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Florida Statute 775.089 | Lawyer Caselaw & Research
F.S. 775.089 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.089
775.089 Restitution.
(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for:
1. Damage or loss caused directly or indirectly by the defendant’s offense; and
2. Damage or loss related to the defendant’s criminal episode,

unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960. Payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution to the Crimes Compensation Trust Fund, unless specifically waived in accordance with subparagraph (b)1.

(b)1. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in this section, it shall state on the record in detail the reasons therefor.
2. An order of restitution entered as part of a plea agreement is as definitive and binding as any other order of restitution, and a statement to such effect must be made part of the plea agreement. A plea agreement may contain provisions that order restitution relating to criminal offenses committed by the defendant to which the defendant did not specifically enter a plea.
(c) The term “victim” as used in this section and in any provision of law relating to restitution means:
1. Each person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant’s offense or criminal episode, and also includes the victim’s estate if the victim is deceased, and the victim’s next of kin if the victim is deceased as a result of the offense. The term includes governmental entities and political subdivisions, as those terms are defined in s. 11.45, when such entities are a direct victim of the defendant’s offense or criminal episode and not merely providing public services in response to the offense or criminal episode.
2. The term also includes the victim’s trade association if the offense is a violation of s. 540.11(3)(a)3. involving the sale, or possession for purposes of sale, of physical articles and the victim has granted the trade association written authorization to represent the victim’s interests in criminal legal proceedings and to collect restitution on the victim’s behalf. The restitution obligation in this subparagraph relating to violations of s. 540.11(3)(a)3. applies only to physical articles and does not apply to electronic articles or digital files that are distributed or made available online. As used in this subparagraph, the term “trade association” means an organization founded and funded by businesses that operate in a specific industry to protect their collective interests.
(2)(a) When an offense has resulted in bodily injury to a victim, a restitution order entered under subsection (1) shall require that the defendant:
1. Pay the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.
2. Pay the cost of necessary physical and occupational therapy and rehabilitation.
3. Reimburse the victim for income lost by the victim as a result of the offense.
4. In the case of an offense which resulted in bodily injury that also resulted in the death of a victim, pay an amount equal to the cost of necessary funeral and related services.
(b) When an offense has not resulted in bodily injury to a victim, a restitution order entered under subsection (1) may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(3)(a) The court may require that the defendant make restitution under this section within a specified period or in specified installments.
(b) The end of such period or the last such installment shall not be later than:
1. The end of the period of probation if probation is ordered;
2. Five years after the end of the term of imprisonment imposed if the court does not order probation; or
3. Five years after the date of sentencing in any other case.
(c) Notwithstanding this subsection, a court that has ordered restitution for a misdemeanor offense shall retain jurisdiction for the purpose of enforcing the restitution order for any period, not to exceed 5 years, that is pronounced by the court at the time restitution is ordered.
(d) If not otherwise provided by the court under this subsection, restitution must be made immediately.

If the restitution ordered by the court is not made within the time period specified, the court may continue the restitution order through the duration of the civil judgment provision set forth in subsection (5) and as provided in s. 55.10.

(4) If a defendant is placed on probation or paroled, complete satisfaction of any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation, and the Florida Commission on Offender Review may revoke parole, if the defendant fails to comply with such order.
(5) An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with s. 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant. If civil enforcement is necessary, the defendant shall be liable for costs and attorney’s fees incurred by the victim in enforcing the order.
(6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense.
(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate.
(7)(a) While the primary purpose of restitution is to compensate the victim, it also serves the rehabilitative and deterrent goals of the criminal justice system.
(b) Restitution must be determined on a fair market value basis unless the state, victim, or defendant 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.
(c) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The court may consider hearsay evidence for this purpose, provided it finds that the hearsay evidence has a minimal indicia of reliability. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney. The burden of demonstrating the present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.
(8) The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery.
(9) When a corporation or unincorporated association is ordered to make restitution, the person authorized to make disbursements from the assets of such corporation or association shall pay restitution from such assets, and such person may be held in contempt for failure to make such restitution.
(10)(a) Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment.
(b) The restitution obligation is not subject to discharge in bankruptcy, whether voluntary or involuntary, or to any other statutory or common-law proceeding for relief against creditors.
(11)(a) The court may order the clerk of the court to collect and dispense restitution payments in any case.
(b) The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision.
(12)(a) Issuance of income deduction order with an order for restitution.
1. Upon the entry of an order for restitution, the court shall enter a separate order for income deduction if one has not been entered.
2. The income deduction order shall direct a payor to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant’s obligation.
3. The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.
4. When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:
a. All fees or interest which shall be imposed.
b. The total amount of income to be deducted for each pay period.
c. That the income deduction order applies to current and subsequent payors and periods of employment.
d. That a copy of the income deduction order will be served on the defendant’s payor or payors.
e. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.
f. That the defendant is required to notify the clerk of court within 7 days after changes in the defendant’s address, payors, and the addresses of his or her payors.
(b) Enforcement of income deduction orders.
1. The clerk of court or probation officer shall serve an income deduction order and the notice to payor on the defendant’s payor unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.
2.a. Service by or upon any person who is a party to a proceeding under this subsection shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.
b. Service upon the defendant’s payor or successor payor under this subsection shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.
3. The defendant, within 15 days after having an income deduction order entered against him or her, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed. The timely request for a hearing shall stay the service of an income deduction order on all payors of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.
4. The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:
a. Require the payor to deduct from the defendant’s income the amount specified in the income deduction order and to pay that amount to the clerk of court.
b. Instruct the payor to implement the income deduction order no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on the payor.
c. Instruct the payor to forward within 2 days after each payment date to the clerk of court the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.
d. Specify that, if a payor fails to deduct the proper amount from the defendant’s income, the payor is liable for the amount the payor should have deducted plus costs, interest, and reasonable attorney’s fees.
e. Provide that the payor may collect up to $5 against the defendant’s income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter.
f. State that the income deduction order and the notice to payor are binding on the payor until further notice by the court or until the payor no longer provides income to the defendant.
g. Instruct the payor that, when he or she no longer provides income to the defendant, the payor shall notify the clerk of court and shall also provide the defendant’s last known address and the name and address of the defendant’s new payor, if known, and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
h. State that the payor shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
i. Inform the payor that, when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of court, the payor may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.
j. Inform the payor that if the payor receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.
5. The clerk of court shall enforce income deduction orders against the defendant’s successor payor who is located in this state in the same manner prescribed in this subsection for the enforcement of an income deduction order against an original payor.
6. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
7. When a payor no longer provides income to a defendant, the payor shall notify the clerk of court and shall provide the defendant’s last known address and the name and address of the defendant’s new payor, if known. A payor who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation.
History.s. 1, ch. 77-150; s. 288, ch. 79-400; s. 5, ch. 84-363; s. 2, ch. 88-96; s. 38, ch. 88-122; s. 10, ch. 89-526; s. 2, ch. 92-107; s. 1, ch. 93-37; s. 3, ch. 93-69; s. 19, ch. 94-342; s. 1, ch. 95-160; s. 1187, ch. 97-102; s. 1, ch. 99-358; s. 1, ch. 2012-17; s. 13, ch. 2014-191; s. 1, ch. 2015-132; s. 1, ch. 2021-172.

F.S. 775.089 on Google Scholar

F.S. 775.089 on Casetext

Amendments to 775.089


Arrestable Offenses / Crimes under Fla. Stat. 775.089
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.089.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TOLBERT, v. STATE, 268 So. 3d 947 (Fla. App. Ct. 2019)

. . . State , 688 So.2d 913, 915 (Fla. 1997) (referencing § 775.089(1)(a) ). . . . Williams , the Florida Supreme Court noted that section 775.089(1)(a)'s "directly or indirectly" limitation . . . damages that "would have occurred with or without" the offense. 520 So.2d 276, 277 (Fla. 1988) (" Section 775.089 . . . criminal conduct caused" "would raise significant due process concerns regard the validity of section 775.089 . . . . § 775.089(1)(a), Fla. Stat. . . . . § 775.089(7), Fla. Stat. . . . See § 775.089 (1)(a), Fla. . . .

TOOLE, v. STATE, 270 So. 3d 371 (Fla. App. Ct. 2019)

. . . Section 775.089(7), Florida Statutes, provides: Any dispute as to the proper amount or type of restitution . . . Three, the burden of proof is preponderance of the evidence. § 775.089(7), Fla. Stat. (2018). . . . : A CALL TO THE LEGISLATURE TO REVISE SECTION 775.089, FLORIDA STATUTES, GOVERNING RESTITUTION * * * . . . Specifically, the court recommended adding the following language to section 775.089(7) : "The court . . . Stat. § 775.089(6)(a) (2014). Russell v. . . .

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

. . . This statute has been interpreted similarly to the adult restitution statute, section 775.089(1)(a), . . .

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

. . . , ability to pay is considered in enforcement proceedings after the court orders restitution, see § 775.089 . . . State, 993 So.2d 1150, 1152 (Fla. 2d DCA 2008) (en banc) (noting that section 775.089(6) previously required . . .

ROBINSON, v. STATE, 256 So. 3d 217 (Fla. App. Ct. 2018)

. . . See §§ 775.089(1)(c)1., 938.27(8), Fla. Stat. (2015). . . .

SAINVIL, v. STATE, 248 So. 3d 148 (Fla. App. Ct. 2018)

. . . (citing § 775.089(6), Fla. Stat. (1993) ). . . .

SILKY, v. STATE, 238 So. 3d 810 (Fla. App. Ct. 2017)

. . . ." § 775.089(1)(a), Fla. Stat. (2017). . . .

KUMAR, v. C. PATEL,, 227 So. 3d 557 (Fla. 2017)

. . . For example, sections 772.14 and 775.089(8), Florida Statutes, expressly restrict the doctrine of mutuality . . .

JAMES, v. STATE, 223 So. 3d 288 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 775.089(l)(a), Florida Statutes (2013), a defendant must pay restitution for damage . . .

PARAGUE, v. STATE, 222 So. 3d 567 (Fla. Dist. Ct. App. 2017)

. . . With regard to the trial court’s imposition of restitution, section 775.089, Florida Statutes (2015), . . . the amount of the loss sustained by a victim as a result of the offense is on the state attorney. § 775.089 . . .

STATE v. SANDOMENO,, 217 So. 3d 110 (Fla. Dist. Ct. App. 2017)

. . . Section 775.089(l)(a), Florida Statutes (2015) provides that “the court shall order the defendant to . . . “Section 775.089(l)(a) requires the trial court to order a defendant to make restitution for damage or . . .

A. J. A. a v. STATE, 215 So. 3d 639 (Fla. Dist. Ct. App. 2017)

. . . See § 775.089(7), Fla. Stat. (2016); Santana v. State, 795 So.2d 1112, 1113 (Fla. 5th DCA 2001). . . .

JOHNSON, v. STATE, 207 So.3d 1030 (Fla. Dist. Ct. App. 2017)

. . . Appellant argues that pursuant to section 775.089, Florida Statutes (2013), the trial court erred in . . . But section 775.089(7), Florida Statutes (2013), provides in relevant part that “[a]ny dispute as to . . .

HOLT, v. STATE, 220 So. 3d 455 (Fla. Dist. Ct. App. 2016)

. . . State, 139 So.3d 458, 459 (Fla. 1st DCA 2014); § 775.089(7), Fla. Stat. . . .

NOEL, v. STATE v., 191 So. 3d 370 (Fla. 2016)

. . . . § 775.089(l)(a), Fla. Stat. (2010); see also § 775.089(6)(a), Fla. . . . restitution order, trial courts are required to consider the defendant’s- financial resources. - See § 775.089 . . . See § 775.089(6), Fla. . . .

J. CURTIS, v. STATE, 187 So. 3d 947 (Fla. Dist. Ct. App. 2016)

. . . Section 775.089, Florida Statutes, requires the trial court to consider the amount of loss and the defendant . . . ’s ability to pay. § 775.089(6)(a)-(b), Fla. . . .

STATE v. RICHARD,, 197 So. 3d 1097 (Fla. Dist. Ct. App. 2016)

. . . (k) An order denying restitution under s. 775.089. . . .

LATHAM, v. STATE, 185 So. 3d 686 (Fla. Dist. Ct. App. 2016)

. . . Defense counsel cited the general restitution.statute, section 775.089(l)(a), Florida Statutes (2012) . . . The general restitution statute, section 775.089, includes similar language. . . . ALTENBERND and KHOUZAM, JJ„ Concur. .Section 775.089 provides: (l)(a) In addition to any punishment, . . . 775.089(1)(c) contains a definition of “vi.ctim” that, by its terms, appears to apply to restitution . . . Section 775.089(1)(c) states that "[t]he term ‘victim’ as used in this section and in any provision of . . .

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

. . . . § 775.089(7), Fla. Stat. (2014); see § 985.437, Fla. Stat. (2014); A.G. v. . . . to current section 985.437, “is treated the same as restitution in adult proceedings under section 775.089 . . .

J. STROUT, v. STATE, 180 So. 3d 1052 (Fla. Dist. Ct. App. 2015)

. . . Section 775.089, Florida Statutes, requires a defendant to make restitution to a victim for “[djamage . . . by the defendant’s offense,” and “[d]amage or loss related to' the defendant’s criminal episode.” § 775.089 . . . injury or death as a direct or indirect result of the defendant’s offense or criminal episode ....”§ 775.089 . . .

STATE v. TOMASHESKI,, 168 So. 3d 248 (Fla. Dist. Ct. App. 2015)

. . . It argues the trial court should have used the “significant relationship” test under section 775.089( . . . Section 775.089, Florida Statutes (2012), provides the answer to the first question: (l)(a) In addition . . . defendant’s criminal episode, unless it finds clear and compelling reasons not to order such restitution. § 775.089 . . . Section 775.089(7) further provides that “[a]ny dispute as to the proper amount or type of restitution . . . shall be resolved by the court by the preponderance of the evidence.” § 775.089(7), Fla. . . .

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

. . . . § 775.089(6)(b), Fla. Stat. (2014); Del Valle v. State, 80 So.3d 999, 1006-07 (Fla.2011). . . .

WHITE, v. STATE, 190 So. 3d 99 (Fla. Dist. Ct. App. 2015)

. . . restitution must be imposed at sentencing or within sixty days thereafter, in accordance with Section 775.089 . . .

S. M. v. STATE, 159 So. 3d 966 (Fla. Dist. Ct. App. 2015)

. . . Hawthorne, 573 So.2d at 333 (quoting section 775.089(6), Fla. Stat. (1987)). . . .

STATE v. MADDEX,, 159 So. 3d 267 (Fla. Dist. Ct. App. 2015)

. . . Under section 924.07(1)(k), the State may appeal “[a]n order denying restitution under s. 775.089.” § . . .

K. R. a v. STATE, 155 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . Section 775.089(7), Florida Statutes (2012), states: “Any dispute as to the proper amount or type of . . .

SCHENK, v. STATE, 150 So. 3d 275 (Fla. Dist. Ct. App. 2014)

. . . . § 775.089(7), Fla. Stat. (2013). “Restitution must be proved by substantial competent evidence.” . . . thereby leading to an unjust result, the court recommended that “our state legislature revisit section 775.089 . . .

VASQUEZ, v. STATE, 162 So. 3d 117 (Fla. Dist. Ct. App. 2014)

. . . restitution must be imposed at sentencing or within sixty days thereafter, in accordance with Section 775.089 . . .

PRINZ, v. STATE, 149 So. 3d 65 (Fla. Dist. Ct. App. 2014)

. . . Section 775.089, Florida Statutes (2010), which governs restitution, provides that “the court shall order . . . ’s criminal episode, unless it finds clear and convincing reasons not to order such restitution.” § 775.089 . . . The State has the burden of, showing any amount of loss by a preponderance of the evidence. § 775.089 . . .

R. PHILLIPS, v. STATE, 141 So. 3d 702 (Fla. Dist. Ct. App. 2014)

. . . Based on the foregoing, we recommend that our state legislature revisit section 775.089, Florida Statutes . . . We recommend the following underlined revision to section 775.089(7): Any dispute as to the proper amount . . .

ELMER, v. STATE, 140 So. 3d 1132 (Fla. Dist. Ct. App. 2014)

. . . See § 775.089(2)(c), Fla. . . .

DJR, a v. STATE, 139 So. 3d 458 (Fla. Dist. Ct. App. 2014)

. . . Childers, 979 So.2d 412, 414 (Fla. 1st DCA 2008); § 775.089(7), Fla. Stat. . . .

PROFESSIONAL ROOFING AND SALES, INC. v. FLEMMINGS,, 138 So. 3d 524 (Fla. Dist. Ct. App. 2014)

. . . For example, sections 772.14 and 775.089 of the Florida Statutes aid crime victims in obtaining a civil . . . judgment or decree would be an estoppel as if the plaintiff had been a party in the criminal action. 775.089 . . . Stat. (2014); § 775.089(8), Fla. Stat (2014) (emphasis supplied); see J & P Transp., Inc. v. . . . Co. of N.Y., 750 So.2d 752, 753 (Fla. 5th DCA 2000) (recognizing that sections 772.14 and 775.089(8) . . . Fui'thermore, as noted by the Florida Supreme Court, sections 775.089(8) and 772.14 did not abolish the . . .

STATE v. DAVIS,, 133 So. 3d 1101 (Fla. Dist. Ct. App. 2014)

. . . Sanderson, 625 So.2d 471 (Fla.1993); § 775.089, Fla. . . .

J. W. A. a v. STATE, 128 So. 3d 912 (Fla. Dist. Ct. App. 2013)

. . . Victims of crime in Florida are entitled to restitution, § 775.089, Florida Statutes, the award of which . . . Childers, 979 So.2d 412, 415 (Fla. 1st DCA 2008) (citing section 775.089(7), Florida Statutes (2007)) . . . The State’s statutory burden to prove restitution is the preponderance of the evidence standard. § 775.089 . . . See § 775.089, Fla. Stat. . . .

NOEL, v. STATE, 127 So. 3d 769 (Fla. Dist. Ct. App. 2013)

. . . To that end, trial courts are required by our restitution statute, section 775.089, Florida Statutes, . . . The majority also cites section 775.089(6), Florida Statutes, as authority for the trial court’s ability . . . However, section 775.089(6) applies when the trial court orders restitution as a condition of probation . . . Section 775.089(6) relieves a trial court from having to determine a defendant’s ability to pay when . . . Section 775.089(5), Florida Statutes, authorizes the state or the victim to enforce an order of restitution . . . See § 775.089(6)(a), Fla. Stat. (2010); Del Valle v. State, 80 So.3d 999, 1006 (Fla.2011). . . . See § 775.089(l)(a), Fla. . . . See § 775.089(5), Fla. Stat. (2010). . . . See § 775.089(12)(a), Fla. Stat. (2010). . . . Section 775.089(6)(a), Florida Statutes (2010), provides that “in determining whether to order restitution . . . the defendant’s offense” and for “[djamage or loss related to the defendant’s criminal episode.” § 775.089 . . . Where ordered, restitution is a mandatory condition of probation or parole. § 775.089(4), Fla. . . . Del Valle, 80 So.3d at 1006; see § 775.089(6), Fla. Stat. (1993). . . .

D. E. M. a v. STATE, 109 So. 3d 1229 (Fla. Dist. Ct. App. 2013)

. . . .” § 775.089(l)(a)l.-2., Fla. Stat. (2011). . . . .” § 775.089(6)(a). . . . . § 775.089(7). We review the restitution order for an abuse of discretion. Bennett v. . . .

ANGRY, v. STATE, 102 So. 3d 767 (Fla. Dist. Ct. App. 2012)

. . . The appellant challenges a restitution order which was entered pursuant to section 775.089, Florida Statutes . . .

DAGERATH, v. STATE, 100 So. 3d 1260 (Fla. Dist. Ct. App. 2012)

. . . Section 775.089(1)(a), Florida Statutes (2010), provides, in pertinent part: In addition to any punishment . . . defendant’s criminal episode, unless it finds clear and compelling reasons not to order such restitution. § 775.089 . . .

FERNANDEZ, v. STATE, 98 So. 3d 730 (Fla. Dist. Ct. App. 2012)

. . . Section 775.089(7), Florida Statutes (2008), provides that for purposes of restitution the burden to . . .

G. ANTON, v. STATE, 92 So. 3d 876 (Fla. Dist. Ct. App. 2012)

. . . that the trial court had the authority to enter civil liens and income deduction orders under section 775.089 . . . Two statutory provisions must be applied for proper resolution of this case: section 775.089(3), which . . . Prior to October 1, 1993, section 775.089(3) required immediate payment unless the court ordered otherwise . . . Prior to October 1, 1993, section 775.089(5) provided: “An order of restitution may be enforced by the . . . Effective October 1, 1993, the legislature amended section 775.089(5) to read: (5) An order of restitution . . .

IANIERI, v. STATE, 84 So. 3d 1263 (Fla. Dist. Ct. App. 2012)

. . . Section 775.089(3)(c), Florida Statutes, provides that a trial court has jurisdiction to enforce restitution . . . , to be paid within a certain period or in installments. § 775.089(3)(c), Fla. . . . If the court does not otherwise provide a time period, “restitution must be made immediately.” § 775.089 . . . consider the financial resources of the defendant” in making determinations regarding restitution. § 775.089 . . .

WILCOX, v. STATE, 79 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . The trial court’s order found that the lien was permissible under section 775.089, Florida Statutes. . . . State, 944 So.2d 488, 492 (Fla. 5th DCA 2006) (Sawaya, J., concurring) (explaining that section 775.089 . . .

BIANCHINI, v. STATE, 77 So. 3d 247 (Fla. Dist. Ct. App. 2012)

. . . .” § 775.089(l)(a)1.2., Fla. Stat. (2005). . . .

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

. . . See § 775.089, Fla. Stat. (2011). . . . , the amount of damage or loss sustained by the victim, see id. § 775.089(7). . . . See § 775.089(5); see also Sims v. State, 637 So.2d 21, 23 (Fla. 4th DCA 1994). . . . .” § 775.089(6)(b). . . . See id. § 775.089(5)-(6); see also Banks v. . . . Stat. (2011)); (2) when the State or the victim attempts to enforce the restitution order (§ 775.089( . . . To the contrary, section 775.089(6)(a), Florida Statutes (2011), provides: “The court, in determining . . . Section 775.089(6), Florida Statutes (1995), provides that ability to pay shall be considered at the . . . or s. 985.437, and of the victim’s rights of enforcement under ss. 775.089(6) and 985.0301 [] in the . . . Section 775.089(7), Florida Statutes, discusses the applicable burdens: Any dispute as to the proper . . .

M. P. v. STATE, 66 So. 3d 1055 (Fla. Dist. Ct. App. 2011)

. . . See § 775.089(l)(a), Fla. Stat. (2009). . . .

FAURISMA, v. STATE, 61 So. 3d 497 (Fla. Dist. Ct. App. 2011)

. . . See § 775.089(7), Fla. Stat. (2009); Iaconetti, 869 So.2d at 700. Reversed and remanded. . . .

K. N. a v. STATE, 61 So. 3d 1258 (Fla. Dist. Ct. App. 2011)

. . . See § 775.089(1)(b)(2) (“A plea agreement may contain provisions that order restitution relating to criminal . . . defendant’s offense” and whether that “[d]amage or loss related to the defendant’s criminal episode.” § 775.089 . . . To order restitution under section 775.089, the State must prove that the loss or damage for which the . . . See § 775.089(7), Fla. Stat. (2010); Watson v. State, 699 So.2d 835, 836 (Fla. 3d DCA 1997). . . . See § 775.089(1)(b)(2) (“A plea agreement may contain provisions that order restitution relating to criminal . . .

GRIFFIS, v. FLORIDA FISH WILDLIFE CONSERVATION COMMISSION,, 57 So. 3d 929 (Fla. Dist. Ct. App. 2011)

. . . coverage as a “penalty,” because it was ordered as “restitution” under the general provisions of section 775.089 . . .

DOMINGUEZ, Jr. v. MIAMI- DADE COUNTY,, 416 F. App'x 884 (11th Cir. 2011)

. . . awarding it $21,705.00 on its state law counterclaims for civil theft and conversion under §§ 772.11 and 775.089 . . .

REDDEN, III, v. STATE, 56 So. 3d 79 (Fla. Dist. Ct. App. 2011)

. . . See § 775.089(7), Fla. Stat. (2007); Gilileo v. State, 923 So.2d 612, 614 (Fla. 2d DCA 2006). . . .

STATE v. COHN,, 51 So. 3d 610 (Fla. Dist. Ct. App. 2011)

. . . . § 775.089(l)(a), Fla. Stat. (2009). . . . . § 775.089(8). . . . remand for further proceedings to determine the amount of restitution in accordance with the statute. § 775.089 . . .

HUNTER, v. STATE, 48 So. 3d 174 (Fla. Dist. Ct. App. 2010)

. . . Section 775.089, Florida Statutes, permits a trial court to order a defendant to make restitution for . . . damages or losses caused by the defendant’s offense. § 775.089(l)(a), Fla. . . . by the preponderance of the evidence the loss sustained by the victim as a result of the offense. § 775.089 . . .

L. SCHUMMER, v. STATE, 46 So. 3d 1229 (Fla. Dist. Ct. App. 2010)

. . . See § 775.089(8), Fla. Stat. . . . But pursuant to section 775.089(8) and the final judgment in the civil proceedings, Appellant is entitled . . .

J. STANLEY, v. STATE, 42 So. 3d 330 (Fla. Dist. Ct. App. 2010)

. . . s attorney argues that the Florida Crimes Compensation Fund is not a “victim” as defined in section 775.089 . . . injury or death as a direct or indirect result of the defendant’s offense or criminal episode ....”§ 775.089 . . . We do not decide in this case whether a government agency is a “person” for purposes of section 775.089 . . . 1997) (holding sheriffs department did not meet the statutory definition of “victim” under section 775.089 . . .

CUMMINGS, v. STATE, 39 So. 3d 555 (Fla. Dist. Ct. App. 2010)

. . . Section 775.089, Florida Statutes (2008), provides as follows: (l)(a) In addition to any punishment, . . .

GONZALEZ, v. STATE, 40 So. 3d 86 (Fla. Dist. Ct. App. 2010)

. . . The trial court awarded restitution as follows: At this point, the Statute 775.089 requires the Court . . .

W. MYERS, v. STATE, 37 So. 3d 978 (Fla. Dist. Ct. App. 2010)

. . . judge shall amend the sentencing documents to reflect that pursuant to the 1989 version of section 775.089 . . .

STATE v. SHIELDS,, 31 So. 3d 281 (Fla. Dist. Ct. App. 2010)

. . . See § 775.089(7), Fla. Stat. (2008); Hector v. State, 784 So.2d 1207, 1208 (Fla. 2d DCA 2001). . . . See Hector, 784 So.2d at 1208 (citing § 775.089(6)(b), Fla. Stat. (2000), and Pickett v. . . .

JOHNSON, v. STATE, 27 So. 3d 211 (Fla. Dist. Ct. App. 2010)

. . . Section 775.089(2)(a), Florida Statutes (2008), permits restitution for a victim’s psychological care . . .

STATE v. FORD,, 27 So. 3d 725 (Fla. Dist. Ct. App. 2010)

. . . White, 755 So.2d 830, 832 (Fla. 5th DCA 2000); see § 775.089, Fla. . . .

CANERDAY, v. STATE, 37 So. 3d 272 (Fla. Dist. Ct. App. 2010)

. . . . § 775.089(7), Fla. Stat. (2007); Glaubius v. State, 688 So.2d 913, 916 (Fla.1997). . . . See § 775.089(7). Thus, the trial court erred in including the $1275.58 in the restitution award. . . .

COOKS, v. STATE, 23 So. 3d 863 (Fla. Dist. Ct. App. 2009)

. . . . § 775.089(7), Fla. Stat. . . .

C. CARTER, v. STATE, 23 So. 3d 1238 (Fla. Dist. Ct. App. 2009)

. . . Section 775.089(l)(a), Florida Statutes (2007), requires that a court “order the defendant to make restitution . . . “Subsections 775.089(6) and (7) require a hearing! . . . See § 775.089(6)(b), Fla. Stat. (2007); Filmore v. State, 656 So.2d 535 (Fla. 4th DCA 1995). . . .

DOMINGUEZ, Jr. v. MIAMI- DADE COUNTY,, 669 F. Supp. 2d 1340 (S.D. Fla. 2009)

. . . Section 775.089(8), Florida Statutes, provides: The conviction of a defendant for an offense involving . . .

G. M. H. v. STATE, 18 So. 3d 728 (Fla. Dist. Ct. App. 2009)

. . . Section 775.089, Florida Statutes (2007), provides, in pertinent part, as follows: (6)(a) The court, . . .

J. CHERRY, v. STATE, 15 So. 3d 774 (Fla. Dist. Ct. App. 2009)

. . . Eight and one-half months later, the trial court entered a restitution order under section 775.089(5) . . . Section 775.089(l)(a) provides, in pertinent part: In addition to any punishment, the court shall order . . . See § 775.089(7); Glaubius, 688 So.2d at 915; Bellot v. . . .

RITCH, v. STATE, 14 So. 3d 1104 (Fla. Dist. Ct. App. 2009)

. . . . § 775.089(7), Fla. Stat. (2005). . . . indirectly, some loss “related to the defendant's criminal episode" of dealing in stolen property. § 775.089 . . . Section 775.089, Florida Statutes (2005), provides in part: (l)(a) In addition to any punishment, the . . .

SAMUELS, v. STATE, 11 So. 3d 413 (Fla. Dist. Ct. App. 2009)

. . . order of restitution as to the cost of medical insurance was contemplated and permitted by section 775.089 . . .

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

. . . .” § 775.089(l)(a), Fla. Stat. (2007). . . .

E. D. B. a v. STATE, 5 So. 3d 787 (Fla. Dist. Ct. App. 2009)

. . . The terms of the restitution order are subject to s. 775.089(5). . . . Further, “[t]he terms of the restitution order are subject to [section] 775.089(5),” Florida Statutes . . . Section 775.089(5) addresses the mechanism for enforcement of a restitution order: An order of restitution . . . Reading sections 985.0301(5)(i) and 775.089(5) together, we conclude that costs, interests, penalties . . . interest, costs and attorney’s fees associated with the enforcement of a restitution order under section 775.089 . . .

C. M. S. v. STATE, 997 So. 2d 520 (Fla. Dist. Ct. App. 2008)

. . . See § 775.089(l)(a), Fla. . . .

J. C. v. STATE, 3 So. 3d 346 (Fla. Dist. Ct. App. 2008)

. . . See § 775.089(7), Fla. . . .

McCLINTOCK, v. STATE, 995 So. 2d 1147 (Fla. Dist. Ct. App. 2008)

. . . The State argues that under section 775.089(3) of the Florida Statutes the trial court possessed jurisdiction . . . Section 775.089(3) provides in relevant part: 775.089. . . . duration of the civil judgment provision set forth in subsection (5) and as provided in s. 55.10. § 775.089 . . .

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

. . . issues involved, but this court has previously looked to the general restitution statute for adults, § 775.089 . . . Section 775.089(7) provides that the court must determine restitution based upon a preponderance of the . . . Notably, although section 775.089(6) previously required a court ordering restitution in an adult case . . . Stat. (1993), subsections 775.089(6)(a) and (b) now require the court to consider only the amount of . . . Indeed, the opinion in Bain was based upon the prior version of section 775.089(6), which required the . . .

SIMS, v. STATE, 998 So. 2d 494 (Fla. 2008)

. . . We reasoned that section 775.089(1)(a), Florida Statutes (2001), which states that restitution shall . . .

SEBASTIANO, v. SCLAFANI, LLC,, 984 So. 2d 673 (Fla. Dist. Ct. App. 2008)

. . . crime victim is entitled to pursue both a criminal restitution award and a civil damages award, section 775.089 . . .

G. DIAZ, v. ANDY,, 987 So. 2d 698 (Fla. Dist. Ct. App. 2008)

. . . Section 775.089(8), Florida Statutes (2006), provides in part: "An order of restitution hereunder will . . . crime victim is entitled to pursue both a criminal restitution award and a civil damages award, section 775.089 . . .

STATE v. CHILDERS,, 979 So. 2d 412 (Fla. Dist. Ct. App. 2008)

. . . See § 775.089(1)(a), Fla. Stat.; Glaubius v. State, 688 So.2d 913, 915 (Fla.1997). . . . See § 775.089(1)(a)1.-2., Fla. Stat. . . . reasons for denying restitution, and providing “clear and compelling reasons not to order restitution.” § 775.089 . . . convictions; reversed the trial court’s ruling that the county was not a “victim” for purposes of section 775.089 . . . rests with the state to prove the amount of the victim’s loss by the greater weight of the evidence. § 775.089 . . .

ALBERTIE, v. STATE, 979 So. 2d 1086 (Fla. Dist. Ct. App. 2008)

. . . See § 775.089(l)(c), Fla. . . . Section 775.089(l)(c) provides: The term "victim” as used in this section and in any provision of law . . .

S. KITTELSON, v. STATE, 980 So. 2d 533 (Fla. Dist. Ct. App. 2008)

. . . . § 775.089(l)(a), Fla. Stat. (2007). . . . . § 775.089(l)(b)(l), Fla. Stat. (2007). . . .

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

. . . The general statute governing restitution awards, section 775.089, Florida Statutes (2006), provides . . . See § 775.089(l)(a)(l) (providing for restitution for “[d]amage or loss caused directly or indirectly . . . See § 775.089(l)(a)(2) (providing for restitution for “[djamage or loss related to the defendant’s criminal . . .

MALARKEY, v. STATE, 975 So. 2d 538 (Fla. Dist. Ct. App. 2008)

. . . Section 775.089(l)(a), Florida Statutes (2005), provides that the court may order a defendant to make . . .

SCHNEIDER, v. STATE, 972 So. 2d 1079 (Fla. Dist. Ct. App. 2008)

. . . Section 775.089(l)(a), Florida Statutes (2006), provides that: In addition to any punishment, the court . . . physical injury or death as a direct or indirect result of the defendant’s offense or criminal episode_” § 775.089 . . . See § 775.089(l)(a), Fla. Stat. (2006); Bernard, v. State, 859 So.2d 560 (Fla. 5th DCA 2003). . . . I disagree with the far too narrow application of section 775.089 and therefore dissent. . . .

SORIANO, v. STATE, 968 So. 2d 112 (Fla. Dist. Ct. App. 2007)

. . . . § 775.089(l)(a), Fla. Stat. . . . . § 775.089(7), Fla. Stat. . . .

RODRIGUEZ, v. STATE, 964 So. 2d 833 (Fla. Dist. Ct. App. 2007)

. . . the deputy’s injuries and restitution for the cost of his medical treatment was proper under section 775.089 . . .

L. BELLOT, v. STATE, 964 So. 2d 857 (Fla. Dist. Ct. App. 2007)

. . . . § 775.089(l)(a), Fla. Stat. (2005). . . . Pay the cost of necessary physical and occupational therapy and rehabilitation. § 775.089(2)(a). . . . State, 902 So.2d 822, 824 (Fla. 5th DCA 2005); see also § 775.089(7). . . . State, 688 So.2d 913, 915 (Fla.1997) (citing § 775.089(7)). . . . court in Schuette made it clear that, notwithstanding the relatively open-ended wording of section 775.089 . . .

STATE v. CASTRO,, 965 So. 2d 216 (Fla. Dist. Ct. App. 2007)

. . . Section 775.089, Florida Statutes (2006), states, in relevant part: (l)(a) In addition to any punishment . . . does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089 . . . Given the statutory requirements of both sections 775.089 and 948.03 that restitution be imposed absent . . . See Section 775.089(7), Florida Statutes (2006).- See also Hitchmon, 678 So.2d at 463 (Fla. 3d DCA 1996 . . . See Section 775.089(l)(b)l. Reversed and remanded. SHEPHERD, J., concurs. . . . . In the absence of any such evidence, the trial court denied restitution pursuant to section 775.089(7 . . . the most “clear and compelling” reasons for a trial court not to award a request for restitution. § 775.089 . . . establishing by a preponderance of the evidence the amount it and/or the victim seeks in. restitution. § 775.089 . . .

I. M. a v. STATE, 958 So. 2d 1014 (Fla. Dist. Ct. App. 2007)

. . . Under section 775.089(6), Florida Statutes (2005), the defendant’s ability to pay must be determined . . .

PETERSON, v. THERMA BUILDERS, INC. d b a, 958 So. 2d 977 (Fla. Dist. Ct. App. 2007)

. . . es-topped from denying her liability to Ther-ma Builders in the civil action by operation of section 775.089 . . . s finding that Peterson was liable to Therma Builders in the civil action was predicated on section 775.089 . . . Under section 775.089(8), a defendant who is convicted in a criminal proceeding for the conduct that . . . Thus, by operation of section 775.089(8), Peterson was estopped in this civil action from denying that . . . the issue of liability in a civil theft action is properly decided by summary judgment when section 775.089 . . .

A. M. v. STATE, 958 So. 2d 461 (Fla. Dist. Ct. App. 2007)

. . . Section 775.089, Florida Statutes (2004), requires that a court order a defendant to pay restitution . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 951 So. 2d 804 (Fla. 2007)

. . . the victim pursuant to sections 985.201(4)(c-)985.0301(5)(i), 98538⅛⅛½£⅝ 985.231(l)(a)9985.437, and 775.089 . . .

CONNOR, v. STATE, 944 So. 2d 488 (Fla. Dist. Ct. App. 2006)

. . . I will conclude by noting that the preamble to section 775.089, Florida Statutes, states, “[T]he criminal . . . To protect the rights of crime victims, the Legislature enacted section 775.089 to make payment of restitution . . .

G. C. v. STATE, 944 So. 2d 1099 (Fla. Dist. Ct. App. 2006)

. . . When established by a preponderance of the evidence, § 775.089(7), Fla. . . . directly or indirectly by the defendant’s offense” and “related to the defendant’s criminal episode,” § 775.089 . . . See § 775.089(l)(b)(2) (“A plea agreement may contain provisions that order restitution relating to criminal . . .

J. SMITH, v. STATE, 941 So. 2d 479 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 775.089, Florida Statutes (2005), a defendant shall be ordered to make restitution . . . In a case such as this one, where the defendant’s crime resulted in the victim’s death, section 775.089 . . . Pursuant to section 775.089(7), Florida Statutes (2005), when there is a dispute as to the amount of . . .

MAURER, v. STATE, 939 So. 2d 234 (Fla. Dist. Ct. App. 2006)

. . . protect the rights of the innocent crime victim by proper application of the provisions of section 775.089 . . . ’s criminal episode, unless it finds clear and compelling reasons not to order such restitution.” § 775.089 . . . For example, in 1984 when the Legislature amended section 775.089 to include the provisions at issue, . . . In 1992, the Legislature amended section 775.089 slightly, and in the bill amending the statute specifically . . . This analysis led the court to conclude that the main purpose of section 775.089 is to guarantee that . . .

JOHNSON, v. STATE, 942 So. 2d 415 (Fla. Dist. Ct. App. 2006)

. . . Section 775.089(7), Florida Statutes (2004), in pertinent part provides: Any dispute as to the proper . . . motion, Johnson argued only that the State failed to comply with the statutory hearing requirement. § 775.089 . . .

R. A. B. v. STATE, 932 So. 2d 1227 (Fla. Dist. Ct. App. 2006)

. . . and was not required to bear a significant relationship to the convicted offense pursuant to section 775.089 . . . record does not establish that restitution was a condition of R.A.B.’s plea agreement, and section 775.089 . . . Pursuant to section 775.089(l)(b)(2), Florida Statutes (2005), "A plea agreement may contain provisions . . .

KOILE, v. STATE, 934 So. 2d 1226 (Fla. 2006)

. . . on the following questions, which the court certified to be of great public importance: DOES SECTION 775.089 . . . DOES SECTION 775.089, FLORIDA STATUTES (2003), AUTHORIZE A RESTITUTION AWARD FOR THE ESTATE OF A MURDER . . . Section 775.089 states in pertinent part: (1)(a) In addition to any punishment, the court shall order . . . See § 775.089(l)(c), Fla. Stat. (2003) (defining the term “victim”). . . . Reimburse the victim for income lost by the victim as a result of the offense. § 775.089, Fla. . . . This is consistent with the way section 775.089 has always been applied in our courts. . . . Section 775.089(1)(c) specifies that “[t]he term ‘victim’ ... includes the victim’s estate if the victim . . . as well as restitution for lost income as “next of kin” under the majority’s construction of section 775.089 . . . Instead, the Legislature’s intent should be determined from the two subsections of section 775.089 that . . . Section 775.089(6)(a) requires trial courts to consider only the victim’s loss in deciding whether to . . .

CHILDERS, v. STATE, 936 So. 2d 619 (Fla. Dist. Ct. App. 2006)

. . . other decisions on the question of whether a county may be a “victim” as that term is used in section 775.089 . . .