Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/HB 7089, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (458014) 
    2  
    3         Delete lines 293 - 317
    4  and insert:
    5         b. Full payment of fines or fees ordered by the court as a
    6  part of the sentence or that are ordered by the court as a
    7  condition of any form of supervision, including, but not limited
    8  to, probation, community control, or parole.
    9         c. The financial obligations required under sub
   10  subparagraph a. or sub-subparagraph b. include only the amount
   11  specifically ordered by the court as part of the sentence and do
   12  not include any fines, fees, or costs that accrue after the date
   13  the obligation is ordered as a part of the sentence.
   14         d. For the limited purpose of addressing a plea for relief
   15  pursuant to sub-subparagraph e. and notwithstanding any other
   16  statute, rule, or provision of law, a court may not be
   17  prohibited from modifying the financial obligations of an
   18  original sentence required under sub-subparagraph a. or sub
   19  subparagraph b. Such modification shall not infringe on a
   20  defendant's or a victim's rights provided in United States
   21  Constitution or the State Constitution.
   22         e. Financial obligations required under sub-subparagraph a.
   23  or sub-subparagraph b. are considered completed in the following
   24  manner or in any combination thereof:
   25         (I) Actual payment of the obligation in full.
   26         (II)  Upon the payee’s approval, either through appearance
   27  in open court or through the production of a notarized consent
   28  by the payee, the termination by the court of any financial
   29  obligation to a payee, including, but not limited to, a victim,
   30  or the court.
   31         (III) Completion of all community service hours, if the
   32  court, unless otherwise prohibited by law or the State
   33  Constitution, converts the financial obligation to community
   34  service.
   35  
   36  A term required to be completed in accordance with this
   37  paragraph shall be deemed completed if the court modifies the
   38  original sentencing order to no longer require completion of
   39  such term. The requirement to pay any financial obligation
   40  specified in this paragraph is not deemed completed upon
   41  conversion to a civil lien.
   42