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Florida Statute 944.512 | Lawyer Caselaw & Research
F.S. 944.512 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 944.512

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.512
944.512 State lien on proceeds from literary or other type of account of crime for which convicted.
(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.
(2) The proceeds of such account shall be distributed in the following order:
(a) Twenty-five percent to the dependents of the convicted felon. If there are no dependents, this portion shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards for crime victims.
(b) Twenty-five percent to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceedings. If there are no victims or dependents, or if their damages are less than 25 percent of the proceeds, this portion, or its remainder, shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.
(c) After payments have been made pursuant to paragraph (a) or paragraph (b), an amount equal to pay all court costs in the prosecution of the convicted felon, which shall include, but not be limited to, jury fees and expenses, court reporter fees, and reasonable per diem for the prosecuting attorneys for the state, shall go to the General Revenue Fund. Additional costs shall be assessed for the computed per capita cost of imprisonment or supervision by the state or county correctional system. Such costs shall be determined and certified by the prosecuting attorney and the imprisoning entity and subject to review by the Auditor General.
(d) The rest, residue, and remainder to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.
(3) A judge may place a lien prior in dignity to all others in favor of the state or county upon any financial settlement payable to or accruing to a convicted offender or person on her or his behalf, as a result of injury incurred during or at the time of a violation of the state law, or as a result of an attempt to flee apprehension for the offense for which the offender was convicted. A conviction is defined as in subsection (1). The lien shall be attached by order of the judge at the time of the conviction in county or circuit court. In the event of an appeal, the funds shall be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.
(4) The proceeds of such account shall be distributed in the following order:
(a) Payment of all medical care, treatment, hospitalization, and transportation resulting from said injury.
(b) Payment to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceeding.
(c) Payment of all court costs in the prosecution of the convicted felon, which shall include, but not be limited to, jury fees and expense, court reporter fees, and reasonable per diem for the prosecuting attorneys and public defenders.
(d) Payment of cost of incarceration in state or county facilities.
(e) The rest, residue, remainder to the injured party.
(5) The department is hereby authorized and directed to report to the Department of Legal Affairs the existence or reasonably expected existence of circumstances which would be covered by this section. Upon such notification, the Department of Legal Affairs is authorized and directed to take such legal action as is necessary to perfect and enforce the lien created by this section.
History.ss. 1, 2, 3, ch. 77-45; s. 73, ch. 79-3; s. 302, ch. 79-400; s. 8, ch. 88-96; s. 18, ch. 90-211; s. 1653, ch. 97-102; s. 130, ch. 2001-266.

F.S. 944.512 on Google Scholar

F.S. 944.512 on Casetext

Amendments to 944.512


Arrestable Offenses / Crimes under Fla. Stat. 944.512
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.512.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROLLING, v. STATE A. BUTTERWORTH, W., 741 So. 2d 627 (Fla. Dist. Ct. App. 1999)

. . . of Rolling’s personal property and against his other personal property on the grounds that section 944.512 . . . Pursuant to section 944.512, Florida Statutes, in Count I of the complaint and sections 960.29 through . . . Thus, we need not address appellants’ challenges to the constitutionality of 944.512. . . . State, 630 So.2d 635 (Fla. 1st DCA 1994) (striking temporary injunction issued under section 944.512 . . . Section 944.512(1) provides as follows: A lien prior in dignity to all others shall exist in favor of . . .

ROLLING, v. STATE, 655 So. 2d 230 (Fla. Dist. Ct. App. 1995)

. . . of the trial court, which purported to grant a “lien” in a closed criminal case based upon section 944.512 . . . to Rolling as a result of his criminal activities in Marion County, the constitutionality of section 944.512 . . . We decline to enter an advisory opinion as to the constitutionality of section 944.512. QUASHED. . . .

ROLLING, v. STATE A. BUTTERWORTH, W., 630 So. 2d 635 (Fla. Dist. Ct. App. 1994)

. . . of the proceeds obtained from any recounting of a crime, issued pursuant to Florida Statutes section 944.512 . . . The first of these is the constitutional invalidity of section 944.512, based upon a theory that this . . . constitutional muster, what county or counties would be the proper venue(s) for seeking the lien under section 944.512 . . .

SHAW Is v. STATE A. BUTTERWORTH,, 616 So. 2d 1094 (Fla. Dist. Ct. App. 1993)

. . . corporation, seeking to enforce a lien against any proceeds of the sale of his videotape under section 944.512 . . .