Florida Statutes

Fla. Stat. § 775.089 (2025)

Restitution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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775.089 Restitution.—

(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for:

1. Damage or loss caused directly or indirectly by the defendant’s offense; and

2. Damage or loss related to the defendant’s criminal episode,

unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960. Payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution to the Crimes Compensation Trust Fund, unless specifically waived in accordance with subparagraph (b)1.

(b)1. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in this section, it shall state on the record in detail the reasons therefor.

2. An order of restitution entered as part of a plea agreement is as definitive and binding as any other order of restitution, and a statement to such effect must be made part of the plea agreement. A plea agreement may contain provisions that order restitution relating to criminal offenses committed by the defendant to which the defendant did not specifically enter a plea.

1. Each person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant’s offense or criminal episode, and also includes the victim’s estate if the victim is deceased, and the victim’s next of kin if the victim is deceased as a result of the offense. The term includes governmental entities and political subdivisions, as those terms are defined in s. 11.45, when such entities are a direct victim of the defendant’s offense or criminal episode and not merely providing public services in response to the offense or criminal episode.

2. The term also includes the victim’s trade association if the offense is a violation of s. 540.11(3)(a)3. involving the sale, or possession for purposes of sale, of physical articles and the victim has granted the trade association written authorization to represent the victim’s interests in criminal legal proceedings and to collect restitution on the victim’s behalf. The restitution obligation in this subparagraph relating to violations of s. 540.11(3)(a)3. applies only to physical articles and does not apply to electronic articles or digital files that are distributed or made available online. As used in this subparagraph, the term “trade association” means an organization founded and funded by businesses that operate in a specific industry to protect their collective interests.

(2)(a) When an offense has resulted in bodily injury to a victim, a restitution order entered under subsection (1) shall require that the defendant:

1. Pay the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.

2. Pay the cost of necessary physical and occupational therapy and rehabilitation.

3. Reimburse the victim for income lost by the victim as a result of the offense.

4. In the case of an offense which resulted in bodily injury that also resulted in the death of a victim, pay an amount equal to the cost of necessary funeral and related services.

(b) When an offense has not resulted in bodily injury to a victim, a restitution order entered under subsection (1) may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.

(3)(a) The court may require that the defendant make restitution under this section within a specified period or in specified installments.

(b) The end of such period or the last such installment shall not be later than:

1. The end of the period of probation if probation is ordered;

2. Five years after the end of the term of imprisonment imposed if the court does not order probation; or

3. Five years after the date of sentencing in any other case.

(c) Notwithstanding this subsection, a court that has ordered restitution for a misdemeanor offense shall retain jurisdiction for the purpose of enforcing the restitution order for any period, not to exceed 5 years, that is pronounced by the court at the time restitution is ordered.

(d) If not otherwise provided by the court under this subsection, restitution must be made immediately.

If the restitution ordered by the court is not made within the time period specified, the court may continue the restitution order through the duration of the civil judgment provision set forth in subsection (5) and as provided in s. 55.10.

(4) If a defendant is placed on probation or paroled, complete satisfaction of any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation, and the Florida Commission on Offender Review may revoke parole, if the defendant fails to comply with such order.

(5) An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with s. 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant. If civil enforcement is necessary, the defendant shall be liable for costs and attorney’s fees incurred by the victim in enforcing the order.

(6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense.

(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate.

(7)(a) While the primary purpose of restitution is to compensate the victim, it also serves the rehabilitative and deterrent goals of the criminal justice system.

(b) Restitution must be determined on a fair market value basis unless the state, victim, or defendant shows that using another basis, including, but not limited to, replacement cost, purchase price less depreciation, or actual cost of repair, is equitable and better furthers the purposes of restitution.

(c) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The court may consider hearsay evidence for this purpose, provided it finds that the hearsay evidence has a minimal indicia of reliability. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney. The burden of demonstrating the present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.

(8) The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery.

(9) When a corporation or unincorporated association is ordered to make restitution, the person authorized to make disbursements from the assets of such corporation or association shall pay restitution from such assets, and such person may be held in contempt for failure to make such restitution.

(10)(a) Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment.

(b) The restitution obligation is not subject to discharge in bankruptcy, whether voluntary or involuntary, or to any other statutory or common-law proceeding for relief against creditors.

(11)(a) The court may order the clerk of the court to collect and dispense restitution payments in any case.

(b) The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision.

(12)(a) Issuance of income deduction order with an order for restitution.—

1. Upon the entry of an order for restitution, the court shall enter a separate order for income deduction if one has not been entered.

2. The income deduction order shall direct a payor to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant’s obligation.

3. The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.

4. When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

a. All fees or interest which shall be imposed.

b. The total amount of income to be deducted for each pay period.

c. That the income deduction order applies to current and subsequent payors and periods of employment.

d. That a copy of the income deduction order will be served on the defendant’s payor or payors.

e. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.

f. That the defendant is required to notify the clerk of court within 7 days after changes in the defendant’s address, payors, and the addresses of his or her payors.

(b) Enforcement of income deduction orders.—

1. The clerk of court or probation officer shall serve an income deduction order and the notice to payor on the defendant’s payor unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.

2.a. Service by or upon any person who is a party to a proceeding under this subsection shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.

b. Service upon the defendant’s payor or successor payor under this subsection shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.

3. The defendant, within 15 days after having an income deduction order entered against him or her, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed. The timely request for a hearing shall stay the service of an income deduction order on all payors of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.

4. The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:

a. Require the payor to deduct from the defendant’s income the amount specified in the income deduction order and to pay that amount to the clerk of court.

b. Instruct the payor to implement the income deduction order no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on the payor.

c. Instruct the payor to forward within 2 days after each payment date to the clerk of court the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.

d. Specify that, if a payor fails to deduct the proper amount from the defendant’s income, the payor is liable for the amount the payor should have deducted plus costs, interest, and reasonable attorney’s fees.

e. Provide that the payor may collect up to $5 against the defendant’s income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter.

f. State that the income deduction order and the notice to payor are binding on the payor until further notice by the court or until the payor no longer provides income to the defendant.

g. Instruct the payor that, when he or she no longer provides income to the defendant, the payor shall notify the clerk of court and shall also provide the defendant’s last known address and the name and address of the defendant’s new payor, if known, and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

h. State that the payor shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

i. Inform the payor that, when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of court, the payor may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.

j. Inform the payor that if the payor receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.

5. The clerk of court shall enforce income deduction orders against the defendant’s successor payor who is located in this state in the same manner prescribed in this subsection for the enforcement of an income deduction order against an original payor.

6. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

7. When a payor no longer provides income to a defendant, the payor shall notify the clerk of court and shall provide the defendant’s last known address and the name and address of the defendant’s new payor, if known. A payor who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation.

History.—s. 1, ch. 77-150; s. 288, ch. 79-400; s. 5, ch. 84-363; s. 2, ch. 88-96; s. 38, ch. 88-122; s. 10, ch. 89-526; s. 2, ch. 92-107; s. 1, ch. 93-37; s. 3, ch. 93-69; s. 19, ch. 94-342; s. 1, ch. 95-160; s. 1187, ch. 97-102; s. 1, ch. 99-358; s. 1, ch. 2012-17; s. 13, ch. 2014-191; s. 1, ch. 2015-132; s. 1, ch. 2021-172.

Notes of Decisions

Cited in 596 cases (25 in the last 5 years), 1979–2026 · leading case: Del Valle v. State, 80 So. 3d 999 (Fla. 2011).

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Del Valle v. State, 80 So. 3d 999 (Fla. 2011). · cites it 66× “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

Koile v. State, 934 So. 2d 1226 (Fla. 2006). · cites it 35× “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). · cites it 24× “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). · cites it 21× “The trial court denied restitution, ruling that Escambia County was not a "victim" as that term is used in section 775.089, Florida Statutes (2002).”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). · cites it 14× “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013). · cites it 28× “To that end, trial courts are required by our restitution statute, section 775.089, Florida Statutes, to order the defendant to make restitution to the victim for damage or loss caused by or related to the defendant’s criminal conduct.”

Kirby v. State, 863 So. 2d 238 (Fla. 2003). · cites it 11× “Section 775.089, Florida Statutes (2002), [5] states in relevant part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

State v. Hawthorne, 573 So. 2d 330 (Fla. 1991). · cites it 9× “2d DCA 1990), on the issue of whether fair market value of property at the time of an offense is the only permissible basis for determining the amount of loss to be included in a restitution order under section 775.089, Florida Statutes (1987).”

Glaubius v. State, 688 So. 2d 913 (Fla. 1997). · cites it 8× “Section 775.089, Florida Statutes (1993), [1] governs restitution of victims and provides in pertinent part as follows: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002). · cites it 8× “§ 775.089(1)(a), Fla. Stat. (1999). [8] Section 775.”

Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987). · cites it 16× “Rather, he challenges the fact that the order made him liable for the full amount of the restitution instead of apportioning the amount between appellant and a codefendant. Appellant also challenges the trial court's failure to consider his ability to pay.”

Koile v. State, 902 So. 2d 822 (Fla. 5th DCA 2005). · cites it 7× “Section 775.089, Florida Statutes (2003), the statute governing restitution as a condition of probation, states in pertinent part that: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

Show all 596 citing cases →

— 775.089(1) — 29 cases

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). “The trial court denied restitution, ruling that Escambia County was not a "victim" as that term is used in section 775.089, Florida Statutes (2002).”

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

Ballance v. State, 447 So. 2d 974 (Fla. 1st DCA 1984).

Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985).

Cliburn v. State, 510 So. 2d 1155 (Fla. 3d DCA 1987).

— 775.089(1)(a) — 128 cases

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

State v. Williams, 520 So. 2d 276 (Fla. 1988).

State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002). “§ 775.089(1)(a), Fla. Stat. (1999). [8] Section 775.”

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

— 775.089(1)(a)(1) — 5 cases

Rodriguez v. State, 964 So. 2d 833 (Fla. 2d DCA 2007).

Gilileo v. State, 923 So. 2d 612 (Fla. 2d DCA 2006).

Thomas v. State, 899 So. 2d 1279 (Fla. 2d DCA 2005).

Gabriel Verdejo v. the State of Florida (Fla. 3d DCA 2025).

TJN v. State, 977 So. 2d 770 (Fla. 2d DCA 2008).

— 775.089(1)(a)(2) — 4 cases

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

Kirby v. State, 863 So. 2d 238 (Fla. 2003). “Section 775.089, Florida Statutes (2002), [5] states in relevant part: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

Bellot v. State, 964 So. 2d 857 (Fla. 2d DCA 2007).

TJN v. State, 977 So. 2d 770 (Fla. 2d DCA 2008).

— 775.089(1)(b) — 12 cases

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

State v. MacLeod, 600 So. 2d 1096 (Fla. 1992).

State v. Allen, 743 So. 2d 532 (Fla. 1st DCA 1997).

Therrien v. State, 637 So. 2d 288 (Fla. 5th DCA 1994).

— 775.089(1)(b)(1) — 1 case

Kittelson v. State, 980 So. 2d 533 (Fla. 5th DCA 2008).

— 775.089(1)(b)(2) — 5 cases

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

K.N. v. State, 61 So. 3d 1258 (Fla. 3d DCA 2011).

RAB v. State, 932 So. 2d 1227 (Fla. 2d DCA 2006).

Gabriel Verdejo v. the State of Florida (Fla. 3d DCA 2025).

GC v. State, 944 So. 2d 1099 (Fla. 2d DCA 2006).

— 775.089(1)(c) — 21 cases

State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002). “§ 775.089(1)(a), Fla. Stat. (1999). [8] Section 775.”

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Gluesenkamp v. State, 636 So. 2d 1367 (Fla. 1st DCA 1994).

Jones v. State, 846 So. 2d 662 (Fla. 2d DCA 2003).

— 775.089(10)(b) — 1 case

Hillsborough Cnty. v. Lanier, 898 So. 2d 141 (Fla. 2d DCA 2005).

— 775.089(11) — 1 case

Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).

— 775.089(12)(a) — 2 cases

Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013). “To that end, trial courts are required by our restitution statute, section 775.089, Florida Statutes, to order the defendant to make restitution to the victim for damage or loss caused by or related to the defendant’s criminal conduct.”

R.H. v. State, 634 So. 2d 321 (Fla. 1st DCA 1994).

— 775.089(1l)(a) — 1 case

Verola v. Colton (In Re Verola), 296 B.R. 266 (Bankr. S.D. Florida 2003).

— 775.089(2) — 5 cases

Gladfelter v. State, 618 So. 2d 1364 (Fla. 1993).

Thomas v. State, 480 So. 2d 158 (Fla. 1st DCA 1985).

Thomas v. State, 453 So. 2d 156 (Fla. 1st DCA 1984).

Smith v. State, 614 So. 2d 525 (Fla. 5th DCA 1993).

Hollingsworth v. State, 835 So. 2d 373 (Fla. 1st DCA 2003).

— 775.089(2)(a) — 8 cases

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Commonwealth v. Burwell, 58 A.3d 790 (Pa. Super. Ct. 2012).

Bellot v. State, 964 So. 2d 857 (Fla. 2d DCA 2007).

Johnson v. State, 27 So. 3d 211 (Fla. 4th DCA 2010).

Smith v. State, 941 So. 2d 479 (Fla. 3d DCA 2006).

— 775.089(2)(a)(3) — 2 cases

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Koile v. State, 935 So. 2d 1226 (Fla. 2006).

— 775.089(2)(b) — 5 cases

Koile v. State, 902 So. 2d 822 (Fla. 5th DCA 2005). “Section 775.089, Florida Statutes (2003), the statute governing restitution as a condition of probation, states in pertinent part that: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997).

J.S. v. State, 717 So. 2d 175 (Fla. 2d DCA 1998).

Graham v. State, 720 So. 2d 294 (Fla. 5th DCA 1998).

JS v. State, 717 So. 2d 175 (Fla. 4th DCA 1998).

— 775.089(2)(c) — 4 cases

Elmer v. State, 140 So. 3d 1132 (Fla. 5th DCA 2014).

Vanlieu v. State, 630 So. 2d 1218 (Fla. 5th DCA 1994).

Osteen v. State, 616 So. 2d 1215 (Fla. 5th DCA 1993).

Haynes v. State, 575 So. 2d 1341 (Fla. 1st DCA 1991).

— 775.089(2)(d) — 1 case

Critsley v. State, 573 So. 2d 167 (Fla. 4th DCA 1991).

— 775.089(3) — 13 cases

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

Smith v. State, 589 So. 2d 387 (Fla. 1st DCA 1991).

Pettway v. State, 502 So. 2d 1366 (Fla. 2d DCA 1987).

Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992).

Fichera v. State, 688 So. 2d 453 (Fla. 1st DCA 1997).

— 775.089(3)(a) — 5 cases

Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993).

Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992).

State v. Owens, 848 So. 2d 1199 (Fla. 1st DCA 2003).

Daniels v. State, 581 So. 2d 970 (Fla. 5th DCA 1991).

Mayer v. State, 632 So. 2d 678 (Fla. 5th DCA 1994).

— 775.089(3)(b) — 3 cases

Ibrahim v. State, 687 So. 2d 914 (Fla. 4th DCA 1997).

Cotton v. State, 703 So. 2d 1160 (Fla. 2d DCA 1997).

Williams v. State, 663 So. 2d 15 (Fla. 3d DCA 1995).

— 775.089(3)(b)(2) — 2 cases

Sims v. State, 637 So. 2d 21 (Fla. 4th DCA 1994).

Arnett v. State, 633 So. 2d 1206 (Fla. 5th DCA 1994).

— 775.089(3)(b)(3) — 1 case

Fabregat v. State, 651 So. 2d 826 (Fla. 3d DCA 1995).

— 775.089(3)(c) — 7 cases

Shacraha v. State, 635 So. 2d 1051 (Fla. 4th DCA 1994).

Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993).

Smith v. State, 589 So. 2d 387 (Fla. 1st DCA 1991).

Bowers v. State, 596 So. 2d 480 (Fla. 1st DCA 1992).

Ashlock v. State, 632 So. 2d 213 (Fla. 5th DCA 1994).

— 775.089(4) — 1 case

— 775.089(5) — 17 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

Mitchel v. Cigna Prop. & Cas. Ins., 625 So. 2d 862 (Fla. 3d DCA 1993).

Mitchell v. State, 664 So. 2d 1099 (Fla. 5th DCA 1995).

J.K. v. State, 695 So. 2d 868 (Fla. 4th DCA 1997).

— 775.089(5)(10) — 1 case

Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987). “Rather, he challenges the fact that the order made him liable for the full amount of the restitution instead of apportioning the amount between appellant and a codefendant. Appellant also challenges the trial court's failure to consider his ability to pay.”

— 775.089(6) — 93 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

Schotsch v. State, 670 So. 2d 127 (Fla. 4th DCA 1996).

Banks v. State, 732 So. 2d 1065 (Fla. 1999).

— 775.089(6)(a) — 12 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

D.E.M. v. State, 109 So. 3d 1229 (Fla. 1st DCA 2013).

— 775.089(6)(b) — 11 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

State v. Shields, 31 So. 3d 281 (Fla. 2d DCA 2010).

Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009).

Hector v. State, 784 So. 2d 1207 (Fla. 2d DCA 2001).

— 775.089(7) — 142 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

Cricket Kathleen Toole v. State of Florida, 270 So. 3d 371 (Fla. 4th DCA 2019).

Glaubius v. State, 688 So. 2d 913 (Fla. 1997). “Section 775.089, Florida Statutes (1993), [1] governs restitution of victims and provides in pertinent part as follows: (1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1.”

Schuette v. State, 822 So. 2d 1275 (Fla. 2002). “§ 775.089, Fla. Stat. (Supp.1992). In 1993, the Legislature amended this subsection of 775.”

Johnson v. State, 942 So. 2d 415 (Fla. 2d DCA 2006).

— 775.089(7)(b) — 2 cases

Tara Jeanine Tanksley v. State of Florida (Fla. 1st DCA 2025).

Chanthan Scott Khouleanghak v. State of Florida (Fla. 6th DCA 2025).

— 775.089(7)(c) — 5 cases

Michael Love v. State of Florida (Fla. 4th DCA 2022).

Linda Weinreber Barker v. State of Florida (Fla. 4th DCA 2022).

Tara Jeanine Tanksley v. State of Florida (Fla. 1st DCA 2025).

K. L. v. State of Florida (Fla. 2d DCA 2025).

Allen Christopher Jones v. State of Florida (Fla. 4th DCA 2026).

— 775.089(8) — 28 cases

Paterno v. Fernandez, 569 So. 2d 1349 (Fla. 3d DCA 1990).

Sun Chevrolet, Inc. v. Crespo, 613 So. 2d 105 (Fla. 3d DCA 1993).

Bd. of Regents v. Taborsky, 648 So. 2d 748 (Fla. 2d DCA 1994).

State v. Keirn, 720 So. 2d 1085 (Fla. 4th DCA 1998).

— 775.089(8)(a) — 1 case

Wencel v. State, 768 So. 2d 494 (Fla. 4th DCA 2000).

— 775.089(9) — 1 case

Starr Tyme, Inc. v. Cohen, 659 So. 2d 1064 (Fla. 1995).

— 775.089(b) — 1 case

Bain v. State, 559 So. 2d 106 (Fla. 4th DCA 1990).

— 775.089(d) — 1 case

Ianieri v. State, 84 So. 3d 1263 (Fla. 4th DCA 2012).

— 775.089(l)(a) — 76 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.089, Fla. Stat. (2011). In the trial court's determination, it must consider the amount of the loss sustained by the victim, see id.”

& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016). “” § 775.089(1)(a), Fla. Stat. (2010); see also § 775.”

J.O.S. v. State, 689 So. 2d 1061 (Fla. 1997).

Hunter v. State, 48 So. 3d 174 (Fla. 4th DCA 2010).

— 775.089(l)(a)(2) — 1 case

T.J.N. v. State, 977 So. 2d 770 (Fla. 2d DCA 2008).

— 775.089(l)(a)(l) — 2 cases

T.J.N. v. State, 977 So. 2d 770 (Fla. 2d DCA 2008).

Perry v. State, 852 So. 2d 938 (Fla. 2d DCA 2003).

— 775.089(l)(b) — 8 cases

Bogert v. State, 834 So. 2d 392 (Fla. 5th DCA 2003).

L.S. v. State, 593 So. 2d 296 (Fla. 5th DCA 1992).

State v. Castro, 965 So. 2d 216 (Fla. 3d DCA 2007).

Longshore v. State, 655 So. 2d 1139 (Fla. 5th DCA 1995).

State v. Shinall, 899 So. 2d 1219 (Fla. 1st DCA 2005).

— 775.089(l)(b)(2) — 2 cases

R.A.B. v. State, 932 So. 2d 1227 (Fla. 2d DCA 2006).

G.C. v. State, 944 So. 2d 1099 (Fla. 2d DCA 2006).

— 775.089(l)(b)(l) — 1 case

Payne v. State, 873 So. 2d 621 (Fla. 2d DCA 2004).

— 775.089(l)(c) — 16 cases

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Catoe v. State, 618 So. 2d 784 (Fla. 5th DCA 1993).

A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996).

P.H. v. State, 774 So. 2d 728 (Fla. 2d DCA 2000).

Brown v. State, 645 So. 2d 1066 (Fla. 1st DCA 1994).

— 775.089(l)(e) — 3 cases

Koile v. State, 934 So. 2d 1226 (Fla. 2006). “§ 775.089, Fla. Stat. (2003) (emphasis added).”

Vereen v. State, 703 So. 2d 1193 (Fla. 4th DCA 1997).

Mason v. State, 824 So. 2d 338 (Fla. 4th DCA 2002).

— 775.089(ll)(b) — 1 case

Schlosser v. State, 602 So. 2d 628 (Fla. 2d DCA 1992).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.