Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 354
       
       
       
       
       
       
                                Ì456722'Î456722                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2021           .                                
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       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.