S.S. v. State

I respectfully dissent.

This is an appeal from an order imposing $135 in restitution to be paid in installments of twenty dollars per month. Although this amount presumptively might seem reasonable, there is no record evidence of the juvenile’s expected ability to pay, nor was there any finding made by the trial court in that regard. Our case law is fairly consistent in the interpretation of section 985.437, Florida Statutes (2011), as requiring an ability-to-pay finding before a court orders juvenile restitution. See E.J. v. State, 1 So.3d 251 (Fla. 3d DCA 2008); K.T.M v. State, 969 So.2d 542…