HOWARD MCLAIN, APPELLANT,

v.

PALM BEACH COUNTY, A POLITICAL SUBDIVISION IN THE STATE OF FLORIDA, AND PALM BEACH COUNTY ENVIRONMENTAL CONTROL HEARING BOARD, APPELLEES

Citator

Cited By

• Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991)
  …titution unless reasons exist not to do so. Grice v. State, 528 So. 2d 1347 (Fla. 1st DCA 1988) (sentence not including restitution or reasons for failing to impose it is incomplete and may be modified by the trial court). See also Gilmore v. State, 479 So. 2d 791, 792 (Fla. 2d DCA 1985). Dailey has begun to serve his sentence. Therefore, while the court can impose restitution to make his sentence legally complete, it cannot now add a probationary term to his original sentence. See Bickowski v. State, 530 So.…
• Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987)
  …lure 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.- [*699] 089 considerably changed the method of ordering restitution. Prior to that amendment, an order of restitution was discretionary; after the amendment, it became mandatory unless the court…
• Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986)
  …o. “Hence, defendants such as appellant are now on notice that restitution will be considered as a part of every sentencing, and there is no longer any need for advance notice to be given concerning the possibility of restitution.” Gilmore v. State, 479 So. 2d 791 (Fla.2d DCA 1985). The court did err, however, when it imposed the following condition of probation: “You will pay restitution to Randy Hodge for all expenses incurred in order to secure psychological treatment for victim. ... These payments will…

Authorities Cited

• City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)