Senate Bill sb0400c2

    Florida Senate - 2001                     CS for CS for SB 400

    By the Committees on Appropriations; Children and Families;
    and Senators Horne, Campbell, Mitchell, Sanderson, Sullivan,
    Smith, Burt, Bronson, Peaden, Lee and Crist



    309-1712-01

  1                      A bill to be entitled

  2         An act relating to support of dependents;

  3         amending s. 827.06, F.S.; providing alternative

  4         punishment for nonsupport of dependents;

  5         providing a felony penalty for fourth or

  6         subsequent violations; providing for the amount

  7         of restitution due; providing requirements with

  8         respect to certain evidence; providing for

  9         satisfaction of the element of notice under

10         certain circumstances; providing an effective

11         date.

12

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

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15         Section 1.  Section 827.06, Florida Statutes, is

16  amended to read:

17         827.06  Persistent Nonsupport of dependents.--

18         (1)  Any person who, after notice as specified in

19  subsection (5), and who has been previously adjudged in

20  contempt for failure to comply with a support order, willfully

21  fails to provide support which he or she has the ability is

22  able to provide to a child children or a spouse whom the

23  person knows he or she is legally obligated to support

24  commits, and over whom no court has jurisdiction in any

25  proceedings for child support or dissolution of marriage,

26  shall be guilty of a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083. In lieu of

28  any punishment imposed pursuant to s. 775.082 or s. 775.083,

29  any person who is convicted of a violation of this subsection

30  shall be punished:

31         (a)  By a fine to be paid after restitution for:

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    Florida Senate - 2001                     CS for CS for SB 400
    309-1712-01




  1         1.  Not less than $250 or more than $500 for a first

  2  conviction.

  3         2.  Not less than $500 or more than $1,000 for a second

  4  conviction.

  5         3.  Not less than $1,000 or more than $1,500 for a

  6  third conviction; and

  7         (b)  By imprisonment for:

  8         1.  Not less than 15 days or more than 1 month for a

  9  first conviction.

10         2.  Not less than 1 month or more than 3 months for a

11  second conviction.

12         3.  Not less than 3 months or more than 6 months for a

13  third conviction.

14         (2)  Any person who is convicted of a fourth or

15  subsequent violation of subsection (1) or who violates

16  subsection (1) and who has owed to that child or spouse for

17  more than 1 year support in an amount equal to or greater than

18  $5,000 commits a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         (3)  Upon a conviction under this section, the court

21  shall order restitution in an amount equal to the total unpaid

22  support obligation as it exists at the time of sentencing.

23         (4)(a)  Evidence that the defendant willfully failed to

24  make sufficient bona fide efforts to legally acquire the

25  resources to pay legally ordered support may be sufficient to

26  prove that he or she had the ability to provide support but

27  willfully failed to do so, in violation of this section.

28         (b)  The element of knowledge may be satisfied if a

29  court or tribunal as defined by s. 88.1011(22) has entered an

30  order that obligates the defendant to provide the support.

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    Florida Senate - 2001                     CS for CS for SB 400
    309-1712-01




  1         (5)(2)  Prior to commencing prosecution under this

  2  section, the state attorney must notify advise the person

  3  responsible for support by regular mail to the person's last

  4  known address certified mail, return receipt requested, that a

  5  prosecution under this section will be commenced against him

  6  or her unless the person pays the total unpaid support

  7  obligation makes such delinquent support payments or provides

  8  a satisfactory explanation as to why he or she has not made

  9  such payments.

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

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 400

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15  Adds the prerequisite that a person has been previously
    adjudged in contempt for failure to comply with a court order
16  before prosecution can commence;

17  Requires mandatory restitution in an amount equal to the total
    unpaid support obligation upon conviction for misdemeanor or
18  felony under s.827.06, F.S.;

19  Reinstates the notice requirement before commencement of
    prosecution by state attorney and changes notice to regular
20  mail instead of certified mail;

21  Changes the criteria of what constitutes evidence of ability
    to pay;
22
    Changes the criteria concerning what constitutes knowledge of
23  the legal obligation of support;

24  Creates mandatory punishments for misdemeanor violations of s.
    827.06, F.S.; and
25
    Authorizes a felony prosecution for the fourth violation for
26  failure to provide support.

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