944.485
Subsistence fees with respect to certain prisoners; time of adoption; requirements.
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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.
Notes of Decisions
Cited in 5
cases, 1980–2000 · leading case: Ivory v. Wainwright
Ivory v. Wainwright (1980)
“This cause is before this Court on direct appeal from a final judgment of the circuit court upholding as facially valid section 944.485, Florida Statutes (Supp. 1978), which requires, as a condition of parole eligibility, that prisoners disclose their assets and income, and that…”
Stone v. State (1986)
“The statute under attack, section 944.485, Florida Statutes (Supp. 1978), "requires, as a condition of parole eligibility, that prisoners disclose their assets and income, and that they be assessed the costs of their subsistence in prison.”
STATE, DEPT. OF CORRECTIONS v. Goad (2000)
“Section 944.485, Florida Statutes required all prison inmates to disclose their assets and income as a condition of parole eligibility so that the cost of their subsistence could be subsequently assessed.”
Gerlock v. Florida Parole & Probation Commission (1982)
“On September 7, 1979, after the corrected PPRD was established, the Commission advised the petitioner that because he failed to comply with § 944.485, Fla.Stat. (Supp. 1978), 4 and disclose his revenue and/or assets, he was being removed “from further parole consideration.”
Panzavecchia v. Crockett (1980)
“Such disclosures would aid in determination of the inmate’s ability to pay all or a portion of his daily subsistence costs while in the correctional system, and would be of additional value in enforcing the requirement that the inmate pay the liability or potential liability of…”
— 944.485(l)(b) — 1 case
Panzavecchia v. Crockett (1980)
“Such disclosures would aid in determination of the inmate’s ability to pay all or a portion of his daily subsistence costs while in the correctional system, and would be of additional value in enforcing the requirement that the inmate pay the liability or potential liability of…”
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