Senator Jim Horne

2301 park Ave, Ste, 403

Orange Park, FL

32073

Dear Senator:

Senate Bill 400 has been pre-filed and would make changes to Section 827.06 of the

Florida Statutes, most importantly by adding subsection (2), which would provide:

(2) Any person who fails to provide support that he or

she is able to provide to a child or spouse whom the person

knows he or she is legally obligated to support and who has

owed to that child or spouse for more than 1 year support in

an amount equal to or greater than $5,000 commits a felony of

the third degree, punishable as provided in s. 775.082 or s. 775.083.

(emphasis supplied).

The bill further deletes the "notice requirements" in their entirety, which would seem to

allow the state attorney to commence prosecution without advising the delinquent party

that he or she is delinquent and that prosecution is about to commence.

Our principal objection to the language of subsection (2) is that it fails to take into

account the person who has been making support payments on a regular basis, has been

unable to make up an amount in arrears exceeding $5,000, and who misses one or more

payments subsequently. Why charge a person with a felony, who has been making the

appropriate support payments over a substantial period of time? An exception for this

situation should be provided.

We also strongly believe that any resulting conviction and jail sentence is self defeating,

since persons in prison generally cannot make payments of any kind to anyone for any

reason. We further object to the ensuing toss of voting rights provided under other

Florida statutes.

We look forward to discussing these issues with you at your earliest convenience.

Respectfully yours,

(Your Name Here)

Member of Dads Against Discrimination

Telephone: (your number here)

 

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