FL S1092

Creates s. 775.088, F.S., establishing "child maintenance restitution" as a court-ordered monetary obligation for support of children whose parent or guardian was killed by the defendant.

Authorizes courts to order child maintenance restitution for defendants convicted of violating s. 316.193(3)(c)3. (DUI causing death), s. 782.04 (murder), s. 782.07(1) (manslaughter), or s. 782.071(1) (aggravated manslaughter), payable monthly until the child reaches 18 years of age.

Requires courts to determine a reasonable and necessary restitution amount based on factors including the child's financial needs, surviving parent's resources, standard of living, educational needs, and child care expenses, with the state attorney bearing the burden of proof.

Establishes income deduction order procedures to enforce restitution payments, including requirements for payors to deduct amounts from defendant's wages and prohibits employers from discharging or taking disciplinary action against employees subject to income deduction (civil penalties up to $250 first violation, $500 subsequent).

Allows a one-year grace period after incarceration for defendants to begin payments, prevents double recovery if a civil judgment is obtained, permits court modification based on substantial change in circumstances, and retains court jurisdiction until restitution is satisfied.