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Q: What is restitution?

A: When a defendant is sentenced for the commission of a crime, the court may order the defendant to pay back the court and the victim for the damage caused.  This requirement to pay is an equitable remedy known as restitution.  The court does not determine the amount of restitution based on the defendant’s ability to pay.  Rather, the court focuses on the amount of loss sustained by the victim as a result of the offense.  The state attorney has the burden of demonstrating the amount of loss sustained by the victim.  See Florida Statute 775.089. 

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