ROHIT K. SAM (SEAM) APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Rohit K. Sam appeals a judgment of restitution in favor of the Florida Department of Insurance in the amount of $4,370.03 for the costs it incurred in investigating an insurance fraud claim against Mr. Sam. The State concedes error. We reverse because the Florida Department of Insurance is not a “victim” as that term is used in the restitution statute, section 775.089(l)(c), Florida Statutes (1997). See Rodriguez v. State, 691 So. 2d 568, 569 (Fla. 2d DCA 1997); Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993). The amounts assessed in this case are in the nature of costs of prosecution. Although this record suggests that Mr. Sam does not have the financial ability to pay such costs, the State is not precluded from seeking these costs on remand provided it complies with section 938.27, Florida Statutes (1997).
Reversed and remanded. ALTENBERND, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.
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Citator
Cited By
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Sheppard v. State, 753 So. 2d 748 (Fla. 2d DCA 2000)…verned by section 775.089, Florida Statutes (1997), and costs of conviction, governed by section 938.27, Florida Statutes (1997). The Division of Insurance Fraud is not a “victim” in this case and cannot receive restitution. See Sam (Seam) v. State, 741 So. 2d 1247 (Fla. 2d DCA 1999). As in Sam, the State is not precluded from seeking these costs on [*749] remand provided it complies with section 938.27, Florida Statutes (1997). Affirmed in part, reversed in part, and remanded. THREADGILL, A.C.J., ALTENBER…
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Smith v. State, 801 So. 2d 1043 (Fla. 5th DCA 2001)…Locke v. State, 719 So. 2d 1249 (Fla.1998). Smith further submits that the county commission “is not a victim in this case and can not receive restitution.” He relies on Sheppard v. State, 753 So. 2d 748 (Fla. 2d DCA 2000), and Sam (Seam) v. State, 741 So. 2d 1247 (Fla. 2d DCA 1999), for this proposition. In Sheppard and Sam, the trial court had ordered restitution for costs that were not in fact restitution to victims, but rather were investigative costs. Investigative costs are to be considered costs of con…
Authorities Cited
- Rodriguez v. State, 691 So. 2d 568 (Fla. 2d DCA 1997)
- Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993)