Florida Statutes

Fla. Stat. § 948.032 (2025)

Condition of probation; restitution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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948.032 Condition of probation; restitution.If a defendant is placed on probation, any restitution ordered under s. 775.089 shall be a condition of the probation. The court may revoke probation if the defendant fails to comply with the order. In determining whether to revoke probation, the court shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.
History.s. 5, ch. 84-363; s. 11, ch. 93-37.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1988–2024 · leading case: Del Valle v. State, 80 So. 3d 999 (Fla. 2011).
Del Valle v. State, 80 So. 3d 999 (Fla. 2011). · cites it 20× “" § 948.032, Fla. Stat. (2011). If the defendant fails to comply with the order, the court may revoke probation.”
Grice v. State, 528 So. 2d 1347 (Fla. 1st DCA 1988). · cites it 2× “03(1)(e), Florida Statutes, is further explained in Section 948.032, Florida Statutes, enacted in 1984, follows: 948.”
Smith v. State, 933 So. 2d 723 (Fla. 2d DCA 2006). · cites it 2× “See § 948.032, Fla. Stat. (2004). In this case, there was no willful nonpayment by Mr.”
Anthony v. State, 574 So. 2d 266 (Fla. 1st DCA 1991). · cites it 2× “" Section 948.032, Fla. Stat. (emphasis supplied).”
Daniels v. State, 581 So. 2d 970 (Fla. 5th DCA 1991). · cites it 2× “[3] See also section 948.032, Florida Statutes, which provides that if a defendant is placed on probation, any restitution ordered under section 775.”
State v. Peters, 604 So. 2d 539 (Fla. 4th DCA 1992). · cites it 2× “§ 948.032, Fla.Stat. (1991); Clark v. State, 510 So.”
Skipper v. State, 189 So. 3d 269 (Fla. 2d DCA 2016). · cites it 2× “at 1013; see also § 948.032, Fla. Stat. (2015). Moreover, the burden is on the State to present sufficient evidence to support a finding that the probationer-had.”
Jean Claude Noel v. State of Florida (Fla. 4th DCA 2024). · cites it 2× “(2021); § 948.032, Fla. Stat. (2021). Similarly, Conditions 8 and 9 are general conditions of probation because “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies” and “payment of any costs…”
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