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: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: systemic rehabilitation and deterrence goals. § 985.437(2)(a), Fla. Stat. In a delinquency proceeding, …amount or manner to be determined by the court.” § 985.437(2)(b), Fla. Stat. This amount may include a victim…better furthers the purposes of restitution.” § 985.437(2)(b), Fla. Stat. But where lost income is not …value-based restitution award for lost wages under § 985.437(2)(b). See Cooper v. Paris, 413 So. 2d 772, 774

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: damage or loss caused by the child’s offense.” § 985.437(2), Fla. Stat. (2019). The sufficiency of evidence…could reasonably be expected to pay or make.” § 985.437(2)(b)–(c), Fla. Stat. (2019). While a court may…Fla. 4th DCA 2020); S.S., 122 So. 3d at 504; § 985.437(2), Fla. Stat. (2019). We affirm on all other issues

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: could reasonably be expected to pay or make.” § 985.437(2), Fla. Stat. (2019). “Although a child need…ability to pay. See S.S., 122 So. 3d at 504; § 985.437(2), Fla. Stat. Next, we address B.W.’s argument

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-12T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-12-14T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-12-14T00:00:00-08:00

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 OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-21T00:53:00-07:00

Snippet: manner to be determined by the court." § 985.437(2), Fla. Stat. (2016). When the trial court orders… reasonably be expected to pay or make. See § 985.437(2); K.T.M v. State, 969 So. 2d 542, 543 (Fla. 2d… -7- both pay and make, see § 985.437(2); L.W. v. State, 163 So. 3d 598, 601 (Fla. 3d…;The cases discussing and interpreting section 985.437 universally require the trial court to make a …in the criminal restitution proceeding. See § 985.437(2); L.W., 163 So. 3d at 601 n.2 (noting that the

M.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-21T00:00:00-07:00

Citation: 256 So. 3d 231

Snippet: manner to be determined by the court." § 985.437(2), Fla. Stat. (2016). When the trial court orders…could reasonably be expected to pay or make. See § 985.437(2) ; K.T.M v. State, 969 So.2d 542, 543 (Fla. 2d…reasonably expected to both pay and make, see § 985.437(2) ; L.W. v. State, 163 So.3d 598, 601 (Fla. 3d…;The cases discussing and interpreting section 985.437 universally require the trial court to make a factual… in the criminal restitution proceeding. See § 985.437(2) ; L.W., 163 So.3d at 601 n.2 (noting that the

A.J.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-27T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

Citation: 218 So. 3d 890

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: Fla. Dist. Ct. App. | Date Filed: 2015-12-09T00:00:00-08:00

Citation: 180 So. 3d 1152

Snippet: 775.089(7), Fla. Stat. (2014); see § 985.437, Fla. Stat. (2014); A.G. v. State, 718…Statutes (1995), the predecessor to current section 985.437, “is treated the same as restitution in adult proceedings

L.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:53:00-07:00

Snippet: in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window…contention, however, does have merit. Subsection 985.437(2) of the Florida Statutes states: The court…reasonably be expected to pay or make. § 985.437(2), Fla. Stat. (2014) (emphasis added). …The cases discussing and interpreting section 985.437 universally require the trial court to make a factual

L.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:00:00-07:00

Citation: 163 So. 3d 598

Snippet: in $30 monthly installments pursuant to section 985.437 of the Florida Statutes (2014) because the window…contention, however, does have merit. Subsection 985.437(2) of the Florida Statutes states: The court may…could reasonably be expected to pay or make. § 985.437(2), Fla. Stat. (2014) (emphasis added). The cases…cases discussing and interpreting section 985.437 universally require the trial court to make a factual

J.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 159 So. 3d 969

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

J.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-11T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-07-11T00:00:00-07:00

Citation: 141 So. 3d 780

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

S.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-02T00:00:00-07:00

Citation: 122 So. 3d 499

Snippet: argue that the court did not comply with section 985.437(2), Florida Statutes, when it failed to make any…expected to repay the amounts ordered.2 Section 985.437(2)3, Florida Statutes, provides that in the context… did not raise the non-compliance with section 985.437(2) until they filed post-disposition motions pursuant…such as cosigning a note as set forth in section 985.437(2), the trial court need not consider the parents

S.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-08T00:00:00-07:00

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: Fla. | Date Filed: 2011-12-15T00:00:00-08:00

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… So.2d 324 (Fla. 4th DCA 1991))). . Sections 985.437 and 985.0301, Florida Statutes (2011), pertain

J.A. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-05T00:00:00-07:00

Citation: 46 So. 3d 1191

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