Senate Bill sb0400e2

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    CS for CS for SB 400                          Second Engrossed



  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:

14

15         Section 1.  Section 827.06, Florida Statutes, is

16  amended to read:

17         827.06  Persistent Nonsupport of dependents.--

18         (1)  The Legislature finds that most noncustodial

19  parents want to support their children and remain connected to

20  their families.  The Legislature also finds that while many

21  noncustodial parents lack the financial resources and other

22  skills necessary to provide that support, a small percentage

23  of such parents willfully fail to provide support to their

24  children even when they are aware of the obligation and have

25  the ability to do so pursuant to s. 61.30.  The Legislature

26  further finds that existing statutory provisions for civil

27  enforcement of support have not proven sufficiently effective

28  or efficient in gaining adequate support for all children.

29  Recognizing that it is the public policy of this state that

30  children shall be maintained primarily from the resources of

31  their parents, thereby relieving, at least in part, the burden


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    CS for CS for SB 400                          Second Engrossed



  1  presently borne by the general citizenry through public

  2  assistance programs, it is the intent of the Legislature that

  3  the criminal penalties provided for in this section are to be

  4  pursued in all appropriate cases where exhaustion of

  5  appropriate civil enforcement has not resulted in payment.

  6         (2)(1)  Any person who, after notice as specified in

  7  subsection (6), and who has been previously adjudged in

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

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

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

11  person knows he or she is legally obligated to support

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

13  proceedings for child support or dissolution of marriage,

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

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

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

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

18  shall be punished:

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

20         1.  Not less than $250 nor more than $500 for a first

21  conviction.

22         2.  Not less than $500 nor more than $750 for a second

23  conviction.

24         3.  Not less than $750 nor more than $1,000 for a third

25  conviction; and

26         (b)  By imprisonment for:

27         1.  Not less than 15 days nor more than 1 month for a

28  first conviction.

29         2.  Not less than 1 month nor more than 3 months for a

30  second conviction.

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    CS for CS for SB 400                          Second Engrossed



  1         3.  Not less than 3 months nor more than 6 months for a

  2  third conviction.

  3         (3)  Any person who is convicted of a fourth or

  4  subsequent violation of subsection (2) or who violates

  5  subsection (2) and who has owed to that child or spouse for

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

  7  $5,000 commits a felony of the third degree, punishable as

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

  9         (4)  Upon a conviction under this section, the court

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

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

12         (5)(a)  Evidence that the defendant willfully failed to

13  make sufficient good faith efforts to legally acquire the

14  resources to pay legally ordered support may be sufficient to

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

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

17         (b)  The element of knowledge may be proven by evidence

18  that a court or tribunal as defined by s. 88.1011(22) has

19  entered an order that obligates the defendant to provide the

20  support.

21         (6)(2)  Prior to commencing prosecution under this

22  section, the state attorney must notify advise the person

23  responsible for support by certified mail, return receipt

24  requested, that a prosecution under this section will be

25  commenced against him or her unless the person pays the total

26  unpaid support obligation makes such delinquent support

27  payments or provides a satisfactory explanation as to why he

28  or she has not made such payments.

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

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