Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1880
       
       
       
       
       
       
                                Ì156254+Î156254                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/03/2020           .                                
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       The Committee on Criminal Justice (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 95 - 122
    4  and insert:
    5         Section 3. Section 985.513, Florida Statutes, is amended to
    6  read:
    7         985.513 Powers of the court over parent or guardian at
    8  disposition.—
    9         (1) The court that has jurisdiction over an adjudicated
   10  delinquent child may, by an order stating the facts upon which a
   11  determination of a sanction and rehabilitative program was made
   12  at the disposition hearing,:
   13         (a) order the child’s parent or guardian, together with the
   14  child, to render community service in a public service program
   15  or to participate in a community work project. In addition to
   16  the sanctions imposed on the child, the court may order the
   17  child’s parent or guardian to perform community service if the
   18  court finds that the child’s parent or guardian did not make a
   19  diligent and good faith effort to prevent the child from
   20  engaging in delinquent acts.
   21         (b) Order the parent or guardian to make restitution in
   22  money or in kind for any damage or loss caused by the child’s
   23  offense. The court may also require the child’s parent or legal
   24  guardian to be responsible for any restitution ordered against
   25  the child, as provided under s. 985.437. The court shall
   26  determine a reasonable amount or manner of restitution, and
   27  payment shall be made to the clerk of the circuit court as
   28  provided in s. 985.437.
   29         (2) Notwithstanding whether adjudication is imposed or
   30  withheld, the court may retain jurisdiction, as provided under
   31  s. 985.0301, over the child and the child’s parent or legal
   32  guardian whom the court has ordered to make restitution in kind
   33  or pay restitution until the restitution order is satisfied or
   34  the court orders otherwise.
   35         (3)(2) Notwithstanding whether adjudication is imposed or
   36  withheld, the court may order the natural parents or legal
   37  custodian or guardian of a child who is found to have committed
   38  a delinquent act to participate in family counseling and other
   39  professional counseling activities deemed necessary for the
   40  rehabilitation of the child or to enhance their ability to
   41  provide the child with adequate support, guidance, and
   42  supervision. The court may also order that the parent,
   43  custodian, or guardian support the child and participate with
   44  the child in fulfilling a court-imposed sanction. In addition,
   45  the court may use its contempt powers to enforce a court-imposed
   46  sanction.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete lines 3 - 18
   51  and insert:
   52         amending s. 985.437, F.S.; providing a uniform set of
   53         conditions of restitution for juvenile offenses,
   54         regardless of whether adjudication is imposed or
   55         withheld; requiring a child’s parent or guardian, in
   56         addition to the child, to make restitution for damage
   57         or loss caused by the child’s offense; authorizing the
   58         court to establish a payment plan in certain
   59         circumstances; authorizing the child’s parent or
   60         guardian to be absolved of liability for restitution
   61         in certain circumstances; authorizing the court to
   62         order restitution to be paid only by the parents or
   63         guardians who have current custody and parental
   64         responsibility; providing that the Department of
   65         Children and Families, foster parents, and specified
   66         facilities and agencies are not guardians for purposes
   67         of restitution; amending s. 985.35, F.S.; conforming
   68         provisions to changes made by the act; amending s.
   69         985.513, F.S.; removing duplicative provisions;
   70         conforming provisions to changes made by the act;
   71         providing an effective date.