House Bill 0013

    Florida House of Representatives - 1999                  HB 13

        By Representative Heyman






  1                      A bill to be entitled

  2         An act relating to restitution; amending s.

  3         775.089, F.S.; specifying retention of

  4         jurisdiction by county courts to enforce

  5         restitution under certain circumstances;

  6         providing an effective date.

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

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10         Section 1.  Subsection (5) of section 775.089, Florida

11  Statutes, is amended to read:

12         775.089  Restitution.--

13         (5)  An order of restitution may be enforced by the

14  state, or by a victim named in the order to receive the

15  restitution, in the same manner as a judgment in a civil

16  action.  The outstanding unpaid amount of the order of

17  restitution bears interest in accordance with s. 55.03, and,

18  when properly recorded, becomes a lien on real estate owned by

19  the defendant.  If civil enforcement is necessary, the

20  defendant shall be liable for costs and attorney's fees

21  incurred by the victim in enforcing the order. Notwithstanding

22  this subsection, a county court which has ordered restitution

23  under this section for a misdemeanor offense shall retain

24  jurisdiction for the specified period of restitution and shall

25  enforce the payment of such restitution.

26         Section 2.  This act shall take effect October 1 of the

27  year in which enacted.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                  HB 13

    551-131-99






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  2                          HOUSE SUMMARY

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      Requires a county court ordering restitution for a
  4    misdemeanor offense to retain jurisdiction for the period
      of restitution and enforce payment of the restitution.
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