House Bill 0013c1

    Florida House of Representatives - 1999               CS/HB 13

        By the Committee on Crime & Punishment and 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 section, a court which has ordered restitution for a

23  misdemeanor offense shall retain jurisdiction for the purpose

24  of enforcing the restitution order for any period, not to

25  exceed 5 years, that is pronounced by the court at the time

26  restitution is ordered.

27         Section 2.  This act shall take effect October 1, 1999.

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