Senate Bill sb0400

    Florida Senate - 2001                                   SB 400

    By Senator Horne





    6-450-01

  1                      A bill to be entitled

  2         An act relating to the support owed to a child

  3         or spouse; amending s. 827.06, F.S.;

  4         prescribing the elements of felony nonsupport

  5         of a child or spouse; providing penalties;

  6         providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 827.06, Florida Statutes, is

11  amended to read:

12         827.06  Persistent nonsupport.--

13         (1)  Any person who, after notice, fails to provide

14  support that which he or she is able to provide to a child

15  children or a spouse whom the person knows he or she is

16  legally obligated to support commits, and over whom no court

17  has jurisdiction in any proceedings for child support or

18  dissolution of marriage, shall be guilty of a misdemeanor of

19  the first degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         (2)  Any person who fails to provide support that he or

22  she is able to provide to a child or a spouse whom the person

23  knows he or she is legally obligated to support and who has

24  owed to that child or spouse for more than 1 year support in

25  an amount equal to or greater than $5,000 commits a felony of

26  the third degree, punishable as provided in s. 775.082 or s.

27  775.083. Prior to commencing prosecution under this section,

28  the state attorney must advise the person responsible for

29  support by certified mail, return receipt requested, that a

30  prosecution under this section will be commenced against him

31  or her unless the person makes such delinquent support

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    Florida Senate - 2001                                   SB 400
    6-450-01




  1  payments or provides a satisfactory explanation as to why he

  2  or she has not made such payments.

  3         Section 2.  This act shall take effect October 1, 2001.

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  6                          SENATE SUMMARY

  7    Provides that a person commits a third-degree felony if
      he or she has, for more than 1 year, owed $5,000 or more
  8    in support to a child or spouse whom the person knows he
      or she is obligated to support and fails to provide
  9    legally obligated support that he or she is able to
      provide.
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