Florida Senate - 2013                                    SB 1438
       
       
       
       By Senator Simpson
       
       
       
       
       18-00995-13                                           20131438__
    1                        A bill to be entitled                      
    2         An act relating to restitution for juvenile offenses;
    3         amending s. 985.437, F.S.; requiring a child’s parent
    4         or guardian, in addition to the child, to make
    5         restitution for damage or loss caused by the child’s
    6         offense; providing for payment plans in certain
    7         circumstances; deleting provisions for absolving the
    8         parent or guardian of liability for restitution in
    9         certain circumstances; amending s. 985.513, F.S.;
   10         conforming provisions to changes made by the act;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsection (5) of section 985.437,
   16  Florida Statutes, is renumbered as subsection (4), and
   17  subsections (2) and (4) of that section are amended to read:
   18         985.437 Restitution.—
   19         (2) The court shall may order the child and the child’s
   20  parent or guardian to make restitution in money, through a
   21  promissory note cosigned by the child’s parent or guardian, or
   22  in kind for any damage or loss caused by the child’s offense in
   23  a reasonable amount or manner to be determined by the court.
   24  When restitution is ordered by the court, the amount of
   25  restitution may not exceed an amount the child and the parent or
   26  guardian could reasonably be expected to pay or make. If the
   27  child and the child’s parent or guardian are unable to pay the
   28  restitution in one lump-sum payment, the court may set up a
   29  payment plan that reflects their ability to pay the restitution
   30  amount.
   31         (4) A finding by the court, after a hearing, that the
   32  parent or guardian has made diligent and good faith efforts to
   33  prevent the child from engaging in delinquent acts absolves the
   34  parent or guardian of liability for restitution under this
   35  section.
   36         Section 2. Paragraph (b) of subsection (1) of section
   37  985.513, Florida Statutes, is amended to read:
   38         985.513 Powers of the court over parent or guardian at
   39  disposition.—
   40         (1) The court that has jurisdiction over an adjudicated
   41  delinquent child may, by an order stating the facts upon which a
   42  determination of a sanction and rehabilitative program was made
   43  at the disposition hearing:
   44         (b) Order the parent or guardian to make restitution in
   45  money or in kind for any damage or loss caused by the child’s
   46  offense. The court shall may also require the child’s parent or
   47  legal guardian to be responsible for any restitution ordered
   48  against the child, as provided under s. 985.437. The court shall
   49  determine a reasonable amount or manner of restitution, and
   50  payment shall be made to the clerk of the circuit court as
   51  provided in s. 985.437. The court may retain jurisdiction, as
   52  provided under s. 985.0301, over the child and the child’s
   53  parent or legal guardian whom the court has ordered to pay
   54  restitution until the restitution order is satisfied or the
   55  court orders otherwise.
   56         Section 3. This act shall take effect July 1, 2013.