1

The Committee on Criminal Justice (King) recommended the

2

following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete line(s) 40-86

6

and insert:

7

     Section 3.  Subsection (1) of section 775.089, Florida

8

Statutes, is amended to read:

9

     775.089  Restitution.--

10

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

11

the defendant to make restitution to the victim for:

12

     1.  Damage or loss caused directly or indirectly by the

13

defendant's offense; and

14

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

15

episode,

16

17

unless it finds clear and compelling reasons not to order such

18

restitution. Restitution may be monetary or nonmonetary

19

restitution. The court shall make the payment of restitution a

20

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

21

requiring the defendant to make restitution to a victim does not

22

remove or diminish the requirement that the court order payment

23

to the Crimes Compensation Trust Fund pursuant to chapter 960.

24

Payment of an award by the Crimes Compensation Trust Fund shall

25

create an order of restitution to the Crimes Compensation Trust

26

Fund, unless specifically waived in accordance with subparagraph

27

(b)1.

28

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

29

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

30

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

31

therefor.

32

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

33

agreement is as definitive and binding as any other order of

34

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

35

the plea agreement. A plea agreement may contain provisions that

36

order restitution relating to criminal offenses committed by the

37

defendant to which the defendant did not specifically enter a

38

plea.

39

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

40

provision of law relating to restitution means each person who

41

suffers property damage or loss, monetary expense, or physical

42

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

43

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

44

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

45

the victim is deceased as a result of the offense.

46

     (d) If a child is born as the result of a sexual battery as

47

proscribed in s. 794.011, or a lewd or lascivious battery as

48

proscribed in s. 800.04(4), the court may order the defendant to

49

pay restitution to the victim, for the monetary expenses related

50

to the support of the child, unless the parental rights of the

51

victim have been terminated pursuant to chapter 39. This

52

subsection does not preclude the court from ordering any other

53

restitution to which the victim of a sexual battery or lewd or

54

lascivious battery may be entitled pursuant to this section,

55

regardless of whether or not a child is born. If restitution is

56

ordered:

57

     1. The court shall give consideration to the child support

58

guideline schedules provided in s. 61.30 when determining the

59

amount of restitution.

60

     2. The amount may not be reduced due to the offender's

61

inability to pay.

62

63

(Redesignate Subsequent Section.)

64

65

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

66

And the title is amended as follows:

67

     Delete line(s) 7-10

68

and insert:

69

authorizing restitution to the victim of sexual battery or

70

lewd or lascivious battery to pay for the expenses of the

71

child;

4/7/2008  9:54:00 AM     CJ.8.06709