Last updated December 2025
When you’re charged with theft in Florida, the consequences go far beyond jail, probation, or a criminal record. Restitutionβcourt-ordered repayment to the alleged victimβis often one of the most important (and misunderstood) parts of a theft case. And while it may sound simple, restitution law in Florida is complex, frequently disputed, and sometimes used by prosecutors as leverage in plea negotiations.
Understanding how restitution works — and how it can be challenged — is critical to protecting yourself in any Florida theft case.
βοΈ What Is Restitution?
Restitution is court-ordered repayment for losses caused by a criminal act. In theft cases, this usually means the value of stolen or damaged property.
Under Florida Statute §775.089, restitution is:
Mandatory unless the judge states written reasons not to order it
A condition of probation in most theft cases
Based on actual loss, not speculation or βwish listβ values
Restitution may include:
The value of stolen property
Repair or replacement costs
Lost income (in limited circumstances)
Medical costs (when assault or injury is involved)
Costs directly caused by the criminal offense
But importantly: The State must prove the amount of loss by competent evidence, not assumptions.
π How Courts Calculate Restitution in Theft Cases
Restitution is not based on the retail price or what the victim wants β it must be tied to fair market value at the time of the offense.Β aluation disputes are especially common in grand theft cases, where prosecutors often push inflated replacement values instead of fair market value.
Courts may consider:
β Purchase price vs. current value
The original purchase receipt is not controlling; items depreciate.
β Depreciation
Electronics, tools, and vehicles lose value quickly.
β Repair costs vs. replacement costs
If repair is reasonable, the court may reject replacement claims.
β Market value
Comparable sales, appraisals, and expert testimony may be used.
β Insurance payments
Courts cannot order restitution for amounts covered by insurance unless specifically allowed.
β οΈ Common Disputes
Victims claim full replacement cost instead of market value
Prosecutors rely on unsupported numbers
Property value is inflated or based on new retail price
Repairs were not necessary or were performed at inflated rates
A skilled defense lawyer can challenge each of these.
π Restitution Hearings: What to Expect
If you dispute restitution, the judge may set a restitution hearing, where:
The State must present evidence of value
The defense can cross-examine witnesses
Experts or appraisers may testify
The judge decides the final amount
Unlike trial, the standard of proof is lower (“preponderance of the evidence”), but the State must still prove both value and causation.
π‘οΈ Can Restitution Be Challenged?
Absolutely. Restitution is one of the easiest areas to challenge in theft cases because the burden is on the State to justify the amount. In some cases, restitution can also be reduced or eliminated when the defense shows a lack of intent or that the alleged loss was not directly caused by criminal conduct.
A defense attorney may:
β Dispute Valuation
If the State can’t prove the item’s value through evidence (not speculation), the court can reduce or deny restitution.
β Challenge Causation
Restitution must arise directly from the offense. Courts often strike claims for:
Upgrades
Additional purchases
Unrelated losses
β Negotiate Payment Terms
Judges may allow:
Installment payments
Reduced amounts
Extended deadlines
Payment alternatives when appropriate
β Argue Inability to Pay
Florida law allows judges to consider ability to pay, especially where the proposed amount is unreasonable or unsupported.
β Address Insurance Overlap
Victims cannot collect a “double recovery.”
π Restitution vs. Fines: What’s the Difference?
Many defendants confuse restitution and fines, but they serve different purposes:
| Restitution | Fines |
|---|---|
| Compensates the victim | Punishment from the State |
| Amount varies based on actual losses | Set by statute |
| Often required for probation | Can be waived or reduced |
A defendant may owe both restitution and fines in Florida theft cases.
π Why Restitution Matters in Broward County
In Fort Lauderdale and across Broward County, restitution often determines:
Whether a judge grants probation or jail
Whether a plea deal is accepted
Whether early termination of probation is possible
Whether a violation of probation is filed later
Judges in Broward frequently emphasize restitution as a sign of accountability. Paying restitution early — or negotiating a reasonable amount — can drastically improve the outcome of a theft case.
π Learn more about our Theft & Fraud Defense services.
β Restitution FAQs for Florida Theft Cases
Q1: Is restitution mandatory in Florida theft cases?
Yes. Courts must order restitution unless there are written findings explaining why not.
Q2: How is restitution determined?
Usually by the fair market value of stolen or damaged property.
Q3: Can I negotiate restitution?
Yes. Your attorney may negotiate amounts or payment plans.
Q4: What happens if I don’t pay restitution?
You may face probation violations, extended sentences, or additional penalties.
Q5: Does restitution erase a theft conviction?
No. Restitution is part of sentencing but doesn’t erase the criminal record.