Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 638

171762

CHAMBER ACTION

Senate

Comm: WD

1/23/2008

.

.

.

.

.

House



1

The Committee on Children, Families, and Elder Affairs (Baker)

2

recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 20 and 21

6

insert:

7

     Section 2. Subsection (3) of section 775.089, Florida

8

Statutes, is amended to read:

9

     (3)(a)  The court may require that the defendant make

10

restitution under this section within a specified period or in

11

specified installments.

12

     (b)  The end of such period or the last such installment

13

shall not be later than:

14

     1.  The end of the period of probation if probation is

15

ordered;

16

     2.  Five years after the end of the term of imprisonment

17

imposed if the court does not order probation; or

18

     3.  Five years after the date of sentencing in any other

19

case.

20

     (c)  Notwithstanding this subsection, a court that has

21

ordered restitution for a misdemeanor offense shall retain

22

jurisdiction for the purpose of enforcing the restitution order

23

for any period, not to exceed 5 years, that is pronounced by the

24

court at the time restitution is ordered.

25

     (d)     Notwithstanding this subsection, a court that has

26

ordered restitution for the offense of sexual battery pursuant

27

to s. 794.057, F.S., shall retain jurisdiction for the purpose

28

of enforcing the restitution order.

29

     (d) (e)     If not otherwise provided by the court under this

30

subsection, restitution must be made immediately.

31

32

If the restitution ordered by the court is not made within the

33

time period specified, the court may continue the restitution

34

order through the duration of the civil judgment provision set

35

forth in subsection (5) and as provided in s. 55.10.

36

37

================ T I T L E  A M E N D M E N T ================

38

And the title is amended as follows:

39

     On line(s) 4 after "battery;"

40

and insert: amending s. 775.089; authorizing court to retain

41

jurisdiction;

42

...

1/22/2008  1:55:00 PM     CF.CF.03203

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