Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 354
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 775.089, Florida
    6  Statutes, is amended to read:
    7         775.089 Restitution.—
    8         (7)
    9         (a) While the primary purpose of restitution is to
   10  compensate the victim, it also serves the rehabilitative,
   11  deterrent, and retributive goals of the criminal justice system.
   12         (b) Restitution must be determined on a fair market value
   13  basis unless the state, victim, or defendant shows that using
   14  another basis, including but not limited to replacement cost,
   15  purchase price less depreciation, or actual cost of repair, is
   16  equitable and better furthers the purposes of restitution.
   17         (c) Any dispute as to the proper amount or type of
   18  restitution shall be resolved by the court by the preponderance
   19  of the evidence. The court may consider hearsay evidence for
   20  this purpose. The burden of demonstrating the amount of the loss
   21  sustained by a victim as a result of the offense is on the state
   22  attorney. The burden of demonstrating the present financial
   23  resources and the absence of potential future financial
   24  resources of the defendant and the financial needs of the
   25  defendant and his or her dependents is on the defendant. The
   26  burden of demonstrating such other matters as the court deems
   27  appropriate is upon the party designated by the court as justice
   28  requires.
   29         Section 2. Subsection (2) of section 985.437, Florida
   30  Statutes, is amended to read:
   31         985.437 Restitution.—
   32         (2)
   33         (a) While the purpose of restitution is to compensate the
   34  victim, it also serves the rehabilitative, deterrent, and
   35  retributive goals of the juvenile justice system. 
   36         (b) The court may order the child to make restitution in
   37  money, through a promissory note cosigned by the child’s parent
   38  or guardian, or in kind for any damage or loss caused by the
   39  child’s offense in a reasonable amount or manner to be
   40  determined by the court. Restitution must be determined on a
   41  fair market value basis unless the state, victim, or child shows
   42  that using another basis, including but not limited to
   43  replacement cost, purchase price less depreciation, or actual
   44  cost of repair, is equitable and better furthers the purposes of
   45  restitution. The court may consider hearsay evidence for this
   46  purpose.
   47         (c) When restitution is ordered by the court, the amount of
   48  restitution may not exceed an amount the child and the parent or
   49  guardian could reasonably be expected to pay or make.
   50         Section 3. This act shall take effect July 1, 2021.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to restitution; amending s. 775.089,
   58         F.S.; providing for the purposes of restitution in a
   59         criminal proceeding; specifying the standards for
   60         valuation of a restitution order; allowing hearsay
   61         testimony regarding valuation of a restitution award;
   62         amending s. 985.437, F.S.; providing for the purposes
   63         of restitution in a delinquency proceeding; specifying
   64         the standards for valuation of a restitution order;
   65         allowing hearsay testimony regarding valuation of a
   66         restitution award; providing an effective date.