N.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
N.C. challenges a restitution order. N.C. argues that the trial court erred in entering the order because he was not present at the restitution hearing and because the court failed to make a finding as to his present ability to pay. We agree and remand for another restitution hearing. On remand, the child must be present in person or by telephone, or the State must demonstrate that N.C. voluntarily waived his right to be present. See Fla. R.Juv.P. 8.100(a); J.D. v. State, 705 So. 2d 44 (Fla. 1st DCA 1997). Moreover, the court shall make a finding as to N.C.’s (or his parents’) ability to make restitution payments. See § 985.231(l)(a)l a, Fla. Stat. (1999); C.D.D. v. State, 684 So. 2d 866 (Fla. 2d DCA 1996), receded from on other grounds, T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 2000).
Reversed and remanded with instructions.
WHATLEY, A.C.J., and STRINGER, J., and DANAHY, PAUL W., (Senior) Judge, concur.
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Cited By
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M.W.G. v. State, 945 So. 2d 597 (Fla. 2d DCA 2006)…o. 2d 278 (Fla. 1st DCA 1992). When no evidence of what the child could reasonably be expected to earn is presented at the restitution hearing, the trial court cannot make a finding on this issue. See A.J., 677 So. 2d at 938; see also N.C. v. State, 774 So. 2d 867, 868 (Fla. 2d DCA 2000); In Interest of C.D.D., 684 So. 2d 866, 867 (Fla. 2d DCA 1996). In the absence of such a finding, an appellate court must reverse the restitution order and remand for a hearing on the child’s ability to earn and ability to pa…
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K.T.M v. State, 969 So. 2d 542 (Fla. 2d DCA 2007)…o. 2d 278 (Fla. 1st DCA 1992). When no evidence of what the child could reasonably be expected to earn is presented at the restitution hearing, the trial court cannot make a finding on this issue. See A.J., 677 So. 2d at 938; see also N.C. v. State, 774 So. 2d 867, 868 (Fla. 2d DCA 2000); In Interest of C.D.D., 684 So. 2d 866, 867 (Fla. 2d DCA 1996). In the absence of such a finding, an appellate court must reverse the restitution order and remand for a hearing on the child’s ability to earn and ability to pa…
Authorities Cited
- T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)
- In the Interest of C.D.D. v. State, 684 So. 2d 866 (Fla. 2d DCA 1996)
- J.D. v. State, 705 So. 2d 44 (Fla. 1st DCA 1997)