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Florida Statute 960.292 | Lawyer Caselaw & Research
F.S. 960.292 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 960.292

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 960
VICTIM ASSISTANCE
View Entire Chapter
F.S. 960.292
960.292 Enforcement of the civil restitution lien through civil restitution lien order.The civil restitution lien shall be made enforceable by means of a civil restitution lien order.
(1) Upon conviction, the convicted offender shall incur civil liability for damages and losses to crime victims, the state, its local subdivisions, and aggrieved parties as set forth in s. 960.293. The conviction shall estop the convicted offender from denying the essential allegations of that offense in any subsequent proceedings.
(2) Upon motion by the state, upon petition of the local subdivision, crime victim, or aggrieved party, or on its own motion, the court in which the convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims, the state, its local subdivisions, and other aggrieved parties. The court shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders for the duration of the sentence and up to 5 years from release from incarceration or supervision, whichever occurs later.
(3) The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.
History.s. 4, ch. 94-342; s. 31, ch. 95-184; s. 15, ch. 2009-63.

F.S. 960.292 on Google Scholar

F.S. 960.292 on Casetext

Amendments to 960.292


Arrestable Offenses / Crimes under Fla. Stat. 960.292
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.292.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. SANDOMENO,, 217 So. 3d 110 (Fla. Dist. Ct. App. 2017)

. . . days after sentencing, and (2) its motion for entry of a civil restitution lien pursuant to section 960.292 . . . subsequent motion for entry of a civil restitution lien on behalf of the victims pursuant to section 960.292 . . . Section 960.292(2) provides that, “[u]pon motion by the state ... the court in which the convicted offender . . . State, 178 So.3d 538, 539 (Fla. 3d DCA 2015) (explaining that section 960.292(2) “permits the trial court . . .

J. CURTIS, v. STATE, 187 So. 3d 947 (Fla. Dist. Ct. App. 2016)

. . . Section 960.292(1), Florida Statutes, provides in part that upon conviction, “the convicted offender . . . crime victims, the state, its local subdivisions, and aggrieved parties as set forth in s.960.293.” § 960.292 . . . Id. § 960.292(2) (emphasis added). . . . It then imposed costs of incarceration in accordance with sections 960.292 and 960.293. . . .

NICKERSON, v. STATE, 178 So. 3d 538 (Fla. Dist. Ct. App. 2015)

. . . period of five years for the sole purpose of imposing civil restitution lien orders pursuant to section 960.292 . . . trial court had jurisdiction to rule on the State’s Motion to Retain Jurisdiction and because section 960.292 . . . sole purpose of entering civil restitution lien orders in favor of, the victim as set forth in section 960.292 . . . by defense counsel, the State filed its written Motion to Retain Jurisdiction pursuant . to section 960.292 . . .

C. KLEINTANK, v. STATE, 178 So. 3d 15 (Fla. Dist. Ct. App. 2015)

. . . The State properly concedes that pursuant to section 960.292, Florida Statutes (2014), the proper remedy . . .

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

. . . .; 960.292(2), Fla. Stat. . . . .

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

. . . . § 960.292(1), (2). . . .

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

. . . . §§ 960.292(1), 960.293(2), Fla. Stat. . . . “The civil restitution lien shall be made enforceable by means of a civil restitution hen order.” § 960.292 . . . See §§ 960.292(1), 960.293(2), Fla. Stat. . . . See also § 960.292(1), Fla. Stat. . . . This argument is contrary to the plain language of sections 960.292(1) and 960.293(2), which state that . . .

GREEN, v. STATE, 998 So. 2d 1149 (Fla. Dist. Ct. App. 2008)

. . . This motion sought a civil restitution lien under sections 960.292(2) and 960.293(2)(b) for “liquidated . . .

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

. . . Section 960.292 details the procedure for imposing a civil restitution lien order, stating in pertinent . . . Department of Corrections, 845 So.2d 880, 884-85 (Fla.2003), section 960.292(2) explicitly provides that . . .

BARRETO, v. STATE, 936 So. 2d 1215 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 960.292, Florida Statutes (2005), the trial court was authorized to impose a civil . . .

LAWSON, v. STATE, 935 So. 2d 645 (Fla. Dist. Ct. App. 2006)

. . . reversal is without prejudice to the State or the victim to pursue a civil restitution lien under section 960.292 . . .

RODRIGUEZ, v. STATE, 899 So. 2d 471 (Fla. Dist. Ct. App. 2005)

. . . Section 960.292(2), Florida Statutes (2004) provides that the court “shall retain continuing jurisdiction . . .

G. RIDLEY, v. STATE, 890 So. 2d 1261 (Fla. Dist. Ct. App. 2005)

. . . belief that neither the victim nor the State is precluded from pursuing restitution pursuant to section 960.292 . . .

M. RINALDO, a. k. a. v. G. CORBETT, B., 256 F.3d 1276 (11th Cir. 2001)

. . . . § 960.292(2), "... upon petition of the local subdivision ... the court ... shall enter civil restitution . . .

MORIARITY, v. STATE, 751 So. 2d 1286 (Fla. Dist. Ct. App. 2000)

. . . Section 960.292, Florida Statutes (1999), seems to contemplate continuing jurisdiction and there appears . . .

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

. . . Furches also petitioned the court to enter a civil restitution hen pursuant to section 960.292(2), Florida . . . Sanderson, 625 So.2d 471 (Fla.1993); see also § 960.292(2) (“The court shall retain continuing jurisdiction . . . convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims.... ” § 960.292 . . .

CRUZ, v. STATE, 742 So. 2d 489 (Fla. Dist. Ct. App. 1999)

. . . Miami-Dade County moved for and was granted a civil restitution lien upon him pursuant to sections 960.292 . . . Our conclusion is based on the determination that a 960.292 lien is a collateral, rather than a direct . . . Affirmed. . 960.292 Enforcement of the civil restitution lien through civil restitution lien order.— . . .

ALBERTS, v. STATE, 711 So. 2d 635 (Fla. Dist. Ct. App. 1998)

. . . Further, section 960.292(2), Florida Statutes (1995), upon which the State rehes for its contention that . . .

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

. . . . §§ 960.292, 960.294, Fla. Stat. (Supp.1994). . . .

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

. . . constitute a restitution lien unless a separate order is entered imposing the lien pursuant to section 960.292 . . .

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

. . . Although under section 960.292(2), the criminal trial court retains jurisdiction over the matter, the . . .

WINDHAM, v. STATE, 664 So. 2d 334 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

WHIDDON, v. STATE, 664 So. 2d 340 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

BARKER, v. STATE, 664 So. 2d 340 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this ease, based on its noncompliance with the requirements of section 960.292 . . .

KEYES, v. STATE, 664 So. 2d 1132 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

TAYLOR, v. STATE, 664 So. 2d 1133 (Fla. Dist. Ct. App. 1995)

. . . restitution hen order entered in this ease, based on its noncomphance with the requirements of section 960.292 . . .

ROBERTS, v. STATE, 664 So. 2d 1133 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

HILL, v. STATE, 664 So. 2d 327 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

ANTONIK, v. STATE, 664 So. 2d 328 (Fla. Dist. Ct. App. 1995)

. . . restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292 . . .

JOHNSON, v. STATE, 664 So. 2d 1105 (Fla. Dist. Ct. App. 1995)

. . . restitution hen order entered in this ease, based on its noneompliance with the requirements of section 960.292 . . .

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

. . . record is devoid of a separate order requiring restitution under the Act, as is required by section 960.292 . . . Section 960.292(3), Florida Statutes (Supp. 1994), states: . . .

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

. . . in that it does not identify the person or entity in whose favor the lien is imposed as required by 960.292 . . .