944.512

State lien on proceeds from literary or other type of account of crime for which convicted.

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944.512 State lien on proceeds from literary or other type of account of crime for which convicted.—

(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.

(2) The proceeds of such account shall be distributed in the following order:

(a) Twenty-five percent to the dependents of the convicted felon. If there are no dependents, this portion shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards for crime victims.

(b) Twenty-five percent to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceedings. If there are no victims or dependents, or if their damages are less than 25 percent of the proceeds, this portion, or its remainder, shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.

(c) After payments have been made pursuant to paragraph (a) or paragraph (b), an amount equal to pay all court costs in the prosecution of the convicted felon, which shall include, but not be limited to, jury fees and expenses, court reporter fees, and reasonable per diem for the prosecuting attorneys for the state, shall go to the General Revenue Fund. Additional costs shall be assessed for the computed per capita cost of imprisonment or supervision by the state or county correctional system. Such costs shall be determined and certified by the prosecuting attorney and the imprisoning entity and subject to review by the Auditor General.

(d) The rest, residue, and remainder to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.

(3) A judge may place a lien prior in dignity to all others in favor of the state or county upon any financial settlement payable to or accruing to a convicted offender or person on her or his behalf, as a result of injury incurred during or at the time of a violation of the state law, or as a result of an attempt to flee apprehension for the offense for which the offender was convicted. A conviction is defined as in subsection (1). The lien shall be attached by order of the judge at the time of the conviction in county or circuit court. In the event of an appeal, the funds shall be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.

(4) The proceeds of such account shall be distributed in the following order:

(a) Payment of all medical care, treatment, hospitalization, and transportation resulting from said injury.

(b) Payment to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceeding.

(c) Payment of all court costs in the prosecution of the convicted felon, which shall include, but not be limited to, jury fees and expense, court reporter fees, and reasonable per diem for the prosecuting attorneys and public defenders.

(d) Payment of cost of incarceration in state or county facilities.

(e) The rest, residue, remainder to the injured party.

(5) The department is hereby authorized and directed to report to the Department of Legal Affairs the existence or reasonably expected existence of circumstances which would be covered by this section. Upon such notification, the Department of Legal Affairs is authorized and directed to take such legal action as is necessary to perfect and enforce the lien created by this section.

History.—ss. 1, 2, 3, ch. 77-45; s. 73, ch. 79-3; s. 302, ch. 79-400; s. 8, ch. 88-96; s. 18, ch. 90-211; s. 1653, ch. 97-102; s. 130, ch. 2001-266.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1993–2022 · leading case: Shaw v. State Ex Rel. Butterworth

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Shaw v. State Ex Rel. Butterworth (1993) fladistctapp · cites it 2× “Shaw had previously been adjudicated guilty of breaking and entering a dwelling house with intent to commit a felony, and the State of Florida filed a complaint against Shaw and his corporation, seeking to enforce a lien against any proceeds of the sale of his videotape under…”

Rolling v. State Ex Rel. Butterworth (1999) fladistctapp · cites it 8× “Appellants Sondra London and Danny Rolling contest the lower court's imposition of a lien against the proceeds derived from sale of Rolling's personal property and against his other personal property on the grounds that section 944.512, Florida Statutes, is unconstitutional on…”

Rolling v. State Ex Rel. Butterworth (1994) fladistctapp · cites it 3× “Danny Rolling has appealed from a non-final order granting a temporary injunction against the disbursement of the proceeds obtained from any recounting of a crime, issued pursuant to Florida Statutes section 944.512. This statute imposes a lien in favor of the State of Florida…”

Kenneth Kendrick v. Secretary, Florida Department of Corrections (2022) ca11 · cites it 4× “1 at 13] Kendrick later filed a notice of constitutional question regarding Fla. Stat. § 944.512 1 and a motion for declaratory judg- ment that the statute was unconstitutional.”

Rolling v. State (1995) fladistctapp · cites it 4× “We simply quash the action of the trial court, which purported to grant a “lien” in a closed criminal case based upon section 944.512, Florida Statutes (1993).”

— 944.512(1) — 1 case

Rolling v. State Ex Rel. Butterworth (1999) fladistctapp “Appellants Sondra London and Danny Rolling contest the lower court's imposition of a lien against the proceeds derived from sale of Rolling's personal property and against his other personal property on the grounds that section 944.512, Florida Statutes, is unconstitutional on…”

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