Florida Statute 944.485 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.485

944.485 Subsistence fees with respect to certain prisoners; time of adoption; requirements.—

(1) In recognition of the fact that many prisoners in the correctional system have sources of income and assets outside of the correctional system, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources, and in recognition of the fact that the daily subsistence cost of incarcerating prisoners in the correctional system is a great burden on the taxpayers of the state, each prisoner in the state correctional system, except those who have entered into an agreement under s. 947.135 prior to October 1, 1978:

(a) Shall disclose all revenue or assets as a condition of parole or other release eligibility.

(b) Shall pay from such income and assets, except where such income is exempt by state or federal law, all or a fair portion of the prisoner’s daily subsistence costs, based upon the inmate’s ability to pay, the liability or potential liability of the inmate to the victim or the guardian or the estate of the victim, and the needs of his or her dependents.

(2)(a) Any prisoner who is directed to pay all or a fair portion of daily subsistence costs is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.

(b) An order directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the prisoner.

History.—s. 1, ch. 78-441; s. 1, ch. 92-298; s. 1652, ch. 97-102.

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Amendments to 944.485

Arrestable Offenses / Crimes under Fla. Stat. 944.485

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.485.

Annotations, Discussions, Cases:

Cases Citing Statute 944.485

Total Results: 5

STATE, DEPT. OF CORRECTIONS v. Goad

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-12T23:53:00-08:00

Citation: 754 So. 2d 95

Snippet: that it afforded only a civil remedy. Section 944.485, Florida Statutes required all prison inmates to

Stone v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-02T23:53:00-08:00

Citation: 500 So. 2d 572

Snippet: facto attack. The statute under attack, section 944.485, Florida Statutes (Supp. 1978), "requires,

Gerlock v. Florida Parole & Probation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-07T00:00:00-08:00

Citation: 411 So. 2d 1386, 1982 Fla. App. LEXIS 19747

Snippet: petitioner that because he failed to comply with § 944.485, Fla.Stat. (Supp. 1978),4 and disclose his revenue… no laws providing otherwise. Although under § 944.485, supra, petitioner would not be eligible for parole… the order was mailed to the inmate. Ibid. . 944.485 Department to adopt pían for subsistence fees with

Ivory v. Wainwright

Court: Fla. | Date Filed: 1980-10-29T23:53:00-08:00

Citation: 393 So. 2d 542

Snippet: circuit court upholding as facially valid section 944.485, Florida Statutes (Supp. 1978), which requires,…; ex post facto argument presumes that section 944.485 operates to increase "punishment" for… is simply not persuasive. In enacting section 944.485, the legislature has prescribed sufficient standards… The trial court's order upholding section 944.485 in the face of appellants' constitutional challenges…law. I respectfully dissent. NOTES [*] Section 944.485, Florida Statutes (Supp. 1978) provides: (1) In

Panzavecchia v. Crockett

Court: Fla. Dist. Ct. App. | Date Filed: 1980-02-20T00:00:00-08:00

Citation: 379 So. 2d 1047, 1980 Fla. App. LEXIS 15948

Snippet: petitioner complies with the requirements of Section 944.-485(l)(a), Florida Statutes (1978). Each prisoner …the inmate to the victim of his crime (Section 944.485(l)(b), Florida Statutes (1978)). See also Section