Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 354
       
       
       
       
       
       
                                Ì682316&Î682316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2021           .                                
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       The Committee on Rules (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 30 - 55
    4  and insert:
    5  this purpose, provided it finds that the hearsay evidence has a
    6  minimal indicia of reliability. The burden of demonstrating the
    7  amount of the loss sustained by a victim as a result of the
    8  offense is on the state attorney. The burden of demonstrating
    9  the present financial resources and the absence of potential
   10  future financial resources of the defendant and the financial
   11  needs of the defendant and his or her dependents is on the
   12  defendant. The burden of demonstrating such other matters as the
   13  court deems appropriate is upon the party designated by the
   14  court as justice requires.
   15         Section 2. Subsection (2) of section 985.437, Florida
   16  Statutes, is amended to read:
   17         985.437 Restitution.—
   18         (2)(a) While the primary purpose of restitution is to
   19  compensate the victim, it also serves the rehabilitative and
   20  deterrent goals of the juvenile justice system.
   21         (b) The court may order the child to make restitution in
   22  money, through a promissory note cosigned by the child’s parent
   23  or guardian, or in kind for any damage or loss caused by the
   24  child’s offense in a reasonable amount or manner to be
   25  determined by the court. Restitution must be determined on a
   26  fair market value basis unless the state, victim, or child shows
   27  that using another basis, including, but not limited to,
   28  replacement cost, purchase price less depreciation, or actual
   29  cost of repair, is equitable and better furthers the purposes of
   30  restitution. The court may consider hearsay evidence for this
   31  purpose, provided it finds that the hearsay evidence has a
   32  minimal indicia of reliability.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete lines 7 - 12
   37  and insert:
   38         restitution award under certain circumstances;
   39         amending s. 985.437, F.S.; providing for the purposes
   40         of restitution in a delinquency proceeding; specifying
   41         the standards for valuation of a restitution order;
   42         authorizing a court to consider hearsay evidence
   43         regarding valuation of a restitution award under
   44         certain circumstances; providing an effective date.