LAS PERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
Las Perry appeals from the trial court’s judgment in which he was adjudged guilty of failure to redeliver a hired vehicle and grand theft. He was placed on probation and ordered to make restitution to Bonita Beach Rental, Inc., at a rate equal to $75.00 per month for each month that he failed to return the leased automobile. The judgment states that “the exact amount [of restitution is] to be determined at a later date.” We affirm Perry’s conviction and sentence but vacate the trial court’s restitution order. Although the total sum to be paid Bonita Beach Rental is arithmetically ascertainable, the trial court did not undertake that task. Rather, it appears from the record that that responsibility was delegated to a nonjudicial officer, a practice we have rejected. Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987). The function of determining the amount of restitution and requiring its payment rests solely with the trial court. Williams v. State, 507 So. 2d 1171 (Fla. 2d DCA 1987).
Accordingly, we reverse the restitution order and remand with an instruction that the trial court compute the precise sum to be paid Bonita Beach Rental.
CAMPBELL, A.C.J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
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Verne Albert Doner v. State, 515 So. 2d 1368 (Fla. 2d DCA 1987)…termination of the amount of restitution he was to pay one of his victims. We agree with Doner. We have repeatedly said that the task of determining the amount of restitution rests solely with the trial court and cannot be delegated. Perry v. State, 513 So. 2d 254 (Fla. 2d DCA 1987); Mansell v. State, 498 So. 2d 604 (Fla. 2d DCA 1986). On remand, the trial court should determine this amount. Accordingly, we affirm Doner’s convictions, but we vacate his sentence and remand for resentencing in accordance with…
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State Farm Mut. Auto. Ins. Co. v. Kendrick, 780 So. 2d 231 (Fla. 3d DCA 2001)…al function”); Ashe v. State, 582 So. 2d 759 (Fla. 1st DCA 1991) (trial court improperly delegated judicial functions by allowing probation officer to set restitution payment schedule and to determine amount of restitution); see also Perry v. State, 513 So. 2d 254 (Fla. 2d DCA 1987). Here, the proper procedure is for the trial court to examine the disputed documents in-camera and remove those documents which fall into the privileged category. See Fortune v. Greene, 775 So. 2d 338 (Fla. 2nd DCA 2000); United…
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Snyder v. State, 597 So. 2d 384 (Fla. 2d DCA 1992)…er to establish the amount of restitution, the amount of restitution must be determined by the trial court, and the trial court cannot delegate this duty to a probation officer. See Nathan v. State, 520 So. 2d 317 (Fla. 2d DCA 1988); Perry v. State, 513 So. 2d 254 (Fla. 2d DCA 1987). The state argues that the issue of restitution is moot because the trial court revoked Snyder’s probation and the trial court did not order Snyder to pay restitution in the sentence. We conclude, however, that the statutes requi…
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- Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)
- Williams v. State, 507 So. 2d 1171 (Fla. 2d DCA 1987)