ROBERT W. BOSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
The issue posed by this appeal is whether the trial court could properly order the payment of immediate1 restitution from an indigent defendant who has no immediate ability to pay. The answer is no. See Leyba v. State, 520 So. 2d 705 (Fla. 5th DCA 1988).
Based on the defendant’s potential future financial resources, the trial court could have required such restitution within a specified period or in specified installments. See § 775.089(3)(a), Fla.Stat. (1991). Only the trial court, not the probation officer, can set up a payment schedule. See § 775.089(3)(c). This authority cannot be delegated to a probation officer. Ashe v. State, 582 So. 2d 759 (Fla. 1st DCA1991).
REVERSED and REMANDED for establishment by the trial court of a later specified payment date or an installment payment schedule.
W. SHARP and PETERSON, JJ., concur. . Section 775.089(3)(c) provides that restitution orders, unless otherwise provided by the court, are payable immediately.
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A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)…l court may not delegate the responsibility for setting the terms and conditions of payment of restitution to the Department of Juvenile Justice or other community control officers. G.A.Z. v. State, 657 So. 2d 1244 (Fla. 2d DCA 1995); Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993); Strickland v. State, 610 So. 2d 705, 706 (Fla. 4th DCA 1992). AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WARNER, J„ and GROSSMAN, MELVIN, B., Associate Judge, concur. . The award of $2,498.00 instead of $2,400.98 is a c…
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Shacraha v. State, 635 So. 2d 1051 (Fla. 4th DCA 1994)…at the defendant had the ability to make immediate payment of the restitution amount, although the .evidence shows an ability to pay had the trial court ordered payments be made within a required time or in specified installments. See Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993). We therefore reverse and remand the order of restitution to the trial court for establishment of a later specified payment date or an installment payment schedule consistent with appellant’s ability to pay. Second, appellant c…
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Therrien v. State, 637 So. 2d 288 (Fla. 5th DCA 1994)…s or her dependents, and any future earning capacity. § 775.089(7), Fla. Stat.(1989). If there is no present ability to pay restitution, it should be modified, stayed or tolled. Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993); Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993); Ballance. The facts in this case are not in dispute. Therrien testified that she is employed as a waitress at Spring Garden Ranch, where she works a little over forty hours per week. Her gross monthly income is between $600-700…
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- Ashe v. State, 582 So. 2d 759 (Fla. 1st DCA 1991)
- State v. Leija, 520 So. 2d 705 (Fla. 5th DCA 1988)