Senate Bill sb2066

    Florida Senate - 2002                                  SB 2066

    By Senator Smith





    5-1187-02

  1                      A bill to be entitled

  2         An act relating to the fair treatment of

  3         victims of crime; amending s. 960.001, F.S.;

  4         requiring the clerk of the court to provide

  5         information to a victim on enforcing a civil

  6         lien or civil judgment against the defendant;

  7         requiring that the information be provided as

  8         written instructions and posted on an Internet

  9         website if available; providing an effective

10         date.

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

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14         Section 1.  Paragraph (j) of subsection (1) of section

15  960.001, Florida Statutes, is amended to read:

16         960.001  Guidelines for fair treatment of victims and

17  witnesses in the criminal justice and juvenile justice

18  systems.--

19         (1)  The Department of Legal Affairs, the state

20  attorneys, the Department of Corrections, the Department of

21  Juvenile Justice, the Parole Commission, the State Courts

22  Administrator and circuit court administrators, the Department

23  of Law Enforcement, and every sheriff's department, police

24  department, or other law enforcement agency as defined in s.

25  943.10(4) shall develop and implement guidelines for the use

26  of their respective agencies, which guidelines are consistent

27  with the purposes of this act and s. 16(b), Art. I of the

28  State Constitution and are designed to implement the

29  provisions of s. 16(b), Art. I of the State Constitution and

30  to achieve the following objectives:

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






    Florida Senate - 2002                                  SB 2066
    5-1187-02




  1         (j)  Notification of right to request restitution.--Law

  2  enforcement agencies and the state attorney shall inform the

  3  victim of the victim's right to request and receive

  4  restitution pursuant to s. 775.089 or s. 985.231(1)(a)1., and

  5  of the victim's rights of enforcement under ss. 775.089(6) and

  6  985.201 in the event an offender does not comply with a

  7  restitution order. The state attorney shall seek the

  8  assistance of the victim in the documentation of the victim's

  9  losses for the purpose of requesting and receiving

10  restitution. In addition, the state attorney shall inform the

11  victim if and when restitution is ordered. If an order of

12  restitution is converted to a civil lien or civil judgment

13  against the defendant, the clerk of the court shall provide

14  information to the victim on enforcing the civil lien or

15  judgment. The clerk shall provide this information in the form

16  of written instructions and, if available, shall post the

17  information on an Internet website.

18         Section 2.  This act shall take effect July 1, 2002.

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21                          SENATE SUMMARY

22    Requires that, if an order of restitution is converted to
      a civil lien or judgment, the clerk of the court provide
23    the victim with information on enforcing the civil lien
      or judgment. Requires that the clerk provide information
24    in writing and, if possible, post the information on an
      Internet website.
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CODING: Words stricken are deletions; words underlined are additions.