1

A bill to be entitled

2

An act relating to restitution; amending s. 775.089, F.S.;

3

requiring that court-ordered restitution by a defendant to

4

the victim be paid before any other obligation ordered by

5

the court; requiring that the court state its reasons if

6

it provides for any other priority; requiring an equal

7

distribution of restitution among multiple victims;

8

requiring the Department of Corrections to collect

9

restitution from offenders under its supervision in

10

certain circumstances; providing an effective date.

11

12

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

13

14

     Section 1.  Subsections (1) and (5) of section 775.089,

15

Florida Statutes, are amended to read:

16

     775.089  Restitution.--

17

     (1)(a)  In addition to any punishment, the court shall order

18

the defendant to make restitution to the victim for:

19

     1.  Damage or loss caused directly or indirectly by the

20

defendant's offense; and

21

     2.  Damage or loss related to the defendant's criminal

22

episode,

23

24

unless it finds clear and compelling reasons not to order such

25

restitution. Restitution may be monetary or nonmonetary

26

restitution. The court shall make the payment of restitution a

27

condition of probation in accordance with s. 948.03. An order

28

requiring the defendant to make restitution to a victim does not

29

remove or diminish the requirement that the court order payment

30

to the Crimes Compensation Trust Fund pursuant to chapter 960.

31

Payment of an award by the Crimes Compensation Trust Fund shall

32

create an order of restitution to the Crimes Compensation Trust

33

Fund, unless specifically waived in accordance with subparagraph

34

(b)1.

35

     (b)1.  If the court does not order restitution, or orders

36

restitution of only a portion of the damages, as provided in this

37

section, it shall state on the record in detail the reasons

38

therefor.

39

     2.  An order of restitution entered as part of a plea

40

agreement is as definitive and binding as any other order of

41

restitution, and a statement to such effect must be made part of

42

the plea agreement. A plea agreement may contain provisions that

43

order restitution relating to criminal offenses committed by the

44

defendant to which the defendant did not specifically enter a

45

plea.

46

     (c)  The term "victim" as used in this section and in any

47

provision of law relating to restitution means each person who

48

suffers property damage or loss, monetary expense, or physical

49

injury or death as a direct or indirect result of the defendant's

50

offense or criminal episode, and also includes the victim's

51

estate if the victim is deceased, and the victim's next of kin if

52

the victim is deceased as a result of the offense.

53

(d) If the court orders that the defendant make restitution

54

to the victim, the restitution owed shall take priority and be

55

paid before any other obligation of the defendant which is

56

ordered by the court. If the court places priority for any other

57

obligation above restitution to the victim, it must state on the

58

record in detail the reasons therefor. If the court orders the

59

defendant to make restitution to more than one victim, the

60

payment shall be distributed to each victim equally.

61

     (5)  An order of restitution may be enforced by the state,

62

or by a victim named in the order to receive the restitution, in

63

the same manner as a judgment in a civil action. The outstanding

64

unpaid amount of the order of restitution bears interest in

65

accordance with s. 55.03, and, when properly recorded, becomes a

66

lien on real estate owned by the defendant. If the court reduces

67

the restitution order to a judgment in a civil action, the

68

Department of Corrections shall collect the restitution while the

69

offender is incarcerated or under the department's supervision.

70

If civil enforcement is necessary, the defendant shall be liable

71

for costs and attorney's fees incurred by the victim in enforcing

72

the order.

73

     Section 2.  This act shall take effect July 1, 2008.