Hector v. State, 784 So. 2d 1207 (Fla. Dist. Ct. App. 2001)

Cases | Hector v. State, 784 So. 2d 1207 (Fla. Dist. Ct. App. 2001) | 2018

The defendants were convicted of organized fraud and grand theft and ordered to pay restitution. On appeal, they challenged the order to pay investigation costs and argued that the trial court did not determine their ability to pay before imposing the restitution. “The State acknowledged that the amount of restitution awarded by the trial court was not fully supported by the evidence” and the court of appeals agreed. The court of appeals further held that Florida law “requires only that the ability to pay be determined at the time of enforcement, not imposition.” The court reversed and remanded for further proceedings.