Senate Bill sb0400er
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2 An act relating to support of dependents;
3 amending s. 827.06, F.S.; providing alternative
4 punishment for nonsupport of dependents;
5 providing a felony penalty for fourth or
6 subsequent violations; providing for the amount
7 of restitution due; providing requirements with
8 respect to certain evidence; providing for
9 satisfaction of the element of notice under
10 certain circumstances; providing an effective
11 date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 827.06, Florida Statutes, is
16 amended to read:
17 827.06 Persistent Nonsupport of dependents.--
18 (1) The Legislature finds that most noncustodial
19 parents want to support their children and remain connected to
20 their families. The Legislature also finds that while many
21 noncustodial parents lack the financial resources and other
22 skills necessary to provide that support, a small percentage
23 of such parents willfully fail to provide support to their
24 children even when they are aware of the obligation and have
25 the ability to do so pursuant to s. 61.30. The Legislature
26 further finds that existing statutory provisions for civil
27 enforcement of support have not proven sufficiently effective
28 or efficient in gaining adequate support for all children.
29 Recognizing that it is the public policy of this state that
30 children shall be maintained primarily from the resources of
31 their parents, thereby relieving, at least in part, the burden
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1 presently borne by the general citizenry through public
2 assistance programs, it is the intent of the Legislature that
3 the criminal penalties provided for in this section are to be
4 pursued in all appropriate cases where exhaustion of
5 appropriate civil enforcement has not resulted in payment.
6 (2)(1) Any person who, after notice as specified in
7 subsection (6), and who has been previously adjudged in
8 contempt for failure to comply with a support order, willfully
9 fails to provide support which he or she has the ability is
10 able to provide to a child children or a spouse whom the
11 person knows he or she is legally obligated to support
12 commits, and over whom no court has jurisdiction in any
13 proceedings for child support or dissolution of marriage,
14 shall be guilty of a misdemeanor of the first degree,
15 punishable as provided in s. 775.082 or s. 775.083. In lieu of
16 any punishment imposed pursuant to s. 775.082 or s. 775.083,
17 any person who is convicted of a violation of this subsection
18 shall be punished:
19 (a) By a fine to be paid after restitution for:
20 1. Not less than $250 nor more than $500 for a first
21 conviction.
22 2. Not less than $500 nor more than $750 for a second
23 conviction.
24 3. Not less than $750 nor more than $1,000 for a third
25 conviction; and
26 (b) By imprisonment for:
27 1. Not less than 15 days nor more than 1 month for a
28 first conviction.
29 2. Not less than 1 month nor more than 3 months for a
30 second conviction.
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1 3. Not less than 3 months nor more than 6 months for a
2 third conviction.
3 (3) Any person who is convicted of a fourth or
4 subsequent violation of subsection (2) or who violates
5 subsection (2) and who has owed to that child or spouse for
6 more than 1 year support in an amount equal to or greater than
7 $5,000 commits a felony of the third degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 (4) Upon a conviction under this section, the court
10 shall order restitution in an amount equal to the total unpaid
11 support obligation as it exists at the time of sentencing.
12 (5)(a) Evidence that the defendant willfully failed to
13 make sufficient good faith efforts to legally acquire the
14 resources to pay legally ordered support may be sufficient to
15 prove that he or she had the ability to provide support but
16 willfully failed to do so, in violation of this section.
17 (b) The element of knowledge may be proven by evidence
18 that a court or tribunal as defined by s. 88.1011(22) has
19 entered an order that obligates the defendant to provide the
20 support.
21 (6)(2) Prior to commencing prosecution under this
22 section, the state attorney must notify advise the person
23 responsible for support by certified mail, return receipt
24 requested, that a prosecution under this section will be
25 commenced against him or her unless the person pays the total
26 unpaid support obligation makes such delinquent support
27 payments or provides a satisfactory explanation as to why he
28 or she has not made such payments.
29 Section 2. This act shall take effect October 1, 2001.
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