TRAVIS CAMPBELL vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TRAVIS CAMPBELL, Appellant, v. Case No. 5D19-3688 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 2, 2020 Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge. James S. Purdy, Public Defender, Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Travis Campbell appeals an order that: 1) terminated his felony probation unsatisfactorily, and 2) required him to pay the balance of his restitution obligation in the amount of $100 per week for the next ten years. Campbell’s obligation to pay restitution had been a condition of his probation. We affirm, without discussion, the trial court’s determination that Campbell completed his probationary term in an unsatisfactory manner. However, we agree that the trial court lacked authority to set a restitution schedule after it terminated Campbell’s probation. See § 775.089(3)(a)1., Fla. Stat. (2019) (“The court may require that the defendant make restitution under this section within a specified period or in specified installments” but “[t]he end of such period or the last such installment shall not be later than . . . [t]he end of the period of probation if probation is ordered.”). As acknowledged by both the State and Campbell, the trial court does have the authority to reduce the outstanding restitution amount to a civil lien. § 775.089(3)(d), Fla. Stat. (2019). AFFIRMED, in part; REVERSED, in part; REMANDED. EVANDER, C.J., ORFINGER and TRAVER, JJ., concur. 2

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