Florida Senate - 2021                                     SB 354
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00662-21                                            2021354__
    1                        A bill to be entitled                      
    2         An act relating to restitution; amending s. 775.089,
    3         F.S.; specifying that courts are not bound by fair
    4         market value in determining restitution amounts;
    5         authorizing courts to exercise discretion in
    6         furthering the purposes of restitution; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (7) of section 775.089, Florida
   12  Statutes, is amended to read:
   13         775.089 Restitution.—
   14         (7) Any dispute as to the proper amount or type of
   15  restitution shall be resolved by the court by the preponderance
   16  of the evidence. The court is not bound by fair market value as
   17  the sole standard in determining restitution amounts, but rather
   18  may exercise such discretion as required to further the purposes
   19  of restitution, including consideration of hearsay. The burden
   20  of demonstrating the amount of the loss sustained by a victim as
   21  a result of the offense is on the state attorney. The burden of
   22  demonstrating the present financial resources and the absence of
   23  potential future financial resources of the defendant and the
   24  financial needs of the defendant and his or her dependents is on
   25  the defendant. The burden of demonstrating such other matters as
   26  the court deems appropriate is upon the party designated by the
   27  court as justice requires.
   28         Section 2. This act shall take effect July 1, 2021.