State v. Banks

I concur with the majority’s result, but write to express my disagreement with one of the stated reasons for reversal. The majority here, as in State v. Baker, 713 So.2d 1027 (Fla. 2d DCA 1998), has added a condition not found in section 921.0016(4)(e), Florida Statutes (1995), or Florida Rule of Criminal Procedure 3.991(b) to the downward departure reason of the need for restitution. In addition to the trial court finding a need for restitution, this court has added the requirement that the defendant has the ability to pay restitution. In my view, if the legislature or the supreme court had…