Victim Restitution

Question 1

Victim Restitution

Answer 1

Section 775.089, F.S., states that the sentencing authority levies victim restitution on an offender. If the sentencing authority did not articulate the restitution amount at the time of sentencing the offender, a subsequent restitution hearing may determine the amount.

Question 2

Victim Restitution:

Victim Location

Answer 2

Proper resolution and documentation of an undeliverable victim restitution payment is an important function in managing your caseload effectively.

Upon notification that a victim restitution payment is undeliverable, make every effort to locate the victim. Common reasons for undeliverable restitution payments can be the victim has a change of address, cannot be located, or is deceased.

If you receive the victim notification as undeliverable, you are required to document this in case notes in OBIS. Exhaust all resources to locate and notify the victim, victim’s family, or other designated contact.

Several resources available to assist you can include:

• DAVID
• office of the state attorney
• victim’s advocate
• sentencing authority orders or minutes
• Department victim services website
• OBIS for victim phone numbers and family members’ information
• obituary announcements
• documents within the case file such as a police report, affidavits, Presentence Investigation reports.

Question 3

Victim Restitution:

Payee ID

Answer 3

a 10-character alphanumeric identification code generated by OBIS unique to each payee. Create a new payee identification if necessary.

Submit the Create/Modify Payee ID form to your supervisor for approval if you are able to verify a new address for the victim

Review the Payee COPS Account Detail screen in OBIS, which shows detailed account information associated with an offender’s financial obligations. Review the screen for accuracy before forwarding the undelivered restitution payment to the victim’s new address.

Question 4

Victim Restitution:

General Revenue Fund

Answer 4

(an account maintained by the state of Florida. It consists of monies received from all sources, except trust fund monies and budget stabilization funds).

Complete a COPS Change form to transfer money to the General Revenue Fund. Forward the completed form to your supervisor for approval.

After gaining your supervisor’s approval, forward the form to the approved Department or staff for transfer to the General Revenue Fund. It is your responsibility to review the Payee COPS Account Detail screen in OBIS to verify the transfer.

If the victim is subsequently located after the transfer of the restitution payment to the General Revenue Fund, notify a supervisor for further action. If the victim is deceased, investigate for the next of kin or executor of the victim’s estate.

Notify your supervisor for approval before establishing a new payee account for the deceased victim’s next of kin or executor, using the Create/Modify Payee ID form