Bill Amendment: FL S0354 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Restitution
Status: 2021-07-06 - Chapter No. 2021-172 [S0354 Detail]
Download: Florida-2021-S0354-Senate_Committee_Substitue_Amendment_456722_Amendment_Delete_All_567642_.html
Bill Title: Restitution
Status: 2021-07-06 - Chapter No. 2021-172 [S0354 Detail]
Download: Florida-2021-S0354-Senate_Committee_Substitue_Amendment_456722_Amendment_Delete_All_567642_.html
Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 354 Ì456722'Î456722 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Harrell) recommended the following: 1 Senate Substitute for Amendment (567642) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (7) of section 775.089, Florida 7 Statutes, is amended to read: 8 775.089 Restitution.— 9 (7) 10 (a) While the primary purpose of restitution is to 11 compensate the victim, it also serves the rehabilitative and 12 deterrent goals of the criminal justice system. 13 (b) Restitution must be determined on a fair market value 14 basis unless the state, victim, or defendant shows that using 15 another basis, including but not limited to replacement cost, 16 purchase price less depreciation, or actual cost of repair, is 17 equitable and better furthers the purposes of restitution. 18 (c) Any dispute as to the proper amount or type of 19 restitution shall be resolved by the court by the preponderance 20 of the evidence. The court may consider hearsay evidence for 21 this purpose. The burden of demonstrating the amount of the loss 22 sustained by a victim as a result of the offense is on the state 23 attorney. The burden of demonstrating the present financial 24 resources and the absence of potential future financial 25 resources of the defendant and the financial needs of the 26 defendant and his or her dependents is on the defendant. The 27 burden of demonstrating such other matters as the court deems 28 appropriate is upon the party designated by the court as justice 29 requires. 30 Section 2. Subsection (2) of section 985.437, Florida 31 Statutes, is amended to read: 32 985.437 Restitution.— 33 (2) 34 (a) While the purpose of restitution is to compensate the 35 victim, it also serves the rehabilitative and deterrent goals of 36 the juvenile justice system. 37 (b) The court may order the child to make restitution in 38 money, through a promissory note cosigned by the child’s parent 39 or guardian, or in kind for any damage or loss caused by the 40 child’s offense in a reasonable amount or manner to be 41 determined by the court. Restitution must be determined on a 42 fair market value basis unless the state, victim, or child shows 43 that using another basis, including but not limited to 44 replacement cost, purchase price less depreciation, or actual 45 cost of repair, is equitable and better furthers the purposes of 46 restitution. The court may consider hearsay evidence for this 47 purpose. 48 (c) When restitution is ordered by the court, the amount of 49 restitution may not exceed an amount the child and the parent or 50 guardian could reasonably be expected to pay or make. 51 Section 3. This act shall take effect July 1, 2021. 52 53 ================= T I T L E A M E N D M E N T ================ 54 And the title is amended as follows: 55 Delete everything before the enacting clause 56 and insert: 57 A bill to be entitled 58 An act relating to restitution; amending s. 775.089, 59 F.S.; providing for the purposes of restitution in a 60 criminal proceeding; specifying the standards for 61 valuation of a restitution order; allowing hearsay 62 testimony regarding valuation of a restitution award; 63 amending s. 985.437, F.S.; providing for the purposes 64 of restitution in a delinquency proceeding; specifying 65 the standards for valuation of a restitution order; 66 allowing hearsay testimony regarding valuation of a 67 restitution award; providing an effective date.