Senate Bill sb1064

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    Florida Senate - 2005                                  SB 1064

    By Senators King, Lynn and Wise





    8-678B-05

  1                      A bill to be entitled

  2         An act relating to restitution and other

  3         court-ordered payments; amending s. 775.089,

  4         F.S.; transferring the responsibility for

  5         collecting and disbursing restitution and other

  6         court-ordered payments from the Department of

  7         Corrections to the Department of Revenue;

  8         requiring the Department of Revenue to conduct

  9         a needs assessment and cost-benefit analysis of

10         the system of court-ordered payments; requiring

11         the State Technology Office to provide

12         assistance, if available; authorizing the

13         Department of Revenue to procure from a private

14         vendor services for collecting restitution and

15         court-ordered payments; requiring that the new

16         system for collecting and disbursing

17         restitution and other payments be operational

18         by a specified date; requiring the Department

19         of Revenue to include performance standards in

20         its contract with a private vendor; amending s.

21         948.09, F.S., relating to payments for the

22         costs of supervision and rehabilitation;

23         conforming provisions to changes made by the

24         act; requiring the Department of Corrections to

25         establish a payment schedule for each offender

26         and provide this information to the Department

27         of Revenue; requiring disbursement of payments

28         by the Department of Revenue; requiring that

29         restitution payments be deposited into the

30         Crimes Compensation Trust Fund when the

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    Florida Senate - 2005                                  SB 1064
    8-678B-05




 1         Department of Revenue is unable to locate a

 2         victim; providing an effective date.

 3  

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

 5  

 6         Section 1.  Subsection (11) of section 775.089, Florida

 7  Statutes, is amended to read:

 8         775.089  Restitution.--

 9         (11)(a)  The court may order the clerk of the court to

10  collect and dispense restitution payments in any case.

11         (b)  The Department of Revenue shall court may order

12  the Department of Corrections to collect and dispense

13  restitution and other payments ordered by the court from

14  persons remanded to the its custody or supervision of the

15  Department of Corrections.

16         Section 2.  The Department of Corrections shall

17  transfer its responsibility for collecting and disbursing

18  restitution and other payments from offenders, as provided

19  under section 775.089(11)(b), Florida Statutes, to the

20  Department of Revenue by December 31, 2006.

21         (1)  To assist in this transfer, the Department of

22  Revenue shall work with the staff of the Department of

23  Corrections to conduct, by September 30, 2005, a needs

24  assessment and cost-benefit analysis of the restitution and

25  court-ordered payment system. If available, the State

26  Technology Office shall provide assistance in conducting the

27  needs assessment.

28         (2)  Based on the results of the needs assessment and

29  cost-benefit analysis, the Department of Revenue may, through

30  competitive bidding, procure services from a private vendor to

31  perform the functions necessary to collect and disburse

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    Florida Senate - 2005                                  SB 1064
    8-678B-05




 1  restitution and other payments from offenders. The new system

 2  for collecting and disbursing restitution and other payments

 3  shall be operational by December 31, 2006.

 4         (3)  The Department of Revenue shall include

 5  performance standards in its contract with the private vendor.

 6  Such standards may include the vendor's effectiveness in

 7  customer service; the efficiency of the vendor in disbursing

 8  collections; and the timeliness of the vendor in depositing

 9  payments, disbursing payments, and correcting errors.

10         Section 3.  Subsection (7) of section 948.09, Florida

11  Statutes, is amended to read:

12         948.09  Payment for cost of supervision and

13  rehabilitation.--

14         (7)(a)  The department shall establish a payment plan

15  for all costs ordered by the courts for collection by the

16  Department of Revenue and a priority order for payments,

17  except that victim restitution payments authorized under s.

18  948.03(1)(e) s. 948.03(5) take precedence over all other

19  court-ordered payments. The Department of Revenue is not

20  required to disburse cumulative amounts of less than $10 to

21  individual payees established on this payment plan.

22         (b)  The Department of Corrections shall establish a

23  payment schedule for each offender and provide this payment

24  information to the Department of Revenue. The Department of

25  Revenue shall disburse payments made by an offender first to

26  the victim of the offense, then to other payees in the order

27  of priority established by the court or the Department of

28  Corrections. The Department of Revenue shall provide to the

29  Department of Corrections an automated monthly statement of

30  the amount collected from each offender and the amount

31  disbursed.

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    Florida Senate - 2005                                  SB 1064
    8-678B-05




 1         (c)  The Department of Revenue shall use due diligence

 2  in locating victims for purposes of making restitution

 3  payments. If the Department of Revenue is unable to locate a

 4  victim within 180 days, the Department of Revenue shall

 5  disburse that victim's restitution payments to the Crimes

 6  Compensation Trust Fund established in s. 960.21.

 7         Section 4.  This act shall take effect upon becoming a

 8  law.

 9  

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11                          SENATE SUMMARY

12    Requires that the Department of Corrections transfer to
      the Department of Revenue by December 31, 2006,
13    responsibility for collecting and disbursing restitution
      and other court-ordered payments. Authorizes the
14    Department of Revenue to enter into a contract with a
      private vendor to operate the collection and disbursement
15    system. Requires the Department of Corrections to
      establish a payment schedule for each offender and to
16    provide this information to the Department of Revenue.
      Provides for restitution payments to be deposited into
17    the Crimes Compensation Trust Fund when the Department of
      Revenue is unable to locate the victim.
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