Boss v. State
| Decision Date | 22 January 1993 |
| Docket Number | No. 92-1045,92-1045 |
| Citation | 613 So.2d 525 |
| Parties | 18 Fla. L. Week. D345 Robert W. BOSS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.
The issue posed by this appeal is whether the trial court could properly order the payment of immediate 1 restitution from an indigent defendant who has no immediate ability to pay. The answer is no. See Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988).
Based on the defendant's potential future financial resources, the trial court could have required such restitution within a specified period or in specified installments. See Sec. 775.089(3)(a), Fla.Stat. (1991). Only the trial court, not the probation officer, can set up a payment schedule. See Sec. 775.089(3)(c). This authority cannot be delegated to a probation officer. Ashe v. State, 582 So.2d 759 (Fla. 1st DCA1991).
REVERSED and REMANDED for establishment by the trial court of a later specified payment date or an installment payment schedule.
1 Section 775.089(3)(c) provides that restitution orders, unless otherwise provided by the court, are payable immediately.
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A.J. v. State
...Department of Juvenile Justice or other community control officers. G.A.Z. v. State, 657 So.2d 1244 (Fla. 2d DCA 1995); Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993); Strickland v. State, 610 So.2d 705, 706 (Fla. 4th DCA AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WARNER, J., and GR......
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Therrien v. State, 92-2946
...to pay restitution, it should be modified, stayed or tolled. Armstrong v. State, 620 So.2d 1120 (Fla. 5th DCA 1993); Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993); The facts in this case are not in dispute. Therrien testified that she is employed as a waitress at Spring Garden Ranch, whe......
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Edwards v. State, 5D03-3453.
...improper for a court to order the immediate payment of restitution from a defendant who has no immediate ability to pay. Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993). Accordingly, the trial court's order is reversed and remanded with instructions to reinstate Edwards' probation and esta......