House Bill hb0349
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Florida House of Representatives - 2001 HB 349
By Representative Gannon
1 A bill to be entitled
2 An act relating to the support owed to a child
3 or spouse; amending s. 827.06, F.S.;
4 prescribing the elements of felony nonsupport
5 of a child or spouse; providing penalties;
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. Section 827.06, Florida Statutes, is
11 amended to read:
12 827.06 Persistent nonsupport.--
13 (1) Any person who, after notice, fails to provide
14 support that which he or she is able to provide to a child
15 children or a spouse whom the person knows he or she is
16 legally obligated to support commits, and over whom no court
17 has jurisdiction in any proceedings for child support or
18 dissolution of marriage, shall be guilty of a misdemeanor of
19 the first degree, punishable as provided in s. 775.082 or s.
20 775.083.
21 (2) Any person who fails to provide support that he or
22 she is able to provide to a child or a spouse whom the person
23 knows he or she is legally obligated to support and who has
24 owed to that child or spouse for more than 1 year support in
25 an amount equal to or greater than $5,000 commits a felony of
26 the third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084. Prior to commencing prosecution under
28 this section, the state attorney must advise the person
29 responsible for support by certified mail, return receipt
30 requested, that a prosecution under this section will be
31 commenced against him or her unless the person makes such
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Florida House of Representatives - 2001 HB 349
761-100-01
1 delinquent support payments or provides a satisfactory
2 explanation as to why he or she has not made such payments.
3 Section 2. This act shall take effect October 1, 2001.
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6 LEGISLATIVE SUMMARY
7 Provides that a person commits a third degree felony if
he or she has, for more than 1 year, owed $5,000 or more
8 in support to a child or spouse whom the person knows he
or she is obligated to support and fails to provide
9 legally obligated support that he or she is able to
provide.
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