Florida Statutes
Fla. Stat. § 985.437 (2025)
Restitution.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 39
cases (4 in the last 5 years), 2007–2025 · leading case: L.W. v. State, 163 So. 3d 598 (Fla. 3d DCA 2015).
L.W. v. State, 163 So. 3d 598 (Fla. 3d DCA 2015). “61 in restitution in monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window had been broken during the course of the burglary and made the restitution a condition of L.”
J.A.B. v. State, 25 So. 3d 554 (Fla. 2010). “(2005); see also § 985.437(2), Fla. Stat. (2009) (same). The issue in this case is whether the statute prohibits setting a date certain for restitution payments to begin and, if not, whether the setting of a date certain is inconsistent with the statute’s requirement that the…”
M.P. v. State, 256 So. 3d 231 (Fla. 2d DCA 2018). “3d DCA 2015) ("The cases discussing and interpreting section 985.437 universally require the trial court to make a factual finding that the child and/or his parent or guardian could reasonably be expected to pay the amount of the loss at the time the restitution is imposed, not…”
J.A.B. v. State, 993 So. 2d 1150 (Fla. 2d DCA 2008). “The juvenile statute, however, continues to provide that restitution “may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.”
S.S. v. State, 122 So. 3d 499 (Fla. 4th DCA 2013). “The juveniles also argue that the court did not comply with section 985.437(2), Florida Statutes, when it failed to make any findings that the juveniles had the ability to pay the restitution amount.”
T.J.N. v. State, 977 So. 2d 770 (Fla. 2d DCA 2008). “§ 985.437(2), Fla. Stat. (2006) (containing similar provisions and enacted in 2006 but not effective until January 1, 2007, after the date of the offenses in this case).”
K.T.M. v. State, 969 So. 2d 542 (Fla. 2d DCA 2007). “231(1)(a)(1)(a), Florida Statutes (2003), has been amended and transferred to section 985.437, Florida Statutes (2006).”
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “§ 46b140(d) (ability to pay); Fla. Stat. Ann. § 985.437 (2) (ability to pay); Md.”
L.R.L. v. State, 9 So. 3d 714 (Fla. 2d DCA 2009). “” § 985.437(2), Fla. Stat. (2007). The statute applicable to adults provides that restitution is properly awarded for “[djamage or loss caused directly or indirectly by the defendant’s offense” and “[djamage or loss *716 related to the defendant’s criminal episode.”
J.A. v. State, 46 So. 3d 1191 (Fla. 5th DCA 2010). “2d DCA 2009) (quoting § 985.437(2), Fla. Stat. (2007)). Accordingly, we reverse the restitution order and remand this cause for further proceedings.”
C.Y. v. State, 989 So. 2d 1235 (Fla. 4th DCA 2008). “Section 985.437(2), Florida Statutes, provides that the amount of restitution in a juvenile case “may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.”
JAB v. State, 25 So. 3d 554 (Fla. 2010). “(2005); see also § 985.437(2), Fla. Stat. (2009) (same). The issue in this case is whether the statute prohibits setting a date certain for restitution payments to begin and, if not, whether the setting of a date certain is inconsistent with the statute's requirement that the…”
— 985.437(1) — 1 case
A. L. W. v. State of Florida (Fla. 2d DCA 2025).
— 985.437(2) — 30 cases
J.A.B. v. State, 25 So. 3d 554 (Fla. 2010). “(2005); see also § 985.437(2), Fla. Stat. (2009) (same). The issue in this case is whether the statute prohibits setting a date certain for restitution payments to begin and, if not, whether the setting of a date certain is inconsistent with the statute’s requirement that the…”
J.A.B. v. State, 993 So. 2d 1150 (Fla. 2d DCA 2008). “The juvenile statute, however, continues to provide that restitution “may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.”
S.S. v. State, 122 So. 3d 499 (Fla. 4th DCA 2013). “The juveniles also argue that the court did not comply with section 985.437(2), Florida Statutes, when it failed to make any findings that the juveniles had the ability to pay the restitution amount.”
M.P. v. State, 256 So. 3d 231 (Fla. 2d DCA 2018). “3d DCA 2015) ("The cases discussing and interpreting section 985.437 universally require the trial court to make a factual finding that the child and/or his parent or guardian could reasonably be expected to pay the amount of the loss at the time the restitution is imposed, not…”
L.W. v. State, 163 So. 3d 598 (Fla. 3d DCA 2015). “61 in restitution in monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window had been broken during the course of the burglary and made the restitution a condition of L.”
— 985.437(2)(a) — 1 case
S.L.L., A Child v. State of Florida (Fla. 1st DCA 2024).
— 985.437(2)(b) — 3 cases
S.L.L., A Child v. State of Florida (Fla. 1st DCA 2024).
K. L. v. State of Florida (Fla. 2d DCA 2025).
State of Florida v. P.c.l., a Child (Fla. 4th DCA 2022).
— 985.437(2)(c) — 1 case
A. L. W. v. State of Florida (Fla. 2d DCA 2025).
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