Florida Senate - 2011 SB 710
By Senator Siplin
19-00978-11 2011710__
1 A bill to be entitled
2 An act relating to conditions of probation; amending
3 s. 948.032, F.S.; requiring a defendant’s probation
4 officer to evaluate certain specified factors before
5 alleging to the court that the defendant has violated
6 his or her probation because the defendant failed to
7 pay court-ordered restitution; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 948.032, Florida Statutes, is amended to
13 read:
14 948.032 Condition of probation; restitution.—
15 (1) If a defendant is placed on probation, any restitution
16 ordered under s. 775.089 shall be a condition of the probation.
17 The court may revoke probation if the defendant fails to comply
18 with the order.
19 (2) When deciding whether to allege a violation of
20 probation because the defendant failed to pay his or her court
21 ordered restitution, the probation officer shall evaluate and
22 document for the court’s consideration the defendant’s
23 employment status, earning ability, and financial resources; the
24 willfulness of the defendant’s failure to pay; and any other
25 special circumstance that may have a bearing on the defendant’s
26 ability to pay.
27 (3) In determining whether to revoke probation, the court
28 shall consider the defendant’s employment status, earning
29 ability, and financial resources; the willfulness of the
30 defendant’s failure to pay; and any other special circumstances
31 that may have a bearing on the defendant’s ability to pay.
32 Section 2. This act shall take effect July 1, 2011.