The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

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F.S. 945.31

945.31 Restitution and other payments.—The department may establish bank accounts outside the State Treasury for the purpose of collecting and disbursing restitution and other court-ordered payments from persons in its custody or under its supervision, and may collect an administrative processing fee in an amount equal to 4 percent of the gross amounts of such payments. Such administrative processing fee shall be deposited in the department’s Operating Trust Fund and shall be used to offset the cost of the department’s services. The department is authorized to deposit or transfer into the General Revenue Fund:

(1) Offender overpayments that are less than $10 at the end of the offender’s supervision.

(2) Offender funds that are not claimed within 1 year after supervision is terminated.

(3) Victim restitution payments that are not claimed within 1 year after the offender’s supervision is terminated.

(4) Interest earned on balances in the COPS bank accounts.

(5) Payments that cannot be identified and are not claimed within 1 year after they are received.

History.—s. 11, ch. 89-526; s. 14, ch. 93-120; s. 32, ch. 95-283; s. 5, ch. 98-388; s. 1, ch. 2003-136.

F.S. 945.31 on Google Scholar

F.S. 945.31 on Casetext

Amendments to 945.31

Arrestable Offenses / Crimes under Fla. Stat. 945.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.31.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 945.31(3), Florida Statutes (2010), authorizes the Department to transfer such unclaimed funds . . . legal issues that can be avoided if the Department simply follows the procedure established in section 945.31 . . .

GRIFFIS, v. STATE, 848 So. 2d 422 (Fla. Dist. Ct. App. 2003)

. . . restitution, fines, costs, and/or fees, plus a 4% administrative processing fee pursuant to section 945.31 . . .

POWELL, v. STATE, 681 So. 2d 722 (Fla. Dist. Ct. App. 1996)

. . . Also, because section 945.31, Florida Statutes (1993), authorizes the Florida Department of Corrections . . .

HARRIS, v. STATE, 593 So. 2d 1169 (Fla. Dist. Ct. App. 1992)

. . . in monthly payments of $160.00, together with a processing fee for each payment pursuant to section 945.31 . . . See § 945.31, Fla.Stat. (1989). . . . supervision of the Department of Corrections, assessment of a four percent processing fee pursuant to section 945.31 . . .