D.D.M. v. State

We reverse the restitution order in this case and remand for an evidentiary hearing on whether appellant has the ability to pay the $5,525.79 restitution ordered. See § 985.231(l)(a)l.a., (l)(a)9., Fla. Stat. (2004); A.J. v. State, 677 So.2d 935, 938 (Fla. 4th DCA 1996) (reversing restitution order where court did not consider ability to pay); R.D.S. v. State, 844 So.2d 720, 720-21 (Fla. 2d DCA 2003) (observing that unemployed delinquent child may be ordered to pay restitution without a showing of present ability to pay, as long as court determines what the child may be expected to earn upon…