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FL H0079
Bill
Status
Failed
3/8/2024
Primary Sponsor
Carolina Amesty
Click for details
AI Summary
- Creates s. 775.088, F.S., known as "Bentley's Law," allowing courts to order defendants convicted of DUI manslaughter (s. 316.193(3)(c)3.) or BUI manslaughter (s. 327.35(3)(c)3.) to pay child maintenance restitution to the surviving parent or guardian of the deceased victim's minor children until each child reaches age 18
- Courts must determine a reasonable and necessary restitution amount based on factors including the child's financial needs, standard of living, physical and emotional condition, educational needs, custody arrangements, and the surviving parent's or guardian's resources and child care expenses
- Requires mandatory income deduction orders upon entry of a restitution order, with payors directed to deduct and forward payments to the clerk of the court; payors may collect up to $5 for the first deduction and $2 for each subsequent deduction
- Incarcerated defendants unable to pay may have up to 1 year after release to begin payments and must enter a payment plan for any arrearage; if payments are set to terminate but the obligation is not fully paid, payments continue until the arrearage is satisfied
- Employers who discharge, refuse to employ, or discipline an employee because of an income deduction order face civil penalties of up to $250 for a first violation or $500 for subsequent violations; restitution may not be ordered if the surviving parent or guardian has already obtained a civil judgment, and any subsequent civil judgment offsets the restitution order
Legislative Description
Child Maintenance Restitution
Last Action
Died in Civil Justice Subcommittee
3/8/2024
Committee Referrals
Civil Justice Subcommittee10/5/2023
Full Bill Text
No bill text available