CS/HB 1309 Summary

• Creates section 775.088 establishing "child maintenance restitution" as a court-ordered monetary obligation for care, maintenance, training, and education of children under 18 whose parent or guardian was killed by the defendant.

• Applies to defendants convicted of DUI manslaughter (s. 316.193(3)(c)3.), murder (s. 782.04), manslaughter (s. 782.07(1)), or aggravated manslaughter of a child (s. 782.071(1)).

• Courts must determine reasonable and necessary monthly payment amounts based on child's financial needs, surviving parent's resources, standard of living, educational needs, custody arrangements, and work-related childcare expenses.

• Requires automatic income deduction orders from defendant's wages with payors collecting up to $5 for first deduction and $2 for subsequent deductions; prohibits employers from discharging or disciplining employees subject to income deductions with civil penalties of $250-$500.

• Incarcerated defendants may delay payments up to 1 year after release; child maintenance restitution is offset if surviving parent obtains civil judgment; court retains jurisdiction until obligation is satisfied.

• Effective July 1, 2023.