Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1438
Barcode 975030
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Evers) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) of section 985.437, Florida
6 Statutes, is renumbered as subsection (4), and subsection (2)
7 and present subsection (4) of that section are amended, to read:
8 985.437 Restitution.—
9 (2)(a) The court shall may order the child and the child’s
10 parent or guardian to make restitution in money, through a
11 promissory note cosigned by the child’s parent or guardian, or
12 in kind for any damage or loss caused by the child’s offense in
13 a reasonable amount or manner to be determined by the court.
14 When restitution is ordered by the court, the amount of
15 restitution may not exceed an amount the child and the parent or
16 guardian could reasonably be expected to pay or make. If the
17 child and the child’s parent or guardian are unable to pay the
18 restitution in one lump-sum payment, the court may set up a
19 payment plan that reflects their ability to pay the restitution
20 amount.
21 (b) Notwithstanding paragraph (a), the court may not order
22 the child or the child’s parent or guardian to make restitution
23 in money if the offense committed by the child is a first
24 nonviolent offense. A child who commits a second or subsequent
25 offense shall pay restitution in money as required under
26 paragraph (a)
27 (4) A finding by the court, after a hearing, that the
28 parent or guardian has made diligent and good faith efforts to
29 prevent the child from engaging in delinquent acts absolves the
30 parent or guardian of liability for restitution under this
31 section.
32 Section 2. Subsection (1) of section 985.513, Florida
33 Statutes, is amended to read:
34 985.513 Powers of the court over parent or guardian at
35 disposition.—
36 (1) The court that has jurisdiction over an adjudicated
37 delinquent child may, by an order stating the facts upon which a
38 determination of a sanction and rehabilitative program was made
39 at the disposition hearing,:
40 (a) order the child’s parent or guardian, together with the
41 child, to render community service in a public service program
42 or to participate in a community work project. In addition to
43 the sanctions imposed on the child, the court may order the
44 child’s parent or guardian to perform community service if the
45 court finds that the parent or guardian did not make a diligent
46 and good faith effort to prevent the child from engaging in
47 delinquent acts.
48 (b) Order the parent or guardian to make restitution in
49 money or in kind for any damage or loss caused by the child’s
50 offense. The court may also require the child’s parent or legal
51 guardian to be responsible for any restitution ordered against
52 the child, as provided under s. 985.437. The court shall
53 determine a reasonable amount or manner of restitution, and
54 payment shall be made to the clerk of the circuit court as
55 provided in s. 985.437. The court may retain jurisdiction, as
56 provided under s. 985.0301, over the child and the child’s
57 parent or legal guardian whom the court has ordered to pay
58 restitution until the restitution order is satisfied or the
59 court orders otherwise.
60 Section 3. This act shall take effect July 1, 2013.
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete everything before the enacting clause
65 and insert:
66 A bill to be entitled
67 An act relating to restitution for juvenile offenses;
68 amending s. 985.437, F.S.; requiring a child’s parent
69 or guardian, in addition to the child, to make
70 restitution for damage or loss caused by the child’s
71 offense; providing for payment plans in certain
72 circumstances; prohibiting a court from ordering a
73 child or his or her parent or guardian to make
74 restitution in money if the offense committed by the
75 child is his or her first nonviolent offense;
76 requiring a child or his or her parent or guardian to
77 pay restitution if the child commits a second or
78 subsequent offense; deleting provisions for absolving
79 the parent or guardian of liability for restitution in
80 certain circumstances; amending s. 985.513, F.S.;
81 removing duplicate language authorizing the court to
82 require a parent or guardian to be responsible for any
83 restitution ordered against the child; providing an
84 effective date.