Senate Bill 0744c1

    Florida Senate - 1999                            CS for SB 744

    By the Committee on Criminal Justice and Senator Campbell





    307-1692-99

  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 courts to enforce restitution

  5         under certain circumstances; providing an

  6         effective date.

  7

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

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10         Section 1.  Subsection (3) of section 775.089, Florida

11  Statutes, is amended to read:

12         775.089  Restitution.--

13         (3)(a)  The court may require that the defendant make

14  restitution under this section within a specified period or in

15  specified installments.

16         (b)  The end of such period or the last such

17  installment shall not be later than:

18         1.  The end of the period of probation if probation is

19  ordered;

20         2.  Five years after the end of the term of

21  imprisonment imposed if the court does not order probation; or

22         3.  Five years after the date of sentencing in any

23  other case.

24         (c)  Notwithstanding this subsection, a court that has

25  ordered restitution for a misdemeanor offense shall retain

26  jurisdiction for the purpose of enforcing the restitution

27  order for any period, not to exceed 5 years, that is

28  pronounced by the court at the time restitution is ordered.

29         (d)(c)  If not otherwise provided by the court under

30  this subsection, restitution must be made immediately.

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






    Florida Senate - 1999                            CS for SB 744
    307-1692-99




  1  If the restitution ordered by the court is not made within the

  2  time period specified, the court may continue the restitution

  3  order through the duration of the civil judgment provision set

  4  forth in subsection (5) and as provided in s. 55.10.

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

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 744

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10  -     Places the bill's provisions in subsection (3), the
          payment schedules provision of s. 775.089, F.S.
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    -     Deletes "county court" reference and specifies "court"
12        so that either a county or circuit court could retain
          jurisdiction.
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    -     Contains a 5 year limitation on the court's authority to
14        retain jurisdiction.

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