Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 985.437 | Lawyer Caselaw & Research
F.S. 985.437 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 985.437

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
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 from cite.case.law:

S. S. a v. STATE, 261 So. 3d 704 (Fla. App. Ct. 2018)

. . . Section 985.437(2), Florida Statutes (2017), provides that a court may order a child to pay restitution . . .

M. P. v. STATE, 256 So. 3d 231 (Fla. App. Ct. 2018)

. . . ." § 985.437(2), Fla. Stat. (2016). . . . See § 985.437(2) ; K.T.M v. . . . child or his or her parent(s) or guardian(s) can be reasonably expected to both pay and make, see § 985.437 . . . State, 163 So.3d 598, 601 (Fla. 3d DCA 2015) ("The cases discussing and interpreting section 985.437 . . . See § 985.437(2) ; L.W., 163 So.3d at 601 n.2 (noting that the restitution process applicable to juvenile . . .

A. J. S. v. STATE, 235 So. 3d 1007 (Fla. Dist. Ct. App. 2017)

. . . A trial court may order a juvenile to pay restitution pursuant to section 985.437(2), Florida Statutes . . .

DAVIS, v. STATE, 218 So. 3d 890 (Fla. Dist. Ct. App. 2017)

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

E. G. a v. STATE, 180 So. 3d 1152 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2014); see § 985.437, Fla. Stat. (2014); A.G. v. . . . proceeding under section 39.054(l)(f), Florida Statutes (1995), the predecessor to current section 985.437 . . .

L. W. a v. STATE, 163 So. 3d 598 (Fla. Dist. Ct. App. 2015)

. . . court ordered that L.W. pay $321.61 in restitution in $30 monthly installments pursuant to section 985.437 . . . Subsection 985.437(2) of the Florida Statutes states: The court may order the child to make restitution . . . exceed an amount the child and the parent or guardián could reasonably be expected to pay or make. § 985.437 . . . The cases discussing and interpreting section 985.437 universally require the trial court to make a factual . . .

J. C. v. STATE, 159 So. 3d 969 (Fla. Dist. Ct. App. 2015)

. . . .” § 985.437, Fla. Stat. (2013). . . .

J. R. v. STATE, 141 So. 3d 780 (Fla. Dist. Ct. App. 2014)

. . . See § 985.437(2), Fla. Stat. (2013); M.W.G. v. State, 945 So.2d 597, 601 (Fla. 2d DCA 2006). . . .

S. S. a C. T. a v. STATE, 122 So. 3d 499 (Fla. Dist. Ct. App. 2013)

. . . The juveniles also argue that the court did not comply with section 985.437(2), Florida Statutes, when . . . Section 985.437(2), Florida Statutes, provides that in the context of juvenile delinquency proceedings . . . The juveniles did not raise the non-compliance with section 985.437(2) until they filed post-disposition . . . imposed any restitution requirements on the parents, such as cosigning a note as set forth in section 985.437 . . .

S. S. a v. STATE, 95 So. 3d 411 (Fla. Dist. Ct. App. 2012)

. . . Our case law is fairly consistent in the interpretation of section 985.437, Florida Statutes (2011), . . .

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . inform the victim of the victim’s right to request and receive restitution pursuant to s. 775.089 or s. 985.437 . . . Sections 985.437 and 985.0301, Florida Statutes (2011), pertain to restitution ordered in the juvenile . . .

J. A. A v. STATE, 46 So. 3d 1191 (Fla. Dist. Ct. App. 2010)

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

M. B. a v. STATE, 30 So. 3d 658 (Fla. Dist. Ct. App. 2010)

. . . . § 985.437(2), Fla. . . .

J. A. B. v. STATE, 25 So. 3d 554 (Fla. 2010)

. . . Likewise, section 985.437(2), Florida Statutes (2009), provides in pertinent part: “When restitution . . . Stat. (2005); see also § 985.437(2), Fla. Stat. (2009) (same). . . . Stat. (2005) (emphasis added); see also § 985.437(2), Fla. Stat. (2009). . . . Stat. (2005) (emphasis added); § 985.437(2), Fla. . . . effect at the time J.A.B. committed the battery, has been amended and renumbered as sections 985.435, 985.437 . . .

C. A. M. A v. STATE, 24 So. 3d 1274 (Fla. Dist. Ct. App. 2009)

. . . .” § 985.437(2), Fla. Stat. (2009); M.W.G. v. State, 945 So.2d 597 (Fla. 2d DCA 2006). . . .

L. R. L. v. STATE, 9 So. 3d 714 (Fla. Dist. Ct. App. 2009)

. . . .” § 985.437(2), Fla. Stat. (2007). . . .

J. A. B. v. STATE, 993 So. 2d 1150 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2005); see also § 985.437(2), Fla. Stat. (2007). . . . A similar provision now appears in section 985.437(2), Florida Statutes (2007), which became effective . . .

C. Y. a v. STATE, 989 So. 2d 1235 (Fla. Dist. Ct. App. 2008)

. . . Section 985.437(2), Florida Statutes, provides that the amount of restitution in a juvenile case “may . . .

T. J. N. v. STATE, 977 So. 2d 770 (Fla. Dist. Ct. App. 2008)

. . . . § 985.437(2), Fla. . . .

B. H. v. STATE, 971 So. 2d 288 (Fla. Dist. Ct. App. 2008)

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

K. T. M, v. STATE, 969 So. 2d 542 (Fla. Dist. Ct. App. 2007)

. . . Section 985.231(1)(a)(1)(a), Florida Statutes (2003), has been amended and transferred to section 985.437 . . .