What it means
In addition to punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the offense and damage or loss related to the criminal episode, unless it finds clear and compelling reasons not to. If restitution is not ordered, or is ordered only in part, the court must state its reasons on the record (subsection (1)).
“Victim” includes each person who suffers property damage or loss, monetary expense, or physical injury or death as a result of the offense, the victim's estate if the victim is deceased, and the victim's next of kin if the victim died as a result of the offense (subsection (1)(c)1.). When an offense resulted in bodily injury that also resulted in death, the order must require payment of the cost of necessary funeral and related services (subsection (2)(a)4.).
An order of restitution may be enforced by the state, or by a victim named in the order, in the same manner as a civil judgment. The unpaid amount bears interest under § 55.03 and, when properly recorded, becomes a lien on real estate owned by the defendant (subsection (5)). The obligation is not subject to discharge in bankruptcy (subsection (10)(b)). Restitution is set off against any later independent civil recovery (subsection (8)).
- The court shall order restitution unless it finds clear and compelling reasons not to, and it states its reasons on the record (§ 775.089(1)(a)-(b)).
- “Victim” includes the victim's estate if the victim is deceased and the next of kin if the victim died as a result of the offense (§ 775.089(1)(c)1.).
- When bodily injury results in death, the order must cover the cost of necessary funeral and related services (§ 775.089(2)(a)4.).
- The order may be enforced in the same manner as a civil judgment; the unpaid amount bears interest and, when properly recorded, becomes a lien on the defendant's real estate (§ 775.089(5)).
- The conviction estops the defendant from denying the essential allegations in a later civil proceeding, and restitution is set off against later independent civil recovery (§ 775.089(8)).
- The restitution obligation is not subject to discharge in bankruptcy (§ 775.089(10)(b)).
Text of the statute (2026)
(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.
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.
(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.
(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.
(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.
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 775.089.
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.
How it applies
When a crime victim has died, the definition of victim includes the victim's estate and, if the death resulted from the offense, the victim's next of kin, so the restitution order may run to them. A victim named in the order may enforce it like a civil judgment, including by recording it as a lien on the defendant's real estate. Because restitution is set off against later civil recovery under subsection (8), a parallel civil action for the same conduct, such as one under § 772.11, accounts for amounts already paid.
Where this shows up
Pages on this site where § 775.089 does real work:
Questions people ask
Sources
- Fla. Stat. § 775.089 (2026) (“the victim’s estate if the victim is deceased” Definition of victim.)
- Fla. Stat. § 772.11 (2026) (“Punitive damages may not be awarded under this section.” Related civil remedy.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.