Bill Text: FL S1880 | 2020 | Regular Session | Comm Sub
Bill Title: Restitution for Juvenile Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Judiciary [S1880 Detail]
Download: Florida-2020-S1880-Comm_Sub.html
Florida Senate - 2020 CS for SB 1880 By the Committee on Criminal Justice; and Senator Perry 591-03464B-20 20201880c1 1 A bill to be entitled 2 An act relating to restitution for juvenile offenses; 3 amending s. 985.437, F.S.; providing a uniform set of 4 conditions of restitution for juvenile offenses, 5 regardless of whether adjudication is imposed or 6 withheld; requiring a child’s parent or guardian, in 7 addition to the child, to make restitution for damage 8 or loss caused by the child’s offense; authorizing the 9 court to establish a payment plan under certain 10 circumstances; requiring the clerk to notify the court 11 if a payment plan is not followed; removing 12 duplicative provisions; amending s. 985.513, F.S.; 13 providing a uniform set of conditions for jurisdiction 14 over a child’s parent or guardian concerning 15 restitution, regardless of whether adjudication is 16 imposed or withheld; authorizing the child’s parent or 17 guardian to be absolved of liability for restitution 18 under certain circumstances; providing that the 19 Department of Children and Families, foster parents, 20 and specified facilities and agencies are not 21 considered parents or guardians for purposes of 22 restitution; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 985.437, Florida Statutes, is amended to 27 read: 28 985.437 Restitution.— 29 (1) Regardless of whether adjudication is imposed or 30 withheld, the court that has jurisdiction over aan adjudicated31delinquentchild may, by an order stating the facts upon which a 32 determination of a sanction and rehabilitative program was made 33 at the disposition hearing, order the child and the child’s 34 parent or guardian to make restitution in the manner provided in 35 this section. This order shall be part of the child’s probation 36 program to be implemented by the department or, in the case of a 37 committed child, as part of the community-based sanctions 38 ordered by the court at the disposition hearing or before the 39 child’s release from commitment. 40 (2) If the court orders restitution, the court shallmay41 order the child and the child’s parent or guardian, as provided 42 under s. 985.513, to make restitution in money, through a 43 promissory note signed by the child and cosigned by the child’s 44 parent or guardian, or in kind for any damage or loss caused by 45 the child’s offense in a reasonable amount or manner to be 46 determined by the court. When restitution is ordered by the 47 court, the amount of restitution may not exceed an amount the 48 child and the child’s parent or guardian could reasonably be 49 expected to pay or make. If the child and the child’s parent or 50 guardian are unable to make restitution in kind or pay the 51 restitution in one lump sum, the court may establish a payment 52 plan based on the child’s and the child’s parent or guardian’s 53 ability to pay the restitution amount. 54 (3) The clerk of the circuit court shall be the receiving 55 and dispensing agent. In such case, the court shall order the 56 child andorthe child’s parent or guardian to pay to the office 57 of the clerk of the circuit court an amount not to exceed the 58 actual cost incurred by the clerk as a result of receiving and 59 dispensing restitution payments. The clerk shall notify the 60 court if restitution is not made or if a restitution payment 61 plan is not followed, and the court shall take any further 62 action that is necessary against the child andorthe child’s 63 parent or guardian. 64 (4)A finding by the court, after a hearing, that the65parent or guardian has made diligent and good faith efforts to66prevent the child from engaging in delinquent acts absolves the67parent or guardian of liability for restitution under this68section.69(5)The court may retain jurisdiction over a child and the 70 child’s parent or legal guardian whom the court has ordered to 71 pay restitution until the restitution order is satisfied or 72 until the court orders otherwise, as provided in s. 985.0301. 73 Section 2. Section 985.513, Florida Statutes, is amended to 74 read: 75 985.513 Powers of the court over parent or guardian at 76 disposition.— 77 (1) The court that has jurisdiction over an adjudicated 78 delinquent child may, by an order stating the facts upon which a 79 determination of a sanction and rehabilitative program was made 80 at the disposition hearing,:81(a)order the child’s parent or guardian, together with the 82 child, to render community service in a public service program 83 or to participate in a community work project. In addition to 84 the sanctions imposed on the child, the court may order the 85 child’s parent or guardian to perform community service if the 86 court finds that the child’s parent or guardian did not make a 87 diligent and good faith effort to prevent the child from 88 engaging in delinquent acts. 89 (2) Regardless of whether adjudication is imposed or 90 withheld, if the court orders restitution under s. 985.437, the 91 court shall order the child and the child’s parent or guardian 92 to make restitution in money, through a promissory note signed 93 by the child and cosigned by the child’s parent or guardian, or 94 in kind for any damage or loss caused by the child’s offense. 95(b) Order the parent or guardian to make restitution in96money or in kind for any damage or loss caused by the child’s97offense. The court may also require the child’s parent or legal98guardian to be responsible for any restitution ordered against99the child, as provided under s. 985.437.The court shall 100 determine a reasonable amount or manner of restitution, and 101 payment shall be made to the clerk of the circuit court as 102 provided in s. 985.437. The court may retain jurisdiction, as 103 provided under s. 985.0301, over the child and the child’s 104 parent or legal guardian whom the court has ordered to pay 105 restitution until the restitution order is satisfied or the 106 court orders otherwise. 107 (a) The child’s parent or guardian may be absolved of 108 liability for restitution ordered under this chapter if: 109 1. After a hearing, the court finds that it is the child’s 110 first referral to the delinquency system and that the child’s 111 parent or guardian has made diligent and good faith efforts to 112 prevent the child from engaging in delinquent acts; 113 2. The victim entitled to restitution is the child’s parent 114 or guardian; 115 3. The parent or guardian did not, at any time relevant to 116 the proceedings under this chapter, have custody of or parental 117 responsibility for the child; or 118 4. After a hearing, the court finds that the child has 119 attained the age of 18 years and the child’s parent or guardian 120 has made good faith efforts to comply with the restitution 121 order. 122 (b) For purposes of this section, the Department of 123 Children and Families, a foster parent with whom the child is 124 placed, the community-based care lead agency supervising the 125 placement of the child pursuant to a contract with the 126 Department of Children and Families, or a facility licensed or 127 registered under s. 409.175 or s. 409.176 is not considered a 128 parent or guardian responsible for restitution for the 129 delinquent acts of a child who is found to be dependent as 130 defined in s. 39.01. 131 (3)(2)Notwithstanding whether adjudication is imposed or 132 withheld, the court may order the natural parents or legal 133 custodian or guardian of a child who is found to have committed 134 a delinquent act to participate in family counseling and other 135 professional counseling activities deemed necessary for the 136 rehabilitation of the child or to enhance their ability to 137 provide the child with adequate support, guidance, and 138 supervision. The court may also order that the parent, 139 custodian, or guardian support the child and participate with 140 the child in fulfilling a court-imposed sanction. In addition, 141 the court may use its contempt powers to enforce a court-imposed 142 sanction. 143 Section 3. This act shall take effect October 1, 2020.