COREY BOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the restitution amount but remanded for the trial court to establish a payment schedule, striking the delegation of payment direction to a probation officer.
Appellant was ordered to pay restitution as a condition of probation. The trial court delegated the responsibility of directing payment to the probati…
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ERVIN, Judge.
The amount of restitution imposed upon appellant as a condition of his probation is affirmed as a proper exercise of discretion. Spivey v. State, 531 So. 2d 965 (Fla.1988); Butts v. State, 575 So. 2d 1379 (Fla. 5th DCA 1991); Nordgren v. State, 538 So. 2d 552 (Fla. 4th DCA 1989).
The trial court incorrectly attempted, however, to delegate to appellant’s probation officer the responsibility of directing the payment of restitution. Such direction is ineffectual and must be struck. Smith v. State, 589 So. 2d 387, 388 (Fla. 1st DCA 1991). The sentence must therefore be remanded to allow the trial court to adopt a payment schedule pursuant to Section 775.-089(3), Florida Statutes (1989),1 and in doing so, it may solicit recommendations from appellant’s probation officer. Smith.
AFFIRMED in part and REMANDED in part for further proceedings.
SMITH and ALLEN, JJ., concur. . The trial court is not required to establish a payment schedule, and if no schedule is established, "restitution must be made immediately.” Section 775.089(3)(c), Fla.Stat. (1989).
Cases With Similar Vibessemantic neighbors from the corpus
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Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993)…is a judicial responsibility, rather than a supervisory function proper for administration by a probation officer. Jordan v. State, 610 So. 2d 616, 618 (Fla. 1st DCA 1992); White v. State, 606 So. 2d 1265, 1266 (Fla. 1st DCA 1992); Bowers v. State, 596 So. 2d 480, 481 (Fla. 1st DCA 1992). In other words, “[probation may be revoked only when a probationer violates a condition imposed by the court, not a probation officer.” Jordan, 610 So. 2d at 618. The record reflects that appellant was placed on probation…
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Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992)…vise payment of the costs is a reasonable delegation of discretion, this court has held in an analogous context that a trial court may not delegate the responsibility of directing the payment of restitution to the probation officer. Bowers v. State, 596 So. 2d 480 (Fla. 1st DCA1992). Instead, the court must either adopt a payment schedule pursuant to the restitution provision, Section 775.089(3), Florida Statutes (1989), or order the defendant to pay restitution immediately. Id. at 481. The provision in secti…
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Tilden Lee Fichera v. State, 688 So. 2d 453 (Fla. 1st DCA 1997)…agree, however, that the trial court improperly delegated to Fiehera’s probation officer the responsibility for creating a schedule of payments consistent with his ability to pay. Briggs v. State, 647 So. 2d 182 (Fla. 1st DCA 1994); Bowers v. State, 596 So. 2d 480 (Fla. 1st DCA 1992); Smith v. State, 589 So. 2d 387 (Fla. 1st DCA 1991). The restitution order must be remanded with directions to strike this language. On remand, if the trial court determines that payment of restitution in installments is appropri…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spivey v. State, 531 So. 2d 965 (Fla. 1988)
- Butts v. State, 575 So. 2d 1379 (Fla. 5th DCA 1991)
- Smith v. State, 589 So. 2d 387 (Fla. 1st DCA 1991)
- Nordgren v. State, 538 So. 2d 552 (Fla. 4th DCA 1989)