| 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. |