J.K. v. State, 695 So. 2d 868 (Fla. Dist. Ct. App. 1997)

Cases | J.K. v. State, 695 So. 2d 868 (Fla. Dist. Ct. App. 1997) | 2018

The defendant pled guilty to burglary of a dwelling and was placed on juvenile community control and ordered to pay restitution. At the restitution hearing, “[t]he trial court awarded twenty-five cents for the cellular phone and $690 for the victim’s remaining obligation on the contract, based on the total of all payments due under the contract less the first thirty dollar payment” that the victim had already paid. On appeal, the defendant challenged the order of restitution. The court of appeals held that, while the starting point is fair market value at the time of the theft, the court should consider mitigating factors in determining the amount of restitution, such as, in this case, the victim’s ability to cancel the contract for $400 compared to the order of restitution’s overcompensation by awarding the cost of the contract. The court of appeals further held that Fla. Stat. § 39.054(1)(a)1 “provides that the amount of restitution in a juvenile proceeding ‘may not exceed’ the financial capabilities of the offender and the parents.” The portion of the order compensating for the cell phone and the service contract was reversed and remanded for reconsideration.

[NOTE: Fla. Stat. § 39.054 referred to in this case summary is no longer in effect.]