Senator Jim Horne
2301 park Ave, Ste, 403
Orange Park, FL
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.
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
We look forward to discussing these issues with you at your earliest convenience.
(Your Name Here)
Member of Dads Against Discrimination
Telephone: (your number here)