Florida Senate - 2021                              CS for SB 354
       
       
        
       By the Committee on Judiciary; and Senator Harrell
       
       
       
       
       
       590-02143-21                                           2021354c1
    1                        A bill to be entitled                      
    2         An act relating to restitution; amending s. 775.089,
    3         F.S.; providing for the purposes of restitution in a
    4         criminal proceeding; specifying the standards for
    5         valuation of a restitution order; authorizing a court
    6         to consider hearsay evidence regarding valuation of a
    7         restitution award; amending s. 985.437, F.S.;
    8         providing for the purposes of restitution in a
    9         delinquency proceeding; specifying the standards for
   10         valuation of a restitution order; authorizing a court
   11         to consider hearsay evidence regarding valuation of a
   12         restitution award; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (7) of section 775.089, Florida
   17  Statutes, is amended to read:
   18         775.089 Restitution.—
   19         (7)(a) While the primary purpose of restitution is to
   20  compensate the victim, it also serves the rehabilitative and
   21  deterrent goals of the criminal justice system.
   22         (b) Restitution must be determined on a fair market value
   23  basis unless the state, victim, or defendant shows that using
   24  another basis, including, but not limited to, replacement cost,
   25  purchase price less depreciation, or actual cost of repair, is
   26  equitable and better furthers the purposes of restitution.
   27         (c) Any dispute as to the proper amount or type of
   28  restitution shall be resolved by the court by the preponderance
   29  of the evidence. The court may consider hearsay evidence for
   30  this purpose. The burden of demonstrating the amount of the loss
   31  sustained by a victim as a result of the offense is on the state
   32  attorney. The burden of demonstrating the present financial
   33  resources and the absence of potential future financial
   34  resources of the defendant and the financial needs of the
   35  defendant and his or her dependents is on the defendant. The
   36  burden of demonstrating such other matters as the court deems
   37  appropriate is upon the party designated by the court as justice
   38  requires.
   39         Section 2. Subsection (2) of section 985.437, Florida
   40  Statutes, is amended to read:
   41         985.437 Restitution.—
   42         (2)(a) While the primary purpose of restitution is to
   43  compensate the victim, it also serves the rehabilitative and
   44  deterrent goals of the juvenile justice system.
   45         (b) The court may order the child to make restitution in
   46  money, through a promissory note cosigned by the child’s parent
   47  or guardian, or in kind for any damage or loss caused by the
   48  child’s offense in a reasonable amount or manner to be
   49  determined by the court. Restitution must be determined on a
   50  fair market value basis unless the state, victim, or child shows
   51  that using another basis, including, but not limited to,
   52  replacement cost, purchase price less depreciation, or actual
   53  cost of repair, is equitable and better furthers the purposes of
   54  restitution. The court may consider hearsay evidence for this
   55  purpose.
   56         (c) When restitution is ordered by the court, the amount of
   57  restitution may not exceed an amount the child and the parent or
   58  guardian could reasonably be expected to pay or make.
   59         Section 3. This act shall take effect July 1, 2021.