CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...In doing so, it added a sentence to the section authorizing the Commission to impose the following additional parole condition: "In addition to any other lawful condition of parole, the commission may make the payment of the debt due and owing to the state under § 960.17 or the payment of the attorney’s fees and costs due and owing to a county under § 27.56 a condition of parole, subject to modification based on change of circumstances.” Fla.Stat.Ann....
CopyCited 8 times | Published | Supreme Court of Florida
...with Section 960.25. [2] In a single order, the trial court denied the state's motions in both cases, ruling that "the method of determining the award ... under Section
960.13 is a denial of equal protection and due process," [3] that "Section *877
960.17 violates Sections 9, 11 and 22 of Article I of the Constitution of the State of Florida," [4] and that there is no rational way to distinguish Sections 960.20 and 960.25 of the Act from a provision in the Florida Insurance and Tort Reform Act which this Court held to be unconstitutional in State v....
...e eligible for benefits, and that they penalize persons convicted of non-violent, victimless crimes in order to remunerate losses caused solely by violent criminals. Appellees concede that they do not have standing to attack the constitutionality of Section 960.17....
...r uncontested or not properly before us. First, since the offenses committed by appellees cannot be the basis for any victim compensation award under Section
960.13, and since neither Champe nor Wright is subject to the reimbursement requirements of Section
960.17, we decline to address the constitutionality of those provisions (except insofar as they depend on the severability issue later discussed)....
...be denied when no "serious financial hardship" is occasioned by the loss of earnings or expenses, and establishes a test of partial or total dependency; and subsection (8) states that "[n]o claimant shall receive an award in excess of $10,000." [4] Section 960.17 essentially makes the claimant's compensation award a debt owed to the state by the person convicted of committing the injurious offense, and it permits the appropriate authorities to require the repayment of the debt as a condition of probation or parole....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 447299
...Appellant was ordered to pay restitution in the amount of $2,876 "to be dispersed to the Crimes Compensation Trust Fund at a rate to be determined by your Probation Officer through the Florida Department of Corrections." At the sentencing hearing, the prosecutor sought restitution on the basis of section 960.17....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1127741
...The prosecutor volunteered the document reflecting the amount the Fund had paid, and the trial court then stated it would not require a hearing. The legislature has provided for assistance to crime victims, and in doing so, created the Crimes Compensation Trust Fund. See §
960.21, Fla. Stat. (1997). Section
960.17, Florida Statutes (1997), provides that any payment of benefits to a victim under chapter 960 "shall create an obligation of restitution in accordance with s....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 689779
...Kirk contends on appeal that the trial court erred in awarding restitution because the document alone was not sufficient to support the award. The State responds that no error has been shown because payment of restitution to the Bureau of Victim Compensation is specifically authorized by section
960.17(1), Florida Statutes (2003), and the documentation provided by the State to prove the amount of restitution was admissible as a self-authenticating public record under sections
90.803(8) and
90.902(1), Florida Statutes....
...The trial court did not err in admitting the documents to determine the amount of restitution. [1] AFFIRMED. THOMPSON and PLEUS, JJ., concur. NOTES [1] Kirk also argues that the Division is not entitled to restitution because it does not qualify as a "victim." Section 960.17(1), Florida Statutes (2003), which governs victim assistance by the Department of Legal Affairs/Office of the Attorney General, provides: Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter create...
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 12331, 1996 WL 670559
PER CURIAM. We affirm the trial court’s orders of restitution that require appellant to pay the victim’s family for out-of-pocket expenses and *1233 reimbursement to the Florida Crimes Compensation Fund. See § 960.17, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 640
court erred in making an assessment pursuant to section
960.17, Florida Statutes (1983). Since the appellant
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 7713, 2004 WL 1196080
...hich contains the provisions related to the Crimes Compensation Trust Fund, required it automatically to award the restitution sought by the Fund. But the court was concerned that its interpretation of the statute might present due process problems. Section 960.17(1) provides: Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have committed such criminal act....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15948
costs of supervision and rehabilitation); and Section 960.-17, Florida Statutes (1977) (award of victim compensation
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1754, 2016 WL 540650
..."shall consist of all moneys appropriated by the Legislature for the purpose of
compensating the victims of crime and other claimants under this act[] and of moneys
recovered on behalf of the department" through various means, including restitution. §
960.21(1), (2). Section
960.17(1) provides that "[a]ny payment of benefits to, or on
behalf of, a victim or other claimant under this chapter creates a debt due and owing to
the state [and] shall create an obligation of restitution in accordance with [section]
77...
