1 | A bill to be entitled |
2 | An act relating to conditions of probation; amending s. |
3 | 948.032, F.S.; requiring a defendant's probation officer |
4 | to evaluate certain specified factors before alleging to |
5 | the court that the defendant has violated his or her |
6 | probation because the defendant failed to pay court- |
7 | ordered restitution; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
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11 | Section 1. Section 948.032, Florida Statutes, is amended |
12 | to read: |
13 | 948.032 Condition of probation; restitution.- |
14 | (1) If a defendant is placed on probation, any restitution |
15 | ordered under s. 775.089 shall be a condition of the probation. |
16 | The court may revoke probation if the defendant fails to comply |
17 | with the order. |
18 | (2) When deciding whether to allege a violation of |
19 | probation because the defendant failed to pay his or her court- |
20 | ordered restitution, the probation officer shall evaluate and |
21 | document for the court's consideration the defendant's |
22 | employment status, earning ability, and financial resources; the |
23 | willfulness of the defendant's failure to pay; and any other |
24 | special circumstance that may have a bearing on the defendant's |
25 | ability to pay. |
26 | (3) In determining whether to revoke probation, the court |
27 | shall consider the defendant's employment status, earning |
28 | ability, and financial resources; the willfulness of the |
29 | defendant's failure to pay; and any other special circumstances |
30 | that may have a bearing on the defendant's ability to pay. |
31 | Section 2. This act shall take effect July 1, 2011. |