Opinion

J.M. v. State

  • 658 So. 2d 1128
  • 1995 Fla. App. LEXIS 8011
Court
District Court of Appeal of Florida
Filed
Jul 28, 1995
Status
Published
Author
Blue
On the bench
Blue, Campbell, Lazzara
Cited by
11 cases
Authority
More cited than 88.6%

concluding that the cost of a security system was not encompassed in the statute permitting an award of restitution for “any damage or loss caused by the child’s offense,” as “the relationship between the system and [the child’s] delinquent acts was not the significant causal relationship contemplated by the statute”

How later courts described this case

  • concluding that the cost of a security system was not encompassed in the statute permitting an award of restitution for “any damage or loss caused by the child’s offense,” as “the relationship between the system and [the child’s] delinquent acts was not the significant causal relationship contemplated by the statute”
  • error to order restitution for a security alarm the victim installed after the burglary

Written by the judges who cited it.

The opinion

BLUE, Judge.

J.M. was adjudicated delinquent of several offenses, including a residential burglary. He appeals a portion of the restitution order directing him to pay for a security system installed in the residence subsequent to the burglary. We agree that it was error to order J.M. to pay for the security system.

Section 39.054(l)(f), Florida Statutes (1993), permits the award of restitution for “any damage or loss caused by the child’s offense....” The damage or loss for which *1129 restitution is ordered need not be directly encompassed within the legal elements of an offense, however, there must be a significant relationship between the damage or loss and the offense. See J.S.H. v. State, 472 So.2d 737 (Fla.1985); Denson v. State, 556 So.2d 823 (Fla. 1st DCA 1990). Here, the circuit court erred by including the cost of the after-acquired security system in the restitution order because the relationship between the system and J.M.’s delinquent acts was not the significant causal relationship contemplated by the statute.

Accordingly, the order of restitution for the security system is vacated.

CAMPBELL, A.C.J., and LAZZARA, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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