Florida Statute 985.437 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.437

985.437 Restitution.—

(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing, order the child to make restitution in the manner provided in this section. This order shall be part of the probation program to be implemented by the department or, in the case of a committed child, as part of the community-based sanctions ordered by the court at the disposition hearing or before the child’s release from commitment.

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

(b) The court may order the child to make restitution in money, through a promissory note cosigned by the child’s parent or guardian, or in kind for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court. Restitution must be determined on a fair market value basis unless the state, victim, or child 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. The court may consider hearsay evidence for this purpose, provided it finds that the hearsay evidence has a minimal indicia of reliability.

(c) When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.

(3) The clerk of the circuit court shall be the receiving and dispensing agent. In such case, the court shall order the child or the child’s parent or guardian to pay to the office of the clerk of the circuit court an amount not to exceed the actual cost incurred by the clerk as a result of receiving and dispensing restitution payments. The clerk shall notify the court if restitution is not made, and the court shall take any further action that is necessary against the child or the child’s parent or guardian.

(4) A finding by the court, after a hearing, that the parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts absolves the parent or guardian of liability for restitution under this section.

(5) The court may retain jurisdiction over a child and the child’s parent or legal guardian whom the court has ordered to pay restitution until the restitution order is satisfied or until the court orders otherwise, as provided in s. 985.0301.

History.—s. 47, ch. 2006-120; s. 2, ch. 2021-172.

F.S. 985.437 on Google Scholar

F.S. 985.437 on Casetext

Amendments to 985.437

Arrestable Offenses / Crimes under Fla. Stat. 985.437

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.437.

Annotations, Discussions, Cases:

Cases Citing Statute 985.437

Total Results: 20

S.L.L., A Child v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-20

Snippet: systemic rehabilitation and deterrence goals. § 985.437(2)(a), Fla. Stat. In a delinquency proceeding,

STATE OF FLORIDA v. P.C.L., a Child

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: damage or loss caused by the child’s offense.” § 985.437(2), Fla. Stat. (2019). The sufficiency of evidence

B.W., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-12

Snippet: could reasonably be expected to pay or make.” § 985.437(2), Fla. Stat. (2019). “Although a child need

E.J.A., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-08-12

Snippet: damage or loss caused by the child’s offense.” § 985.437(2), Fla. Stat. (2019). This statute has been treated

S.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 261 So. 3d 704

Snippet: conveyance, and the damages actually sustained. Section 985.437(2), Florida Statutes (2017), provides that a court

S.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 261 So. 3d 704

Snippet: conveyance, and the damages actually sustained. Section 985.437(2), Florida Statutes (2017), provides that a court

M.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-09-21

Citation: 256 So. 3d 231

Snippet: amount or manner to be determined by the court." § 985.437(2), Fla. Stat. (2016). When the trial court orders

M. P. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-09-21

Snippet: manner to be determined by the court." § 985.437(2), Fla. Stat. (2016). When the trial court orders

A.J.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-27

Citation: 235 So. 3d 1007

Snippet: juvenile to pay restitution pursuant to section 985.437(2), Florida Statutes (2015), “for any damage* or

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 218 So. 3d 890, 2017 Fla. App. LEXIS 60

Snippet: discharge. 3. Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative

E.G., a child v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-12-09

Citation: 180 So. 3d 1152, 2015 Fla. App. LEXIS 18407

Snippet: 775.089(7), Fla. Stat. (2014); see § 985.437, Fla. Stat. (2014); A.G. v. State, 718

L.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Citation: 163 So. 3d 598, 2015 Fla. App. LEXIS 5035, 2015 WL 1578840

Snippet: in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window

L.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Snippet: in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window

J.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-03-13

Citation: 159 So. 3d 969, 2015 Fla. App. LEXIS 3612, 2015 WL 1088444

Snippet: restitution for “an adjudicated delinquent child.” § 985.437, Fla. Stat. (2013). The *971State has provided

J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-11

Citation: 141 So. 3d 780, 2014 WL 3377093, 2014 Fla. App. LEXIS 10611

Snippet: be expected to earn to pay restitution. See § 985.437(2), Fla. Stat. (2013); M.W.G. v. State, 945 So

J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-11

Snippet: be expected to earn to pay restitution. See § 985.437(2), Fla. Stat. (2013); M.W.G. v. State, 945 So

S.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-02

Citation: 122 So. 3d 499, 2013 WL 5450954, 2013 Fla. App. LEXIS 15520

Snippet: argue that the court did not comply with section 985.437(2), Florida Statutes, when it failed to make any

S.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-08

Citation: 95 So. 3d 411, 2012 WL 3194119, 2012 Fla. App. LEXIS 13050

Snippet: fairly consistent in the interpretation of section 985.437, Florida Statutes (2011), as requiring an ability-to-pay

Del Valle v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-15

Citation: 80 So. 3d 999, 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

Snippet: receive restitution pursuant to s. 775.089 or s. 985.437, and of the victim’s rights of enforcement under

J.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-05

Citation: 46 So. 3d 1191, 2010 Fla. App. LEXIS 16974, 2010 WL 4365513

Snippet: 9 So.3d 714, 715 (Fla. 2d DCA 2009) (quoting § 985.437(2), Fla. Stat. (2007)). Accordingly, we reverse