HOUSE AMENDMENT
Bill No. HB 349 Barcode 030345
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Judicial Oversight offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 827.06, Florida Statutes, is
18 amended to read:
19 827.06 Persistent Nonsupport of dependents.--
20 (1) Any person who, after notice, and who has been
21 previously adjudged in contempt for failure to comply with a
22 support order, willfully fails to provide support which he or
23 she has the ability is able to provide to a child children or
24 a spouse whom the person knows he or she is legally obligated
25 to support commits, and over whom no court has jurisdiction in
26 any proceedings for child support or dissolution of marriage,
27 shall be guilty of a misdemeanor of the first degree,
28 punishable as provided in s. 775.082 or s. 775.083. In lieu of
29 any punishment imposed pursuant to s. 775.082 or s. 775.083,
30 any person who is convicted of a violation of this subsection
31 shall be punished:
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File original & 9 copies 03/29/01
hjo0006 12:03 pm 00349-jo -030345
HOUSE AMENDMENT
Bill No. HB 349 Barcode 030345
Amendment No. 01 (for drafter's use only)
1 (a) By a fine to be paid after restitution for:
2 1. Not less than $250 or more than $500 for a first
3 conviction.
4 2. Not less than $500 or more than $1,000 for a second
5 conviction.
6 3. Not less than $1,000 or more than $1,500 for a
7 third conviction; and
8 (b) By imprisonment for:
9 1. Not less than 15 days or more than 1 month for a
10 first conviction.
11 2. Not less than 1 month or more than 3 months for a
12 second conviction.
13 3. Not less than 3 months or more than 6 months for a
14 third conviction.
15 (2) Any person who is convicted of a fourth or
16 subsequent violation of subsection (1) or who willfully fails
17 to provide child or spousal support for more than 1 year in an
18 amount equal to or greater than $5,000 commits a felony of the
19 third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (3) Upon a conviction under this section, the court
22 shall order restitution in an amount equal to the total unpaid
23 support obligation as it exists at the time of sentencing.
24 (4)(a) Evidence that the defendant willfully failed to
25 make sufficient bona fide efforts to legally acquire the
26 resources to pay legally ordered support may be sufficient to
27 prove that he or she had the ability to provide support but
28 willfully failed to do so, in violation of this section.
29 (b) The element of notice may be satisfied if a court
30 or tribunal as defined by s. 88.1011(22) has entered an order
31 that obligates the defendant to provide the support.
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File original & 9 copies 03/29/01
hjo0006 12:03 pm 00349-jo -030345
HOUSE AMENDMENT
Bill No. HB 349 Barcode 030345
Amendment No. 01 (for drafter's use only)
1 (2) Prior to commencing prosecution under this
2 section, the state attorney must advise the person responsible
3 for support by regular mail to the person's last known address
4 certified mail, return receipt requested, that a prosecution
5 under this section will be commenced against him or her unless
6 the person makes such delinquent support payments or provides
7 a satisfactory explanation as to why he or she has not made
8 such payments.
9 Section 2. This act shall take effect October 1, 2001.
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13 And the title is amended as follows:
14 remove from the title of the bill: the entire title
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16 and insert in lieu thereof:
17 A bill to be entitled
18 An act relating to support of dependents;
19 amending s. 827.06, F.S.; providing alternative
20 punishment for nonsupport of dependents;
21 providing a felony penalty for fourth or
22 subsequent violations; providing for the amount
23 of restitution due; providing requirements with
24 respect to certain evidence; providing for
25 satisfaction of the element of notice under
26 certain circumstances; providing an effective
27 date.
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File original & 9 copies 03/29/01
hjo0006 12:03 pm 00349-jo -030345