Florida Senate - 2020 SB 1880
By Senator Perry
8-00302-20 20201880__
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; authorizing the court
8 to establish a payment plan in certain circumstances;
9 authorizing the child’s parent or guardian to be
10 absolved of liability for restitution in certain
11 circumstances; authorizing the court to order
12 restitution to be paid only by the parents or
13 guardians who have current custody and parental
14 responsibility; providing that the Department of
15 Children and Families, foster parents, and specified
16 facilities and agencies are not guardians for purposes
17 of restitution; amending s. 985.513, F.S.; removing
18 duplicative provisions; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (4) of section
23 985.35, Florida Statutes, is amended to read:
24 985.35 Adjudicatory hearings; withheld adjudications;
25 orders of adjudication.—
26 (4) If the court finds that the child named in the petition
27 has committed a delinquent act or violation of law, it may, in
28 its discretion, enter an order stating the facts upon which its
29 finding is based but withholding adjudication of delinquency.
30 (a) Upon withholding adjudication of delinquency, the court
31 may place the child in a probation program under the supervision
32 of the department or under the supervision of any other person
33 or agency specifically authorized and appointed by the court.
34 The court may, as a condition of the program, impose as a
35 penalty component restitution in money or in kind to be made by
36 the child and the child’s parent or guardian as provided in s.
37 985.437, community service, a curfew, urine monitoring,
38 revocation or suspension of the driver license of the child, or
39 other nonresidential punishment appropriate to the offense, and
40 may impose as a rehabilitative component a requirement of
41 participation in substance abuse treatment, or school or other
42 educational program attendance.
43 Section 2. Present subsection (5) of section 985.437,
44 Florida Statutes, is renumbered as subsection (7), a new
45 subsection (5) and subsection (6) are added to that section, and
46 subsections (1), (2), and (4) of that section are amended, to
47 read:
48 985.437 Restitution.—
49 (1) Regardless of whether adjudication is imposed or
50 withheld, the court that has jurisdiction over a an adjudicated
51 delinquent child may, by an order stating the facts upon which a
52 determination of a sanction and rehabilitative program was made
53 at the disposition hearing, order the child and the child’s
54 parent or guardian to make restitution in the manner provided in
55 this section. This order shall be part of the child’s probation
56 program to be implemented by the department or, in the case of a
57 committed child, as part of the community-based sanctions
58 ordered by the court at the disposition hearing or before the
59 child’s release from commitment.
60 (2) If the court orders restitution, the court shall may
61 order the child and the child’s parent or guardian to make
62 restitution in money, through a promissory note cosigned by the
63 child’s parent or guardian, or in kind for any damage or loss
64 caused by the child’s offense in a reasonable amount or manner
65 to be determined by the court. When restitution is ordered by
66 the court, the amount of restitution may not exceed an amount
67 the child and the child’s parent or guardian could reasonably be
68 expected to pay or make. If the child and the child’s parent or
69 guardian are unable to make restitution in kind or to pay the
70 restitution in one lump-sum payment, the court may establish a
71 payment plan that reflects their ability to pay the restitution
72 amount.
73 (4) The child’s parent or guardian may be absolved of
74 liability for restitution under this section if:
75 (a) After a hearing, the court finds that it is the child’s
76 first referral to the delinquency system and A finding by the
77 court, after a hearing, that the child’s parent or guardian has
78 made diligent and good faith efforts to prevent the child from
79 engaging in delinquent acts; or
80 (b) The victim entitled to restitution as a result of
81 damage or loss caused by the child’s offense is that child’s
82 absolves the parent or guardian of liability for restitution
83 under this section.
84 (5) The court may order restitution to be made in kind or
85 paid only by the parents or guardians who have current custody
86 of and parental responsibility for the child.
87 (6) For purposes of this section, the Department of
88 Children and Families, a foster parent with whom the child is
89 placed, the community-based care lead agency supervising the
90 placement of the child pursuant to a contract with the
91 Department of Children and Families, or a facility licensed or
92 registered under s. 409.175 or s. 409.176 is not considered a
93 guardian responsible for restitution for the delinquent acts of
94 a child who is found to be dependent as defined in s. 39.01(15).
95 Section 3. Subsection (1) of section 985.513, Florida
96 Statutes, is amended to read:
97 985.513 Powers of the court over parent or guardian at
98 disposition.—
99 (1) The court that has jurisdiction over an adjudicated
100 delinquent child may, by an order stating the facts upon which a
101 determination of a sanction and rehabilitative program was made
102 at the disposition hearing,:
103 (a) order the child’s parent or guardian, together with the
104 child, to render community service in a public service program
105 or to participate in a community work project. In addition to
106 the sanctions imposed on the child, the court may order the
107 child’s parent or guardian to perform community service if the
108 court finds that the child’s parent or guardian did not make a
109 diligent and good faith effort to prevent the child from
110 engaging in delinquent acts.
111 (b) Order the parent or guardian to make restitution in
112 money or in kind for any damage or loss caused by the child’s
113 offense. The court may also require the child’s parent or legal
114 guardian to be responsible for any restitution ordered against
115 the child, as provided under s. 985.437. The court shall
116 determine a reasonable amount or manner of restitution, and
117 payment shall be made to the clerk of the circuit court as
118 provided in s. 985.437. The court may retain jurisdiction, as
119 provided under s. 985.0301, over the child and the child’s
120 parent or legal guardian whom the court has ordered to make
121 restitution in kind or pay restitution until the restitution
122 order is satisfied or the court orders otherwise.
123 Section 4. This act shall take effect July 1, 2020.