The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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F.S. 951.033

951.033 Income and assets; payment of subsistence costs.—

(1) The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners. In addition to a prisoner’s cash account on deposit in local detention facilities, many prisoners have sources of income and assets outside of the facility, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources.

(2) The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs. In determining the financial status of prisoners, any income exempt by state or federal law shall be excluded. Consideration shall be given to the prisoner’s ability to pay, the liability or potential liability of the prisoner to the victim or guardian or the estate of the victim, and his or her dependents.

(3) The chief correctional officer of a local subdivision may direct a prisoner to pay for all or a fair portion of daily subsistence costs. A prisoner is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.

(4) An order from the chief correctional officer directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the sentenced prisoner.

(5) The chief correctional officer may seek payment for the prisoner’s subsistence costs from:

(a) The prisoner’s cash account on deposit at the facility; or

(b) A civil restitution lien on the prisoner’s cash account on deposit at the facility or on other personal property.

(6) If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner’s cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated.

History.—s. 21, ch. 96-312.

F.S. 951.033 on Google Scholar

F.S. 951.033 on Casetext

Amendments to 951.033

Arrestable Offenses / Crimes under Fla. Stat. 951.033

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 951.033.

Annotations, Discussions, Cases:

Cases from cite.case.law:

B. S. a D. L. S. v. STATE, 862 So. 2d 15 (Fla. Dist. Ct. App. 2003)

. . . Under section 951.033(2), Florida Statutes (2000), adult prisoners must pay for their subsistence costs . . . Cf. § 951.033(1) (stating legislative intent behind imposing costs on adult offenders “is an urgent need . . .

JOSEPH, v. HENDERSON,, 834 So. 2d 373 (Fla. Dist. Ct. App. 2003)

. . . challenge to the $20 booking fee imposed by the Hillsbor-ough County Sheriffs Office pursuant to section 951.033 . . . Section 951.033(1) states in part: “The Legislature finds that there is an urgent need to alleviate the . . . of charging a one-time uniform fee of $10 and a daily subsistence fee of $2 was proper under section 951.033 . . . conclude that Joseph’s rights were violated with respect to the sheriffs implementation of section 951.033 . . .

SOLOMOS, v. JENNE,, 820 So. 2d 941 (Fla. 2002)

. . . I agree' with the Fourth District Court of Appeal that section 951.033, Florida Statutes (2001), which . . . I recognize that section 951.033 allows local detention facilities flexibility in both determining inmates . . . Thus, I would retain jurisdiction and 'conclude that section 951.033, Florida Statutes is unconstitutional . . . Section 951.033 sets forth in pertinent part: (1) The Legislature finds that there is an urgent need . . .

SOLOMOS v. JENNE,, 776 So. 2d 953 (Fla. Dist. Ct. App. 2000)

. . . Prisoners, inmates at the Broward County Jail, assert, inter alio, that section 951.033, Florida Statutes . . . Section 951.033 provides: (1)The Legislature finds that there is an urgent need to alleviate the increasing . . . On the authority of section 951.033, the sheriff implemented Standard Operating Procedure (“SOP”) 1.2.12 . . . The federal district court interpreted section 951.033 in McLeod v. . . . The court also rejected the prisoner’s argument that the sheriff had violated section 951.033(2) by not . . .

C. JENNE, II, v. SOLOMOS,, 707 So. 2d 1203 (Fla. Dist. Ct. App. 1998)

. . . Plaintiff appellees seek to have section 951.033, Florida Statutes (1997), which provides that prisoners . . .

WILLIAMS Sr. v. ERGLE,, 698 So. 2d 1294 (Fla. Dist. Ct. App. 1997)

. . . . § 951.033, Fla. Stat. (Supp.1996). . . . Additionally, subsection (4) of section 951.033 provides that an order directing payment of a prisoner . . . The statute provides: 951.033. . . . prisoner who is reincarcerated within the county in which the civil restitution lien was originated. § 951.033 . . . On appeal, appellants challenge that, contrary to the requirements of section 951.033, they were not . . .

P. McCONNAUGHY, v. STATE, 684 So. 2d 851 (Fla. Dist. Ct. App. 1996)

. . . The statutory provision at issue appears to be section 951.033, Florida Statutes (1996 Supp.), which . . .