Can a civil restitution order be enforced in Florida?

Whether the order of criminal restitution is appropriate depends on whether the aggrieved party falls within the statutory definition of “victim.” If not, then a separate civil action is necessary to recoup any losses suffered. A Restitution Order may be enforced by the state or the victim (s) named in the Restitution Order. Fla.

Can a judge order restitution if there is no money?

For most crimes committed prior to this date, Judges have more discretion on whether to order restitution. Unfortunately, as a practical matter a defendant who has no money or potential to make money is unlikely to make meaningful restitution to the victims of a crime.

Is the payment of restitution a condition of probation?

The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960.

When to petition for an amended restitution order?

Under the Act, if an identified victim discovers further losses after a judgment has been filed, that victim has 60 days after discovery of the losses, to petition the Court for an amended restitution order. This order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitution.

Whether the order of criminal restitution is appropriate depends on whether the aggrieved party falls within the statutory definition of “victim.” If not, then a separate civil action is necessary to recoup any losses suffered. A Restitution Order may be enforced by the state or the victim (s) named in the Restitution Order. Fla.

How does restitution work in the United States?

Restitution payments received by the United States will be processed and disbursed to you (and any other restitution victims) by the Clerk of the applicable United States District Court. The Clerk’s Office disburses money to victims as it receives payments from the defendant.

For most crimes committed prior to this date, Judges have more discretion on whether to order restitution. Unfortunately, as a practical matter a defendant who has no money or potential to make money is unlikely to make meaningful restitution to the victims of a crime.

The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960.