Bill Text: FL S1880 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Restitution for Juvenile Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Judiciary [S1880 Detail]
Download: Florida-2020-S1880-Introduced.html
Bill Title: Restitution for Juvenile Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Judiciary [S1880 Detail]
Download: Florida-2020-S1880-Introduced.html
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 aan adjudicated51delinquentchild 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 shallmay61 order the child and the child’s parent or guardian to make 62 restitution in money, through a promissory notecosigned by the63child’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 andA finding by the77court, 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 82absolves theparent or guardianof liability for restitution83under 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 in112money or in kind for any damage or loss caused by the child’s113offense. The court may also require the child’s parent or legal114guardian to be responsible for any restitution ordered against115the child, as provided under s. 985.437. The court shall116determine a reasonable amount or manner of restitution, and117payment shall be made to the clerk of the circuit court as118provided 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.