The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.17

960.17 Award constitutes debt owed to state.—

(1) Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have committed such criminal act. Such payment shall create an obligation of restitution in accordance with s. 775.089.

(2) The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.

(3) The Florida Commission on Offender Review shall make the payment of the debt to the state a condition of parole under chapter 947, unless the commission finds reasons to the contrary. If the commission does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.

(4) Payments authorized under this section shall be remitted to the clerk of the court in the county where the conviction occurred and are to be paid by the clerk of the court to the Department of Revenue for deposit in the Crimes Compensation Trust Fund. Any order of restitution or judgment to the state made by any court pursuant to this section may be enforced by the department in the same manner as a judgment in a civil action or by other enforcement measures administered by the department. The outstanding unpaid amount of the order shall bear interest in accordance with s. 55.03 and shall, when properly recorded, become a lien on real estate owned by the defendant.

History.—s. 1, ch. 77-452; s. 310, ch. 79-400; s. 9, ch. 84-363; s. 65, ch. 88-122; s. 12, ch. 92-107; s. 22, ch. 92-287; s. 13, ch. 94-342; s. 1713, ch. 97-102; s. 26, ch. 2001-122; s. 57, ch. 2014-191.

F.S. 960.17 on Google Scholar

F.S. 960.17 on Casetext

Amendments to 960.17

Arrestable Offenses / Crimes under Fla. Stat. 960.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE ANKETELL, v. v., 565 B.R. 11 (Bankr. D. Mass. 2017)

. . . Prior to this wire transfer, Ground Up Construction’s checking account had a balance of only $960.17 . . .

LATHAM, v. STATE, 185 So. 3d 686 (Fla. Dist. Ct. App. 2016)

. . . Section 960.17(1) provides that “[a]ny payment of benefits to, or on behalf of, a -victim or other claimant . . .

PAYNE, v. STATE, 873 So. 2d 621 (Fla. Dist. Ct. App. 2004)

. . . Section 960.17(1) provides: Any payment of benefits to, or on behalf of, a victim or other claimant under . . .

KIRK, v. STATE, 869 So. 2d 670 (Fla. Dist. Ct. App. 2004)

. . . because payment of restitution to the Bureau of Victim Compensation is specifically authorized by section 960.17 . . . Section 960.17(1), Florida Statutes (2003), which governs victim assistance by the Department of Legal . . .

STRICKLAND, v. STATE, 746 So. 2d 1189 (Fla. Dist. Ct. App. 1999)

. . . Section 960.17, Florida Statutes (1997), provides that any payment of benefits to a victim under chapter . . .

STATE v. J. BANKS,, 712 So. 2d 1165 (Fla. Dist. Ct. App. 1998)

. . . circumstances, restitution constitutes a debt due, owing, and payable to the State pursuant to section 960.17 . . .

SPARKES, v. STATE, 682 So. 2d 1232 (Fla. Dist. Ct. App. 1996)

. . . See § 960.17, Fla. Stat. (Supp.1994). . . .

PICKETT, v. STATE, 678 So. 2d 857 (Fla. Dist. Ct. App. 1996)

. . . At the sentencing hearing, the prosecutor sought restitution on the basis of section 960.17. . . .

F. LINDSAY, v. STATE, 606 So. 2d 652 (Fla. Dist. Ct. App. 1992)

. . . (g) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based . . .

McDONALD, v. STATE, 485 So. 2d 20 (Fla. Dist. Ct. App. 1986)

. . . issue meriting discussion is whether the trial court erred in making an assessment pursuant to section 960.17 . . .

E. PASCHAL, v. L. WAINWRIGHT,, 738 F.2d 1173 (11th Cir. 1984)

. . . condition of parole, the commission may make the payment of the debt due and owing to the state under § 960.17 . . .

SMITH, v. STATE, 448 So. 2d 20 (Fla. Dist. Ct. App. 1984)

. . . (g) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based . . .

MAY, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 435 So. 2d 834 (Fla. 1983)

. . . condition of parole, the commission may make the payment of the debt due and owing to the state under s. 960.17 . . .

STATON, v. L. WAINWRIGHT G., 665 F.2d 686 (5th Cir. 1982)

. . . condition of parole, the commission may make the payment of the debt due and owing to the state under s. 960.17 . . .

STATE v. CHAMPE, 373 So. 2d 874 (Fla. 1978)

. . . the award . . . under Section 960.13 is a denial of equal protection and due process,” that “Section 960.17 . . . Appellees concede that they do not have standing to attack the constitutionality of Section 960.17. . . . 960.13, and since neither Champe nor Wright is subject to the reimbursement requirements of Section 960.17 . . . Section 960.17 essentially makes the claimant’s compensation award a debt owed to the state by the person . . .