Bill Text: FL S0312 | 2015 | Regular Session | Comm Sub
Bill Title: Restitution for Juvenile Offenses
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2015-05-01 - Died in Fiscal Policy [S0312 Detail]
Download: Florida-2015-S0312-Comm_Sub.html
Florida Senate - 2015 CS for SB 312 By the Committee on Children, Families, and Elder Affairs; and Senators Detert and Gaetz 586-02928-15 2015312c1 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 restitution to be paid only by the 12 parents or guardians who have current custody and 13 parental responsibility of the child; specifying that 14 the Department of Children and families, foster 15 parents, a facility registered under s. 409.176, F.S., 16 and specified agencies contracted with the department 17 are not guardians for purposes of restitution; 18 amending s. 985.513, F.S.; removing duplicative 19 provisions authorizing the court to require a parent 20 or guardian to be responsible for any restitution 21 ordered against the child; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraph (a) of subsection (4) of section 27 985.35, Florida Statutes, is amended to read: 28 985.35 Adjudicatory hearings; withheld adjudications; 29 orders of adjudication.— 30 (4) If the court finds that the child named in the petition 31 has committed a delinquent act or violation of law, it may, in 32 its discretion, enter an order stating the facts upon which its 33 finding is based but withholding adjudication of delinquency. 34 (a) Upon withholding adjudication of delinquency, the court 35 may place the child in a probation program under the supervision 36 of the department or under the supervision of any other person 37 or agency specifically authorized and appointed by the court. 38 The court may, as a condition of the program, impose as a 39 penalty component restitution in money or in kind to be made by 40 the child and the child’s parent or guardian as provided in s. 41 985.437, community service, a curfew, urine monitoring, 42 revocation or suspension of the driver license of the child, or 43 other nonresidential punishment appropriate to the offense, and 44 may impose as a rehabilitative component a requirement of 45 participation in substance abuse treatment, or school or other 46 educational program attendance. 47 Section 2. Present subsection (5) of section 985.437, 48 Florida Statutes, is renumbered as subsection (7), subsections 49 (1), (2), and (4) are amended, and new subsections (5) and (6) 50 are added to that section, to read: 51 985.437 Restitution.— 52 (1) Regardless of whether adjudication is imposed or 53 withheld, the court that has jurisdiction over aan adjudicated54delinquentchild may, by an order stating the facts upon which a 55 determination of a sanction and rehabilitative program was made 56 at the disposition hearing, order the child and the child’s 57 parent or guardian to make restitution in the manner provided in 58 this section. This order shall be part of the child’s probation 59 program to be implemented by the department or, in the case of a 60 committed child, as part of the community-based sanctions 61 ordered by the court at the disposition hearing or before the 62 child’s release from commitment. 63 (2) If the court orders restitution, the court shallmay64 order the child and the child’s parent or guardian to make 65 restitution in money, through a promissory notecosigned by the66child’s parent or guardian, or in kind for any damage or loss 67 caused by the child’s offense in a reasonable amount or manner 68 to be determined by the court. When restitution is ordered by 69 the court, the amount of restitution may not exceed an amount 70 the child and the parent or guardian could reasonably be 71 expected to pay or make. If the child and the child’s parent or 72 guardian are unable to pay the restitution in one lump-sum 73 payment, the court may set up a payment plan that reflects their 74 ability to pay the restitution amount. 75 (4) The parent or guardian may be absolved of liability for 76 restitution under this section if: 77 (a) After a hearing, the court finds that it is the child’s 78 first referral to the delinquency system andA finding by the79court, after a hearing,that the parent or guardian has made 80 diligent and good faith efforts to prevent the child from 81 engaging in delinquent acts; or 82 (b) The victim entitled to restitution as a result of 83 damage or loss caused by the child’s offense is that child’s 84absolves theparent or guardianof liability for restitution85under this section. 86 (5) The court may only order restitution to be paid by the 87 parents or guardians who have current custody and parental 88 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, or a facility registered 94 under s. 409.176 is not considered a guardian responsible for 95 restitution for the delinquent acts of a child who is found to 96 be dependent as defined in s. 39.01(15). 97 Section 3. Subsection (1) of section 985.513, Florida 98 Statutes, is amended to read: 99 985.513 Powers of the court over parent or guardian at 100 disposition.— 101 (1) The court that has jurisdiction over an adjudicated 102 delinquent child may, by an order stating the facts upon which a 103 determination of a sanction and rehabilitative program was made 104 at the disposition hearing,:105(a)order the child’s parent or guardian, together with the 106 child, to render community service in a public service program 107 or to participate in a community work project. In addition to 108 the sanctions imposed on the child, the court may order the 109 child’s parent or guardian to perform community service if the 110 court finds that the parent or guardian did not make a diligent 111 and good faith effort to prevent the child from engaging in 112 delinquent acts. 113(b) Order the parent or guardian to make restitution in114money or in kind for any damage or loss caused by the child’s115offense. The court may also require the child’s parent or legal116guardian to be responsible for any restitution ordered against117the child, as provided under s. 985.437. The court shall118determine a reasonable amount or manner of restitution, and119payment shall be made to the clerk of the circuit court as120provided in s. 985.437.The court may retain jurisdiction, as 121 provided under s. 985.0301, over the child and the child’s 122 parent or legal guardian whom the court has ordered to pay 123 restitution until the restitution order is satisfied or the 124 court orders otherwise. 125 Section 4. This act shall take effect July 1, 2015.