent or guardian, or in kind for any damage or loss caused by
   24  the child’s offense in a reasonable amount or manner to be
   25  determined by the court. When restitution is ordered by the
   26  court, the amount of restitution may not exceed an amount the
   27  child and the child’s parent or guardian could reasonably be
   28  expected to pay or make. If the child and the child’s parent or
   29  guardian are unable to make restitution in kind or pay the
   30  restitution in one lump sum, the court may establish a payment
   31  plan based on the child’s and the child’s parent or guardian’s
   32  ability to pay the restitution amount.
   33         (3) The clerk of the circuit court shall be the receiving
   34  and dispensing agent. In such case, the court shall order the
   35  child and or the child’s parent or guardian to pay to the office
   36  of the clerk of the circuit court an amount not to exceed the
   37  actual cost incurred by the clerk as a result of receiving and
   38  dispensing restitution payments. The clerk shall notify the
   39  court if restitution is not made or if a restitution payment
   40  plan is not followed, and the court shall take any further
   41  action that is necessary against the child and or the child’s
   42  parent or guardian.
   43         (4) A finding by the court, after a hearing, that the
   44  parent or guardian has made diligent and good faith efforts to
   45  prevent the child from engaging in delinquent acts absolves the
   46  parent or guardian of liability for restitution under this
   47  section.
   48         (5) The court may retain jurisdiction over a child and the
   49  child’s parent or legal guardian whom the court has ordered to
   50  pay restitution until the restitution order is satisfied or
   51  until the court orders otherwise, as provided in s. 985.0301.
   52         Section 2. Section 985.513, Florida Statutes, is amended to
   53  read:
   54         985.513 Powers of the court over parent or guardian at
   55  disposition.—
   56         (1) The court that has jurisdiction over an adjudicated
   57  delinquent child may, by an order stating the facts upon which a
   58  determination of a sanction and rehabilitative program was made
   59  at the disposition hearing,:
   60         (a) order the child’s parent or guardian, together with the
   61  child, to render community service in a public service program
   62  or to participate in a community work project. In addition to
   63  the sanctions imposed on the child, the court may order the
   64  child’s parent or guardian to perform community service if the
   65  court finds that the child's parent or guardian did not make a
   66  diligent and good faith effort to prevent the child from
   67  engaging in delinquent acts.
   68         (2) Regardless of whether adjudication is imposed or
   69  withheld, if the court orders restitution under s. 985.437, the
   70  court shall order the child and the child's parent or guardian
   71  to make restitution in money, through a promissory note signed
   72  by the child and cosigned by the child's parent or guardian, or
   73  in kind for any damage or loss caused by the child's offense.
   74         (b) Order the parent or guardian to make restitution in
   75  money or in kind for any damage or loss caused by the child’s
   76  offense. The court may also require the child’s parent or legal
   77  guardian to be responsible for any restitution ordered against
   78  the child, as provided under s. 985.437. The court shall
   79  determine a reasonable amount or manner of restitution, and
   80  payment shall be made to the clerk of the circuit court as
   81  provided in s. 985.437. The court may retain jurisdiction, as
   82  provided under s. 985.0301, over the child and the child’s
   83  parent or legal guardian whom the court has ordered to pay
   84  restitution until the restitution order is satisfied or the
   85  court orders otherwise.
   86         (a) The child’s parent or guardian may be absolved of
   87  liability for restitution ordered under this chapter if:
   88         1. After a hearing, the court finds that it is the child’s
   89  first referral to the delinquency system and that the child’s
   90  parent or guardian has made diligent and good faith efforts to
   91  prevent the child from engaging in delinquent acts;
   92         2. The victim entitled to restitution is the child’s parent
   93  or guardian; or
   94         3. The parent or guardian did not, at any time relevant to
   95  the proceedings under this chapter, have custody of or parental
   96  responsibility for the child.
   97         (b) For purposes of this section, the Department of
   98  Children and Families, a foster parent with whom the child is
   99  placed, the community-based care lead agency supervising the
  100  placement of the child pursuant to a contract with the
  101  Department of Children and Families, or a facility licensed or
  102  registered under s. 409.175 or s. 409.176 is not considered a
  103  parent guardian responsible for restitution for the delinquent
  104  acts of a child who is found to be dependent as defined in s.
  105  39.01.
  106         (3)(2) Notwithstanding whether adjudication is imposed or
  107  withheld, the court may order the natural parents or legal
  108  custodian or guardian of a child who is found to have committed
  109  a delinquent act to participate in family counseling and other
  110  professional counseling activities deemed necessary for the
  111  rehabilitation of the child or to enhance their ability to
  112  provide the child with adequate support, guidance, and
  113  supervision. The court may also order that the parent,
  114  custodian, or guardian support the child and participate with
  115  the child in fulfilling a court-imposed sanction. In addition,
  116  the court may use its contempt powers to enforce a court-imposed
  117  sanction.
  118         Section 3. This act shall take effect October 1, 2020.
  119  
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete everything before the enacting clause
  123  and insert:
  124                        A bill to be entitled                      
  125         An act relating to restitution for juvenile offenses;
  126         amending s. 985.437, F.S.; providing a uniform set of
  127         conditions of restitution for juvenile offenses,
  128         regardless of whether adjudication is imposed or
  129         withheld; requiring a child's parent or guardian, in
  130         addition to the child, to make restitution for damage
  131         or loss caused by the child's offense; authorizing the
  132         court to establish a payment plan in certain
  133         circumstances; requiring notification to the court if
  134         a payment plan is not followed; removing duplicative
  135         provisions; amending s. 985.513, F.S.; providing a
  136         uniform set of conditions for jurisdiction over a
  137         child's parent or guardian concerning restitution,
  138         regardless of whether adjudication is imposed or
  139         withheld; authorizing the child's parent or guardian
  140         to be absolved of liability for restitution in certain
  141         circumstances; authorizing the court to order
  142         restitution to be paid only by the parents or
  143         guardians who have concurrent custody and parental
  144         responsibility; providing that the Department of
  145         Children and Families, foster parents, and specified
  146         facilities are agencies are not considered parents or
  147         guardians for purposes of restitution; providing an
  148         effective date.