JOSEPH G. DIXON, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Dixon appealed a restitution order entered following his negotiated plea to grand theft and violation of probation. The court affirmed the trial court's decision to base restitution on replacement cost rather than fair market value of stolen stereo equipment, holding that trial courts have discretion to consider various factors in determining restitution amounts.
The trial court properly exercised its discretion in ordering restitution based on replacement cost. Florida law permits trial courts to consider various factors beyond fair market value when determining restitution amounts, and where an insurance policy provides coverage based on replacement cost, the trial court may appropriately base the restitution order on that measure of loss.
[1] A trial court may order restitution based on the replacement cost of stolen property, rather than its fair market value, when the victim's insurance policy covers replace…
[2] A trial court has discretion to determine the amount of restitution, considering the amount of loss sustained by the victim and any other appropriate factors.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court must exercise discretion in determining the amount of restitution and, in doing so, the trial court may consider any factors which it deems appropriate”
Establishes that trial courts have broad discretion in restitution determinations, not limited to fair market value
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Join FLexlaw to unlock all legal intelligenceDixon admitted to entering an open garage and stealing stereo equipment, a rifle, and an alpine alarm. The rifle and alarm were recovered. An insuranc…
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DIAMANTIS, Judge.
Appellant Joseph Glenn Dixon appeals his sentence, challenging the propriety of an order of restitution entered pursuant to a negotiated plea of nolo contendere to the charges of grand theft and violation of probation. We affirm. At the restitution hearing appellant admitted that he entered an open garage of a dwelling and appropriated stereo equipment, a rifle, and an alpine alarm. The rifle and alarm were later recovered. An insurance claims representative testified as to the value of the stereo equipment based upon its replacement cost because the insurance policy provided coverage based upon replacement cost. The trial court ordered appellant to pay restitution based upon the replacement cost, not the fair market value, of the stereo equipment. Appellant argues that this was error because the equipment was at least two years old.1 This argument lacks merit.
Section 775.089(1)(a), (6), Florida Statutes (1991) provides in pertinent part:
(l)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense....
(6) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense ... and any other factors which it deems appropriate.
The supreme court has ruled that the fair market value of property at the time of the offense is not the only permissible basis for determining the amount of loss to be included in a restitution order. Rather, the trial court must exercise discretion in determining the amount of restitution and, in doing so, the trial court may consider any factors which it deems appropriate. State v. Hawthorne, 573 So. 2d 330, 333 (Fla.1991). In Hawthorne, the court recognized that in most cases the victim’s loss and the fair market value of the property at the time of the offense will be the same; however, the court stated that it could “foresee instances where the market value of the property would not adequately reflect the victim’s loss....” Id., at 333.
In the instant case, the victim for purposes of restitution is the insurer, except for the applicable deductible which the insurer in this case has agreed to recover on behalf of the insured. See L.S. v. State, 593 So. 2d 296, 297 (Fla. 5th DCA 1992). Because the insurance policy involved in this matter provides coverage based upon replacement cost, we cannot say that the trial court abused its discretion in concluding that the loss caused by the appellant’s act was the replacement cost of the stolen items. Accordingly, we affirm the trial court’s restitution order. AFFIRMED.
GOSHORN, C.J., and COBB, J., concur. . Appellant also claims that the restitution order must be reversed because the trial court improperly considered hearsay evidence and because he has been ordered to pay restitution for items he was not charged with stealing. There is no merit to either claim.
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Cricket Kathleen Toole v. State, 270 So. 3d 371 (Fla. 4th DCA 2019)…easure of damages."). See Domaceti v. State, 616 So. 2d 1148, 1149 (Fla. Dist. Ct. App. 1993) ("Certainly where there is a ready market of identical items to the stolen item, restitution should be limited to its replacement."). See Dixon v. State, 601 So. 2d 606, 607 (Fla. Dist. Ct. App. 1992) ("In the instant case, the victim for purposes of restitution is the insurer .... Because the insurance policy involved in this matter provides coverage based upon replacement cost, we cannot say that the trial court…
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Mundhenk v. State, 712 So. 2d 816 (Fla. 5th DCA 1998)…s argument that the trial court erred in its restitution order was not preserved by timely objection below. See Bayer v. State, 597 So. 2d 870 (Fla. 5th DCA 1992). Even had such an objection been made, we would affirm on authority of Dixon v. State, 601 So. 2d 606 (Fla. 5th DCA 1992). AFFIRMED. ANTOON, J., concurs. GRIFFIN, C.J., concurs specially, with opinion.…
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Snoha v. State, 895 So. 2d 523 (Fla. 5th DCA 2005)…PER CURIAM. AFFIRMED. See Cyrus v. State, 712 So. 2d 811 (Fla. 4th DCA 1998); Dixon v. State, 601 So. 2d 606 (Fla. 5th DCA 1992). SHARP,' W., PLEUS and TORPY, JJ., concur. ,…
Authorities Cited
- State v. Hawthorne, 573 So. 2d 330 (Fla. 1991)
- L.S. v. State, 593 So. 2d 296 (Fla. 5th DCA 1992)