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:
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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.
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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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