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A bill to be entitled

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An act relating to restitution in criminal cases; amending

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s. 775.089, F.S.; requiring that the restitution awarded

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to the victim of a crime be credited against any civil

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remedy to the extent that the restitution is actually

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collected by the victim; providing an effective date.

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

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     Section 1.  Subsection (8) of section 775.089, Florida

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Statutes, is amended to read:

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     775.089  Restitution.--

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     (8)(a) The conviction of a defendant for an offense

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involving the act giving rise to restitution under this section

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shall estop the defendant from denying the essential allegations

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of that offense in any subsequent civil proceeding.

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     (b) An order of restitution under this section does

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hereunder will not bar any subsequent civil remedy or recovery,

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but the amount of such restitution actually collected shall be

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credited set off against any subsequent independent civil award

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recovery.

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     Section 2.  This act shall take effect July 1, 2008.