Bill Text: FL S0710 | 2011 | Regular Session | Introduced

---

Bill Title: Conditions of Probation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0710 Detail]

Download: Florida-2011-S0710-Introduced.html

---

       Florida Senate - 2011                                     SB 710
       
       
       
       By Senator Siplin
       
       
       
       
       19-00978-11                                            2011710__
    1                        A bill to be entitled                      
    2         An act relating to conditions of probation; amending
    3         s. 948.032, F.S.; requiring a defendant’s probation
    4         officer to evaluate certain specified factors before
    5         alleging to the court that the defendant has violated
    6         his or her probation because the defendant failed to
    7         pay court-ordered restitution; providing an effective
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 948.032, Florida Statutes, is amended to
   13  read:
   14         948.032 Condition of probation; restitution.—
   15         (1) If a defendant is placed on probation, any restitution
   16  ordered under s. 775.089 shall be a condition of the probation.
   17  The court may revoke probation if the defendant fails to comply
   18  with the order.
   19         (2) When deciding whether to allege a violation of
   20  probation because the defendant failed to pay his or her court
   21  ordered restitution, the probation officer shall evaluate and
   22  document for the court’s consideration the defendant’s
   23  employment status, earning ability, and financial resources; the
   24  willfulness of the defendant’s failure to pay; and any other
   25  special circumstance that may have a bearing on the defendant’s
   26  ability to pay.
   27         (3) In determining whether to revoke probation, the court
   28  shall consider the defendant’s employment status, earning
   29  ability, and financial resources; the willfulness of the
   30  defendant’s failure to pay; and any other special circumstances
   31  that may have a bearing on the defendant’s ability to pay.
   32         Section 2. This act shall take effect July 1, 2011.