Florida Statute 827.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.06

827.06 Nonsupport of dependents.—

(1) The Legislature finds that most parents want to support their children and remain connected to their families. The Legislature also finds that while many parents lack the financial resources and other skills necessary to provide that support, some parents willfully fail to provide support to their children even when they are aware of the obligation and have the ability to do so. The Legislature further finds that existing statutory provisions for civil enforcement of support have not proven sufficiently effective or efficient in gaining adequate support for all children. Recognizing that it is the public policy of this state that children shall be maintained primarily from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs, it is the intent of the Legislature that the criminal penalties provided for in this section are to be pursued in all appropriate cases where civil enforcement has not resulted in payment.

(2) Any person who willfully fails to provide support which he or she has the ability to provide to a child or a spouse whom the person knows he or she is legally obligated to support commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who is convicted of a fourth or subsequent violation of subsection (2) or who violates subsection (2) 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, s. 775.083, or s. 775.084.

(4) Upon a conviction under this section, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.

(5)(a) Evidence that the defendant willfully failed to make sufficient good faith efforts to legally acquire the resources to pay legally ordered support may be sufficient to prove that he or she had the ability to provide support but willfully failed to do so, in violation of this section.

(b) The element of knowledge may be proven by evidence that a court or tribunal as defined by s. 88.1011 has entered an order that obligates the defendant to provide the support.

(6) It is the intent of the Legislature for the state attorneys, the Florida Prosecuting Attorneys Association, and the Department of Revenue to work collaboratively to identify strategies that allow the criminal penalties provided for in this section to be pursued in all appropriate cases, including, but not limited to, strategies that would assist the state attorneys in obtaining additional resources from available federal Title IV-D funds to initiate prosecution pursuant to this section.

History.—s. 52, ch. 74-383; s. 31, ch. 75-298; s. 200, ch. 91-224; s. 1282, ch. 97-102; s. 1, ch. 2001-51; s. 14, ch. 2002-173; s. 41, ch. 2005-39; s. 153, ch. 2007-5; s. 38, ch. 2008-61; s. 77, ch. 2011-92.

F.S. 827.06 on Google Scholar

F.S. 827.06 on Casetext

Amendments to 827.06

Arrestable Offenses / Crimes under Fla. Stat. 827.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

S827.06 - WITHHOLD SUPPORT - NON SUPPORT OF CHILDREN OR SPOUSE - M: F

S827.06 3 - WITHHOLD SUPPORT - CHILD SPOUSE 4TH SUBSQ OFF OR OWE 5K DOLS MORE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 827.06

Total Results: 4

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-02

Court: Fla. | Date Filed: 2014-09-11T00:00:00-07:00

Citation: 152 So. 3d 475

Snippet: more)— 827.06(3) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Failure to Provide 827.06(2) 16.2…offense) — 827.06(3) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Failure to Provide 827.06(2) 16.2…failure to provide financial support under section 827.06, Florida Statutes (2013). The instruction tracks…16.2 FAILURE TO PROVIDE FINANCIAL SUPPORT § 827.06, Fla. Stat. To prove the crime of Failure …provide financial support for (victim). § 827.06(3), Fla. Stat. $5000 or more. Give if applicable

State v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-17T00:00:00-07:00

Citation: 624 So. 2d 355

Snippet: the trial court, our supreme court said: Section 827.06 provides criminal penalties for acts of simple

Kama v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-08T00:53:00-07:00

Citation: 507 So. 2d 154

Snippet: 775. The 1974 legislature also created section 827.06 to define the first degree misdemeanor of "

State Ex Rel. Davis v. A. C. L. R. R. Co.

Court: Fla. | Date Filed: 1929-05-14T00:00:00-08:00

Citation: 122 So. 256, 97 Fla. 816

Snippet: direction to a point in Monticello about *Page 827 six thousand feet east of the west boundary line of