CopyCited 33 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783
...(2011)); (2) when the State or the victim attempts to enforce the restitution order (§
775.089(5), (6)(b), Fla. Stat.); and (3) if the defendant is placed on probation, when the trial court considers revoking probation based on the defendant's failure to pay restitution as ordered (§§
948.032,
948.06(5), Fla....
...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. Stat. (2011). If the defendant fails to comply with the order, the court may revoke probation. Id. The probationer's financial resources are considered when the trial court is determining whether to revoke probation. Significantly, section
948.032, Florida Statutes, provides: "In determining whether to revoke probation, the court shall consider the defendant's employment status, earning ability, and financial resources; the willfulness of the defendant's failure to pay; and any...
...The problem with section
948.06(5) is not what is in the statute, but rather what is not. Section
948.06(5) can be reconciled with Stephens and Bearden by simply reading into the statute the recognized element that there must be evidence presented of willfulness and construing it in pari materia with section
948.032, Florida Statutes (2011), which requires the trial court, when revoking probation, to consider the probationer's employment status, earning ability, financial resources, willfulness of failure to pay, and any other special circumstances that may have a bearing on the probationer's ability to pay....
...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. See §
948.032, Fla....
...Only when a trial court has placed a defendant on probation, and that defendant faces revocation due to an alleged failure to adhere to a restitution order, will that defendant endure the burden of a clear and convincing standard to establish an inability to pay. See §§ 948.032, .06....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 81553
...ermines that reasons exist to the contrary. If the court does not order restitution, or orders only partial restitution, it shall state on the record the reasons therefor. The intent of Section
948.03(1)(e), Florida Statutes, is further explained in Section
948.032, Florida Statutes, enacted in 1984, follows:
948.032 Condition of probation; restitution....
...Nothing in the statutory provisions relating to restitution, as amended in 1984, "reflect[s] clear legislative mandate for imposition of restitution as a part of a sentence," as stated in the majority opinion at page 1350. Sections
775.089,
948.03,
948.032, and
921.187, Florida Statutes (1985), cited in the court opinion, leave the imposition of restitution as part of a criminal sentence to the discretion of the trial judge and only require that if full restitution is not ordered, the trial judge shall state on the record the reasons for not doing so....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 15004
...nly for consideration of the defendant's "employment status, earning ability, and financial resources; the willfulness of the defendant's failure to pay; and any other special circumstances that may have a bearing on the defendant's ability to pay." Section 948.032, Fla. Stat. (emphasis supplied). We therefore reverse the order revoking probation, and remand for the trial court to redetermine appellant's ability to pay restitution, according to section 948.032, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2061259
...nonpayment of restitution was used as a basis for an increase in the sentence. We also understand that restitution can be a condition of probation and willful nonpayment of restitution can be a violation of probation that warrants incarceration. See § 948.032, Fla....
CopyPublished | Florida 4th District Court of Appeal
...s that
do not require striking. Condition 7 is a general condition of probation,
because section
948.03(1)(f), Florida Statutes (2021), lists restitution as a
general condition not requiring an oral pronouncement. §
948.03(1)(f),
Fla. Stat. (2021); §
948.032, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1991 WL 105615
...Also a new guidelines scoresheet was prepared as to the two offenses involved in the violation of probation hearing. The original guidelines scoresheet should have been used with a one cell bump-up for the violation of probation. [2] Rule 3.701 d.1.; Foster v. State,
576 So.2d 937 (Fla. 5th DCA 1991). [3] See also section
948.032, Florida Statutes, which provides that if a defendant is placed on probation, any restitution ordered under section
775.089 shall be a condition of such probation and probation may be revoked if the defendant fails to comply with such...
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 8637, 1992 WL 191296
...available in a civil action. Although the defendant's ability to pay may also be a consideration, a solvent, gainfully-employed defendant who fails to pay restitution may have his probation revoked and be incarcerated for his violation of probation. § 948.032, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2016 WL 1386531, 2016 Fla. App. LEXIS 5408
...In making the determination
of willfulness, the trial court must consider the probationer's employment status, earning
ability, financial resources, the willfulness of the failure to pay, and any other special
circumstances that may have a bearing on the probationer's ability to pay. Id. at 1013;
see also § 948.032, Fla....
