Kirby v. State, 863 So. 2d 238 (Fla. 2003)

Cases | Kirby v. State, 863 So. 2d 238 (Fla. 2003) | 2018

The defendant was found guilty of DUI with serious bodily injury and was sentenced to five years of probation, which was a downward departure due to the need of the victim for restitution and the remorsefulness of the defendant. At the restitution hearing, the State requested restitution for medical expenses, deductibles, and lost wages offset by a $25,000 civil settlement agreement between the defendant and the victim for the same incident. The trial court denied restitution based on a release of liability agreed to in the civil settlement agreement. On appeal, the district court reasoned that “because restitution serves significant societal purposes other than compensating the victim, a sentencing court should not be bound by a civil settlement and release when the State was not a party to the transaction” and reversed the trial court, holding that the civil settlement between the victim and the defendant did not bar the state from seeking restitution in the criminal case. The supreme court agreed and held “that a settlement and release of liability on a civil claim for damages between private parties does not prohibit the trial court from fulfilling its mandatory obligation to order restitution in the criminal case.” The case was remanded for a full evidentiary hearing pursuant to the restitution statute.