In the Interest of F.J.O. v. State

PARKER, Judge.

Appellant, a juvenile, pled nolo conten-dere to sexual battery. He appeals the trial court’s order imposing restitution. We vacate the order and remand for further proceedings.

Of the two issues concerning restitution which appellant raises, we find merit in only one. Appellant contends that the state failed to carry its burden of proof in this case. Section 775.089 provides, in pertinent part:(7) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss…