CopyCited 155 times | Published | Supreme Court of Florida | 1999 WL 215372
...First, as explained above, while a victim's (or a prosecutor's) wishes are relevant, they are simply one factor to be considered by the trial court. Second, a defendant's ability to pay restitution is a nonissue when the court is weighing the need for restitution versus the need for imprisonment. Section *1070 775.089(6), Florida Statutes (1995), provides that ability to pay shall be considered at the time of enforcement of a restitution ordernot at the time when the court is weighing the respective needs....
...State,
476 So.2d 158, 160 (Fla.1985), superseded on other grounds by ch. 87-110, § 2, Laws of Fla. [9] See Huff v. State,
569 So.2d 1247, 1249 (Fla.1990) ("[D]iscretion is abused only where no reasonable man [or woman] would take the view adopted by the trial court."). [10] Section
775.089, Florida Statutes (1997), provides in relevant part: (6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense....
...(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate. § 775.089(6), Fla....
0 red0 yellow97 green0 procedural
Cited as authorityMorgan (2025)phrase: "rule_authority"
Cited as authorityGazoombi (2025)phrase: "rule_authority"
Cited as authorityManyak (2025)phrase: "rule_authority"
CopyCited 75 times | Published | Supreme Court of Florida | 1991 WL 1360
...ict with Dickens v. State,
556 So.2d 782 (Fla. 2d DCA 1990), on the issue of whether fair market value of property at the time of an offense is the only permissible basis for determining the amount of loss to be included in a restitution order under section
775.089, Florida Statutes (1987)....
...d to properly establish the value of the automobile at the time of the theft. On appeal, the First District Court of Appeal agreed that the state had failed to carry its burden of proving the amount of loss sustained by the victim, as required under section 775.089(7)....
...used; (3) the general condition and quality of the item; and (4) the percentage of depreciation. Id. These are the same factors relied upon by the First District Court in Norman, Abbott and Hawthorne. The state contends that the explicit language of section 775.089 does not mandate a particular standard for determining the amount of loss, but rather leaves this determination to the discretion of the trial court, as long as the items listed in section 775.089(6) are considered....
...The state relies on the conflict case of Dickens which involved a similar claim that the amount of restitution was improperly computed because the trial court relied upon the purchase price of the stolen automobile rather than its fair market value at the time of the theft.
556 So.2d at 783. Noting that section
775.089 does not prescribe a method for computing the amount of restitution but rather leaves this matter to the discretion of the court, the Dickens court held that "[f]air market value at the time of the offense is clearly an appropriate way to determine the amount of the loss ......
...This Court has recognized that *333 "[t]he statutory provisions requiring the imposition of restitution recognize the discretion of the trial court in determining the amount of restitution." Spivey v. State,
531 So.2d 965, 966 (Fla. 1988). Furthermore, the plain language of section
775.089(6) provides that, in determining whether to order restitution and the amount of such restitution, the trial court shall consider "such other factors which it deems appropriate." [3] We recognize that in most instances the victim's los...
...Accordingly, we approve the reasoning of the district court in Dickens and quash the decision of the district court below and remand for reinstatement of the restitution portion of the trial court's order. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] Section 775.089, Florida Statutes (1987), provides in pertinent part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense, unless it finds reasons not to order such restitution....
0 red0 yellow50 green0 procedural
CopyCited 59 times | Published | Supreme Court of Florida | 1997 WL 67973
...nce to establish losses of $3660 in merchandise and cash and that Beall's had expended approximately $1600 in investigative costs. A divided district court affirmed, finding that the investigative costs were a proper item for restitution pursuant to section 775.089(1)(a), Florida Statutes (1993), because those costs were incurred as a "direct or indirect result" of Glaubius' criminal misconduct....
...elationship between the crime committed and the damages sustained for the investigation. He also asserts that the trial court erred in ordering him to pay $360 in restitution for cash loss because that amount was repaid prior to charges being filed. Section 775.089, Florida Statutes (1993), [1] governs restitution of victims and provides in pertinent part as follows: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
...Williams,
520 So.2d 276 (Fla.1988), to order restitution under the statute, the court must find that the loss or damage is causally connected to the offense and bears a significant relationship to the offense. Further, under the statute, the State must establish these factors by a preponderance of the evidence. §
775.089(7)....
...s' offense. As indicated above, the purpose of restitution is to adequately compensate a victim and to serve the rehabilitative, deterrent, and retributive goals of the criminal justice system. It is not to create a windfall for the victim. Further, section 775.089(7) requires that the State demonstrate the amount of loss sustained by a victim by a preponderance of the evidence....
...y is sole basis for determination and no documentary evidence is presented). To hold that the Beall's could recover $1600 based on the speculative evidence presented in this case would raise significant due process concerns regarding the validity of section 775.089 because such a holding would risk requiring Glaubius to pay a sum in excess of the amount of damages his criminal conduct caused the victim....
...ctates of this opinion. It is so ordered. SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. WELLS, J., concurs in result only. NOTES [1] The offense at issue occurred between September 20, 1993, and December 13, 1994. Consequently, the 1993 version of section 775.089 governs this case....
0 red1 yellow46 green0 procedural
LimitedMontalvo (1998)phrase: "limited by"
CopyCited 50 times | Published | Supreme Court of Florida | 1988 WL 15149
...The issue on appeal is whether the offense of leaving the scene of an accident bears a significant relationship to damages arising out of the accident. The starting point of our analysis must be the statute which justifies ordering restitution in these cases. The trial court's restitution order is controlled by section 775.089(1)(a), Florida Statutes (1985)....
...Those damages transpired independent of that crime. This Court, in J.S.H., allowed restitution in a case where there was a significant relationship between the damages and the offense. This significant relationship test does not replace the causal relationship required by section 775.089(1)(a)....
...regarding damages caused directly or indirectly by the offense. This we will not do. The language is in the statute with good reason. We cannot simply bypass the plain language of a statute simply because the state finds that language inconvenient. Section 775.089(1)(a) is not ambiguous....
0 red0 yellow20 green0 procedural
Cited as authorityLatham (2016)phrase: "rule_authority"
CopyCited 47 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7828
...Champaign Urbana City Lines, Inc., 116 Ill.App.2d 289, 292 , 252 N.E.2d 381, 383 (1969). The issue in this restitution hearing was whether the juvenile victim’s parents suffered a loss or monetary expense “as a direct or indirect result of [appellant’s] offense or criminal episode.” § 775.089(l)(c), Fla....
0 red0 yellow15 green0 procedural
Cited as authorityYoung (2025)phrase: "rule_authority"
Cited as authorityRoman (2024)phrase: "rule_authority"
CopyCited 39 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 447, 1995 Fla. LEXIS 1417, 1995 WL 511416
...great public importance: WHETHER A DEFENDANT WHO PLEADS NOLO CONTENDERE IN A CRIMINAL PROSECUTION IS COLLATERALLY ESTOPPED FROM SEEKING AFFIRMATIVE RELIEF OR DEFENDING A CLAIM IN A SUBSEQUENT CIVIL ACTION UNDER THE PROVISIONS OF SECTIONS
772.14 AND
775.089(8), [1] FLORIDA STATUTES (1991)?
638 So.2d at 601-02....
...[10] Accordingly, we answer the certified question, as rephrased, in the affirmative, quash the decision under review, and remand for further proceedings consistent with this opinion. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 775.089(8) provides that a conviction of an offense giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding....
...[4] It appears Starr Tyme based its claim of estoppel at the trial level solely on section
772.14. In its motion in limine, Starr Tyme maintained that section
772.14 precluded Cohen from defending against its civil theft claim. Starr Tyme referred to section
775.089(9) only to argue by analogy that a plea of nolo contendere can result in a "judgment" or "conviction." From our reading of the record, Starr Tyme did not directly rely on section
775.089(9) for its claim of estoppel....
0 red0 yellow22 green0 procedural
Cited as authorityOrtiz (2022)phrase: "rule_authority"
Cited as authoritySchultz (2020)phrase: "rule_authority"
CopyCited 33 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783
...able statutory provisions regarding restitution. Applicable Statutory Provisions Regarding Restitution Under the statutory scheme, there are three potential proceedings regarding restitution: (1) when the trial court assesses and orders restitution (§ 775.089(1), (6)(a), Fla. Stat. (2011)); (2) when the State or the victim attempts to enforce the restitution order (§ 775.089(5), (6)(b), Fla....
...�§
948.032,
948.06(5), Fla. Stat. (2011)). At the outset, it is important to consider that the defendant's financial resources or ability to pay does not have to be established when the trial court assesses and imposes restitution. To the contrary, section
775.089(6)(a), Florida Statutes (2011), provides: "The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense." A trial court is required to order restitution in addition to any punishment unless it finds "clear and compelling reasons" not to do so. §
775.089(1)(a), Fla....
...That section, entitled "Terms and conditions of probation," states that the trial court "shall" make "restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary." §
948.03(1)(f), Fla. Stat. Further, under both sections
775.089(1)(b)1....
...ustained by any victim as a result of the offense, the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his dependents, and such other factors which it deems appropriate. § 775.089(6), Fla....
...(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate. § 775.089(6), Fla....
...v. State,
679 So.2d 44, 45 (Fla. 1st DCA 1996) ("[A] defendant's ability to pay is to be considered only when there is an attempt to enforce the restitution order."); Nieves v. State,
678 So.2d 468, 470 (Fla. 5th DCA 1996) ("[E]ffective May 8, 1995, section
775.089(6) was amended to provide that financial resources and ability to pay restitution shall be considered at the time of enforcement of a restitution order, rather than at the time restitution is ordered."); cf....
...held to be necessary ....' [ State v. Banks,
712 So.2d 1165, 1166 (Fla. 2d DCA 1998).] This was error.... [A] defendant's ability to pay restitution is a nonissue when the court is weighing the need for restitution versus the need for imprisonment. Section
775.089(6), Florida Statutes (1995), provides that ability to pay shall be considered at the time of enforcement of a restitution ordernot at the time when the court is weighing the respective needs."). [3] An enforcement proceeding arises when either the State or the victim seek to enforce the order. Section
775.089(5) provides: "An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action." §
775.089(5), Fla. Stat. *1008 (2011); see also §
960.001(1)(j), Fla. Stat. (2011) ("Law enforcement agencies and the state attorney shall inform the victim of the victim's right to request and receive restitution pursuant to s.
775.089 or s.
985.437, and of the victim's rights of enforcement under ss.
775.089(6) and
985.0301 [ [4] ] in the event an offender does not comply with a restitution order."). A trial court is required to consider the defendant's financial resources during an enforcement proceeding. Section
775.089(6)(b) requires the trial court, "at the time of the enforcement of the restitution order," to "consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate." §
775.089(6)(b), Fla. Stat. (emphasis added). Section
775.089(7), Florida Statutes, discusses the applicable burdens: Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence....
...ition of probation. We thus turn to the statutes that govern restitution as a condition of probation, which is where the probationer's liberty may be affected by the failure to pay. For a defendant placed on probation, "any restitution ordered under s.
775.089 shall be a condition of the probation." §
948.032, Fla....
...At the initial restitution hearing, a trial court is required to award restitution to a victim for damage or loss indirectly or directly caused by the defendant's offense and for damage or loss that relates to the defendant's criminal episode unless it finds clear and compelling reasons not to do so. See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id. § 775.089(6)(a), and the *1020 State bears the burden of demonstrating, by a preponderance of the evidence, the amount of damage or loss sustained by the victim, see id. § 775.089(7)....
...on awarded to the victim "must be established through more than mere speculation; it must be based on competent evidence"). Next, a final restitution order is enforceable by the State or victim in the same manner as a judgment in a civil action. See § 775.089(5); see also Sims v....
...efendant to pay through an examination of "the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate." §
775.089(6)(b). At this stage, a defendant can stop the enforcement of a restitution order if he or she can establish, by a preponderance of the evidence, an inability to satisfy the financial demands of that order. See id. §
775.089(5)-(6); see also Banks v. State,
732 So.2d 1065, 1070 (Fla.1999) ("Section
775.089(6), Florida Statutes (1995), provides that ability to pay shall be considered at the time of enforcement of a restitution ordernot at the time when the court is weighing the respective needs."). Therefore, since the Legislature amended section
775.089(6) in 1995, it is clear that during any civil enforcement proceeding a defendant may establish an inability to pay....
...orce a civil judgment under Florida Rule of Civil Procedure 1.570). Lastly, when a defendant is placed on probation by a trial court, the trial court is required to condition that probation on compliance with any restitution order issued pursuant to section 775.089....
...For these reasons, we reverse the restitution order and remand for an evidentiary hearing." (citing Filmore v. State,
656 So.2d 535 (Fla. 4th DCA 1995))), review denied
39 So.3d 320 (Fla. 2010), and cert. denied, ___ U.S. ___,
131 S.Ct. 476,
178 L.Ed.2d 302 (2010); Exilorme v. State,
857 So.2d 339, 340 (Fla. 2d DCA 2003) ("Section
775.089(7) requires a hearing, before restitution is imposed, to determine the amount owed to the victim as well as the defendant's ability to pay.... Subsections
775.089(6) and (7) require a hearing to determine both the defendant's ability to pay and the amount owed." (citing Allen v....
0 red0 yellow24 green0 procedural
CopyCited 46 times | Published | Supreme Court of Florida | 1995 WL 256203
...r concerns over fairness for the litigants. We also note that many other courts continue to adhere to the doctrine of mutuality. [2] Stogniew also contends that the legislature effectively abolished the doctrine of mutuality when it enacted sections
775.089(8) and
772.14, Florida Statutes (1993), [3] which give collateral estoppel effect to criminal convictions in subsequent civil proceedings brought by the victim of the crime....
...Board of Fire & Police Comm'rs, 158 Ill.2d 85, 196 Ill.Dec. 665, 630 N.E.2d 830 (1994); Lichon v. American Universal Ins. Co., 435 Mich. 408, 459 N.W.2d 288 (1990); Thomas M. McInnis & Assocs., Inc. v. Hall, 318 N.C. 421, 349 S.E.2d 552 (1986). [3] Section 775.089(8) provides: The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding....
2 red1 yellow54 green0 procedural
Receded fromAubin (2012)phrase: "receded from"
LimitedPalamara (2003)phrase: "limited by"
CopyCited 29 times | Published | Supreme Court of Florida | 1988 WL 103831
...ense must be apportioned among them according to the culpability of each. We agree with the state. The statutory provisions requiring the imposition of restitution recognize the discretion of the trial court in determining the amount of restitution. Section 775.089(1)(a), Florida Statutes (1985), states in pertinent part: "In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense, unless it finds reasons not to order such restitution." (Emphasis added). Clearly the statute contemplates that a defendant may be required to pay restitution for damages caused by defendant's offense but for which he is not solely responsible. Further, section 775.089(6), Florida Statutes (1985), reinforces the discretion of the trial court in ordering restitution: The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustai...
...nse in an amount to be determined by the court." (Emphasis added). [2] We note that petitioner failed to object and present evidence of his inability to pay the ordered restitution and so has waived his right to challenge the order on those grounds. § 775.089(7), Fla....
0 red0 yellow19 green0 procedural
Cited as authorityKnowles (2025)phrase: "rule_authority"
Cited as authorityKnowles (2025)phrase: "rule_authority"
CopyCited 24 times | Published | Supreme Court of Florida | 2004 WL 2973860
...y case. (i) A sentence imposed below the lowest permissible sentence established by the Criminal Punishment Code under chapter 921. (j) A ruling granting a motion for judgment of acquittal after a jury verdict. (k) An order denying restitution under s. 775.089....
...In 1992, this Court held that section
924.07 did not authorize an appeal from an order denying restitution. See State v. MacLeod,
600 So.2d 1096 (Fla.1992). The next year, the Legislature added subsection (1)(k), authorizing the State to appeal "an order denying restitution under section
775.089." See ch....
0 red1 yellow19 green0 procedural
Called into doubtMacKey (2019)phrase: "called into doubt"
CopyCited 28 times | Published | Florida 1st District Court of Appeal | 1997 WL 49152
...the amount of $1,000.00 to the daughter, as a condition of his community control. On appeal, the state concedes that it was error to impose restitution without an evidentiary hearing, in light of appellant's objection regarding the amount. We agree. Section 775.089(7), Florida Statutes (1995), unambiguously provides that "[a]ny dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence....
...1st DCA 1993) (state's burden of proving amount of restitution cannot be met, in face of objection, by assertions of state attorney). We also agree with the state that the present restitution statute, like its predecessors, is broad enough to permit restitution for lost wages and travel expenses incurred by a victim. Section 775.089(1)(a), Florida Statutes (1995), provides that "the court shall order the defendant to make restitution to the victim for ... [d]amage or loss caused directly or indirectly by the defendant's offense ... and ... [d]amage or loss related to the defendant's criminal episode." Moreover, section 775.089(2)(b) expressly permits reimbursement for income lost as a result of the offense, even if the victim has not sustained any bodily injury....
2 red1 yellow9 green10 procedural
OverruledLocke (1998)phrase: "overruled by"
Cited "but see"Hewitt (1997)phrase: "but see"
CopyCited 105 times | Published | Florida 2nd District Court of Appeal | 1995 WL 65502
...Such fines are reduced to judgment in favor of the state for the use of the particular county. §§
142.01, .03, Fla. Stat. (1991). Both the clerk of circuit court and the Department of Corrections may be ordered to collect and dispense restitution payments. §
775.089(11), Fla....
3 red0 yellow64 green1 procedural
SupersededMcNeil (2015)phrase: "superseded by"
SupersededWhite (2009)phrase: "superseded by"
CopyCited 31 times | Published | Florida 1st District Court of Appeal
...nce the same question certified in Young v. State, supra . REVERSED and REMANDED for resentencing. WENTWORTH and WIGGINTON, JJ., concur. NOTES [1] Had the trial court below ordered appellant to make restitution in the case at bar, in conformity with Section 775.089, Florida Statutes (1983), after notice to appellant and the opportunity to be heard as to whether he had the ability to pay restitution, see Harris v....
0 red1 yellow5 green2 procedural
Declined to followGlover (1985)phrase: "refused to follow"
Cited as authorityBrown (1991)phrase: "rule_authority"
Cited as authorityNewton (1986)phrase: "rule_authority"
CopyCited 20 times | Published | Supreme Court of Florida | 2002 WL 1338512
...g offense of driving with a suspended license where the State does not present any evidence of a causal relationship between the act of driving without a license and the accident that resulted in damages or loss. Until 1993, the restitution statute, section
775.089, provided in pertinent part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense, unless it finds clear and compelling reasons not to order such restitution. §
775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of
775.089 by adding subsection (1)(a)(2), so that the current version of the statute provides in pertinent part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1. Damage or loss caused directly or indirectly by the defendant's offense; and 2. Damage or loss related to the defendant's criminal episode, unless it finds clear and compelling reasons not to order such restitution. §
775.089(1)(a), Fla. Stat. (2001). [3] The State has the burden of establishing causation, *1279 see Glaubius,
688 So.2d at 915, as well as the "burden of demonstrating the amount of loss sustained by the victim as a result of the offense." §
775.089(7), Fla....
...on of the crime. See id. Therefore, the Court held that a significant relationship existed between the damages and the offense, and thus the trial court properly ordered restitution. See id. *1280 In Williams,
520 So.2d at 277, the Court interpreted section
775.089(1)(a), Florida Statutes (1985), the predecessor statute to the present statute, which provided that the court "shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defenda...
...Those damages transpired independent of that crime. This Court, in J.S.H., allowed restitution in a case where there was a significant relationship between the damages and the offense. This significant relationship test does not replace the causal relationship required by section 775.089(1)(a)....
...Likewise, in J.O.S.,
689 So.2d at 1064, the Court once again reviewed the requirements *1281 for an award of restitution and reaffirmed the principle articulated in J.S.H. and Williams that the "significant relationship" test works in conjunction with the causal relationship test set forth in section
775.089(1)(a). [5] The Court further noted in dicta that the 1995 version of section
775.089(1)(a)(2) "includes an additional restitutionary obligation for `damage or loss related to the defendant's criminal episode' which was not present in the 1985 version of the statute." Id....
...WELLS, C.J., concurs in result only with an opinion. QUINCE, J., dissents. WELLS, C.J., concurring in result only. I concur in result only because I conclude that all that needs to be written in this case is that there was no basis for restitution under section 775.089, Florida Statutes, because the victim's injuries were not caused directly or indirectly by reason that petitioner's license was suspended....
...the state the opportunity to submit documentary evidence to prove the amount of the victim's damages." Id. at 937. Based on our disposition in this case, we express no view as to the merits of this holding. [3] There were several other amendments to section 775.089 in 1993, including the addition of section 775.089(1)(b)(2), which provides: An order of restitution entered as part of a plea agreement is as definitive and binding as any other order of restitution, and a statement to such effect must be made part of the plea agreement....
...ision that provided that the restitution order would become a lien on real estate owned by the defendant when properly recorded, and a provision that provided that the restitution provision was not subject to discharge in bankruptcy. The addition of section 775.089(1)(a)(2) is not mentioned in the legislative history for the 1993 amendments to section 775.089. The legislative history mentions only two purposes: (1) amending section 775.089(1)(b) to provide that "an order of restitution entered as part of a plea agreement is as binding as any other order of restitution"; and (2) amending section 775.089(3) to provide "that if restitution ordered by the court is not made within the specified time period, the court may continue the restitution order through the duration of the civil judgment provisions." H.R....
...order the child or parent to make restitution for the damages or loss caused by his offense .... (Emphasis supplied.) [5] The Court concluded that the analysis was equally applicable under both section 39.054(1)(f), Florida Statutes (Supp.1994), and section 775.089(1)(a)....
...gned by the child's parent or guardian, or in kind for any damages or loss caused by the child's offense in a reasonable amount or manner to be determined by the court. (Emphasis supplied.) [6] This Court's statement in J.O.S. that the amendments to section 775.089 "expand[ed] the criteria for ordering restitution" appears only in the title to chapter 93-37. Ch. 93-37, § 1, at 198, Laws of Fla. (1993). As noted in footnote 3, the legislative history is silent on the purpose for adding section 775.089(1)(a)(2)....
...4 (Fla. 4th DCA 1992) (rejecting notion that damages must be reasonably foreseeable or that the element of causation should be likened to the proximate causation requirement in tort, because this would be more restrictive than the "clear language" of section 775.089(1)(a))....
0 red0 yellow20 green0 procedural
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1998 WL 219729
..." has been liberally construed in the context of a statute which defines a criminal defendant's rights in a later civil case arising out of the criminal conduct. In Smith v. Bartlett,
570 So.2d 360 (Fla. 5th DCA 1990), the fifth district interpreted section
775.089(8), Florida Statutes (1989), which provided that *1088 [t]he conviction of a defendant for an offense involving the act giving rise to restitution... shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. Smith held that "one who pleads guilty or is found guilty by a jury has been `convicted' under the provisions of section
775.089(8), even in the absence of an adjudication." Id....
0 red0 yellow21 green0 procedural
Cited as authorityCeasar (2016)phrase: "rule_authority"
CopyCited 19 times | Published | Supreme Court of Florida | 2003 WL 22304524
...denied, ___ U.S.___,
123 S.Ct. 2281,
156 L.Ed.2d 134 (2003); State v. Glatzmayer,
789 So.2d 297, 301-02 n. 2 (Fla.2001). We begin with the language of Florida's restitution statute, which is the source of the trial court's authority to order restitution. Section
775.089, Florida Statutes (2002), [5] states in relevant part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
...Reimburse the victim for income lost by the victim as a result of the offense. .... (8) ... An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery. (Emphasis supplied.) Section 775.089(1)(a) requires the trial court to order a defendant to make restitution for damage or loss caused by the defendant's offense or related to the defendant's criminal episode unless the trial court finds clear and compelling reasons not to order restitution. See § 775.089(1)(a). [6] When probation is imposed, the statute also requires the court to order restitution as a condition of probation. See § 775.089(1)(a)(2)....
...o release a defendant from his financial debt to the state any more than it could terminate his prison sentence. Id. at 627 (citations, quotation marks, and footnotes omitted). In addition to the distinct purposes served by restitution, we note that section 775.089(8) contemplates the coexistence of criminal restitution and a civil recovery....
...The statute provides that the amount of restitution shall be set off against any civil recovery, reflecting the Legislature's recognition that although the restitution obligation is primary, the victim should not receive a double recovery. Although section 775.089(8) assumes that restitution will precede a civil recovery, as the Fourth District has recognized, the sequence is not determinative....
...reement and release in the civil case. [8] Of course, the amount of the settlement will be a relevant factor for the trial court to consider in determining the amount of restitution so as to prevent a *245 double recovery, which would be contrary to section
775.089(8). See Weinstein,
745 So.2d at 1086. THIS CASE In this case, imposing a restitution obligation on Kirby will not give the victim a double recovery, which is precluded by the "setoff" requirement of section
775.089(8)....
...[5] Although the crime occurred in 1999, we note that the current version does not differ from the 1999 statute. [6] If the court does not order restitution, or orders restitution of only a portion of the damages, the court is required by statute to "state on the record in detail the reasons thereof." §
775.089(1)(b) 1. [7] In addition to section
775.089(1), section
948.03(1)(e), Florida Statutes (1999), also imposes this requirement....
...The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor....
0 red0 yellow15 green0 procedural
Cited as authorityKnowles (2025)phrase: "rule_authority"
Cited as authorityKnowles (2025)phrase: "rule_authority"
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...probation and may include among them the following, that the probationer shall: * * * * * * (g) Make reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court. Similarly, Section 775.089(1), Florida Statutes (1981), provides: (1) In addition to any punishment, the court may order the defendant to make restitution to the aggrieved party for damage or loss caused by the defendant's offense, if the defendant is able or will be able to make such restitution....
...r the appellant has been charged with a failure to comply with the probation officer's payment schedule. We disagree that the defendant must wait until that time to raise such objections to the court's restitution order. Cf. Reeves v. State, supra ; Section 775.089(1), Florida Statutes (1981)....
1 red0 yellow13 green0 procedural
VacatedDuby (1995)phrase: "vacated in"
AdoptedStawicki (1995)phrase: "adopted by"
Cited as authorityStawicki (1995)phrase: "rule_authority"
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2002 WL 91297
...resources on behalf of the State in prosecuting the case, I am giving each of you some credit for that...." Here, as the trial judge properly noted, there was neither any "restitution" [7] nor any "victim" [8] as those terms are defined by sections 775.089(1)(a) and (c), Florida Statutes (1999)....
...State v. Powell,
703 So.2d 444 (Fla.1997). Because the prison sentences were suspended, the sentences fall below the lowest permissible sentence and are treated as downward departure sentences. State v. Clay,
780 So.2d 269, 270 (Fla. 5th DCA 2001). [7] Section
775.089(1)(a), Florida Statutes, defines restitution as follows: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
...Damage or loss related to the defendant's criminal episode, unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s.
948.03. §
775.089(1)(a), Fla. Stat. (1999). [8] Section
775.089(1)(c), Florida Statutes, defines "victim" as follows: (1)(c) The term "victim" as used in this section and in any provision of law relating to restitution means each person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode, and also includes the victim's estate if the victim is deceased, and the victim's next of kin if the victim is deceased as a result of the offense. §
775.089(1)(c), Fla....
0 red0 yellow13 green0 procedural
Cited as authorityHill (2013)phrase: "rule_authority"
Cited as authorityOwens (2012)phrase: "rule_authority"
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2005 WL 171454
...We review restitution orders using an abuse of discretion standard. See Ashton v. State,
790 So.2d 1115, 1117 (Fla. 5th DCA 2001). The burden of proving the amount of restitution is on the State, and the amount must be proved by a preponderance of the evidence. See §
775.089(7), Fla....
...5th DCA 2001). Restitution must be proved by substantial competent evidence. See Sparkman v. State,
445 So.2d 1115 (Fla. 2d DCA 1984). III. Restitution generally. The State asserts that based on its reading of the restitution statute, the awards were lawful. Section
775.089, Florida Statutes (2003), the statute governing restitution as a condition of probation, states in pertinent part that: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
...The court examined section 39.054(1)(f), Florida Statutes (1995), which authorizes restitution against juvenile offenders, and noted that: Generally, costs resulting from participation in court proceedings are not recoverable, absent a specific statute authorizing them. Id., at 177. The court recognized that section 775.089(2)(b) permits restitution for income lost by the victim as a result of the offense, but determined that the restitution statute also requires the application of the significant relationship test....
...We turn now to a consideration of the award of restitution for lost future earnings of the decedent. V. Lost wages of the murder victim. If the decedent had survived, there is no question but that he would have been entitled to a restitution award of his lost wages. See Graham. Section 775.089(2)(b), Florida Statutes, specifically authorizes the recovery of lost income for victims who have suffered a bodily injury as a result of a defendant's offense....
...As to all other parts of the restitution order other than those addressed in this opinion, we affirm. VI. Certified questions. We recognize that the issues presented to us are of great public importance, and therefore certify to the Florida Supreme Court, the following two questions: DOES SECTION 775.089, FLORIDA STATUTES (2003), AUTHORIZE A RESTITUTION AWARD FOR THE LOST WAGES OF A NEXT OF KIN VOLUNTARILY ATTENDING THE MURDER TRIAL OF THE PERSON ACCUSED OF KILLING THE VICTIM? DOES SECTION 775.089, FLORIDA STATUTES (2003), AUTHORIZE A *828 RESTITUTION AWARD FOR THE ESTATE OF A MURDER VICTIM OF AN AMOUNT CONSISTING OF THE LOST FUTURE INCOME OF THE VICTIM? AFFIRMED in part, REVERSED in part and REMANDED with instructions....
0 red0 yellow15 green0 procedural
Cited as authoritySchenk (2014)phrase: "rule_authority"
Cited as authorityJ.W.A. (2013)phrase: "rule_authority"
CopyCited 14 times | Published | Supreme Court of Florida | 2008 WL 4354880
...Additionally, in Schuette v. State,
822 So.2d 1275 (Fla.2002), this Court held that for the imposition of a restitution award, there must be a causal connection [9] between the accident that produced damages and the underlying crime. See id. at 1284. We reasoned that section
775.089(1)(a), Florida Statutes (2001), which states that restitution shall be ordered for any "[d]amage or loss caused directly or indirectly by the defendant's offense," imposes a causation requirement....
0 red1 yellow16 green0 procedural
Cited as authorityChang (2025)phrase: "rule_authority"
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1991 WL 215048
...s possession and to damages incurred during the burglary of the victim's home. A defendant cannot be required to pay restitution in excess of the damages his criminal conduct caused. See Fresneda v. State,
347 So.2d 1021, 1022 (Fla. 1977). And see §§
775.089(1)(a),
948.03(1)(e), Fla....
...player) must be reversed. Turning next to the sufficiency of the evidence presented to prove the amount of restitution for the items found in appellant's possession, it is axiomatic that it is the state's burden to show the amount of loss sustained. § 775.089(7), Fla....
0 red0 yellow7 green0 procedural
Cited as authorityWolff (2008)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713537
...Rodriguez to escape, to obtain the axe, and to wound the deputy. Thus, the State maintained that Mrs. Rodriguez's obstruction offense had a significant relationship with the deputy's injuries and restitution for the cost of his medical treatment was proper under section 775.089(1)(a)(1), Florida Statutes (2003) (stating that restitution shall be ordered for the victim's "[d]amage or loss caused directly or indirectly by the defendant's offense")....
0 red0 yellow10 green0 procedural
Cited as authorityMarsh (2017)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1995 WL 1640
...appellant's ability to pay. See Palag v. State,
622 So.2d 1151 (Fla. 1st DCA 1993). Before a trial court grants a motion for restitution, it shall consider several factors, including the loss by the victim and appellant's ability to pay restitution. §
775.089(6), Fla....
0 red0 yellow10 green0 procedural
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2004 WL 690570
...RESTITUTION ORDER Iaconetti also contends that the trial court erred in denying her motion to correct a sentencing error because the restitution order was entered without a hearing and without any evidence being presented concerning the proper amount of restitution. We agree. Section 775.089(7), Florida Statutes (2002), requires the trial court to hold a hearing before restitution is imposed to determine the amount of restitution....
0 red0 yellow8 green0 procedural
Cited as authorityGalarza (2014)phrase: "rule_authority"
Cited as authorityKRAUTHEIM (2010)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1989 WL 52811
...itution imposed did not reflect the market value of the items taken; and that the amount specified should have been offset by items recovered and returned to the victim. The amount of restitution for stolen property as a condition of probation under section 775.089 should be based on the fair market value of the property at the time of the theft....
...Because "restitution cannot exceed the damage caused," Wilson v. State,
452 So.2d 84 (Fla. 1st DCA 1984), the trial court in addition erred in failing to determine what items the victim recovered and to offset the value of those items from the total amount of restitution. Section
775.089(6), Florida Statutes (1987), provides: *413 The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and his dependents, and such other factors which it deems appropriate. Section
775.089(7), Florida Statutes (1987), provides that the burden of demonstrating the financial resources of the defendant and his dependents is on the defendant....
0 red0 yellow7 green0 procedural
Cited as authorityWolff (2008)phrase: "rule_authority"
Cited as authorityIM (2005)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1991 WL 115590
...um of $8500 in *993 restitution. The appellant filed a timely notice of appeal. We agree with the appellant's contention that the state did not present sufficient, competent evidence to support the court's determination of the amount of restitution. Section 775.089(1)(a), Florida Statutes (1987), requires the trial court to impose restitution unless it finds reasons not to do so....
0 red0 yellow7 green0 procedural
Cited as authorityDreyer (2010)phrase: "rule_authority"
Cited as authorityTJN (2008)phrase: "rule_authority"
CopyCited 13 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 229, 1998 Bankr. LEXIS 1944, 1998 WL 1757108
...y considering the obligations which the Debtor faced if convicted of the criminal charges, the risk of conviction, and the costs of defense. [3] If convicted of the criminal charges, the Debtor could have been required to make restitution (Fla.Stat. § 775.089) and pay the costs of investigation and prosecution (Fla.Stat....
0 red0 yellow8 green0 procedural
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1997 WL 525325
...take salvage value into consideration, he should have presented evidence as to that value. However, "[t]he burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney," not the defendant. § 775.089(7), Fla. Stat. (1995). Accordingly, we reverse the order of restitution and remand for further proceedings in accordance with the requirements of section 775.089 and this opinion....
0 red0 yellow8 green0 procedural
Cited as authorityG.M.H. (2009)phrase: "rule_authority"
Cited as authorityDownie (2008)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2006 WL 2620262
...Because Escambia County incurred a loss of nearly $1 million in purchasing the soccer complex and later selling it, the State sought an award of restitution to the County. The trial court denied restitution, concluding that the County was not a "victim" entitled to restitution as defined by section 775.089(1)(a), Florida Statutes (2002)....
...Restitution The State argued below for restitution, noting that Escambia County suffered a loss of nearly $1 million when it sold the soccer complex after the commission's purchase. The trial court denied restitution, ruling that Escambia County was not a "victim" as that term is used in section 775.089, Florida Statutes (2002). Section 775.089(1) mandates an award of restitution to victims. Section 775.089(1)(c) defines a "victim" as a " person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode....
...es, corporations, and all other groups or combinations. *597 (emphasis added). The appellant argued below and argues on appeal that, since Escambia County is a political subdivision of the state, rather than a "person" as defined in section
1.01(3), section
775.089 does not authorize a restitution award in favor of the county....
...Federal Trade Comm'n,
596 F.2d 1381, 1384 (9th Cir.1979), rev'd on other grounds,
449 U.S. 232, 238 n. 7,
101 S.Ct. 488,
66 L.Ed.2d 416 (1980); Toombs v. City of Champaign, 245 Ill.App.3d 580, 185 Ill.Dec. 755, 615 N.E.2d 50, 52 (1993). In considering whether Escambia County is a "person" in the context of section
775.089(1), we also find persuasive the Second District's reasoning in South Florida Water Mgmt....
...1st DCA 2001)(Department of Transportation is a "person" within meaning of section
180.13(2), Florida Statutes (2000)). Further, in chapter 960, Florida Statutes (2002), we find unmistakable legislative intent that a county is entitled to restitution pursuant to section
775.089(1)....
...Most significantly, the legislature further provided, that "[n]otwithstanding this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting . . . moneys awarded by a restitution order under s. 775.089....
...State,
846 So.2d 662, 662-63 (Fla. 2d DCA 2003); Sheppard v. State,
753 So.2d 748 (Fla. 2d DCA 2000); and Sims v. State,
746 So.2d 546 (Fla. 2d DCA 1999), do not address the issue raised here: whether a county is barred from entitlement to restitution pursuant to section
775.089 because it is not a "person." In each of these cases, the court recognized that section
775.089 did not allow restitution to a governmental entity for investigative, prosecutorial, or supervisory costs relating to the prosecution of the defendant because these expenses do not constitute the type of loss necessary to make the entity a "victim" within the meaning of the statute....
...For this reason, too, the trial court did not err in excluding the Notice and attendant statements. As for whether the government or a subdivision thereof is a "person," §
1.01(3), Fla. Stat. (2002), within the meaning of the definition of "victim," §
775.089(1)(c), Fla....
...Stat. (2002) (requiring that "when the language [of a penal statute] is susceptible of differing constructions, it shall be construed most favorably to the accused"). Under accepted principles, Escambia County cannot be a "victim" within the meaning of section 775.089(1)(c), Florida Statutes (2002)....
...The majority opinion fails to acknowledge that the language it (selectively) quotes from section
960.295(2) can be fully explained by antecedent provisions that, while they render convicts financially liable to the state, do not authorize restitution awards under section
775.089(1)(c), Florida Statutes (2002)....
...State,
753 So.2d 748, 748 (Fla. 2d DCA 2000) ("The Division of Insurance Fraud is not a "victim" in this case and cannot receive restitution."); Sims v. State,
746 So.2d 546, 547 (Fla. 2d DCA 1999) ("The State does not qualify as a victim for payment of restitution pursuant to section
775.089(1)(c), Florida Statutes (1997).")....
...[2] Because I would reverse the conviction, I do not reach the question of restitution raised by the State on cross-appeal. Although I agree with much of the sentiment expressed in the majority opinion, that opinion creates direct conflict by its interpretation of section 775.089, Florida Statutes (2002)....
0 red0 yellow13 green1 procedural
Cited as authorityGlover (2019)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2008 WL 268903
...This amount was based solely on the evidence contained in the new discovery materials presented by the State at the restitution hearing. Malarkey now appeals the restitution order, arguing that the trial court erred by awarding restitution for items that were not related to the theft charged in the information. We agree. Section 775.089(1)(a), Florida Statutes (2005), provides that the court may order a defendant to make restitution to a victim for: 1....
0 red0 yellow9 green0 procedural
Cited as authorityFRANKLIN (2024)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1990 WL 2695
...ce recovery. The court then ordered restitution in the amounts of $10,325.00 to victim Pennington and $18,883.00 to victim Simpson. Appellant appeals from these findings but does not challenge the amount ordered paid to the third victim. We reverse. Section 775.089(1)(a), Florida Statutes (Supp....
...Mink further testified that in the instant cases he did not even offer all the items to appellant. We think this evidence is insufficient from which to "... determine the proportion of the total losses attributable to the [appellant's] offense as ..." required by section 775.089(1)(a)....
...icient to establish that value. Even less is it sufficient when, again as here, the victims' opinions to a large extent were "estimates." Finally, we note that while the burden was on appellant to establish inability to pay the amounts assessed, see section 775.089(7), there was virtually no evidence below bearing on appellant's ability to pay some $29,000.00 in restitution....
0 red0 yellow5 green0 procedural
Cited as authorityD.E.M. (2013)phrase: "rule_authority"
Cited as authorityGonzalez (2010)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1997 WL 280068
...Because we are remanding for another hearing, we also address the trial court's determination regarding the defendant's ability to pay. The restitution statute that applies in this case requires the trial court to determine the defendant's ability to pay restitution before imposing restitution. [1] Section 775.089, Florida Statutes (Supp.1992), provides, in pertinent part: (6) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of th...
...See Jarawdi v. State,
521 So.2d 261 (Fla. 2d DCA 1988); Amison v. State,
504 So.2d 473 (Fla. 2d DCA 1987). Accordingly, we reverse and remand for a new restitution hearing in accordance with this opinion. BLUE, A.C.J., and QUINCE, J., concur. NOTES [1] Section
775.089(6) was amended, effective May 8, 1995, to provide that a defendant's ability to pay is to be considered only when there is an attempt to enforce the restitution order....
0 red0 yellow5 green0 procedural
Cited as authorityDreyer (2010)phrase: "rule_authority"
Cited as authorityCANERDAY (2010)phrase: "rule_authority"
Cited as authorityTJN (2008)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1993 WL 113350
...State,
588 So.2d 636 (Fla. 1st DCA 1991): Turning next to the sufficiency of the evidence presented to prove the amount *1149 of restitution for the items found in appellant's possession, it is axiomatic that it is the state's burden to show the amount of loss sustained. §
775.089(7), Fla....
0 red0 yellow5 green0 procedural
Cited as authorityT.D.C. (2013)phrase: "rule_authority"
Cited as authorityConway (2013)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2001 WL 1219487
...State,
681 So.2d 1136, 1140 (Fla.1996) ("While a trial court cannot impose an illegal sentence pursuant to a plea bargain, it can impose a negotiated sentence that is not specifically authorized by statute.") (citations omitted), receded from on other grounds, Carter v. State,
786 So.2d 1173 (Fla.2001). [3] Section
775.089(1)(a), Florida Statutes, provides in pertinent part that "the court shall order the defendant to make restitution to the victim ......
0 red0 yellow8 green0 procedural
Cited as authorityGrosso (2008)phrase: "rule_authority"
CopyCited 8 times | Published | Supreme Court of Florida
...even though they embody a penal provision. City of Miami Beach v. Berns,
245 So.2d 38, 40 (Fla. 1971). [19] Small v. Sun Oil Co.,
222 So.2d 196, 199 (Fla. 1969). [20] Florida courts are expressly authorized to order a defendant to make restitution, Section
775.089, Florida Statutes (1977), and we recently held that under certain circumstances restitution may properly be required as a condition of probation....
0 red0 yellow14 green0 procedural
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1993 WL 424225
...We affirm the conviction without discussion. We reverse the trial court's restitution order and remand for further proceedings. When the state seeks restitution it has the burden of proving the amount of the victim's loss by a preponderance of the evidence. § 775.089(7), Fla....
0 red0 yellow5 green0 procedural
Cited as authorityDeMello (2013)phrase: "rule_authority"
Cited as authorityJuliano (2006)phrase: "rule_authority"
AffirmedGraham (2000)phrase: "affirmed in"
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 53 U.S.L.W. 2212
...April 22, 1982) (remarks of Sen. Chiles) (“it provides the remedy of restitution as a sentencing tool for judges”). . A number of state sentencing statutes that authorize restitution also provide for civil enforcement of the restitution order. See, e.g., Fla.Stat.Ann. § 775.089(6) (West Supp.1983); Ga.Code Ann....
5 red1 yellow175 green82 procedural
SupersededCampbell (2026)phrase: "superseded by"
CopyCited 10 times | Published | Supreme Court of Florida | 1992 WL 85180
...er denying restitution because that order does not result in an illegal sentence. The district court certified *1097 the following question as one of great public importance: WHETHER A TRIAL COURT'S ORDER DENYING A MOTION FOR RESTITUTION PURSUANT TO SECTION 775.089, FLORIDA STATUTES (1989) MAY BE APPEALED BY THE STATE....
...For the reasons expressed, we answer the question in the negative and approve the decision of the district court. MacLeod was charged with DUI causing serious bodily injury, a third-degree felony, to which he entered a plea of no contest. At his sentencing hearing, the State sought restitution pursuant to the provisions of section 775.089, Florida Statutes (1989), as part of MacLeod's sentence....
...The State argues that, since the trial judge denied restitution, MacLeod's sentence is illegal. The State further asserts that a prior insurance settlement for the victim's injury is not a proper ground to bar it from seeking restitution for a victim of this type of offense. Florida's restitution statute, section 775.089(1)(b), Florida Statutes (1989), provides that "[i]f the court does not order restitution ......
0 red0 yellow6 green0 procedural
Cited as authorityLaFave (2012)phrase: "rule_authority"
Cited as authorityJordan (2001)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2007 WL 4124907
..."Restitution must be proved by substantial competent evidence." Koile v. State,
902 So.2d 822, 824 (Fla. 5th DCA 2005). Absent clear and compelling reasons not to order restitution, a court shall order restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense. §
775.089(1)(a), Fla. Stat. Where the proper amount of restitution is in dispute, the burden is on the state to prove the amount of the loss by a preponderance of the evidence. §
775.089(7), Fla....
0 red1 yellow7 green0 procedural
Declined to follow(citing case) (2017)phrase: "decline to follow"
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1990 WL 175107
...In support of the motion, the plaintiffs argued that the defendant is estopped from denying the allegation that she stole money from the plaintiffs where she had already admitted that she had done so by her guilty plea in the underlying criminal charges. See §§
775.089(8) and
772.14, Fla.Stats....
...where her affidavit in opposition of summary judgment raises a question of material fact. We disagree. The defendant now wishes to deny, through her affidavit, the very fact which she plead guilty, that she stole $20,000 or more from the plaintiffs. Section 775.089(8), Florida Statute (1985) reads in pertinent part as follows: "The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding." § 775.089(8), Fla. Stat. (1985). Section 775.089(8) requires that the defendant be convicted of "an offense involving the act giving rise to restitution under this section......
...1988) (guilty plea is an agreement for the entry of a conviction); Lee v. State,
204 So.2d 245 (Fla. 4th DCA 1967), cert. denied,
210 So.2d 868 (Fla. 1968) (guilty plea is a conviction). Secondly, there is no dispute that the defendant was convicted of an offense for which restitution was ordered. As a result, section
775.089(8) mandates that the defendant is estopped "from denying the essential allegations of that offense in any subsequent civil proceeding." In the instant case, the "essential allegations," inter alia, are that the defendant committed the...
...e of others. Thus, the defendant's affidavit in opposition to the plaintiffs' motion for partial summary judgment does not, by law, raise a genuine issue as to any material fact. The defendant also contends that the trial court erred in finding that Section 775.089(8) is constitutional as applied to her case. We disagree. *1351 Florida courts have not dealt with the constitutionality of section 775.089(8), and thus the federal court's treatment of its similar section is applicable. Section 775.089(8) is almost identical to 18 U.S.C....
...the intent to deprive them of the right to their property and appropriated the property for her use or for the use of others. Thus, we find that the facts underlying the criminal offense were stipulated through a guilty plea. [5] Since we find that Section
775.089(8), Florida Statutes (1985), is constitutional and that the trial court did not err in granting the partial summary judgment as to the issue of liability, we find no need in addressing the plaintiffs' contention that Section
772.14, F...
0 red0 yellow4 green2 procedural
Cited as authorityPeterson (2007)phrase: "rule_authority"
Cited as authorityTaborsky (1994)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 496162
...en the amount was not mentioned at the revocation proceeding. Moreover, the record before this court is silent with regard to the manner in which the restitution amount was determined."). On remand the court may impose restitution in accordance with section 775.089, Florida Statutes....
0 red0 yellow6 green0 procedural
Cited as authorityFleming (2011)phrase: "rule_authority"
Cited as authorityDavis (2011)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1991 WL 13574
...After he changed his original plea of not guilty to guilty, the trial court adjudicated him guilty of these offenses. He was given a recommended guidelines sentence of seventeen years in prison with two consecutive three-year mandatory sentences. The trial judge, however, failed to comply with section 775.089, Florida Statutes (1985), which requires that the court award restitution to the victims unless it states reasons not to do so....
...Once the notice of appeal had been filed, the trial court was divested of jurisdiction. Wolfson v. State,
437 So.2d 174 (Fla.2d DCA 1983). Therefore, the court lacked jurisdiction to enter the amended sentence. Dailey's original sentence, however, was incomplete. Therefore, on remand the trial court shall comply with section
775.089(1)(a) which, since 1984, has required that the court order restitution unless reasons exist not to do so....
0 red0 yellow3 green1 procedural
Cited as authorityPowell (1998)phrase: "rule_authority"
Cited as authorityLanders (1997)phrase: "rule_authority"
Cited as authorityMacLeod (1992)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1923
...However, Bass is correct in his point that the trial court erred in finding him in violation of the restitution and fine conditions of probation without making a finding that he had the ability to pay. Restitution is a trial court option which may operate in conjunction with punishment, pursuant to Section
775.089(1), Florida Statutes (1983), or as a condition of probation pursuant to Section
948.03(1)(g), Florida Statutes (1983). Section
775.089(1) contains the proviso that restitution may be ordered "if the defendant is able or will be able to make such restitution." There is authority, however, for the proposition that this safeguard is not available if the probation result...
...n open court." Pollock v. Bryson,
450 So.2d 1183, 1186 (Fla. 2d DCA 1984), citing G.H. v. State,
414 So.2d 1135 (Fla. 1st DCA 1982). In such circumstances, which pertain in the instant case, the probationer is deemed to have waived the protection of Section
775.089(1) at the time he entered into the plea agreement....
0 red0 yellow3 green0 procedural
Cited as authorityMcQuitter (1993)phrase: "rule_authority"
Cited as authorityFryson (1990)phrase: "rule_authority"
Cited as authorityGore (1989)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1995 WL 642682
...ained by the victim as well as defendant's ability to pay the assessed amount. Accordingly, the restitution is vacated and remanded to the lower court for reimposition, if appropriate, upon proper notice, hearing and pronouncement in compliance with section 775.089, Florida Statutes (1993)....
0 red0 yellow5 green0 procedural
AffirmedVaughan (2021)phrase: "affirmed in"
Cited as authorityVaughan (2021)phrase: "rule_authority"
Cited as authoritySharpe (2013)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1991 WL 225568
...itution. Thomas v. State,
517 So.2d 132 (Fla. 4th DCA 1987); Snell v. State,
502 So.2d 489 (Fla. 4th DCA), rev. denied,
509 So.2d 1119 (Fla. 1987); Pellot v. State,
582 So.2d 124 (Fla. 4th DCA 1991). We have not done so by appellate whim or caprice. Section
775.089, Florida Statutes (1989), orders restitution only after the trial court considers "the financial resources of the defendant" including his "present and potential future financial needs and earning ability......
0 red0 yellow3 green0 procedural
Cited as authorityFilmore (1995)phrase: "rule_authority"
FollowedMcInnis (1992)phrase: "followed by"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1999 WL 765857
...Appellant objected on the ground of relevance, arguing that his conviction for attempted burglary did not substantially connect him to the items taken. We agree. The restitution statute provides that a defendant may be ordered to pay restitution "for damages or loss caused by the defendant's offense." § 775.089(1), Fla....
0 red0 yellow8 green0 procedural
Cited as authorityFRANKLIN (2024)phrase: "rule_authority"
Cited as authorityK.N. (2011)phrase: "rule_authority"
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 1996 WL 410696
...Champaign Urbana City Lines, Inc., 116 Ill.App.2d 289, 292, 252 N.E.2d 381, 383 (1969). The issue in this restitution hearing was whether the juvenile victim's parents suffered a loss or monetary expense "as a direct or indirect result of [appellant's] offense or criminal episode." § 775.089(1)(c), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 464157
...d should not be required to pay restitution. In Coleman v. State,
651 So.2d 239 (Fla. 5th DCA 1995), this court held that a defendant's ability to pay must be considered by the trial court before imposing restitution. However, effective May 8, 1995, section
775.089(6) was amended to provide that financial resources and ability to pay restitution shall be considered at the time of enforcement of a restitution order, rather than at the time restitution is ordered....
0 red0 yellow5 green0 procedural
Cited as authorityRoberts (2018)phrase: "rule_authority"
Cited as authorityRoberts (2018)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 497991
...sky. Although the petition for certiorari presents a more difficult jurisdictional issue, since we conclude that the trial judge clearly departed from the essential requirements of law as enunciated by the Legislature in enacting sections
772.14 and
775.089(8), Florida Statutes (1991), we also grant the petition for certiorari and direct entry of summary judgment....
...Taborsky was sentenced to one year of house arrest, fifteen years probation and 500 hours of community service. As a condition of Taborsky's probation, the judge expressly prohibited him from using the stolen research for any purpose. The judge further ordered that "pursuant to Florida Statute 775.089(8) [Taborsky] is hereby estopped by his conviction for grand theft in this case from denying the essential allegations of this offense in any subsequent civil proceeding." This court affirmed Taborsky's conviction, sentence and probation conditions in Taborsky v....
...ns all of this research and the right to pursue any claims against Taborsky relating to the research. USF then filed a civil action against Taborsky, seeking to enjoin him from using the protected research under the provisions of sections
772.14 and
775.089(8), which operate to collaterally estop a criminal defendant in a subsequent civil suit from requiring the civil plaintiff to relitigate facts resolved in the earlier criminal action, to obtain a civil injunction that would replicate the crim...
...robation orders. This court's affirmance of the criminal action now precludes Taborsky from raising this purported defense. We conclude that the trial court erred in refusing to grant the requested injunction because we find that sections
772.14 and
775.089(8) apply. The essential allegations of USF's amended and supplemental complaint which we conclude have successfully employed sections
772.14 and
775.089(8) to estop Taborsky from defending against them are as follows: Plaintiff, Board of Regents Of The State Of Florida, acting by and through the University of South Florida ("USF"), sues defendant Petr Taborsky ("Taborsky"), and alleges: 1....
...ate. As we earlier observed, we clearly have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B) to address the denial of USF's request for temporary and permanent injunctive relief. Even without employing sections
772.14 and
775.089(8), this case clearly cries out for injunctive relief as requested by USF....
...USF is not a party to the criminal action and must channel any requests as victim through the state attorney's office. The Legislature recognized this limitation and modified Florida law to afford the victim full recovery as a party in a related civil action. §§
772.14,
775.089(8)....
...e convicted felon without the long delay and cost associated with civil litigation. Both Congress and the Florida Legislature intended for the victim to apply collateral estoppel so as to conclusively establish facts resolved by the criminal action. Section 775.089(8) provides in pertinent part: "The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding." Section 775.089(8) is almost identical to the federal Victim and Witness Protection Act of 1982....
...In Mandico, first of all, the supreme court found that a contractor's immunity under section
440.11 "is not apparent from a simple reading of the Workers' Compensation Law... ."
605 So.2d at 852. A defendant's estoppel is readily apparent from reading sections
772.14 and section
775.089(8)....
...Even more persuasive is the Mandico court's holding that "[t]he assertion that the plaintiff's exclusive remedy is under the workers' compensation law is an affirmative defense, and its validity can only be determined in the course of litigation." The remedy of collateral estoppel provided for a victim in sections
772.14 and
775.089(8) is not in the nature of an affirmative defense but, on the contrary, provides that the defendant cannot defend. At best, any such attempted defense should be subject to a motion to strike and then a motion for summary judgment. The very intent of the Legislature in enacting sections
772.14 and
775.089(8) is to relieve a victim from the added expense, time and mental anguish of a second trial....
...rom Judge Sawaya's article as follows: In 1984, the Florida legislature also recognized the need to alleviate the victim's burden of establishing the convicted criminal's liability in a subsequent civil suit for damages, and enacted Florida Statutes section 775.089(8)....
...to victims by defendants, most victims are never fully or even partially compensated by defendants for their injuries and other losses." In response to Florida's concern for the plight of crime victims, the legislature also enacted Florida Statutes section 775.089(8)....
...bstantial change in Florida law that will have a major impact on the victim's ability to recover damages against convicted criminal defendants without the long delays usually associated with such civil proceedings. ... . By enacting Florida Statutes section 775.089(8), the legislature did what the courts have long been reluctant to do....
...As a special condition of probation, the trial court ordered Mr. Taborsky to pay restitution. Mr. Taborsky has appealed that revocation and the sentence imposed. I agree with the majority's decision not to impose an injunction requiring the assignment of the patent. Sections
772.14 and
775.089(8) cannot give estoppel effect to the conditions in a judge's order of probation....
...oss, but it would not result in the requisite "irreparable harm." See Martin-Johnson, Inc. v. Savage,
509 So.2d 1097 (Fla. 1987). If I were convinced that a trial court had no discretion but to grant a specific order under either sections
772.14 and
775.089(8), I would prefer to require entry of the order as a matter of mandamus....
0 red0 yellow6 green1 procedural
Cited as authorityGoines (2020)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1999 WL 280391
...iate for one who commits a burglary at night in an occupied dwelling. The penalty there is fifteen years imprisonment and ten thousand dollars fine. That would be appropriate because that is what the state says is the evidence in the case. NOTES [1] Section 775.089(1)(a), Florida Statutes, provides in relevant part: In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
0 red0 yellow6 green0 procedural
Cited as authorityGP (2008)phrase: "rule_authority"
Cited as authorityG.P. (2008)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1994 WL 502577
...1st DCA 1991). On remand, if the parties cannot agree on amounts, a restitution hearing will be necessary. At any such hearing, Allred should not be precluded from demonstrating his present and future financial resources and needs in accordance with section 775.089(7), Florida Statutes....
0 red0 yellow3 green0 procedural
Cited as authorityFreeman (2013)phrase: "rule_authority"
Cited as authorityGlynn (2001)phrase: "rule_authority"
Cited as authorityMosley (1999)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1990 WL 10220
...theft. We disagree. We do not believe that our legislature, in enacting the victim restitution statutes, intended to limit the trial court's function in these matters to determining fair market value. Victim restitution is authorized and governed by section 775.089, Florida Statutes (1987)....
...he following, that the probationer or offender in community control shall: ... . (e) Make reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court... . (emphasis added). Section 775.089(1)(a) refers to this section and requires the trial court to make restitution a condition of probation in accordance with it....
...However, there seems to be no reason to impose upon this type of action the same rigidities of proof that are required in criminal cases. See Norman v. State,
468 So.2d 1063 (Fla. 1st DCA 1985) (Nimmons, J., dissenting). The burden of proof, for the purposes of restitution, is a preponderance of the evidence. Section
775.089(7) states: Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence....
...We note in passing that if the 1976 Chevrolet had any salvage value after its sojourn in the bay, the defendant could have presented evidence of it. The defendant's remaining point is that the trial court failed to consider his ability to pay restitution. However, he had the burden of proof on this point. § 775.089(7), Fla....
0 red0 yellow3 green0 procedural
Cited as authorityHawthorne (1991)phrase: "rule_authority"
Cited as authorityBishop (1990)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1990 WL 14887
...Appellant's offense of dealing in stolen property involved some of the items taken in this burglary, but the additional restitution relates to other items which were taken in the burglary and not recovered, and physical damage to property and related expenses. Section 775.089(1)(a), Florida Statutes, authorizes restitution "for damage or loss caused directly or indirectly by the defendant's offense......
0 red0 yellow3 green2 procedural
Cited as authorityJohnston (2004)phrase: "rule_authority"
Cited as authorityCommonwealth (2002)phrase: "rule_authority"
FollowedFryson (1990)phrase: "followed by"
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1944
...essment ($15), and other costs ($29) expended by the county. We entirely agree with the defendant and strike such provisions from the sentence. First, there was no legal basis on this record for assessing the alleged burglary restitution costs under Section 775.089(1), Florida Statutes (1983)....
...The defendant was convicted of dealing in stolen property taken from a burglary, and was not, so far as the record shows, criminally involved in the burglary itself. This being so, it is plain that the damages and losses sustained by the owner in the said burglary were not "caused by the defendant's offense," § 775.089(1), Fla....
0 red0 yellow3 green0 procedural
Cited as authorityHercule (1995)phrase: "rule_authority"
Cited as authorityBull (1989)phrase: "rule_authority"
Cited as authorityFernandez (1988)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 577998
...titution. After sorting through the wash, we find that the appellant's position is consistent with the law on restitution as to a number of the items at issue. As to the items enumerated below and for the reasons set forth below, we reverse in part. Section 775.089 provides for restitution "caused directly or indirectly by the defendant's offense." Fla. Stat. § 775.089(1)(a) (1995)....
0 red1 yellow3 green0 procedural
Cited "but see"Gonzalez (2010)phrase: "but see"
Cited as authorityJ.R. (2014)phrase: "rule_authority"
Cited as authorityJ.R. (2014)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 9173, 1993 WL 347453
...As a result of the accident, he was charged in the Monroe County Court with a violation of section
258.083, Florida Statutes, (1991). [2] In negotiations with the state, he agreed to plead to the charge and to pay court costs and a fine. In addition, he undertook, pursuant to section
775.089, Florida Statutes (1991), [3] to make restitution in an amount to be determined by the court [4] for the damage to the reef....
...Co. v. Butler,
314 So.2d 567 (Fla. 1975). This is because by any ordinary, dictionary definition and understanding of the words in question, a requirement to make "restitution to the victim for damage or loss caused ... by the defendant's offense," §
775.089(1)(a), Fla. Stat. (1991), is neither a "fine" nor a "penalty." Simply put, a penalty or fine involves punishment which is not designed to effect compensation for or restoration of the damages caused by a specific act; section
775.089-type "restitution" is....
...There is no reason, moreover, that the carrier should not be liable merely because the damages are assessed in the course of a criminal proceeding. Nothing in the language of the exclusion itself, which surely could have been drawn to do so, sustains such a result. Furthermore, under section 775.089(5), Florida Statutes (1991), [a]n order of restitution may be enforced by the state, or a victim [7] named in the order to receive the restitution, in the same manner as a judgment in a civil action....
0 red0 yellow4 green0 procedural
Cited as authorityFleekop (1996)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2003 WL 22734841
...Accordingly, the State concluded that the restitution award should be reduced to $43,634.28. [2] Because the trial court failed to timely rule on the State's Motion to Correct Sentence, the motion was deemed denied and this *562 appeal ensued. See Fla. R.Crim. P. 3.800(b)(2). The restitution statute, section 775.089(1)(a), Florida Statutes (2002), provides in pertinent part: In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1....
...788,880, the amount attributable to the nineteen boxes not charged in the information. Any loss of cable service revenue stemming from Bernard's criminal episode with the single cable box charged in the information arguably falls within the scope of section 775.089(1)(a)2....
0 red0 yellow7 green0 procedural
Cited as authorityStrout (2015)phrase: "rule_authority"
Cited as authorityBox (2008)phrase: "rule_authority"
Cited as authorityMalarkey (2008)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1549
...Appellant does not contest the court's implicit finding that the appellant was responsible for the theft of the above sum. It is true that the defendant had a right to require the court to consider the ability of the defendant to pay the restitution at the time of the entry of the restitution order. See Section
775.089(6), Florida Statutes (1984 Supp.); Ballance v. State,
447 So.2d 974, 976 (Fla. 1st DCA 1984). However, the defendant, by failing to assert, at any point in the proceedings below, his rights under Section
775.089(6), or to otherwise assert in any manner an inability to pay the restitution, waived his right to raise on appeal from the subject order the trial court's failure to determine the defendant's financial ability to pay. Section
775.089(7) provides, in pertinent part: "(7) * * * The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant and his dependents is on the defendant." Of course, in the case at bar, unlike such cases exemplified by Fresneda v....
...of appointment of the public defender at the commencement of the case below and for purposes of appeal. We do not, however, believe that the fact that such orders were entered excuses the defendant's failure to affirmatively assert his rights under Section 775.089(6) where he has had full opportunity to do so....
0 red0 yellow2 green0 procedural
Cited as authorityGreen (1993)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 269753
...On this appeal from both the convictions and sentences appellant poses seven points for reversal, none of which demonstrates reversible error, in our judgment, except the contention that the trial court erred in imposing restitution without notice *1060 and a fair opportunity to be heard on the question. Section 775.089, Florida Statutes (1987), in pertinent part, provides: (6) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the off...
0 red0 yellow2 green0 procedural
Cited as authorityPerry (2003)phrase: "rule_authority"
Cited as authorityTillman (2002)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1989 WL 89683
...He also found that she averaged taking approximately $600 per week and that she had taken a total of $16,800. Based upon these findings, the court ordered the appellant to repay the victims a total of $16,800. This timely appeal followed. Absent reasons not material in this case, section
775.089(1)(a), Florida Statutes (1985), requires the trial court to order restitution to the victims of crimes for damages or loss caused directly or indirectly by a defendant's offense. Section
775.089(1)(a) also requires the court to make the payment of restitution a condition of probation in accordance with section
948.03(1)(e), Florida Statutes (1985)....
...State,
452 So.2d 84 (Fla. 1st DCA 1984). If the parties cannot agree on the amount of the victims' damages, as in this case, the court must resolve the dispute, and the burden of demonstrating such loss by a preponderance of the evidence is on the state. §
775.089(7), Fla....
0 red0 yellow2 green0 procedural
Cited as authorityRitch (2009)phrase: "rule_authority"
Cited as authorityMontalvo (1998)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2005 WL 544208
...A & E instituted the chapter 727 proceeding, it is a lien that attaches to estate funds. The County also argues that a restitution obligation is not subject to discharge by any statutory or common-law proceeding for relief against creditors, citing section 775.089(10)(b), Florida Statutes (2000); that the restitution lien act supercedes all contrary law and is controlling over any conflicting law; and that public policy dictates that criminals should not be able to avoid paying restitution by instituting proceedings for relief against creditors....
0 red0 yellow4 green0 procedural
Cited as authorityLuzinski (2025)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2599449
...However, defense counsel promptly objected to the amounts claimed, contending that the amounts reflected the replacement costs, not the fair market value at the time of the loss. Once Molter objected to the amount of restitution, the trial court was required to hear evidence on the matter. § 775.089(7), Fla....
...f items that Molter admitted stealing from the Bennetts. To affirm an order of restitution, there must be record evidence sufficient to support a finding that the State proved by a preponderance of the evidence the amount of restitution ordered. See § 775.089(7); Bass v....
0 red0 yellow6 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1992 WL 379810
...l amount of restitution, or to apportion restitution in any appropriate manner. Id. at 967. Rather, we find the facts in this case analogous to those considered by this court in Peters v. State,
555 So.2d 450 (Fla. 4th DCA 1990). In Peters, we said: Section
775.089(1)(a), Florida Statutes (Supp....
...Subsection (7) places the burden of establishing victims' losses on the state. Id. at 451. In Peters, this court reversed the order of restitution concluding in part that the state failed to show Peters fenced all of the goods stolen from the victim. Id. Section 775.089(6), Florida Statutes (1991), provides: The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial...
0 red0 yellow6 green0 procedural
Cited as authorityElmer (2014)phrase: "rule_authority"
AffirmedAJ (1996)phrase: "affirmed in"
Cited as authorityAJ (1996)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1992 WL 70142
...its earlier case of Williams v. State,
520 So.2d 276 (Fla. 1988), the supreme court only dealt with the merits of the appeal. A reading of Williams reveals that the state was attempting to convince the court to go beyond the statutory requirement of section
775.089(1)(a), Florida Statutes (1985) that restitution to a victim should be limited "for damage or loss caused directly or indirectly by the defendant's offense." Id., at 277-278....
...I cannot agree that restitution ordered for items stolen from the victim's home, which the majority acknowledges was "improper", cannot be challenged on appeal because the defendant failed to object below to the lack of causation required by sections
775.089(1)(a) and
948.03(1)(e), Florida Statutes (1989)....
...Thus, I conclude the supreme court intends this issue to be dealt with as it was in Williams. I do not think Larson v. State,
572 So.2d 1368 (Fla. 1991) is controlling on this issue. Larson dealt with an optional, otherwise legal condition of probation. Restitution, on the other hand, is mandated by section
775.089(1)(a) and its parameters are set forth in the statute....
0 red0 yellow1 green0 procedural
Cited as authorityHenriquez (1994)phrase: "rule_authority"
CopyCited 16 times | Published | Supreme Court of Florida | 1997 WL 109215
...ctims as a condition of sentence. Section 39.054 addresses generally a court's power of disposition in juvenile proceedings, while subsection (1)(f) specifically provides the authority to order restitution which a court may do in its discretion. [5] Section 775.089 is a restitution statute which is part of Florida's Criminal Code....
...al episode. [7] Therefore, once a juvenile defendant is adjudicated delinquent or an adult defendant found guilty, restitution is an appropriate sanction for juveniles under section 39.054(1)(f) and a mandatory sanction for criminal defendants under section 775.089(1)(a)....
...ibe the damage done to support an order of restitution, but rather only required "that the damage bear a significant relationship to the convicted offense." Id. at 738 (emphasis added). In State v. Williams,
520 So.2d 276 (Fla. 1988), we interpreted section
775.089(1)(a), Florida Statutes (1985), [9] a substantially similar predecessor to the 1995 version of section
775.089(1)(a) at issue in this case. In concluding that restitution may only be ordered if a causal relationship exists between the offense and the damage or loss, we stated that the substantial relationship test from J.S.H. should work in conjunction with section
775.089(1)(a)....
...EA AGREEMENT EXPRESSLY LEAVES THE AMOUNT OF RESTITUTION TO THE DISCRETION OF THE TRIAL COURT? The defendants in Hebert had been charged with third-degree grand theft, but pled guilty to petit theft under a plea agreement which left restitution under section 775.089(1)(a) expressly to the trial court's discretion....
...stitution amounts to be proven beyond a reasonable doubt at the criminal proceedings in cases where the defendant's alleged offense is defined by reference to a dollar amount. Id. The First District concluded that such a position would conflict with section 775.089(7), Florida Statutes (Supp.1994), which states that the burden of proof in establishing the amount of restitution is by a preponderance of the evidence....
...In so doing, we do not limit trial courts' discretion on the amount of restitution to only those plea *1065 agreements which expressly so provide. Thus, we answer the question we left unanswered in Hebert. Applying the substantial relationship test from J.S.H. to section 39.054(1)(f) and section 775.089(1)(a) will allow courts to order restitution greater than a maximum dollar value defining an offense for which a defendant is adjudicated guilty....
...J.S.H. as applied to section 39.11(1)(g) is equally applicable to its successor statute, section 39.054(1)(f). Furthermore, consistent with our decision in Williams, we likewise apply the "significant relationship" test to criminal defendants under section 775.089(1)(a) which requires a court to order a defendant to make restitution for damage or loss "caused directly or indirectly by the defendant's offense" and "related to the defendant's criminal episode." Therefore, since we have determined...
...on below. It is so ordered. OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] We rephrase the certified question to make clear that its answer is equally applicable under both section 39.054(1)(f), Florida Statutes (1995) and section 775.089(1)(a), Florida Statutes (1995)....
...The question certified by the First District uses the phrase "for which a child is adjudicated a delinquent child." We rephrase this passage to read "for which a defendant is adjudicated guilty" because there is nothing in either section 39.054(1)(f) or section 775.089(1)(a) which would require a different answer to the certified question for juvenile and adult proceedings....
...to make restitution in money, through a promissory note cosigned by the child's parent or guardian, or in kind for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court. (Emphasis added). [6] Section 775.089(1)(a), Florida Statutes (Supp....
...itution to the victim for: 1. Damage or loss caused directly or indirectly by the defendant's offense; and 2. Damage or loss related to the defendant's criminal episode, unless it finds clear and compelling reasons not to order such restitution. [7] Section 775.089(7), Florida Statutes (Supp....
...[9] The statute read in pertinent part: In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense, unless it finds reasons not to order such restitution. § 775.089(1)(a), Fla.Stat. (1985). [10] The 1995 version of section 775.089(1)(a)2 includes an additional restitutionary obligation for "damage or loss related to the defendant's criminal episode" which was not present in the 1985 version of the statute.
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2844571
...Finally, we turn to Johnson's last issuethat restitution was imposed without the presentation of evidence, a hearing, or a waiver of these requirements. The standard of review of a restitution order is abuse of discretion. State v. Hawthorne,
573 So.2d 330, 333 (Fla.1991). Section
775.089(7), Florida Statutes (2004), in pertinent part provides: Any dispute as to the proper amount or type of restitution shall be resolved *417 by the court by the preponderance of the evidence....
...Johnson never objected to restitution before or at sentencing. He first raised the issue some eight months later in his motion to correct sentencing error. In that motion, Johnson argued only that the State failed to comply with the statutory hearing requirement. § 775.089(7)....
0 red0 yellow5 green0 procedural
Cited as authorityAlford (2015)phrase: "rule_authority"
Cited as authorityBearden (2011)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1989 WL 156226
...We affirm the trial court's order and hold that, under the facts of this case, the trial court properly relied upon the victim's retail price to measure the victim's "damage or loss caused directly or indirectly by the defendant's offense" for purposes of section 775.089, Florida Statutes (1987)....
...es. The defendant argues that the trial court, by awarding retail value, awarded the victim either lost profits or consequential damages arising out of the theft. He argues that the undefined "damage or loss" for which restitution is permitted under section 775.089(1)(a), Florida Statutes (1987), does not include such remote losses....
0 red0 yellow3 green0 procedural
Cited as authorityTC (2005)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1993 WL 309166
...In response to the court's question regarding how he knew how many apartments were rented, the landlord stated that Delks sent him monthly reports. However, the landlord did not have these reports with him at the restitution hearing. Delks objected to the testimony regarding these reports. Section 775.089(7), Florida Statutes (1991) places the burden of demonstrating the amount of loss on the state....
0 red0 yellow3 green0 procedural
Cited as authorityAshton (2001)phrase: "rule_authority"
Cited as authorityMontalvo (1998)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1994 WL 419618
...The lower court did not err in rejecting the setoff claim. [1] Bain also complains about the amount of restitution ordered. After hearing evidence on the amount of the loss, Bain's present and future ability to pay, and related matters as set out in section 775.089(7), Florida Statutes (1993), the lower court found Bain had the present and future ability to pay restitution in the amount ordered....
...the amount of $498,814.61 or anywhere close to it. The question is whether the lower court could properly assess such an amount as restitution in the face of Bain's testimony that she is penniless and unemployed. There is little doubt what sections 775.089(6) and (7), Florida Statutes say; the question bedeviling this panel is what they mean in practical application: Restitution....
...lity. Therrien v. State,
637 So.2d 288 (Fla. 5th DCA 1994). The legislature has expressed its intent that, in addition to any punishment, restitution of losses caused by the crime should be made to the victim, absent compelling reasons not to do so. §
775.089, Fla....
...No evidence was presented to rebut this testimony. In my view, the evidence in this record is insufficient to support the trial judge's finding that Bain has the future ability to earn more than a modest amount of money even though she had the burden of proof on this issue. § 775.089(7)....
...To find that Bain has a future ability to pay $500,000.00, under these circumstances, ignores the statutory mandate in favor of an "anything goes" attitude. One can always win the Florida lottery and therefore any sum awarded for restitution must be affirmed. Subsections 775.089(1) and (6) provide that restitution shall be ordered only when the trial judge finds that the defendant has *582 the present and future ability to pay it....
0 red0 yellow3 green2 procedural
Cited as authorityMoore (1997)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1990 WL 48602
...Dinkel $815 without accrued interest for his direct loss. He merely argues that Mr. Dinkel's attorneys' fees were caused by the sheriff's decision to file an interpleader action, rather than by his crime of dealing in stolen property. We disagree. Absent clear and compelling reasons, section 775.089(1), Florida Statutes (1985), requires the trial court to order the defendant to make restitution for damage or loss "caused directly or indirectly by the defendant's offense." Before this statute was amended to permit recovery for los...
0 red0 yellow3 green0 procedural
Cited as authorityBellot (2007)phrase: "rule_authority"
Cited as authoritySchuette (2002)phrase: "rule_authority"
Cited as authorityCox (2002)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18025, 2010 WL 4740187
...Restitution must be proved by substantial, competent evidence and this evidence must be greater than mere speculation. Id. (citations omitted). “A victim’s testimony, without documentation, is not enough to support an award of restitution.” Id. (citations omitted). Section 775.089, Florida Statutes, permits a trial court to order a defendant to make restitution for damages or losses caused by the defendant’s offense. § 775.089(l)(a), Fla. Stat. (2008). The state bears the burden of proving by the preponderance of the evidence the loss sustained by the victim as a result of the offense. § 775.089(7), Fla....
0 red0 yellow7 green0 procedural
Cited as authorityParague (2017)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1992 WL 213124
...Stat. (1989). Since this case does not involve these intentional torts, I will not address them. It is interesting to note, however, that the victim of a criminal assault is probably entitled to restitution even if this section provides tort immunity. Section 775.089, Fla....
0 red0 yellow4 green0 procedural
Cited as authorityHadley (2011)phrase: "rule_authority"
Cited as authorityStaffmark (2010)phrase: "rule_authority"
Cited as authorityEller (1993)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2001 WL 1174293
...the theft occurred, noting that it had no testimony as to salvage value. Thus the court ordered $6,000 in restitution. Trial courts are generally required to order a defendant to make restitution for damage or loss caused by the defendant's offense. §
775.089, Fla. Stat. (1999). The state attorney has the burden of proving the loss sustained by the victim by a preponderance of the evidence rather than to the exclusion of all reasonable doubt. §
775.089(7), Fla. Stat. (1999); Fisher v. State,
722 So.2d 873 (Fla. 1st DCA 1998); J.O.S. v. State,
668 So.2d 1082 (Fla. 1st DCA 1996), approved,
689 So.2d 1061 (Fla. 1997). The primary objectives of restitution awards pursuant to section
775.089 are to give the criminal defendant an opportunity to make amends and to make the victim of a crime whole, at least to the extent it is possible to do so....
0 red0 yellow4 green0 procedural
Cited as authorityA.J.A. (2017)phrase: "rule_authority"
Cited as authorityA.J.A. (2017)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1993 WL 77421
...The requirement of rule 3.172 and section
775.084 concerning preplea notice of habitualization is clearly a legal matter, involving no factual determination. Consequently, even though the propriety of directing L.A.D.'s mother to pay restitution was not raised below, we nonetheless address the issue on its merits. *108 Section
775.089(1)(a), Florida Statutes (1991), provides that a defendant shall "make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 401
...nt of the restitution instead of apportioning the amount between appellant and a codefendant. Appellant also challenges the trial court's failure to consider his ability to pay. The order of restitution was not objected to at the time of sentencing. Section
775.089, Florida Statutes (1985) controls the imposition of restitution in criminal cases. As this court noted in Gilmore v. State,
479 So.2d 791 (Fla. 2d DCA 1985), the 1984 amendment to section
775.089 *699 considerably changed the method of ordering restitution....
...s reasons on the record. As this court held in Gilmore, the 1984 amendment to the statute provides notice to every defendant that restitution shall be imposed, and no further advance notice to the defendant is necessary. Prior to the 1984 amendment, section 775.089(1), Florida Statutes (1983) provided that the court might order restitution by a defendant "if the defendant is able or will be able to make restitution." Section 775.089(6), Florida Statutes (1985) now provides that the court, in ordering restitution, shall consider the financial resources of the defendant and the financial needs and earning ability of the defendant and his dependents. However, section 775.089(7), Florida Statutes (1985) specifically provides that "[T]he burden of demonstrating the financial resources of the defendant and his dependents is on the defendant." The failure of appellant to object in the court below to the order...
...Appellant, relying on Turner v. State,
431 So.2d 1017 (Fla. 4th DCA 1983), also argues that the total amount of restitution due the victim of the crime should have been apportioned between appellant and the coperpetrator of the armed robbery. Neither the present version of section
775.089 or its predecessor imposes any requirement upon the trial court to apportion restitution among codefendants equally guilty of the crime which resulted in the loss to the victim. On the contrary, section
775.089(1), Florida Statutes (1985) requires the court to order restitution for "damage or loss caused directly or indirectly by the defendant's offense." The court in imposing restitution certainly could, if it stated reasons on the record,...
...The facts in this case do not justify such apportionment. It is clear from the language of the current statute that an order of restitution is to be treated in the same way as a judgment in a civil action, and is enforceable by either the state or the victim. § 775.089(5)(10), Fla....
...Remedies involving apportionment of liability between any of the parties involved, including victims and defendants, would be the same as between judgment holders and cojudgment debtors. We cannot discern from a reading of the brief opinion in Turner whether we are in conflict or not. Turner, being based on section 775.089, Florida Statutes (1981), appears to turn on the failure of the appellant there to have notice and an opportunity to be heard on the restitution issue....
0 red0 yellow1 green0 procedural
Cited as authoritySpivey (1988)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 1993 WL 176646
the victim injured by Gladfelter's driving. Section
775.089(2), Florida Statutes (1989), provides that
0 red0 yellow5 green0 procedural
Cited as authorityWitthaus (2006)phrase: "rule_authority"
Cited as authorityConnor (2006)phrase: "rule_authority"
ApprovedTWL (1996)phrase: "approved in"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 4468, 2009 WL 1311013
insurance was contemplated and permitted by section
775.089, Florida Statutes (2007), we affirm. Affirmed
0 red0 yellow5 green0 procedural
Cited as authorityPartin (2011)phrase: "rule_authority"
Cited as authorityCalderon (2011)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2776
Insurance Company, in the amount of $512. Section
775.089(1), Florida Statutes (1983) provides that a
0 red0 yellow5 green1 procedural
Cited as authorityJohnston (2004)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1990 WL 160715
judgment determining liability of Smith based on section
775.089(8), Florida Statutes (1989) which provides:
0 red0 yellow2 green3 procedural
Cited as authorityDominguez (2009)phrase: "rule_authority"
Cited as authorityProffitt (1995)phrase: "rule_authority"
Review deniedProffitt (1995)phrase: "review denied"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1991 WL 32995
error. In the past, this court has held that section
775.089(6), Florida Statutes (1989), requires a sentencing
0 red0 yellow2 green0 procedural
Cited as authorityBain (1994)phrase: "rule_authority"
Cited as authorityBolling (1994)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2620
imposed as part of a sentence pursuant to section
775.089, Florida Statutes (1983), the defendant must
0 red0 yellow3 green0 procedural
AffirmedPrimm (1993)phrase: "affirmed in"
Cited as authorityDailey (1991)phrase: "rule_authority"
Cited as authorityGrice (1988)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1989 WL 77479
condition to probation in accordance with s.
948.03. §
775.089(1)(a), Florida Statutes (1987) (emphasis supplied)
0 red0 yellow3 green0 procedural
Cited as authorityPowell (1992)phrase: "rule_authority"
Cited as authoritySalvador (1992)phrase: "rule_authority"
Cited as authorityMansingh (1991)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1993 WL 12404
recovery by the victim is contemplated by section
775.089(8), Florida Statutes (1989). Accordingly, we
0 red0 yellow3 green0 procedural
Cited as authorityMarchan (2016)phrase: "rule_authority"
Cited as authorityBishop (2008)phrase: "rule_authority"
AffirmedAnderson (1993)phrase: "affirmed in"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 313626
conviction of driving with a suspended license.[1] Section
775.089, Florida Statutes (1999), provides, (1)(a)In
0 red0 yellow4 green0 procedural
Cited as authorityWolff (2008)phrase: "rule_authority"
Cited as authorityBennett (2006)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 1993 WL 46637
directly or indirectly by the defendant's offense." §
775.089(1)(a), Fla. Stat. (1989). Petitioners now argue
0 red0 yellow4 green0 procedural
Cited as authorityJ.R. (2003)phrase: "rule_authority"
Cited as authorityMontalvo (1998)phrase: "rule_authority"
Cited as authorityJOS (1997)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1995 WL 726534
COBB and GOSHORN, JJ., concur. NOTES [1] See §
775.089(5), Fla. Stat. (1993).
0 red0 yellow4 green0 procedural
Cited as authorityBM (1999)phrase: "rule_authority"
Cited as authorityB.M. (1999)phrase: "rule_authority"
Cited as authorityJS (1998)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1997 WL 168600
0 red0 yellow4 green0 procedural
Cited as authorityStanley (2010)phrase: "rule_authority"
Cited as authorityLewis (2004)phrase: "rule_authority"
Cited as authoritySeidman (2003)phrase: "rule_authority"
CopyCited 12 times | Published | District Court of Appeal of Florida | 1990 WL 6486
in order to support an order of restitution, §
775.089(1)(a), Fla. Stat. (1987), the order must be reversed
CopyCited 2 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 501, 2006 Fla. LEXIS 1479, 2006 WL 1838565
certified to be of great public importance: DOES SECTION
775.089, FLORIDA STATUTES (2003), AUTHORIZE A RESTITUTION
0 red0 yellow31 green0 procedural
Cited as authorityFRANKLIN (2024)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1991 WL 239909
against him by the trial court pursuant to section
775.089, Florida Statutes (1987).[1] Appellant argues
0 red0 yellow2 green0 procedural
Cited as authorityBowers (1992)phrase: "rule_authority"
AffirmedBowers (1992)phrase: "affirmed in"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 621, 18 Fla. L. Weekly Fed. D 374
action based on Florida's restitution statute, §
775.089(8), Fla. Stat. (1989), and that Sun Chevrolet
0 red0 yellow2 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1994 WL 551462
trial court considered the matters required in section
775.089(6), Florida Statutes (1991). As restitution
0 red0 yellow3 green0 procedural
Cited as authorityWhite (2009)phrase: "rule_authority"
Cited as authorityRitch (2009)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1996 WL 460718
any subsequent independent civil recovery." See §
775.089(8), Fla.Stat. From the crime victim's viewpoint
0 red0 yellow5 green0 procedural
Cited as authorityWitthaus (2006)phrase: "rule_authority"
Cited as authorityKirby (2003)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2330
make restitution of $9,921.72 pursuant to Section
775.089, Florida Statutes. He also appeals the imposition
0 red0 yellow1 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1992 WL 37151
or indirectly by the defendant's offense," see §
775.089(1)(a), Fla. Stat. (1989), the restitution order
0 red0 yellow1 green1 procedural
Cited as authorityGlaubius (1996)phrase: "rule_authority"
Review deniedGlaubius (1997)phrase: "review denied"
CopyCited 7 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 823
The court entered judgment and pursuant to section
775.089, Florida Statutes (1985), ordered appellant
0 red0 yellow1 green0 procedural
Cited as authorityM.E.I. (1988)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1998 WL 552824
of Florida, which amended Florida Statute section
775.089(1)(a) by adding the italized language below:
0 red0 yellow1 green0 procedural
Cited as authorityGonzalez (2010)phrase: "rule_authority"
CopyCited 10 times | Published | District Court of Appeal of Florida | 1998 WL 634876
statute authorizing them. We recognize that section
775.089(2)(b), Florida Statutes (1997), permits restitution
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 960792
ANTOON, C.J., and COBB, J., concur. NOTES [1] §
775.089(1)(a), Fla. Stat. (1997), provides: (1)(a) In
0 red0 yellow4 green0 procedural
Cited as authorityLOPEZ (2024)phrase: "rule_authority"
Cited as authorityKittelson (2008)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1993 WL 9784
specified period or in specified installments. See §
775.089(3)(a), Fla. Stat. (1991). Only the trial court
0 red0 yellow2 green0 procedural
Cited as authorityIanieri (2012)phrase: "rule_authority"
AdoptedCasto (1993)phrase: "adopted by"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1992 WL 4463
trial court erred in failing to comply with section
775.089, Florida Statutes (1989), in that it did not
0 red0 yellow2 green0 procedural
Cited as authorityPadilla (1993)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1997 WL 82564
appropriate, it must establish the schedule itself. See §
775.089(3), Fla. Stat. (Supp.1994). AFFIRMED in part,
0 red0 yellow2 green0 procedural
Cited as authoritySalonko (2010)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1989 WL 88042
for a hearing pursuant to the provisions of section
775.089, Florida Statutes (1987). See Howren v. State
0 red0 yellow2 green0 procedural
AffirmedRomano (1995)phrase: "affirmed in"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1995 WL 214610
to raise contemporaneous objection); see also §
775.089, Fla. Stat. (1991) ("the court shall order the
0 red0 yellow2 green0 procedural
Cited as authorityMann (2013)phrase: "rule_authority"
Cited as authorityWhitten (2005)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 514
dependents, and other such factors pursuant to Section
775.089(6), Florida Statutes (1985), before ordering
0 red0 yellow1 green0 procedural
AffirmedVanlieu (1994)phrase: "affirmed in"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 19567
The trial court exceeded its authority under section
775.089, Florida Statutes to order restitution by including
0 red0 yellow3 green2 procedural
Cited as authorityHinson (2025)phrase: "rule_authority"
Cited as authorityTravis (2007)phrase: "rule_authority"
Cited as authorityHardy (1995)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1996 WL 90570
related to the defendant's criminal episode.... §
775.089(1)(a), Fla.Stat. (Supp.1994) (emphasis added)
CopyCited 9 times | Published | District Court of Appeal of Florida | 1987 WL 3352
restitution was an error and reverse. Pursuant to section
775.089(6), (7), Florida Statutes (1985) the trial
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2005 WL 3406328
for further proceedings in accordance with section
775.089, Florida Statutes (2004). Motion for Judgment
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 115804
court overruled defense counsel's objection. Section
775.089(6), Florida Statutes (1989), provides that
0 red0 yellow5 green0 procedural
Cited as authorityRegisma (2013)phrase: "rule_authority"
Cited as authorityCunningham (2002)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida | 1990 WL 159658
court neither ordered restitution pursuant to section
775.089, Florida Statutes (1989), nor stated its reasons
CopyCited 8 times | Published | District Court of Appeal of Florida | 1997 WL 330593
restitution as part of adult probation, where section
775.089 imposes no duty on the trial court to make
CopyCited 8 times | Published | District Court of Appeal of Florida | 1988 WL 81553
appellant to make restitution as mandated by Section
775.089, Florida Statutes. The trial judge held a hearing
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713555
compelling reasons not to order such restitution. §
775.089(1)(a), Fla. Stat. (2005). Additionally, [w]hen
0 red0 yellow2 green0 procedural
Cited as authorityChilders (2008)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1351
regard to his ability to pay, as required by section
775.089(6), Florida Statutes (1985). However, appellant
0 red1 yellow1 green0 procedural
Cited "but see"Charles (2012)phrase: "but see"
Cited as authorityCharles (2014)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 26690
reverse and remand as to the latter. Although Section
775.089(6), Florida Statutes (1988 Supp.), requires
0 red0 yellow2 green0 procedural
Cited as authorityHawthorne (1991)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
consistent with the legislative mandate embodied in section
775.089(2), Florida Statutes (1983), that, in determining
0 red0 yellow2 green0 procedural
Cited as authorityWare (2011)phrase: "rule_authority"
Cited as authorityGriffis (2003)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 1190738
evidence standard required of the state. See §
775.089(8)(a)3, Fla. Stat. (1997). We agree with the trial
0 red0 yellow2 green0 procedural
Cited as authorityDolan (2016)phrase: "rule_authority"
Cited as authorityRivera (2004)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 191311
the time and expense incurred is challenged. Section
775.089(1)(a), Florida Statutes (1991), requires restitution
0 red1 yellow1 green1 procedural
Cited "but see"Schuette (2002)phrase: "but see"
Cited as authorityGlaubius (1996)phrase: "rule_authority"
Review deniedGlaubius (1996)phrase: "review denied"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 114655
fee. Before restitution may be awarded under section
775.089(1), Florida Statutes (1987), there must be
0 red0 yellow2 green1 procedural
Cited as authorityGlaubius (1996)phrase: "rule_authority"
AffirmedKrueger (1992)phrase: "affirmed in"
Review deniedGlaubius (1997)phrase: "review denied"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 122948
and remand for a new restitution hearing. See §
775.089(7), Fla. Stat. (Supp. 1992); Winborn v. State
0 red0 yellow2 green0 procedural
Cited as authorityIaconetti (2004)phrase: "rule_authority"
Cited as authorityRonan (1995)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 921
restitution as a condition of appellant's probation. Section
775.089(6), Florida Statutes (1985) requires that the
0 red0 yellow2 green0 procedural
AffirmedHarris (1991)phrase: "affirmed in"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 217186
defendant lacks the present ability to pay. Section
775.089(1)(a), Florida Statutes (1989), provides, in
0 red0 yellow4 green0 procedural
Cited as authorityYbarra (2000)phrase: "rule_authority"
Cited as authorityDuby (1995)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22357815
without a restitution hearing as required by section
775.089, Florida Statutes (2002), we reverse and remand
0 red0 yellow4 green0 procedural
Cited as authorityCarter (2009)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 178053
financial circumstances which was his burden. §
775.089(7) Fla. Stat. (1993); Bolling v. State, 631 So
0 red0 yellow4 green0 procedural
Cited as authoritySchotsch (1996)phrase: "rule_authority"
Cited as authorityLutz (1995)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1993 WL 141257
failed to consider the factors set out in section
775.089(6) and (7), Fla. Stat. (1989) which mandate
0 red0 yellow1 green0 procedural
Cited as authorityMoment (1994)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1927
circumstances of this case do not justify it. Section
775.089, Florida Statutes (1985), does not require
0 red0 yellow1 green0 procedural
Cited as authorityHamrick (1995)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1990 WL 126218
directly or indirectly by a defendant's offense, section
775.089(1)(a), Florida Statutes (1987). There must
0 red0 yellow1 green0 procedural
Cited as authoritySchuette (2002)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 86821
restitution which was unjustified pursuant to section
775.089, Florida Statutes (1989). This section provides
0 red0 yellow3 green0 procedural
ApprovedMarcott (1994)phrase: "approved by"
Cited as authorityBattles (1992)phrase: "rule_authority"
Cited as authorityBurke (1992)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 818267
related to the defendant's criminal episode. §
775.089(1)(a), Fla. Stat. (2007). If the court does not
0 red0 yellow3 green0 procedural
Cited as authorityLOPEZ (2024)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 1805461
county was not a "victim" for purposes of section
775.089, Florida Statutes (2002), and as a result was
0 red0 yellow3 green0 procedural
Cited as authorityCommonwealth (2016)phrase: "rule_authority"
Cited as authorityJ.W.A. (2013)phrase: "rule_authority"
Cited as authorityRitch (2009)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 1998 WL 574314
2d at 472-73.[6] A prime concern underlying section
775.089 is twofold: to give the perpetrator of a crime
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2007 WL 1555737
child did not have the ability to pay. Under section
775.089(6), Florida Statutes (2005), the defendant's
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2008 WL 818808
general statute governing restitution awards, section
775.089, Florida Statutes (2006),[1] provides in part:
CopyCited 7 times | Published | District Court of Appeal of Florida
similarly worded counterpart for adult offenders, Section
775.089(1), Florida Statutes (1981), which allows a
CopyCited 7 times | Published | District Court of Appeal of Florida
judge failed to follow the requirements of section
775.089(6), Florida Statutes (1985). That subsection
CopyCited 7 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2569
a result of the offense in accordance with section
775.089(7), Florida Statutes (1985). RYDER and SCHOONOVER
CopyCited 4 times | Published | District Court of Appeal of Florida | 1988 WL 126641
impose upon a convicted defendant pursuant to section
775.089(7), Florida Statutes (1985) (see McClure v
0 red0 yellow1 green0 procedural
Cited as authorityRamos (1995)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 821773
to a preponderance of the evidence standard. §
775.089(7), Fla.Stat. (1997). In a case such as this,
0 red0 yellow1 green0 procedural
Cited as authorityGonzalez (2007)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 203717
0 red0 yellow1 green0 procedural
Cited as authorityRitch (2009)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 334377
(Fla. 4th DCA 1991) and cases cited therein. Section
775.089(6), Florida Statutes (1993), directs restitution
0 red0 yellow1 green2 procedural
AffirmedCarter (2009)phrase: "affirmed in"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 147146
ordered. We affirm the trial court's order. Section
775.089(6), Florida Statutes (1991) requires that a
0 red0 yellow1 green0 procedural
Cited as authorityMcManamon (1992)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1991 WL 15004
other factors which it deems appropriate." Section
775.089(6), Fla. Stat. With regard to revocation of
0 red1 yellow0 green0 procedural
Cited "but see"Culp (1997)phrase: "but see"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 119465
unauthorized motion for rehearing, asserting section
775.089, Florida Statutes (2002), the criminal restitution
0 red0 yellow5 green0 procedural
ReaffirmedMM (2011)phrase: "reaffirming"
Cited as authorityMM (2011)phrase: "rule_authority"
ReaffirmedM.M. (2011)phrase: "reaffirming"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 401199
underlying purpose of the restitution statute. See §
775.089, Fla.Stat. (Supp.1994). The motion is otherwise
0 red0 yellow2 green0 procedural
Cited as authorityFRANKLIN (2024)phrase: "rule_authority"
Cited as authorityRitch (2009)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 59214
court to adopt a payment schedule pursuant to Section
775.089(3), Florida Statutes (1989),[1] and in doing
0 red0 yellow2 green0 procedural
Cited as authorityMoore (1993)phrase: "rule_authority"
Cited as authorityRobinson (1992)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21274801
for payment of *663 restitution pursuant to section
775.089(1)(c), Florida Statutes (2000), we strike condition
0 red0 yellow2 green0 procedural
Cited as authorityChilders (2006)phrase: "rule_authority"
Cited as authorityChilders (2006)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 2512122
restitution award and a civil damages award, section
775.089(8)[, Florida Statutes (2007) ] specifically
0 red0 yellow2 green0 procedural
Cited as authorityPalterovich (2009)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 140970
responsibility of ordering restitution under section
775.089(1)(a), Florida Statutes, for loss occasioned
0 red0 yellow2 green0 procedural
Cited as authorityCarson (2010)phrase: "rule_authority"
Cited as authorityTriplett (1998)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 584404
related to the defendant's criminal episode." §
775.089(1)(a), Fla. Stat. (1997). When assessing the victim's
0 red0 yellow2 green0 procedural
Cited as authorityKirby (2003)phrase: "rule_authority"
Cited as authorityPlumpton (2002)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 167325
not kill Lawson, it is necessary to review section
775.089, Florida Statutes (1989), the statutory authority
0 red0 yellow2 green0 procedural
AffirmedHenninger (1996)phrase: "affirmed in"
Cited as authorityHenninger (1996)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 840215
appellant to pay restitution, as mandated by section
775.089, Florida Statutes (2001), to the "Sheriff of
0 red0 yellow2 green0 procedural
Cited as authorityChilders (2006)phrase: "rule_authority"
Cited as authorityChilders (2006)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1988 WL 16017
determining his ability to do so as required by Section
775.089(6), Florida Statutes (1985). See Pettway v
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 9655
Beattie,
536 So.2d 1078 (Fla. 4th DCA 1988). Section
775.089, Florida Statutes, 1989, is the general statute
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 5412326
discretion to the courts in making these awards. See §
775.089(1)(a), Fla. Stat. (2006) (directing court to award
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 6182407, 2013 Fla. App. LEXIS 18880
courts are required by our restitution statute, section
775.089, Florida Statutes, to order the defendant to
0 red0 yellow4 green0 procedural
Cited as authoritySchenk (2014)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 194935
or indirectly by the offense and reverse. Section
775.089(1)(a), Florida Statutes (2006), provides that:
0 red0 yellow4 green0 procedural
Cited as authorityD.J.M. (2016)phrase: "rule_authority"
Cited as authorityD.J.M. (2016)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 149697
payment of restitution must be made immediately. §
775.089(3)(c), Fla. Stat. The evidence in this case, even
0 red0 yellow4 green0 procedural
Cited as authorityIanieri (2012)phrase: "rule_authority"
AffirmedRoyals (1996)phrase: "affirmed in"
Cited as authorityVasquez (1995)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 21459558
proper "victim" under the restitution statute. Section
775.089, Florida Statutes (2001), states in part: (1)(a)
0 red0 yellow3 green0 procedural
Cited as authorityALBERTIE (2008)phrase: "rule_authority"
AffirmedLewis (2004)phrase: "affirmed in"
Cited as authorityLewis (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 356254
loss testified to by the victim. According to section
775.089(1)(a), Florida Statutes (2000), "the court
0 red0 yellow3 green0 procedural
Cited as authorityJAB (2008)phrase: "rule_authority"
Cited as authorityJ.A.B. (2008)phrase: "rule_authority"
Cited as authorityBass (2004)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4790946
to the general restitution statute for adults, §
775.089, Fla. Stat. (2006), to determine issues related
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 2620273
may be a "victim" as that term is used in section
775.089, Florida Statutes. My separate opinion in this
CopyCited 5 times | Published | District Court of Appeal of Florida
pay restitution, attorney fees, and costs. Section
775.089, Florida Statutes (1983), authorizes a court
CopyCited 5 times | Published | District Court of Appeal of Florida
burden that payment will impose upon him. Section
775.089, Florida Statutes (1977). In this case Reeves
CopyCited 5 times | Published | District Court of Appeal of Florida | 1994 WL 7687
argument based upon the applicable statute. Under section
775.089(1)(a), Florida Statutes, a trial court shall
CopyCited 5 times | Published | District Court of Appeal of Florida | 1988 WL 80127
final point on appeal, appellant argues that section
775.089(1)(a), Florida Statutes (1987), the statute
CopyCited 5 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1859
to be heard the court committed no error. Section
775.089 was amended in 1984 to require the court to
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 564205
07(1)(k) is more clearly revealed by a review of section
775.089, the restitution statute it was designed to
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 88928
the presentence investigation (PSI). Under section
775.089, Florida Statutes (1989), appellant was not
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
Finally, the trial judge did not comply with Section
775.089, Florida Statutes (1981) in that he did not
0 red0 yellow1 green0 procedural
Cited as authoritySpivey (1988)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 782436
directly or indirectly by the defendant's offense." §
775.089(1)(a)(1), Fla. Stat. (2004). "The burden of proving
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1993 WL 2659
attorney or the appellate court. NOTES [1] Section
775.089(1)(a) provides: ... in addition to any punishment
0 red0 yellow1 green0 procedural
Cited as authorityVFD (2009)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 826709
remand for further proceedings consistent with section
775.089, Florida Statutes. See Rhoden, supra, at 123;
0 red0 yellow1 green0 procedural
Cited as authorityNix (2012)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 54790
restitution. Restitution is provided for by section
775.089(1). It provides that the court: Shall order
0 red0 yellow1 green0 procedural
Cited as authoritySchuette (2002)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1993 WL 310684
The parties recognize that the provisions of section
775.089(1)(a), Florida Statutes, place a defendant
0 red0 yellow1 green0 procedural
Cited as authorityBowers (1996)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 151314
Are you satisfied with that? DEFENDANT: Yes. Section
775.089(1)(b)2, Florida Statutes (1993) provides: An
0 red0 yellow1 green1 procedural
Cited as authoritySpruill (1994)phrase: "rule_authority"
Review deniedMoore (1995)phrase: "review denied"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 2918722
by proper application of the provisions of section
775.089, Florida Statutes (2005), which requires the
0 red0 yellow2 green0 procedural
Cited as authorityDownie (2008)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 599991
ordered him to pay $204,000 in restitution. Section
775.089(1)(a), Florida Statutes (1995), provides in
0 red0 yellow2 green0 procedural
Cited as authorityK.N. (2011)phrase: "rule_authority"
Cited as authorityJohnston (2004)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 338548
potential future ... earning abilit[ies]." See §
775.089(6), Fla. Stat. (1991). However, we reverse the
0 red0 yellow2 green0 procedural
Cited as authorityWhite (2009)phrase: "rule_authority"
Cited as authorityReyes (1995)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3079009
0 red1 yellow1 green0 procedural
Cited "but see"Davis (2014)phrase: "but see"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 55638
damage or loss in the amount ordered. See section
775.089(7), Florida Statutes (1989); Morel v. State
0 red0 yellow2 green0 procedural
Cited as authorityMontalvo (1998)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 293225
distinguish between restitution, governed by section
775.089, Florida Statutes (1997), and costs of conviction
0 red0 yellow2 green0 procedural
Cited as authorityChilders (2006)phrase: "rule_authority"
Cited as authorityChilders (2006)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 9344, 2014 WL 2781814
recovery to cases involving bodily injury. See §
775.089(2)(c), Fla. Stat. (1988) (“When an offense has
0 red0 yellow2 green0 procedural
Cited as authoritySEAY (2024)phrase: "rule_authority"
Cited as authorityLatham (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 WL 1636818
caused the victim's loss, directly or indirectly. §
775.089(7), Fla. Stat. (2005). It is not enough to show
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 98038
constructive notice that restitution would be imposed, §
775.089, Fla. Stat. (1989), and will have the opportunity
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 584194
made by a preponderance of the evidence. See §
775.089(7), Fla. Stat. (1999). In reviewing the order
0 red0 yellow2 green0 procedural
Cited as authorityKoile (2005)phrase: "rule_authority"
Cited as authorityJohnston (2004)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 1259982
amount of the victim's loss, as required by section
775.089(7), Florida Statutes (1997). It is well established
0 red0 yellow2 green0 procedural
Cited as authorityD.E.M. (2013)phrase: "rule_authority"
Cited as authoritySantana (2001)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida
defendant to make restitution to the victim . . . .” §
775.089(1)(a), Fla. Stat. (2017). In 1993, the Florida
0 red0 yellow2 green0 procedural
Cited as authorityFRANKLIN (2024)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 1127735
victim for payment of restitution pursuant to section
775.089(1)(c), Florida Statutes (1997). See Rodriguez
0 red0 yellow2 green0 procedural
Cited as authorityChilders (2006)phrase: "rule_authority"
Cited as authorityChilders (2006)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 228606
never associated with Chapman. Pursuant to section
775.089(1)(a), Florida Statutes (1995), Chapman is
0 red0 yellow2 green0 procedural
AffirmedThomas (2005)phrase: "affirmed in"
Cited as authorityThomas (2005)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3241
*716related to the defendant’s criminal episode.” §
775.089(l)(a), Fla. Stat. (2007). The courts have treated
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11624
statute authorizing them. We recognize that section
775.089(2)(b), Florida Statutes (1997), permits restitution
0 red0 yellow7 green0 procedural
Cited as authorityStrout (2015)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1993 WL 341121
statute. More specifically, Ebaugh argues that section
775.089(1)(a), Florida Statutes (1991), does not provide
CopyCited 4 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 747
also ordered to make restitution pursuant to section
775.089, Florida Statutes (1983). Appellant argues
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 21658455
or indirectly by the defendant's offense," section
775.089(1)(a), Florida Statutes (2001), and the court
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13193, 2000 WL 1504984
events at the sentencing hearing and so do we. Section
775.089 (l)(a), Florida Statutes (1997), requires a
0 red0 yellow5 green0 procedural
AffirmedJ.R. (2017)phrase: "affirmed in"
Cited as authorityJ.R. (2017)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 4108
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 174659
the court's finding in favor of the mother. Section
775.089, Florida Statutes (Supp. 1988), in pertinent
0 red0 yellow1 green0 procedural
UpheldOcasio (1991)phrase: "upheld by"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 1062232
carrier's payment of policy limits. He relies on section
775.089(8), which provides: "The conviction of a defendant
0 red0 yellow1 green0 procedural
Cited as authorityKirby (2003)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 699134
future financial needs and earning ability. See §
775.089(6), Fla. Stat. (1995). A defendant who agrees
0 red0 yellow1 green0 procedural
Cited as authorityFernandez (2001)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1342497
related to his criminal mischief offense. Section
775.089, Florida Statutes (2004), requires that a court
0 red0 yellow1 green0 procedural
Cited as authorityM.S. (2008)phrase: "rule_authority"
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 50 Collier Bankr. Cas. 2d 1597, 16 Fla. L. Weekly Fed. B 188, 2003 Bankr. LEXIS 869, 41 Bankr. Ct. Dec. (CRR) 171
paid through the Clerk of Court, pursuant to Section
775.089(11)(a), in the manner specified in the judgement
0 red0 yellow1 green0 procedural
Cited as authorityIn Re Troff (2005)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1996 WL 44719
sentence which requires restitution pursuant to section
775.089, Florida Statutes (1994 Supp.). In the sentence
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 583
be ordered by the trial judge pursuant to section
775.089, Florida Statutes (1985), clearly constitutes
0 red0 yellow1 green0 procedural
Cited as authoritySmall (1991)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 115525
under section
775.089. Although a trial court must follow the requirements under section
775.089(6) to
0 red0 yellow1 green0 procedural
Cited as authoritySmall (1991)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 125166
locate his missing property. Relying upon section
775.089(1), Florida Statutes (1987) and upon State
0 red1 yellow0 green0 procedural
Cited "but see"Schuette (2002)phrase: "but see"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 107060
victim damage or loss in the amount ordered. See §
775.089(7), Fla. Stat. (1989). Not only did the state
0 red0 yellow1 green0 procedural
Cited as authorityDuby (1995)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 31507
collision.[1] In 1993, the legislature amended section
775.089(1)(a), Florida Statutes, to require restitution
1 red0 yellow2 green0 procedural
Receded fromSeagrave (2000)phrase: "receded from"
Cited as authoritySims (2008)phrase: "rule_authority"
Cited as authoritySchuette (2002)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 2291944
So.2d 535, 535 (Fla. 4th DCA 1995); see also §
775.089(6), Fla. Stat. (2005). Moreover, restitution for
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 139535
denied and this appeal ensued. Pursuant to section
775.089, Florida Statutes (1987), as one of the conditions
0 red0 yellow0 green2 procedural
Review deniedALBERTIE (2008)phrase: "review denied"
Review deniedBattles (1992)phrase: "review denied"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 248056
that portion of the restitution order. Under section
775.089(1)(c), Florida Statutes (1991), the sheriff's
CopyCited 3 times | Published | District Court of Appeal of Florida | 1998 WL 288395
of enforcement of the restitution order. See §
775.089(6)(b), Fla. Stat. (1995). However, the purpose
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 11470
than entering a written order. We disagree. Section
775.089, Florida Statutes (1995), and the cases interpreting
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 25820
defender's office both at trial and on appeal. Section
775.089(6), Florida Statutes (1989), provides: (6)
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 578031
order of restitution in this case pursuant to section
775.089(1)(a)2., Florida Statutes (1995). The loss
1 red0 yellow1 green0 procedural
Receded fromSchuette (2001)phrase: "receded from"
Cited as authoritySchuette (2002)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8586, 1994 WL 474931
failed to introduce any evidence on this matter. §
775.089(7), Fla.Stat. (1993). Robbins, through her counsel
0 red0 yellow2 green0 procedural
Cited as authoritySpruill (1994)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 WL 106396
0 red0 yellow2 green0 procedural
Cited as authorityBain (2006)phrase: "rule_authority"
Cited as authorityDinardo (1998)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1988 WL 70561
restitution, or to compliance with the provisions of section
775.089(6), Florida Statutes (1985),[2] the record
0 red0 yellow2 green0 procedural
Cited as authorityManuel (1999)phrase: "rule_authority"
Cited as authorityMorris (1995)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 11835
by the defendant's offenses as provided by section
775.089(1)(a)1-2 of the Florida Statutes (1995). The
0 red0 yellow2 green0 procedural
Cited as authorityAMB (2005)phrase: "rule_authority"
Cited as authorityA.M.B. (2005)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1987 WL 2118
in failing to consider, as is required by section
775.089(6), Florida Statutes (1985), her financial
0 red0 yellow2 green0 procedural
Cited as authorityClough (2014)phrase: "rule_authority"
AffirmedWalker (1994)phrase: "affirmed in"
CopyPublished | Court of Appeals for the Eleventh Circuit
private attorney or collection agent); Fla. Stat. §
775.089(12)(a) (authorizing the court to enter an income
0 red0 yellow15 green0 procedural
Cited as authorityT.W.C. (2026)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 19680
for further proceedings in accordance with section
775.089, Florida Statutes (2004). Motion for Judgment
0 red0 yellow12 green0 procedural
Cited as authorityW.B. (2015)phrase: "rule_authority"
Cited as authorityW.B. (2015)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1828, 1988 Fla. App. LEXIS 3601
final point on appeal, appellant argues that section
775.089(l)(a), Florida Statutes (1987), the statute
0 red0 yellow11 green0 procedural
Cited as authorityMurdock (2013)phrase: "rule_authority"
Cited as authorityBellot (2007)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 518815
for further proceedings in accordance with section
775.089, Florida Statutes (1993). See Dubois v. State
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 203116
and the defendant's ability to pay restitution. §
775.089, Fla. Stat. (1989); Pettway v. State, 502 So.2d
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 138891
determination of the factors set forth in section
775.089(6) and (7), Florida Statutes, i.e., the loss
CopyCited 2 times | Published | District Court of Appeal of Florida | 1996 WL 387426
hearing and pronouncement in compliance with section
775.089, Florida Statutes (1993). Lastly, we remand
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 12427
for a restitution award to a victim of a crime. §
775.089(2)(c), Fla. Stat. (1991); Self v. State, 458 So
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 24866
regard to her ability to pay restitution. See §
775.089(6), Fla. Stat. (1987). We, accordingly, reverse
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 280144
defendant's present or potential future ability to pay. §
775.089(6), (7), Fla. Stat. (1989); see Williams v. State
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 18622
recently offered discounted retail prices. See §
775.089(7), Fla. Stat. (2007) (providing that “[a]ny dispute
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 100260
police agency was not a "victim" as used within section
775.089, Florida Statutes (1987), and that investigative
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 37489
Statutes (1987), or as restitution pursuant to section
775.089(b), Florida Statutes (1987). Because we find
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 76583
compelling reasons for not ordering restitution. See §
775.089(1)(a) and (b), Fla. Stat. (1989). This record
CopyCited 1 times | Published | District Court of Appeal of Florida | 1989 WL 136156
0 red0 yellow1 green2 procedural
Cited as authorityMyrick (1994)phrase: "rule_authority"
Review deniedBain (1995)phrase: "review denied"
Review deniedMyrick (1994)phrase: "review denied"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1994 WL 171595
within the definition of "victim" provided by section
775.089(1)(c), Florida Statutes (1991). We agree and
0 red0 yellow1 green0 procedural
Cited as authorityWilliamson (1997)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1452164
Builders in the civil action by operation of section
775.089(8), Florida Statutes (2003). On November 1
0 red0 yellow1 green0 procedural
Cited as authorityDiaz (2008)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 WL 33514
hearing to consider the factors set forth in section
775.089(6) and (7), Florida Statutes (1987). These
0 red1 yellow0 green0 procedural
Declined to followKelly (1992)phrase: "decline to follow"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2658
0 red0 yellow1 green0 procedural
Cited as authorityAB (2011)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1993 WL 196341
of a restitution order in accordance with section
775.089(1)(a), Florida Statutes, may make the sentence
0 red0 yellow1 green0 procedural
Cited as authorityPowell (1998)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 WL 3091219, 2017 Fla. App. LEXIS 10488
conduct a restitution hearing consistent with section 775,089(6)(a)-(b), Florida Statutes (2016). AFFIRMED
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 375
Beattie,
536 So.2d 1078 (Fla. 4th DCA 1988). Section
775.089, Florida Statutes, 1989, is the general statute
0 red0 yellow1 green0 procedural
Cited as authorityCyrus (1998)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 WL 9294
0 red0 yellow1 green0 procedural
AffirmedWebster (1990)phrase: "affirmed in"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 870, 1998 WL 39280
requirements mandated by the Florida legislature in section
775.089, Florida Statutes (1995), but has the potential
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1994 WL 41842
financial resources and his ability to pay. See §
775.089(6), Florida Statutes (1991); Mallard v. State
0 red0 yellow1 green0 procedural
Cited as authorityHangen (1995)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 1127741
restitution in accordance with s.
775.089." In turn, section
775.089(1)(a), Florida Statutes (1997), provides, "Payment
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6700
restitution as part of adult probation, where section
775.089 imposes no duty on the trial court to make
0 red0 yellow9 green0 procedural
Cited as authorityNoel (2013)phrase: "rule_authority"
Cited as authorityJAB (2010)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1923
related to the defendant’s criminal episode.... §
775.089(l)(a), Fla.Stat. (Supp.1994) (emphasis added)
0 red0 yellow8 green0 procedural
Cited as authorityThomas (2014)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 445, 1998 Fla. LEXIS 1681
2d at 472-73.6 A prime concern underlying section
775.089 is twofold: to give the perpetrator of a crime
0 red0 yellow6 green0 procedural
ReaffirmedSandomeno (2017)phrase: "reaffirming"
Cited as authorityConnor (2006)phrase: "rule_authority"
Cited as authoritySeidman (2003)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 4371
general statute governing restitution awards, section
775.089, Florida Statutes (2006),1 provides in part:
0 red0 yellow6 green0 procedural
Cited as authoritySchenk (2014)phrase: "rule_authority"
Cited as authorityConway (2013)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 118, 1997 Fla. LEXIS 308
restitution which a court may do in its discretion.5 Section
775.089 is a restitution statute which is part of Florida’s
0 red0 yellow6 green0 procedural
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 18952
may be a “victim” as that term is used in section
775.089, Florida Statutes. My separate opinion in this
0 red0 yellow6 green0 procedural
Cited as authorityChilders (2011)phrase: "rule_authority"
Cited as authorityChilders (2011)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 16973
to the general restitution statute for adults, §
775.089, Fla. Stat. (2006), to determine issues related
2 red0 yellow4 green0 procedural
Receded fromEDP (2009)phrase: "receding from"
Receded fromE.D.P. (2009)phrase: "receding from"
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 8666
child did not have the ability to pay. Under section
775.089(6), Florida Statutes (2005), the defendant’s
0 red0 yellow5 green0 procedural
Cited as authorityConway (2013)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 6051, 2005 WL 991705
damage to the victim and the crime proved. See §
775.089(1)(a), Fla. Stat. (2004); Bernard v. State, 859
0 red0 yellow5 green0 procedural
Cited as authorityStrout (2015)phrase: "rule_authority"
Cited as authorityK.N. (2011)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 19293
established by a preponderance of the evidence, §
775.089(7), *1100Fla. Stat. (2004), restitution is awarded
0 red0 yellow4 green0 procedural
Cited as authorityK.N. (2011)phrase: "rule_authority"
Cited as authorityTJN (2008)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20236
similarly worded counterpart for adult offenders, Section
775.089(1), Florida Statutes (1981), which allows a
0 red0 yellow4 green0 procedural
FollowedJMG (1994)phrase: "we follow"
Cited as authorityJMG (1994)phrase: "rule_authority"
FollowedJ.M.G. (1994)phrase: "we follow"
CopyPublished | District Court of Appeal of Florida
appellant’s ability to pay restitution.” Id. (citing §
775.089(6), Fla. Stat. (1993)). Here, the State concedes
0 red0 yellow3 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 7713, 2004 WL 1196080
directly related to *622the criminal episode. See §
775.089(l)(a), Fla. Stat. (2001). We therefore reverse
0 red0 yellow3 green0 procedural
Cited as authorityDavis (2017)phrase: "rule_authority"
Cited as authorityLatham (2016)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 10847
of Florida, which amended Florida Statute section
775.089(l)(a) by adding the italized language below:
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Cited as authorityMonti (2000)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1993 WL 331911
must affirmatively assert his rights under section
775.089(6), Florida Statutes, to present evidence of
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
proceedings after the court orders restitution, see §
775.089(6), Fla. Stat. (2016), but in a juvenile case
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 WL 212020
schedule pursuant to the restitution provision, Section
775.089(3), Florida Statutes (1989), or order the defendant
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 578035
victim's loss to justify restitution. See section
775.089(1)(a)2, Florida Statutes. He also contends
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1595970
restitution definition of victim, and we agree. Section
775.089(1)(c), Florida Statutes (1997), defines the
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 677990
the offense before restitution is appropriate. §
775.089(7), Fla.Stat. (1995). There must be a significant
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 WL 340158
had not inquired into his ability to pay. See §
775.089(6), Fla. Stat. (the court, in determining whether
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3330764
established by a preponderance of the evidence, §
775.089(7), *1100 Fla. Stat. (2004), restitution is awarded
CopyCited 1 times | District Court of Appeal of Florida
... 3d 248, 249 (Fla. 4th DCA 2015) (citing J.O.S. v. State,
689 So. 2d 1061, 1064 (Fla. 1997) (“[Section
775.089(1)(a), Florida Statutes] ‘creates the significant relationship test.’”). Further, section
775.089(7) states that “[a]ny dispute as to the proper amount or type of restitution ...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1994 WL 226605
conditioned on restitution of $2,458.55. Section
775.089(7), Florida Statutes (1991) puts the burden
CopyCited 1 times | District Court of Appeal of Florida
... six-month coverage period, not medical treatment related to her injuries from the accident. See §§
775.089(1)(a) & (2)(a), Fla. Stat. (2024). We also agree that the trial court erred in awarding restitution for the victim’s car loan balance. Because insurance paid out the fair market value of ...
CopyCited 1 times | District Court of Appeal of Florida
... does not constitute a “victim,” as that term is defined for restitution purposes in section
775.089(1)(c)1., Florida Statutes (2023), the trial court erred in ordering restitution. We also agree with Appellant that because the State did not request the $50 cost of investigation ...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 WL 27955
related to the crime charged may be imposed by section
775.089(1)(a), Florida Statutes (1987). State v. Williams
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1879103
*1229 to the convicted offense pursuant to section
775.089(1)(b)(2), Florida Statutes (2005).[1] The resolution
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 WL 1344
the present case. This court has interpreted section
775.089, Florida Statutes (1989), as allowing the reservation
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 31447
investigation company, Emerald Coast Investigations. Section
775.089, Florida Statutes (1995), requires a criminal
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 5191769
recently offered discounted retail prices. See §
775.089(7), Fla. Stat. (2007) (providing that "[a]ny dispute
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1857611
substantial evidence to support the award.... Section
775.089 contemplates an evidentiary hearing when there
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 420601
appeal from "an order denying restitution under section
775.089 ." Counsel for the child contends that section
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1033757
related to the defendant's criminal episode." §
775.089(1)(a), Fla. Stat. (2007). The courts have treated
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14767
So.2d 535, 535 (Fla. 4th DCA 1995); see also §
775.089(6), Fla. Stat. (2005). Moreover, restitution for
0 red0 yellow2 green0 procedural
Cited as authorityKoile (2006)phrase: "rule_authority"
Cited as authorityKoile (2006)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13823
restitution definition of victim, and we agree. Section
775.089(l)(c), Florida Statutes (1997), defines the
0 red0 yellow2 green0 procedural
Cited as authorityOH (2007)phrase: "rule_authority"
Cited as authorityO.H. (2007)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 11336
*1229to the convicted offense pursuant to section
775.089(l)(b)(2), Florida Statutes (2005).1 The resolution
0 red0 yellow2 green0 procedural
Cited as authorityK.N. (2011)phrase: "rule_authority"
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 10812
or indirectly by the defendant’s offense,” section
775.089(l)(a), Florida Statutes (2001), and the court
0 red0 yellow2 green0 procedural
Cited as authorityV.A.C. (2013)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 731, 2003 WL 183330
“victim” for purposes of the restitution statute, section
775.089, Fla. Stat. We distinguish these cases and
0 red0 yellow2 green0 procedural
Cited as authorityKoile (2006)phrase: "rule_authority"
Cited as authorityKoile (2006)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 120
than entering a written order. We disagree. Section
775.089, Florida Statutes (1995), and the cases interpreting
0 red0 yellow2 green0 procedural
Cited as authorityNC (2004)phrase: "rule_authority"
Cited as authorityN.C. (2002)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
market value, of many of the items. Section
775.089(7), Florida Statutes, provides: Any
0 red0 yellow2 green0 procedural
Cited as authorityFernandez (2019)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5560
appeal from “an order denying restitution under section
775.089 .” Counsel for the child contends that section
0 red0 yellow2 green0 procedural
Cited as authoritySS (2010)phrase: "rule_authority"
Cited as authorityS.S. (2010)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14861, 1999 WL 2614
was pending, the trial court, pursuant to section
775.089, Florida Statutes (1993), entered a written
0 red0 yellow1 green0 procedural
Cited as authorityMiranda (2013)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 7122
related to his criminal mischief offense. Section
775.089, Florida Statutes (2004), requires that a court
0 red0 yellow1 green0 procedural
Cited as authorityMS (2008)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2689, 1991 WL 77628
court entered a restitution order pursuant to Section
775.089, Florida Statutes (1989), requiring appellant
0 red0 yellow1 green0 procedural
Cited as authorityBurke (1992)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 829, 1987 Fla. App. LEXIS 7285
insurance company is not a “victim” as defined in section
775.089, Florida Statutes (1985). We disagree. This
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AffirmedLongo (1991)phrase: "affirmed in"
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 606, 1988 Fla. App. LEXIS 828
pay the restitution amount, as required by section
775.089(6), Florida Statutes (1987). We agree and remand
0 red0 yellow1 green0 procedural
Cited as authorityTuialii (2009)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1996 WL 293629
constitute a proper item for restitution under section
775.089, Florida Statutes (1993), we affirm. At the
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5890, 1991 WL 109691
legislative intent of Florida’s restitution statute, § 775.-089, Fla.Stat. (1989), were analyzed and discussed
0 red0 yellow1 green0 procedural
Cited as authorityMacLeod (1992)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1778, 1989 Fla. App. LEXIS 4223, 1989 WL 82153
on the ground that the restitution statute, section
775.089, Florida Statutes, had been significantly changed
0 red0 yellow1 green0 procedural
Cited as authoritySmall (1991)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1998 WL 348511
discretion in the restitution order, we affirm. Section
775.089, Florida Statutes (1995), authorizes a trial
0 red0 yellow1 green0 procedural
Cited as authorityHunter (2006)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12901, 19 Fla. L. Weekly Fed. D 72
them the location where he can locate them.” Section
775.089, Florida Statutes (1991) requires a sentencing
0 red0 yellow1 green0 procedural
Cited as authorityMoore (1995)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2780, 1985 Fla. App. LEXIS 17295
03(l)(e), Florida Statutes (1983)1 *160and Section
775.089(2), Florida Statutes (1983).2 These provisions
0 red0 yellow1 green0 procedural
Cited as authorityMontalvo (1998)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 12185
substantial evidence to support the award.... Section
775.089 contemplates an evidentiary hearing when there
0 red0 yellow1 green0 procedural
Cited as authorityDagerath (2012)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 564, 1990 WL 6486
in order to support an order of restitution, §
775.089(1)(a), Fla. Stat. (1987), the order must be reversed
2 red0 yellow5 green1 procedural
Receded fromSW (2008)phrase: "receded from"
Receded fromS.W. (2008)phrase: "receded from"
CopyPublished | Florida 4th District Court of Appeal
relationship between the offense and the loss. §
775.089, Fla. Stat. (2020). As the state failed
CopyPublished | District Court of Appeal of Florida
proceedings after the court orders restitution, see §
775.089(6), Fla. Stat. (2016), but in a juvenile case
CopyPublished | Court of Appeals for the Eleventh Circuit
private attorney or collection agent); Fla. Stat. §
775.089(12)(a) (authorizing the court to enter an income
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 571, 1986 Fla. LEXIS 2781
be approved unless based on valid grounds. Section
775.089, Florida Statutes (1983), concerns restitution
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2216, 1986 Fla. App. LEXIS 10212
concerning restitution in effect at the time was section
775.089, Florida Statutes (1983). This court has consistently
CopyPublished | District Court of Appeal of Florida
been a party in the criminal action. Section
775.089(8), Florida Statutes, which is part of the
CopyPublished | District Court of Appeal of Florida | 1997 WL 683305
episode, we reverse the restitution order. Section
775.089(1)(a), Fla. Stat. (1995) states: [T]he court
CopyPublished | District Court of Appeal of Florida
amount of loss by a preponderance of the evidence. §
775.089(7)(c), Fla. Stat. (2021). The defendant relies
CopyPublished | District Court of Appeal of Florida
Appellant’s objections, the trial court, relying on section
775.089, Florida Statutes (2022), issued an order granting
CopyPublished | District Court of Appeal of Florida | 18 Fla. L. Weekly Fed. D 1167
restitution to the victim in the amount of $100.00. Section
775.089(l)(a), Florida Statutes, provides in part:
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1113, 1985 Fla. App. LEXIS 13807
appellant to pay $1,500 in restitution pursuant to section
775.089(1), Florida Statutes (1981), is stricken since
CopyPublished | District Court of Appeal of Florida
response to the offense or criminal episode. §
775.089(1)(c)1., Fla. Stat. (2022) (emphasis added). In
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 849, 1988 Fla. App. LEXIS 1323
the restitution statute applies to his case. §
775.089, Fla.Stat. (1983); Scurry v. State, 490 So.2d
CopyPublished | District Court of Appeal of Florida
victim and her children without complying with section
775.089, Florida Statutes (2022). We disagree with
CopyPublished | Florida 2nd District Court of Appeal
minimal indicia of reliability." See also §
775.089(7)(c), Fla. Stat. (2023). Here, the victim
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1442
court did err in imposing restitution under section
775.089, Florida Statutes (1983), without notice and
CopyPublished | District Court of Appeal of Florida | 1991 WL 105615
subject of restitution in criminal cases. Section
775.089(3)(a), Florida Statutes, in effect provides
CopyPublished | District Court of Appeal of Florida
been a party in the criminal action. Section
775.089(8), Florida Statutes, which is part of the
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 1583485
to the instant trespass charge. We agree. Section
775.089(1)(a)1 and 2, Florida Statutes (2002) authorizes
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7460, 17 Fla. L. Weekly Fed. D 1687
toward satisfaction of the restitution order. See §
775.089(ll)(b), Fla.Stat. (1989). The circuit court granted
CopyPublished | Supreme Court of Florida
certified to be of great public importance: DOES SECTION
775.089, FLORIDA STATUTES (2003), AUTHORIZE A RESTITUTION
CopyPublished | Florida 6th District Court of Appeal
that governs restitution in criminal cases is Section
775.089, Florida Statutes. 1 Defendant
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1748, 1987 Fla. App. LEXIS 9392
the court had not yet ordered restitution, section
775.089, Florida Statutes (1985), provides that the
CopyPublished | District Court of Appeal of Florida
relationship to the crime charged). Section
775.089(1)(a), Florida Statutes (2019), provides that
CopyPublished | Florida 3rd District Court of Appeal
on the language of the restitution statute, section
775.089(1)(c)1., Florida Statutes (2023) to characterize
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
of crime and length of incarceration. Compare §
775.089(6)(b), Fla. Stat. (2019) ("The criminal court
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 366
but one. Appellant argues that pursuant to section
775.089, Florida Statutes (2013), the trial court erred
CopyPublished | District Court of Appeal of Florida
but one. Appellant argues that pursuant to section
775.089, Florida Statutes (2013), the trial court
CopyPublished | District Court of Appeal of Florida
of the offense is on the state attorney. See §
775.089(7), Fla. Stat. (2019); Strickland v. State, 746
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 644, 1987 Fla. App. LEXIS 7010
DCA 1985), argues that the 1984 amendment to section
775.089, Florida Statutes, provides for restitution
CopyPublished | Florida 1st District Court of Appeal
CopyPublished | District Court of Appeal of Florida | 1989 WL 13139
the amount of the installments is excessive. Section
775.089(6), Florida Statutes (1987), authorizes a court
CopyPublished | District Court of Appeal of Florida
court finds a compelling reason not to do so. §
775.089(1)(a), Fla. Stat. (2020). In Livingston v. State
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Florida 3rd District Court of Appeal
7 Section
775.089, Florida Statutes (2024), governs restitution
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2711, 1985 Fla. App. LEXIS 17216
required before imposing restitution because section
775.089, Florida Statutes (Supp.1984), provides that
CopyPublished | Florida 5th District Court of Appeal
similarly to the adult restitution statute, section
775.089(1)(a), Florida Statutes (2017), which allows
CopyPublished | Florida 5th District Court of Appeal
similarly to the adult restitution statute, section
775.089(1)(a), Florida Statutes (2017), which allows
CopyPublished | District Court of Appeal of Florida
response to the offense or criminal episode. §
775.089(1)(c)1., Fla. Stat. (2019) (emphasis added).
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7775, 16 Fla. L. Weekly Fed. D 2107
denying Pingel’s motion correctly found that section
775.089(7), Florida Statutes (1987) places the burden
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 3303476
directly or indirectly by M.P.'s offense. See §
775.089(1)(a), Fla. Stat. (2009). There must be a significant
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2089, 1987 Fla. App. LEXIS 10042
on the ground that the restitution statute, section
775.089, Florida Statutes (1985), was enacted in 1977
CopyPublished | District Court of Appeal of Florida
similarly to the statute applicable to adults, section
775.089, Florida Statutes. See L.R.L. v. State, 9 So
CopyPublished | Florida 2nd District Court of Appeal
while criminal restitution is governed by section
775.089, Florida Statutes (2023). Compare
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 942291
of a restitution order under our statutes. See §
775.089(1)(c), Fla. Stat. (2006).[1],[2] This, in turn
CopyL.W. v. State (Fla. Dist. Ct. App. 2015).
Published | District Court of Appeal of Florida
at the time the restitution order is imposed. §
775.089(6)(b), Fla. Stat. (2014); Del Valle v. State,
CopyPublished | Florida 5th District Court of Appeal
proven by a preponderance of the evidence. See §
775.089(7), Fla. Stat. (2016); Santana v. State, 795
CopyPublished | District Court of Appeal of Florida
have been, had the crime not been committed. See §
775.089, Fla. Stat. (2015). This is accomplished by requiring
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 954878
responsible for restitution for that item. See §
775.089(1)(a)(1), Fla. Stat. (2003); Chapman v. State
CopyPublished | District Court of Appeal of Florida | 1999 WL 236185
that no additional damages were incurred. Section
775.089 requires restitution for all direct and indirect
0 red0 yellow0 green1 procedural
CopyPublished | District Court of Appeal of Florida
related to the defendant’s criminal episode. §
775.089(1)(a), Fla. Stat. The State has the burden of
