Sam v. State

Rohit K. Sam appeals a judgment of restitution in favor of the Florida Department of Insurance in the amount of $4,370.03 for the costs it incurred in investigating an insurance fraud claim against Mr. Sam. The State concedes error. We reverse because the Florida Department of Insurance is not a “victim” as that term is used in the restitution statute, section 775.089(l)(c), Florida Statutes (1997). See Rodriguez v. State, 691 So.2d 568, 569 (Fla. 2d DCA 1997); Staudt v. State, 616 So.2d 600 (Fla. 4th DCA 1993). The amounts assessed in this case are in the nature of costs of prosecution.…