Summary
The Florida Supreme Court considers whether section 775.089, Florida Statutes (2003), authorizes restitution for a deceased murder victim’s lost future income and for wages lost by the victim’s next of kin while voluntarily attending the murder trial. The court holds that the statute authorizes restitution for the estate’s lost future income but does not authorize restitution for the next of kin’s voluntarily incurred lost wages. The court approves the Fifth District Court of Appeal’s result and remands for further proceedings.
Holdings
- Section 775.089 does not authorize restitution for wages lost by a next of kin who voluntarily attends the murder trial of the person accused of killing the victim.
- Section 775.089 authorizes restitution to the estate of a murder victim for an amount consisting of the victim's lost future income.
Questions Presented
- Whether section 775.089, Florida Statutes (2003), authorizes restitution for wages lost by a next of kin who voluntarily attends the murder trial of the person accused of killing the victim.
- Whether section 775.089 authorizes restitution to the estate of a murder victim for the victim's lost future income.
Disposition
approved
Cases Cited (24)
- Koile v. State, 902 So. 2d 822 (Fla. 5th DCA 2005)(followed)
- Spivey v. State, 531 So. 2d 965, 967 (Fla. 1988)(followed)
- A.B. v. State, 910 So. 2d 415, 417 (Fla. 4th DCA 2005)(followed)
- Daniels v. Fla. Dep't of Health, 898 So. 2d 61, 64-65 (Fla. 2005)(followed)
- D'Angelo v. Fitzmaurice, 863 So. 2d 311, 314 (Fla. 2003)(followed)
- Joshua v. City of Gainesville, 768 So. 2d 432, 435 (Fla. 2000)(followed)
- BellSouth Telecomms., Inc. v. Meeks, 863 So. 2d 287, 289 (Fla. 2003)(followed)
- Lee County Elec. Coop., Inc. v. Jacobs, 820 So. 2d 297, 303 (Fla. 2002)(followed)
- State v. Burris, 875 So. 2d 408, 410 (Fla. 2004)(followed)
- Nicoll v. Baker, 668 So. 2d 989, 990-91 (Fla. 1996)(followed)
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Cited In (0)
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Court Document
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