In Florida, Civil Actions can be filed by one individual against another, including in a situation where one individual has been criminally victimized by another.

The Civil Law system is different from the criminal system and the judge in civil cases is more active in determining the facts and written argument are more acceptable. It is possible to have a case heard in the two different legal systems and have two different outcomes. A famous example is the case of O.J.Simpson where he was not found guilty in criminal court but was found responsible in civil court and ordered to pay damages to the families of the victims.If considering filing a civil action, be aware that a civil case may take more time; the survivor may need to enter into arrangements/ agreements, including paying a fee to attorneys for their services, paying the cost of filing fees, court fees, etc.

A successful Civil Action could result in the crime survivor being offered monetary compensation from the offender, including having the right to place liens against the offenders property, making the offender accountable for the damage they caused. Contact a lawyer for information about initiating a civil action. See Florida Rules of Civil Procedure for more detailed information.

In Florida the judge in a criminal case may order the defendant to make restitution to the crime survivor for damage caused directly or indirectly by the defendants criminal act. An order for restitution may also be made as part of a plea agreement by the defendant.  The court must consider the defendants financial resources, present and future financial needs and earning ability of the defendant and his or her dependants in making an order for restitution.

Restitution may be ordered if the crime survivor has suffered bodily injury as a result of the criminal act. The offender may be ordered to pay costs for medical and professional services, therapy, lost income, funeral or related expenses. If there was no bodily injury, restitution may be ordered for income lost as a result of the crime. If restitution is ordered and payments are to be made to the victim, the last payment must be made by the end of the offenders probation or five years after the end of the offenders imprisonment or five years following sentencing. Restitution must be made immediately if not otherwise ordered by the court.

Restitution can be monetary or non-monetary, and can be made a condition of the defendants parole. Payment of restitution may be enforced by either the state or by the victim in the same manner as in a civil action. If civil enforcement becomes necessary and the crime survivor sues the offender for the court ordered restitution, the defendant can be made responsible for payment of all associated costs and attorneys fees sustained by the crime survivor in their attempt to enforce the restitution order. A lien might be placed against the offender which could prevent him/ her from buying a car, house etc. until the restitution is paid.

Florida Statute 775.089 provides detailed information about orders for restitution. A victim for purposes of ordering restitution can include any person who suffered property damage or loss, monetary expense or physical injury or death as a direct or indirect result of the defendants criminal episode. Victims include the estate or next of kin of the deceased if death resulted from the criminal action.

Reference:
http://www.aardvarc.org/victim/restitution.shtml
http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin5