SB 1880 — Restitution for Juvenile Offenses

Florida Senate - 2020 CS for SB 1880 By Senatorthe PerryCommittee 8-00302-20on 20201880__Criminal AJustice; bill to be entitled An act relating to restitution for juvenile offenses;

and Senator Perry 591-03464B-20 20201880c1 A bill to be entitled An act relating to restitution for juvenile offenses;

985.35, F.S.;

conforming provisions to changes made by the act;

amending s.

providing a uniform set of conditions of restitution for juvenile offenses, regardless of whether adjudication is imposed or withheld;

authorizing the court to establish a payment plan inunder certain circumstances;

authorizingrequiring the child’sclerk parent or guardian to benotify absolvedthe ofcourt liabilityif fora restitutionpayment inplan certainis circumstances;not followed;

authorizingremoving theduplicative courtprovisions; to order restitution to be paid only by the parents or guardians who have current custody and parental responsibility;

providing that the Department of Children and Families, foster parents, and specified facilities and agencies are not guardians for purposes of restitution;

removingproviding duplicativea provisions;uniform set of conditions for jurisdiction over a child’s parent or guardian concerning restitution, regardless of whether adjudication is imposed or withheld;

authorizing the child’s parent or guardian to be absolved of liability for restitution under certain circumstances;

providing that the Department of Children and Families, foster parents, and specified facilities and agencies are not considered parents or guardians for purposes of restitution;

2024 Be It Enacted by the Legislature of the State of Florida:

2226 Section 1. Paragraph1. Section (a)985.437, of subsection (4) of section 985.35, Florida Statutes, is amended to read:

985.35 Adjudicatory hearings;

withheld adjudications;

orders of adjudication.— (4) If the court finds that the child named in the petition has committed a delinquent act or violation of law, it may, in its discretion, enter an order stating the facts upon which its finding is based but withholding adjudication of delinquency.

(a) Upon withholding adjudication of delinquency, the court may place the child in a probation program under the supervision of the department or under the supervision of any other person or agency specifically authorized and appointed by the court.

The court may, as a condition of the program, impose as a penalty component restitution in money or in kind to be made by the child and the child’s parent or guardian as provided in s.

985.437, community service, a curfew, urine monitoring, revocation or suspension of the driver license of the child, or other nonresidential punishment appropriate to the offense, and may impose as a rehabilitative component a requirement of participation in substance abuse treatment, or school or other educational program attendance.

Section 2. Present subsection (5) of section 985.437, Florida Statutes, is renumbered as subsection (7), a new subsection (5) and subsection (6) are added to that section, and subsections (1), (2), and (4) of that section are amended, to read:

(2) If the court orders restitution, the court shall may order the child and the child’s parent or guardian to make restitution in money, through a promissory note cosigned by the child’s parent or guardian, oras inprovided kindunder fors. any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court.

985.513, to make restitution in money, through a promissory note signed by the child and cosigned by the child’s parent or guardian, or in kind for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court.

If the child and the child’s parent or guardian are unable to make restitution in kind or to pay the restitution in one lump-sumlump payment,sum, the court may establish a payment plan thatbased reflectson theirthe child’s and the child’s parent or guardian’s ability to pay the restitution amount.

(4) The(3) The child’sclerk parentof orthe guardiancircuit maycourt shall be absolvedthe ofreceiving liabilityand fordispensing restitutionagent. under this section if:

(a) AfterIn asuch hearing,case, the court findsshall thatorder itthe ischild and or the child’s firstparent referralor guardian to thepay delinquencyto systemthe andoffice Aof finding by the court,clerk afterof athe hearing,circuit thatcourt thean child’samount parentnot orto guardianexceed hasthe madeactual diligentcost andincurred goodby faiththe effortsclerk toas preventa theresult childof fromreceiving engagingand indispensing delinquentrestitution acts;payments.

orThe (b) Theclerk victimshall entitlednotify tothe court if restitution asis not made or if a resultrestitution ofpayment damageplan oris lossnot causedfollowed, byand the child’scourt offenseshall istake thatany child’sfurther absolvesaction thethat parentis ornecessary guardianagainst ofthe liabilitychild forand restitutionor underthe thischild’s section.parent or guardian.

(5) The(4) A courtfinding mayby orderthe restitutioncourt, toafter bea madehearing, inthat kindthe parent or paidguardian onlyhas bymade diligent and good faith efforts to prevent the parentschild orfrom guardiansengaging whoin havedelinquent currentacts custodyabsolves ofthe andparent parentalor responsibilityguardian of liability for therestitution child.under this section.

(6) For(5) The purposescourt ofmay thisretain section,jurisdiction theover Departmenta ofchild Children and Families,the achild’s foster parent withor whomlegal theguardian childwhom is placed, the community-basedcourt carehas leadordered agencyto supervisingpay therestitution placementuntil of the childrestitution pursuantorder tois asatisfied contractor withuntil the Departmentcourt oforders Childrenotherwise, andas Families,provided orin a facility licensed or registered under s.

409.175985.0301. or s.

409.176Section is2. Section not985.513, consideredFlorida aStatutes, guardian responsible for restitution for the delinquent acts of a child who is foundamended to beread: dependent as defined in s.

39.01(15).

Section 3. Subsection (1) of section 985.513, Florida Statutes, is amended to read:

(2) Regardless of whether adjudication is imposed or withheld, if the court orders restitution under s.

985.437, the court shall order the child and the child’s parent or guardian to make restitution in money, through a promissory note signed by the child and cosigned by the child’s parent or guardian, or in kind for any damage or loss caused by the child’s offense.

985.0301, over the child and the child’s parent or legal guardian whom the court has ordered to make restitution in kind or pay restitution until the restitution order is satisfied or the court orders otherwise.

Section(a) The 4. Thischild’s actparent shallor takeguardian effectmay Julybe 1,absolved 2020.of liability for restitution ordered under this chapter if:

1. After a hearing, the court finds that it is the child’s first referral to the delinquency system and that the child’s parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts;

2. The victim entitled to restitution is the child’s parent or guardian;