Florida/Georgia Personal Injury & Workers Compensation

...NOTES [1] The statute concerning powers of disposition in juvenile delinquency cases which was in effect at the time of T.J.N.'s offenses provides that a trial court may "order the child to make restitution . . . for any damage or loss caused by the child's offense." § 985.231(1)(a)(6), Fla. Stat. (2005); cf. § 985.437(2), Fla....

...95-160, § 1, at 1623, Laws of Fla. The juvenile statute, however, continues to provide that restitution "may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make." § 985.231(1)(a)(1)(a), Fla. Stat. (2005); see also § 985.437(2), Fla....

...The court expressly relied upon the lower figure in setting the restitution amount and payment schedule. [3] Section 985.231(1)(a)(6) was the statute in effect at the time J.A.B. committed her offense, but the statute has since been repealed. A similar provision now appears in section 985.437(2), Florida Statutes (2007), which became effective January 1, 2007....

...For the victim, this will reduce the amount he is to receive in restitution to $1,000, or his deductible. For the insurance company, this will reduce its award by the $2,500 which it paid to the victim for these two items. The juveniles also argue that the court did not comply with section 985.437(2), Florida Statutes, when it failed to make any findings that the juveniles had the ability to pay the restitution amount....

...No other evidence of the respective circumstances of the juveniles was presented at the restitution hearing. Neither the order of disposition nor the restitution order provided any-finding that the children and their parents could reasonably be expected to repay the amounts ordered. 2 Section 985.437(2) 3 , Florida Statutes, provides that in the context of juvenile delinquency proceedings, “When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reas...

...r). These findings are absent from the court’s orders in this case. In accordance with the foregoing authorities, we reverse for a hearing in which both juveniles’ ability to pay is determined. The juveniles did not raise the non-compliance with section 985.437(2) until they filed post-disposition motions pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), the juvenile rule equivalent to Florida Rule of Criminal Procedure 3.800(b)(2)....

...The previous version of this statute was located in section 985.231. .That statute also refers to the parents’ ability to pay. Because the trial court has not imposed any restitution requirements on the parents, such as cosigning a note as set forth in section 985.437(2), the trial court need not consider the parents’ ability....

...In all other respects, the disposition and sentence are affirmed. *544 Affirmed in part, reversed in part, and remanded for further proceedings. WHATLEY and KELLY, JJ., Concur. NOTES [1] Section 985.231(1)(a)(1)(a), Florida Statutes (2003), has been amended and transferred to section 985.437, Florida Statutes (2006)....

...He argued then, as he does on appeal, that the State failed to offer any evidence connecting him to the loss of these items. We agree. The statute applicable to juveniles provides that a child may be ordered to pay restitution “for any damage or loss caused by the child’s offense.” § 985.437(2), Fla....

amount or manner to be determined by the court." § 985.437(2), Fla. Stat. (2016). When the trial court orders

...95-160, § 1, at 1623, Laws of Fla. The juvenile statute, however, continues to provide that restitution “may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” § 985.231(1)(a)(1)(a), Fla. Stat. (2005); see also § 985.437(2), Fla....

...The court expressly relied upon the lower figure in setting the restitution amount and payment schedule. . Section 985.231 (l)(a)(6) was the statute in effect at the time J.A.B. committed her offense, but the statute has since been repealed. A similar provision now appears in section 985.437(2), Florida Statutes (2007), which became effective January 1, 2007....

...In all other respects, the disposition and sentence are affirmed. *544 Affirmed in part, reversed in part, and remanded for further proceedings. WHATLEY and KELLY, JJ., Concur. . Section 985.231(1)(a)(1)(a), Florida Statutes (2003), has been amended and transferred to section 985.437, Florida Statutes (2006)....

...or guardian could reasonably be expected to pay or make.” § 985.231(l)(a)(l)(a) (2005) (emphasis added). Nearly identical language was contained in the juvenile restitution statute in existence at the time of J.A.M.’s offense. 2 *558 Likewise, section 985.437(2), Florida Statutes (2009), provides in pertinent part: “When restitution is ordered by the court, the amount of restitution may not exceed, an amount the child and, the parent or guardian covld reasonably be expected to pay or make.” (emphasis added)....

...The court may order the child to “make restitution in money, through a promissory note cosigned by a 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.” § 985.231(l)(a)(6), Fla. Stat. (2005); see also § 985.437(2), Fla....

...nt with the statute’s requirement that the amount of restitution ordered is an amount that “the child and the parent or guardian could reasonably be expected to pay or make.” § 985.231(l)(a)(l)(a), Fla. Stat. (2005) (emphasis added); see also § 985.437(2), Fla....

...The language of the operative provision has changed slightly since the 1990 statute at issue in J.A.M. The 2005 statute at issue in the instant case and the current 2009 statute both provide that the "the amount of restitution may not exceed,” § 985.231(1)(a)(1)(a), Fla. Stat. (2005) (emphasis added); § 985.437(2), Fla....

...sections 985.231, Florida Statutes (2005), and 985.435, Florida Statutes (2009), also do not affect this analysis. . Section 985.231, which was in effect at the time J.A.B. committed the battery, has been amended and renumbered as sections 985.435, 985.437, 985.445, 985.45, 985.455, 985.475, and 985.513....

...t or guardian could reasonably be expected to pay or make. " § 985.231(1)(a)(1)(a) (2005) (emphasis added). Nearly identical language was contained in the juvenile restitution statute in existence at the time of J.A.M.'s offense. [2] *558 Likewise, section 985.437(2), Florida Statutes (2009), provides in pertinent part: "When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make....

...The court may order the child to "make restitution in money, through a promissory note cosigned by a 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." § 985.231(1)(a)(6), Fla. Stat. (2005); see also § 985.437(2), Fla....

...nsistent with the statute's requirement that the amount of restitution ordered is an amount that "the child and the parent or guardian could reasonably be expected to pay or make." § 985.231(1)(a)(1)(a), Fla. Stat. (2005) (emphasis added); see also § 985.437(2), Fla....

...[3] The language of the operative provision has changed slightly since the 1990 statute at issue in J.A.M. The 2005 statute at issue in the instant case and the current 2009 statute both provide that the "the amount of restitution may not exceed," § 985.231(1)(a)(1)(a), Fla. Stat. (2005) (emphasis added); § 985.437(2), Fla....

...ections 985.231, Florida Statutes (2005), and 985.435, Florida Statutes (2009), also do not affect this analysis. [4] Section 985.231, which was in effect at the time J.A.B. committed the battery, has been amended and renumbered as sections 985.435, 985.437, 985.445, 985.45, 985.455, 985.475, and 985.513....

...State, 955 So.2d 1163 (Fla. 1st DCA 2007). In addition, the record contains no determination by the trial court that the restitution amount did "not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make." § 985.437(2), Fla....

...e burglary, while- Ms. Hudson explained the company’s pricing procedures and testified that the total bill for the window replacement was $321.61. The trial court ordered that L.W. pay $321.61 in restitution in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window had been broken during the course of the burglary and made the restitution a condition of L.W.’s probation....

...Indeed, L.W.’s defense counsel seemed to recognize the futility of this argument when she withdrew her objection to holding the restitution hearing without L.W. present on that date. L.W.’s second point of contention, however, does have merit. Subsection 985.437(2) of the Florida Statutes states: The court may order the child to make restitution in money, through a promissory note cosigned by the child’s parent *601 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. When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardián could reasonably be expected to pay or make. § 985.437(2), Fla. Stat. (2014) (emphasis added). The cases discussing and interpreting section 985.437 universally require the trial court to make a factual finding that the child and/or his parent or guardian could reasonably be expected to pay the amount of the loss at the time the restitution is imposed, not merely when the court is...

...He argued then, as he does on appeal, that the State failed to offer any evidence connecting him to the loss of these items. We agree. The statute applicable to juveniles provides that a child may be ordered to pay restitution "for any damage or loss caused by the child's offense." § 985.437(2), Fla....

...timely appeals. II. Analysis The court may order a delinquent child to pay restitution "for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court." § 985.437(2), Fla....

...Reasonable Expectation to Pay or Make We also reverse the written restitution judgment because, as M.P. correctly argues, the trial court failed to make any findings concerning what M.P. or his parent(s) or guardian(s) could reasonably be expected to pay or make. See § 985.437(2); K.T.M v....

...Stat. (2016), but in a juvenile case, the court must determine before ordering restitution what the delinquent child or his or her parent(s) or guardian(s) can be reasonably expected to -7- both pay and make, see § 985.437(2); L.W. v. State, 163 So. 3d 598, 601 (Fla. 3d DCA 2015) ("The cases discussing and interpreting section 985.437 universally require the trial court to make a factual finding that the child and/or his parent or guardian could reasonably be expected to pay the amount of the loss at the time the restitution is imposed, not merely when the court...

...entiary burden necessary to -8- support a finding in a juvenile restitution proceeding that, as noted above, the criminal statute does not require be made in the criminal restitution proceeding. See § 985.437(2); L.W., 163 So....

...waived his presence at the restitution hearing. However, there was no sworn evidence about C.Y.’s absence or of an intent to flee the jurisdiction. 1 *1237 We also note the absence of findings concerning the juvenile’s ability to earn and to pay. Section 985.437(2), Florida Statutes, provides that the amount of restitution in a juvenile case “may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” K.T.M....

...waived his presence at the restitution hearing. However, there was no sworn evidence about C.Y.'s absence or of an intent to flee the jurisdiction. [1] *1237 We also note the absence of findings concerning the juvenile's ability to earn and to pay. Section 985.437(2), Florida Statutes, provides that the amount of restitution in a juvenile case "may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make." K.T.M....

...Appellant also challenges the award of restitution for the value of personal property removed from the stolen vehicle. The record before us fails to establish that Appellant’s crime was the cause of this loss. See L.R.L. v. State, 9 So.3d 714, 715 (Fla. 2d DCA 2009) (quoting § 985.437(2), Fla....

...may order the child to pay restitution “in a reasonable amount or manner to be determined by the court. When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” § 985.437(2), Fla....

...We reverse the restitution order because the court did not make a finding that B.W. could reasonably be expected to pay the restitution amount. On remand, before ordering an amount of restitution, the court shall make findings about B.W.’s ability to pay. See S.S., 122 So. 3d at 504; § 985.437(2), Fla....

...The statute concerning powers of disposition in juvenile delinquency cases which was in effect at the time of T.J.N.'s offenses provides that a trial court may “order the child to make restitution ... for any damage or loss caused by the child's offense.” § 985.231(l)(a)(6), Fla. Stat. (2005); cf. § 985.437(2), Fla....

...But where the only issue presented is a question of law, the standard of review is de novo. Id. When a juvenile offender commits a criminal offense, Florida law requires that restitution be made to compensate victims for losses and to serve systemic rehabilitation and deterrence goals. § 985.437(2)(a), Fla. Stat. In a delinquency proceeding, “[t]he court may order the child to make restitution . . . for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court.” § 985.437(2)(b), Fla....

...determined on a fair market value basis unless the state, victim, or child shows that using another basis, including, but not limited to, replacement cost, purchase price less depreciation, or actual cost of repair, is equitable and better furthers the purposes of restitution.” § 985.437(2)(b), Fla....

...on cancelled appointments to the unlicensed victim. And we, too, agree that the expected income from the victim’s illicit cosmetology appointments cannot serve as the basis for establishing a fair market value-based restitution award for lost wages under § 985.437(2)(b)....

...We reverse in part because some of the items in the restitution order were not properly included. The victim testified that the lock was broken and she had already bought a repair kit when the crime was committed. The broken lock cannot then be causally connected or significantly related to the defendant’s offense. § 985.437(2), Fla....

...We reverse in part because some of the items in the restitution order were not properly included. The victim testified that the lock was broken and she had already bought a repair kit when the crime was committed. The broken lock cannot then be causally connected or significantly related to the defendant's offense. § 985.437(2), Fla....

...We conclude that the order can be reviewed by a petition for writ of certiorari; the record and briefing in this case are sufficient to permit that remedy. A trial court is authorized to enter an order of restitution for “an adjudicated delinquent child.” § 985.437, Fla....

...3d 1232, 1234 (Fla. 2d DCA 2020) (citing Gilileo v. 2 State, 923 So. 2d 612, 614 (Fla. 2d DCA 2006)). "Restitution must be proved by substantial competent evidence." Id. (quoting Gilileo, 923 So. 3d at 614). Section 985.437(2)(b), Florida Statutes (2023), allows the consideration of hearsay evidence in determining restitution, provided the court "finds that the hearsay evidence has a minimal indicia of reliability." See also § 775.089(7)(c), Fla....

...pairs had diminished that value by approximately ten percent. While the juvenile court could consider hearsay evidence in determining the value of the truck, the victim's hearsay testimony here failed to meet the minimal indicia of reliability section 985.437(2)(b) requires....

...on). We note that the victim testified as to the condition of the stolen items. We affirm on this issue. Finally, J.R. argues that the trial court erred in failing to address how much J.R. could reasonably be expected to earn to pay restitution. See § 985.437(2), Fla....

...We note that the victim testified as to the condition of the stolen items. We affirm on this issue. Finally, J.R. argues that the trial court erred in failing to address how much J.R. could reasonably be expected to earn to pay restitution. See § 985.437(2), Fla. Stat....

...3d 714, 715 (Fla. 2d DCA 2009). However, unlike in adult criminal cases, restitution awards involving juvenile defendants are discretionary. See id. Juveniles may be ordered to pay restitution “for any damage or loss caused by the child’s offense.” § 985.437(2), Fla....

...pay restitution “in a reasonable amount or manner to be determined by the court. . . . When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” § 985.437(2)(b)–(c), Fla. Stat....

...restitution hearing. On remand, and before ordering restitution, if any, the court shall make findings about the Child’s and the parent or guardian’s ability to pay. See B.W. v. State, 307 So. 3d 31 (Fla. 4th DCA 2020); S.S., 122 So. 3d at 504; § 985.437(2), Fla....

PER CURIAM. B.H. appeals the trial court’s restitution order requiring her to satisfy two obligations totaling in excess of $125,000. B.H. asserts that the trial court committed two errors. First, the trial court failed to comply with section 985.437(2), Florida Statutes (2006), by not determining a restitution amount that the child could reasonably be expected to pay....

...for Appellee. PER CURIAM. B.H. appeals the trial court's restitution order requiring her to satisfy two obligations totaling in excess of $125,000. B.H. asserts that the trial court committed two errors. First, the trial court failed to comply with section 985.437(2), Florida Statutes (2006), by not determining a restitution amount that the child could reasonably be expected to pay....

...it theft conviction. We affirm the restitution order because “the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence,” and not beyond a reasonable doubt. § 775.089(7), Fla. Stat. (2014); see § 985.437, Fla. Stat. (2014); A.G. v. State, 718 So. 2d 854, 855 (Fla. 4th DCA 1998) (stating that restitution in a juvenile proceeding under section 39.054(1)(f), Florida Statutes (1995), the predecessor to current section 985.437, “is treated the same as restitution in adult proceedings under section 775.089”)....

...State, 955 So.2d 1163 (Fla. 1st DCA 2007). In addition, the record contains no determination by the trial court that the restitution amount did “not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” § 985.437(2), Fla....

...Lilly testified that the thumb drive was never returned, so he purchased a Lifelock membership for the employees to protect their personal information, and the total cost of the memberships was $3430.83. 2 A trial court may order a juvenile to pay restitution pursuant to section 985.437(2), Florida Statutes (2015), “for any damage* or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court.” The damage or loss at issue in this case was the loss of the thumb drive....

conveyance, and the damages actually sustained. Section 985.437(2), Florida Statutes (2017), provides that

conveyance, and the damages actually sustained. Section 985.437(2), Florida Statutes (2017), provides that

fairly consistent in the interpretation of section 985.437, Florida Statutes (2011), as requiring an ability-to-pay

...awarding restitution where the state failed to prove that the victim’s loss was caused by E.J.A.’s criminal act or related to her criminal episode. We agree. Trial courts may impose restitution in juvenile cases “for any damage or loss caused by the child’s offense.” § 985.437(2), Fla....

...2d 857, 859 (Fla. 2d DCA 2007)). The amount of restitution ordered must be supported by substantial competent evidence. Bellot, 964 So. 2d at 859; see also Leatherwood v. State, 108 So. 3d 1154, 1155 (Fla. 5th DCA 2013). Juvenile restitution is governed by section 985.437, Florida Statutes (2023), while criminal restitution is governed by section 775.089, Florida Statutes (2023). Compare 2 § 985.437(1) ("The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing, order the child to make r...

...e court must determine before ordering restitution what the delinquent child or his or her parent(s) or guardian(s) can be reasonably expected to both pay and make." M.P. v. State, 256 So. 3d 231, 236 (Fla. 2d DCA 2018) (citations omitted); see also § 985.437(2)(c) ("When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.")....

...burglary, while Ms. Hudson explained the company’s pricing procedures and testified that the total bill for the window replacement was $321.61. The trial court ordered that L.W. pay $321.61 in restitution in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window had been broken during the course of the burglary and made the restitution a condition of L.W.’s probation. Although L.W.’s counsel suggested that the trial court conduct a hear...

...present on that date. 1Florida Rule of Juvenile Procedure 8.135 is the juvenile equivalent of Florida Rule of Criminal Procedure 3.800. 4  L.W.’s second point of contention, however, does have merit. Subsection 985.437(2) of the Florida Statutes states: The court may order the child 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 c...

...e amount or manner to be determined by the court. When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make. § 985.437(2), Fla. Stat. (2014) (emphasis added). The cases discussing and interpreting section 985.437 universally require the trial court to make a factual finding that the child and/or his parent or guardian could reasonably be expected to pay the amount of the loss at the time the restitution is imposed, not merely when the court...