M.J.T., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAVIS, Judge.
M.J.T. challenges the trial court’s order requiring him to pay $1113.57 in restitution. The State concedes that the explanation of medical benefits (EOMB) forms that were introduced to support the victim’s claim for medical costs were not properly admitted. We agree and, accordingly, reverse and remand for a new restitution hearing. The only evidence introduced at the restitution hearing to support the victim’s medical costs were the EOMB forms, which specifically state that they are not medical bills. While medical bills may be introduced without producing the records custodian to testify, A. J. v. State, 677 So. 2d 935, 938 (Fla. 4th DCA 1996), the documents here were not bills. Because the EOMB forms were hearsay, to which M.J.T.’s counsel objected at the hearing, the trial court erred in awarding restitution based on the amounts shown on those EOMB forms.
Accordingly, we reduce the $1113.57 restitution award by $909.38, the amount improperly awarded for medical bills, and remand for another restitution hearing to determine the proper amount of medical expenses. See Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003).
Reversed and remanded.
SALCINES and LaROSE, JJ., Concur.
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Titus L. Bellot v. State, 964 So. 2d 857 (Fla. 2d DCA 2007)…aring. In conclusion, we affirm the award of restitution as to the ambulance charge of $536.00. We reverse the remainder of the $22,679.85 award and remand for another restitution hearing if the State elects to hold one. See, e.g., M.J.T. v. State, 927 So. 2d 1077, 1078 (Fla. 2d DCA 2006). If the State does so and proves additional liability and restitution amount, the court shall make findings as to causation for each discrete item of restitution. See D.N. v. State, 529 So. 2d 1217, 1224 (Fla. 1st [*861] DCA…
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Boone v. State, 112 So. 3d 676 (Fla. 4th DCA 2013)…2001) (noting that victim’s testimony regarding the amount of medical bills incurred without any documentation of the bills would be insufficient to support a restitution order), quashed on other grounds, 822 So. 2d 1275 (Fla.2002); M.J.T. v. State, 927 So. 2d 1077, 1078 (Fla. 2d DCA 2006) (holding that State did not submit sufficient evidence to establish amount of restitution to victim for medical bills incurred when it did not introduce any medical bills). In this case, the only evidence of the medical expe…
Authorities Cited
- A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)
- Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003)