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Do You Know The Fair Market Value Of Your Property? A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam Hapner
Adam Hapner
When a defendant’s criminal actions cause loss or damage to a victim’s property, section 775.089, Florida Statutes, requires that the court order the defendant to pay restitution to the victim. The purposes of section 775.089 are both to compensate the victim and to serve the rehabilitative, deterrent, and retributive goals of the criminal justice system. Recently, more and more cases have been decided in which the State was unable to prove the amount of loss sustained by the victim due to precise measurements of value and demanding methods of proof. In such cases, the purposes of restitution were not achieved …