Public-domain · open source
OpenJurist

703 So. 2d 1193

Vereen v. State

District Court of Appeal of Florida

Decided December 24, 1997

District Court of Appeal of Florida · decided 1997-12-24

Cited by 1 later decisions — most recently October 2003

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1997-12-24

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the judgment and sentence and write to address only appellant’s challenge to an aspect of his sentence.

¶2Appellant entered a plea of no contest to the charge of misappropriating construction funds, in violation of section 713.345, Florida Statutes (1993). The trial court placed appellant on probation, and ordered him to pay restitution to the victims — the homeowners with whom appellant had contracted to build a home and various subcontractors who had worked on the job. Before the sentencing hearing, appellant executed promissory notes in favor of many of the subcontractors. Appellant argues that the court was precluded from ordering restitution in favor of those subcontractors who had received promissory notes.

¶3The subcontractors were “victims” within the meaning of section 775.089(l)(e), Florida Statutes (1995). The fact that a victim has an enforceable civil obligation covering a loss does not divest the court of the power to order restitution under section 775.089. One purpose of the statute is to provide the victim full compensation. Restitution as a condition of probation contains coercive elements not available in civil court. Section 775.089(8), provides that any restitution paid “shall be set off against any subsequent independent civil recovery.”

POLEN, STEVENSON and GROSS, JJ„ concur.
/703/so2d/1193 · .json · Public domain