The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

View Entire Chapter

F.S. 960.29

960.29 Legislative findings and intent.—The Legislature finds that former approaches to the problem of compensating crime victims through restitution have proven inadequate or have been inconsistently applied in many cases. The Legislature also finds that there is an urgent need to alleviate the increasing financial burdens on the state and its local subdivisions caused by the expenses of incarcerating convicted offenders.

(1) To remedy these problems, consistent with the preservation of all citizens’ constitutional rights, the Legislature intends:

(a) To provide a legal mechanism, in the form of a civil restitution lien, that will enable crime victims, the state, and other aggrieved parties to recover damages and losses arising out of criminal acts, imposed against the real and personal property owned by the convicted offender who committed an offense that caused the damages and losses.

(b) To prevent convicted offenders from increasing their assets after conviction, while their crime victims and the state and local subdivisions remain uncompensated for their damages and losses. To further this legislative purpose, the civil restitution lien shall attach not only to the offender’s current assets but also, should these assets fail to satisfy the lien, to any future assets or “windfall” proceeds which may accrue to the defendant, up to the full amount of the lien.

(c) To ensure that the amount of each civil restitution lien equals the amount of the actual damages awarded in the civil action arising from the crime.

(d) To impose a long-term civil liability for the costs of incarceration, by means of the civil restitution lien, against a convicted offender, regardless of the offender’s financial status at the time of conviction.

(2) The Legislature also finds that crime victims, the state, and its local subdivisions are entitled to rough remedial justice and they may demand compensation for damage and losses.

(3) The Legislature declares that:

(a) The intent of the statute is rationally related to the goal of fully compensating crime victims, the state, and its local subdivisions for damages and losses incurred as a result of criminal conduct.

(b) This civil restitution lien act rests upon the principle of remediation and not punishment, which is meted out by criminal sanctions afforded by law.

(4) The Legislature recognizes that, in many individual cases, the liquidated damage amount awarded by the court in a civil action arising from the crime does not fully compensate crime victims for their actual damages and losses. It is the legislative intent that the civil restitution liens authorized in this act assist crime victims to collect the amounts awarded and authorized as actual and liquidated damages and losses a crime victim incurs as a result of a convicted offender’s conduct, and the state and its local subdivisions incur as a result of implementation of a convicted offender’s sentence.

History.—s. 2, ch. 94-342; s. 29, ch. 95-184.

F.S. 960.29 on Google Scholar

F.S. 960.29 on Casetext

Amendments to 960.29

Arrestable Offenses / Crimes under Fla. Stat. 960.29

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.29.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. FREEMAN, v. STATE, 165 So. 3d 695 (Fla. Dist. Ct. App. 2015)

. . . (quoting § 960.29(3)(a), Fla. Stat. (2013)) (alterations in original). . . .

HARRIS, v. STATE, 157 So. 3d 345 (Fla. Dist. Ct. App. 2015)

. . . Dep't of Corrections, 27 So.3d 124, 126 (Fla. 1st DCA 2010); § 960.29(l)(a), Fla. . . .

E. RIGGINS, v. BESELER, Jr., 568 F. App'x 850 (11th Cir. 2014)

. . . . § 960.29(3)(a). See Ilkanic v. City of Fort Lauderdale, 705 So.2d 1371, 1372-73 (Fla.1998). . . .

L. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 27 So. 3d 124 (Fla. Dist. Ct. App. 2010)

. . . In section 960.29, the legislature made the finding that “there is an urgent need to alleviate the increasing . . . costs of incarceration, by means of the civil restitution lien, against a convicted offender ....” § 960.29 . . . Stat.; see also § 960.29(4), Fla. Stat. . . .

WILSON, v. STATE, 957 So. 2d 683 (Fla. Dist. Ct. App. 2007)

. . . City of Fort Lauderdale, 705 So.2d 1371, 1372-73 (Fla.1998); see also § 960.29(3) & (4) (noting the Act . . .

CHILDERS, v. STATE, 931 So. 2d 86 (Fla. Dist. Ct. App. 2006)

. . . state, and other aggrieved parties to recover damages and losses arising out of criminal acts .... ” § 960.29 . . .

CHILDERS, v. STATE, 936 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . state, and other aggrieved parties to recover damages and losses arising out of criminal acts .... ” § 960.29 . . .

B. LUSUNARIZ, v. STATE, 908 So. 2d 1094 (Fla. Dist. Ct. App. 2005)

. . . (codified as §§ 960.29-960.297, Fla. Stat. (Supp.1994)) (“Civil Restitution Act”). . . .

GOAD, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 845 So. 2d 880 (Fla. 2003)

. . . Here, the Florida Legislature specifically set out its intent in section 960.29: The Legislature finds . . . and its local subdivisions incur as a result of implementation of a convicted offender’s sentence. § 960.29 . . . See §§ 960.29-297, Fla. Stat. (Supp.1994). . . . . See § 960.29, Fla. Stat. (Supp.1994). . . .

STATE DEPARTMENT OF CORRECTIONS, v. GOAD,, 754 So. 2d 95 (Fla. Dist. Ct. App. 2000)

. . . See §§ 960.29-297, Fla. Stat. (Supp.1994). . . . Section 960.29, Florida Statutes contains a finding that “there is an urgent need to alleviate the increasing . . . This point is underscored by the Legislature’s statement in section 960.29(3)(b) that the statute “rests . . .

C. BUNCH, v. STATE, 745 So. 2d 400 (Fla. Dist. Ct. App. 1999)

. . . See also § 960.29(2)(b), Fla. . . . So.2d 1114 (Fla. 4th DCA 1996) (civil restitution lien granted to crime victim pursuant to section 960.29 . . . imposition of the civil restitution lien was consistent with Florida’s civil restitution lien statute. §§ 960.29 . . .

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

. . . Pursuant to section 944.512, Florida Statutes, in Count I of the complaint and sections 960.29 through . . . at oral argument counsel for both appellants admitted that the lien imposed also rests upon sections 960.29 . . . Sections 960.29-297 provide that upon petition by the state, its local subdivisions, crime victims, or . . . See § 960.29, .295, Fla. Stat. . . .

ILKANIC, v. CITY OF FORT LAUDERDALE,, 705 So. 2d 1371 (Fla. 1998)

. . . .” § 960.29, Fla. Stat. (Supp.1994). . . .

CITY OF FORT LAUDERDALE v. ILKANIC,, 683 So. 2d 563 (Fla. Dist. Ct. App. 1996)

. . . . § 960.29, Fla. Stat. (1995). . . . .” § 960.29(3)(b), Fla. Stat. (1995). . . .

N. DOCTOR, v. STATE, 679 So. 2d 76 (Fla. Dist. Ct. App. 1996)

. . . The sentence also provided that a civil judgment for restitution, presumably under section 960.29 et . . . 668 So.2d 1114 (Fla. 4th DCA 1996), we held that imposition of a civil restitution lien under section 960.29 . . .

CORADI, v. STATE, 670 So. 2d 1112 (Fla. Dist. Ct. App. 1996)

. . . Appellant argues that the Florida Civil Restitution Lien and Crime Victims Remedy Act of 1994, sections 960.29 . . .

GARY, v. STATE, 669 So. 2d 1087 (Fla. Dist. Ct. App. 1996)

. . . restitution hen pursuant to the Florida Civil Restitution Lien and Crime Victims’ Remedy Act of 1994 (§§ 960.29 . . .

ROSERO, v. STATE, 668 So. 2d 1114 (Fla. Dist. Ct. App. 1996)

. . . we affirm the amended order granting Appellant’s victim a civil restitution hen pursuant to sections 960.29 . . . retains jurisdiction over the matter, the legislative intent of the statute, as expressed in section 960.29 . . . Accordingly, as the imposition of a civil restitution hen under section 960.29 et seq. is a civil, not . . .

GAMBLE, Jr. v. STATE, 668 So. 2d 1048 (Fla. Dist. Ct. App. 1996)

. . . constitutionality of Florida’s Civil Restitution Lien and Crime Victims Remedy Act of 1994, sections 960.29 . . .

WILSON, v. STATE, 675 So. 2d 613 (Fla. Dist. Ct. App. 1996)

. . . He asserts that the Florida Civil Restitution Lien and Crime Victims’ Remedy Act of 1994, sections 960.29 . . .

F. BIRKS, Jr. v. STATE, 667 So. 2d 452 (Fla. Dist. Ct. App. 1996)

. . . As to Issue II, the trial court entered a $5,000.00 civil restitution lien order pursuant to section 960.29 . . .

COBY, v. STATE, 666 So. 2d 238 (Fla. Dist. Ct. App. 1996)

. . . constitutionality of Florida’s Civil Restitution Lien and Crime Victims Remedy Act of 1994, sections 960.29 . . .

HOLLEY, v. STATE, 666 So. 2d 222 (Fla. Dist. Ct. App. 1995)

. . . constitutionality of the Florida Civil Restitution Lien and Crime Victim’s Remedy Act of 1994, sections 960.29 . . .

F. SNYDER, v. STATE, 664 So. 2d 1073 (Fla. Dist. Ct. App. 1995)

. . . constitutionality of Florida’s Civil Restitution Lien and Crime Victim’s Remedy Act of 1994, sections 960.29 . . .

LUND, v. STATE, 658 So. 2d 679 (Fla. Dist. Ct. App. 1995)

. . . in five consolidated cases, from a $5,000 civil restitution lien order imposed pursuant to sections 960.29 . . .

REYES, v. STATE, 655 So. 2d 111 (Fla. Dist. Ct. App. 1995)

. . . See § 960.29-297, Fla.Stat. (Supp.1994). . . . See § 960.29-.297 Fla.Stat. (Supp.1994). . . .