Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1884
       
       
       
       
       
       
                                Barcode 245820                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/27/2011           .                                
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       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Between lines 117 and 118
    5  insert:
    6         Section 2. Subsection (1) of section 775.089, Florida
    7  Statutes, is amended to read:
    8         775.089 Restitution.—
    9         (1)(a) In addition to any punishment, the court shall order
   10  the defendant to make restitution to the victim for:
   11         1. Damage or loss caused directly or indirectly by the
   12  defendant’s offense; and
   13         2. Damage or loss related to the defendant’s criminal
   14  episode,
   15  
   16  unless it finds clear and compelling reasons not to order such
   17  restitution. Restitution may be monetary or nonmonetary
   18  restitution. The court shall make the payment of restitution a
   19  condition of probation in accordance with s. 948.03. An order
   20  requiring the defendant to make restitution to a victim does not
   21  remove or diminish the requirement that the court order payment
   22  to the Crimes Compensation Trust Fund pursuant to chapter 960.
   23  Payment of an award by the Crimes Compensation Trust Fund shall
   24  create an order of restitution to the Crimes Compensation Trust
   25  Fund, unless specifically waived in accordance with subparagraph
   26  (b)1.
   27         (b)1. If the court does not order restitution, or orders
   28  restitution of only a portion of the damages, as provided in
   29  this section, it shall state on the record in detail the reasons
   30  therefor.
   31         2. An order of restitution entered as part of a plea
   32  agreement is as definitive and binding as any other order of
   33  restitution, and a statement to such effect must be made part of
   34  the plea agreement. A plea agreement may contain provisions that
   35  order restitution relating to criminal offenses committed by the
   36  defendant to which the defendant did not specifically enter a
   37  plea.
   38         (c) The term “victim” as used in this section and in any
   39  provision of law relating to restitution means each person who
   40  suffers property damage or loss, monetary expense, or physical
   41  injury or death as a direct or indirect result of the
   42  defendant’s offense or criminal episode, and also includes the
   43  victim’s estate if the victim is deceased, and the victim’s next
   44  of kin if the victim is deceased as a result of the offense, and
   45  the victim’s trade association if the victim has granted the
   46  trade association written authorization to represent the
   47  victim’s interests in criminal proceedings and to collect
   48  restitution on the victim’s behalf.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Delete line 17
   53  and insert:
   54         Act; amending s. 775.089, F.S.; redefining the term
   55         “victim” for purposes of court-ordered restitution;
   56         providing an effective date.