Florida Senate - 2014                                    SB 1040
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01250-14                                           20141040__
    1                        A bill to be entitled                      
    2         An act relating to restitution for juvenile offenses;
    3         amending s. 985.35, F.S.; conforming provisions to
    4         changes made by the act; amending s. 985.437, F.S.;
    5         requiring a child’s parent or guardian, in addition to
    6         the child, to make restitution for damage or loss
    7         caused by the child’s offense; providing for payment
    8         plans in certain circumstances; authorizing the parent
    9         or guardian to be absolved of liability for
   10         restitution in certain circumstances; authorizing the
   11         court to order both parents or guardians liable for
   12         the child’s restitution regardless of one parent
   13         having sole parental responsibility; specifying that
   14         the Department of Children and Families, foster
   15         parents, and specified agencies contracted with the
   16         department are not guardians for purposes of
   17         restitution; amending s. 985.513, F.S.; removing
   18         duplicative provisions authorizing the court to
   19         require a parent or guardian to be responsible for any
   20         restitution ordered against the child; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraph (a) of subsection (4) of section
   26  985.35, Florida Statutes, is amended to read:
   27         985.35 Adjudicatory hearings; withheld adjudications;
   28  orders of adjudication.—
   29         (4) If the court finds that the child named in the petition
   30  has committed a delinquent act or violation of law, it may, in
   31  its discretion, enter an order stating the facts upon which its
   32  finding is based but withholding adjudication of delinquency.
   33         (a) Upon withholding adjudication of delinquency, the court
   34  may place the child in a probation program under the supervision
   35  of the department or under the supervision of any other person
   36  or agency specifically authorized and appointed by the court.
   37  The court may, as a condition of the program, impose as a
   38  penalty component restitution in money or in kind to be made by
   39  the child and the child’s parent or guardian as provided in s.
   40  985.437, community service, a curfew, urine monitoring,
   41  revocation or suspension of the driver driver’s license of the
   42  child, or other nonresidential punishment appropriate to the
   43  offense, and may impose as a rehabilitative component a
   44  requirement of participation in substance abuse treatment, or
   45  school or other educational program attendance.
   46         Section 2. Present subsection (5) of section 985.437,
   47  Florida Statutes, is renumbered as subsection (7), subsections
   48  (1), (2), and (4) are amended, and new subsections (5) and (6)
   49  are added to that section, to read:
   50         985.437 Restitution.—
   51         (1) Regardless of whether adjudication is imposed or
   52  withheld, the court that has jurisdiction over a an adjudicated
   53  delinquent child may, by an order stating the facts upon which a
   54  determination of a sanction and rehabilitative program was made
   55  at the disposition hearing, order the child and the child’s
   56  parent or guardian to make restitution in the manner provided in
   57  this section. This order shall be part of the child’s probation
   58  program to be implemented by the department or, in the case of a
   59  committed child, as part of the community-based sanctions
   60  ordered by the court at the disposition hearing or before the
   61  child’s release from commitment.
   62         (2) If the court orders restitution, the court shall may
   63  order the child and the child’s parent or guardian to make
   64  restitution in money, through a promissory note cosigned by the
   65  child’s parent or guardian, or in kind for any damage or loss
   66  caused by the child’s offense in a reasonable amount or manner
   67  to be determined by the court. When restitution is ordered by
   68  the court, the amount of restitution may not exceed an amount
   69  the child and the parent or guardian could reasonably be
   70  expected to pay or make. If the child and the child’s parent or
   71  guardian are unable to pay the restitution in one lump-sum
   72  payment, the court may set up a payment plan that reflects their
   73  ability to pay the restitution amount.
   74         (4) The parent or guardian may be absolved of liability for
   75  restitution under this section if:
   76         (a) After a hearing, the court finds that it is the child’s
   77  first referral to the delinquency system and A finding by the
   78  court, after a hearing, that the parent or guardian has made
   79  diligent and good faith efforts to prevent the child from
   80  engaging in delinquent acts; or
   81         (b) The victim entitled to restitution as a result of
   82  damage or loss caused by the child’s offense is that child’s
   83  parent or guardian absolves the parent or guardian of liability
   84  for restitution under this section.
   85         (5) The court may order both parents or guardians liable
   86  for restitution associated with the child’s care,
   87  notwithstanding instances when one parent or guardian has sole
   88  parental responsibility.
   89         (6) For purposes of this section, the Department of
   90  Children and Families, a foster parent with whom the child is
   91  placed, or the community-based care lead agency supervising the
   92  placement of the child pursuant to a contract with the
   93  Department of Children and Families is not considered a guardian
   94  responsible for restitution for the delinquent acts of a child
   95  who is found to be dependent as defined in s. 39.01(15).
   96         Section 3. Subsection (1) of section 985.513, Florida
   97  Statutes, is amended to read:
   98         985.513 Powers of the court over parent or guardian at
   99  disposition.—
  100         (1) The court that has jurisdiction over an adjudicated
  101  delinquent child may, by an order stating the facts upon which a
  102  determination of a sanction and rehabilitative program was made
  103  at the disposition hearing,:
  104         (a) order the child’s parent or guardian, together with the
  105  child, to render community service in a public service program
  106  or to participate in a community work project. In addition to
  107  the sanctions imposed on the child, the court may order the
  108  child’s parent or guardian to perform community service if the
  109  court finds that the parent or guardian did not make a diligent
  110  and good faith effort to prevent the child from engaging in
  111  delinquent acts.
  112         (b) Order the parent or guardian to make restitution in
  113  money or in kind for any damage or loss caused by the child’s
  114  offense. The court may also require the child’s parent or legal
  115  guardian to be responsible for any restitution ordered against
  116  the child, as provided under s. 985.437. The court shall
  117  determine a reasonable amount or manner of restitution, and
  118  payment shall be made to the clerk of the circuit court as
  119  provided in s. 985.437. The court may retain jurisdiction, as
  120  provided under s. 985.0301, over the child and the child’s
  121  parent or legal guardian whom the court has ordered to pay
  122  restitution until the restitution order is satisfied or the
  123  court orders otherwise.
  124         Section 4. This act shall take effect July 1, 2014.