Florida Senate - 2021                       CS for CS for SB 354
       
       
        
       By the Committees on Rules; and Judiciary; and Senator Harrell
       
       
       
       
       
       595-03390-21                                           2021354c2
    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 under certain circumstances;
    8         amending s. 985.437, F.S.; providing for the purposes
    9         of restitution in a delinquency proceeding; specifying
   10         the standards for valuation of a restitution order;
   11         authorizing a court to consider hearsay evidence
   12         regarding valuation of a restitution award under
   13         certain circumstances; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (7) of section 775.089, Florida
   18  Statutes, is amended to read:
   19         775.089 Restitution.—
   20         (7)(a) While the primary purpose of restitution is to
   21  compensate the victim, it also serves the rehabilitative and
   22  deterrent goals of the criminal justice system.
   23         (b) Restitution must be determined on a fair market value
   24  basis unless the state, victim, or defendant shows that using
   25  another basis, including, but not limited to, replacement cost,
   26  purchase price less depreciation, or actual cost of repair, is
   27  equitable and better furthers the purposes of restitution.
   28         (c) Any dispute as to the proper amount or type of
   29  restitution shall be resolved by the court by the preponderance
   30  of the evidence. The court may consider hearsay evidence for
   31  this purpose, provided it finds that the hearsay evidence has a
   32  minimal indicia of reliability. The burden of demonstrating the
   33  amount of the loss sustained by a victim as a result of the
   34  offense is on the state attorney. The burden of demonstrating
   35  the present financial resources and the absence of potential
   36  future financial resources of the defendant and the financial
   37  needs of the defendant and his or her dependents is on the
   38  defendant. The burden of demonstrating such other matters as the
   39  court deems appropriate is upon the party designated by the
   40  court as justice requires.
   41         Section 2. Subsection (2) of section 985.437, Florida
   42  Statutes, is amended to read:
   43         985.437 Restitution.—
   44         (2)(a) While the primary purpose of restitution is to
   45  compensate the victim, it also serves the rehabilitative and
   46  deterrent goals of the juvenile justice system.
   47         (b) The court may order the child to make restitution in
   48  money, through a promissory note cosigned by the child’s parent
   49  or guardian, or in kind for any damage or loss caused by the
   50  child’s offense in a reasonable amount or manner to be
   51  determined by the court. Restitution must be determined on a
   52  fair market value basis unless the state, victim, or child shows
   53  that using another basis, including, but not limited to,
   54  replacement cost, purchase price less depreciation, or actual
   55  cost of repair, is equitable and better furthers the purposes of
   56  restitution. The court may consider hearsay evidence for this
   57  purpose, provided it finds that the hearsay evidence has a
   58  minimal indicia of reliability.
   59         (c) When restitution is ordered by the court, the amount of
   60  restitution may not exceed an amount the child and the parent or
   61  guardian could reasonably be expected to pay or make.
   62         Section 3. This act shall take effect July 1, 2021.