Florida Statute 985.437 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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 CourtListener

Amendments to 985.437

Annotations, Discussions, Cases:

Cases Citing Statute 985.437

Total Results: 40

TJN v. State

977 So. 2d 770, 2008 WL 818808

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 550940

Cited 7 times | Published

" § 985.231(1)(a)(6), Fla. Stat. (2005); cf. § 985.437(2), Fla. Stat. (2006) (containing similar provisions

JAB v. State

993 So. 2d 1150, 2008 WL 4790946

District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 469444

Cited 5 times | Published

231(1)(a)(1)(a), Fla. Stat. (2005); see also § 985.437(2), Fla. Stat. (2007). It is well established

S.S. v. State

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

District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234710

Cited 4 times | Published

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

KTM v. State

969 So. 2d 542, 2007 WL 4180870

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1725931

Cited 3 times | Published

(2003), has been amended and transferred to section 985.437, Florida Statutes (2006). See Ch. 2006-120

L.R.L. v. State

9 So. 3d 714, 2009 Fla. App. LEXIS 3241

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 60309075

Cited 2 times | Published

damage or loss caused by the child’s offense.” § 985.437(2), Fla. Stat. (2007). The statute applicable

M.P. v. State

256 So. 3d 231

District Court of Appeal of Florida | Filed: Sep 21, 2018 | Docket: 64690135

Cited 1 times | Published

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

L.W. v. State

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

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 60247713

Cited 1 times | Published

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

J.A.B. v. State

25 So. 3d 554, 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 60287600

Cited 1 times | Published

the time of J.A.M.’s offense.2 *558Likewise, section 985.437(2), Florida Statutes (2009), provides in pertinent

JAB v. State

25 So. 3d 554, 2010 WL 26540

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 2409830

Cited 1 times | Published

time of J.A.M.'s offense.[2]*558 Likewise, section 985.437(2), Florida Statutes (2009), provides in pertinent

CAM v. State

24 So. 3d 1274, 2009 WL 5152363

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2568573

Cited 1 times | Published

could reasonably be expected to pay or make." § 985.437(2), Fla. Stat. (2009); M.W.G. v. State, 945 So

LRL v. State

9 So. 3d 714, 2009 WL 1033757

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1220639

Cited 1 times | Published

damage or loss caused by the child's offense." § 985.437(2), Fla. Stat. (2007). The statute applicable

J.A.B. v. State

993 So. 2d 1150, 2008 Fla. App. LEXIS 16973

District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 64856343

Cited 1 times | Published

231(1)(a)(1)(a), Fla. Stat. (2005); see also § 985.437(2), Fla. Stat. (2007). It is well established

K.T.M. v. State

969 So. 2d 542, 2007 Fla. App. LEXIS 18719

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 64853149

Cited 1 times | Published

(2003), has been amended and transferred to section 985.437, Florida Statutes (2006). See Ch. 2006-120

K. L. v. State of Florida

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472152

Published

(quoting Gilileo, 923 So. 3d at 614). Section 985.437(2)(b), Florida Statutes (2023), allows the

A. L. W. v. State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864089

Published

2013). Juvenile restitution is governed by section 985.437, Florida Statutes (2023), while criminal restitution

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

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68008432

Published

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

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

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689373

Published

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

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620301

Published

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

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436371

Published

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

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

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436371

Published

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

S.S. v. State

261 So. 3d 704

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700827

Published

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

S.S. v. State

261 So. 3d 704

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700826

Published

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

M. P. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 21, 2018 | Docket: 7913117

Published

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

A.J.S. v. State

235 So. 3d 1007

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 60286091

Published

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

A.J.S. v. State

235 So. 3d 1007

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 60286091

Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019349

Published

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

L.W. v. State

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2647542

Published

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

J.C. v. State

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

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246721

Published

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

J.R. v. State

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

District Court of Appeal of Florida | Filed: Jul 11, 2014 | Docket: 60242033

Published

reasonably 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

District Court of Appeal of Florida | Filed: Jul 11, 2014 | Docket: 379360

Published

reasonably 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

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

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311214

Published

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

J.A. v. State

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

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60296151

Published

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

M.B. v. State

30 So. 3d 658, 2010 Fla. App. LEXIS 3345

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 60289452

Published

significantly related to the defendant’s offense. § 985.437(2), Fla. Stat. (2009) (authorizing court to order

MB v. State

30 So. 3d 658, 2010 WL 934097

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1431976

Published

significantly related to the defendant's offense. § 985.437(2), Fla. Stat. (2009) (authorizing court to order

C.A.M. v. State

24 So. 3d 1274, 2009 Fla. App. LEXIS 20525

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 60287260

Published

could reasonably be expected to pay or make.” § 985.437(2), Fla. Stat. (2009); M.W.G. v. State, 945 So

C.Y. v. State

989 So. 2d 1235, 2008 Fla. App. LEXIS 13836

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 64855674

Published

the juvenile’s ability to earn and to pay. Section 985.437(2), Florida Statutes, provides that the amount

CY v. State

989 So. 2d 1235, 2008 WL 4146850

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1665370

Published

the juvenile's ability to earn and to pay. Section 985.437(2), Florida Statutes, provides that the amount

T.J.N. v. State

977 So. 2d 770, 2008 Fla. App. LEXIS 4371

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 64854269

Published

” § 985.231(l)(a)(6), Fla. Stat. (2005); cf. § 985.437(2), Fla. Stat. (2006) (containing similar provisions

B.H. v. State

971 So. 2d 288, 2008 Fla. App. LEXIS 256

District Court of Appeal of Florida | Filed: Jan 11, 2008 | Docket: 64853523

Published

First, the trial court failed to comply with section 985.437(2), Florida Statutes (2006), by not determining

BH v. State

971 So. 2d 288, 2008 WL 108989

District Court of Appeal of Florida | Filed: Jan 11, 2008 | Docket: 425757

Published

First, the trial court failed to comply with section 985.437(2), Florida Statutes (2006), by not determining