Florida Statutes
Fla. Stat. § 945.31 (2025)
Restitution and other payments.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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945.31 Restitution and other payments.—The department may establish bank accounts outside the State Treasury for the purpose of collecting and disbursing restitution and other court-ordered payments from persons in its custody or under its supervision, and may collect an administrative processing fee in an amount equal to 4 percent of the gross amounts of such payments. Such administrative processing fee shall be deposited in the department’s Operating Trust Fund and shall be used to offset the cost of the department’s services. The department is authorized to deposit or transfer into the General Revenue Fund:
(1) Offender overpayments that are less than $10 at the end of the offender’s supervision.
(2) Offender funds that are not claimed within 1 year after supervision is terminated.
(3) Victim restitution payments that are not claimed within 1 year after the offender’s supervision is terminated.
(4) Interest earned on balances in the COPS bank accounts.
(5) Payments that cannot be identified and are not claimed within 1 year after they are received.
History.—s. 11, ch. 89-526; s. 14, ch. 93-120; s. 32, ch. 95-283; s. 5, ch. 98-388; s. 1, ch. 2003-136.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1992–2026 · leading case: Harris v. State, 593 So. 2d 1169 (Fla. 1st DCA 1992).
Harris v. State, 593 So. 2d 1169 (Fla. 1st DCA 1992). “See § 945.31, Fla. Stat. (1989). Since appellant is not in custody or under the supervision of the Department of Corrections, assessment of a four percent processing fee pursuant to section 945.”
Griffis v. State, 848 So. 2d 422 (Fla. 1st DCA 2003). “Condition (10) required Appellant to pay restitution, fines, costs, and/or fees, plus a 4% administrative processing fee pursuant to section 945.31, Florida Statutes (1999), to the Florida Department of Corrections.”
Powell v. State, 681 So. 2d 722 (Fla. 2d DCA 1996). “Also, because section 945.31, Florida Statutes (1993), authorizes the Florida Department of Corrections to impose such a fee, we conclude that the trial court had no authority to do so.”
Emanuel Lamar Charles Valentin v. State of Florida (Fla. 6th DCA 2026). “2d DCA 1996) (“[B]ecause section 945.31, Florida Statutes (1993), authorizes the Florida Department of Corrections to impose such a fee, we conclude that the trial court had no authority to do so.”
Sharee Dixon v. State of Florida (Fla. 4th DCA 2020). “Third, citing section 945.31, Florida Statutes (2016), the probation order imposes a separate 4% surcharge associated with an administrative processing fee for restitution payments, which the trial court neither orally stated nor was authorized to impose.”
Stanley v. State, 42 So. 3d 330 (Fla. 2d DCA 2010). “Section 945.31(3), Florida Statutes (2010), authorizes the Department to transfer such unclaimed funds to the General Revenue Fund if they are not claimed within one year after supervision is terminated.”
— 945.31(3) — 1 case
Stanley v. State, 42 So. 3d 330 (Fla. 2d DCA 2010). “Section 945.31(3), Florida Statutes (2010), authorizes the Department to transfer such unclaimed funds to the General Revenue Fund if they are not claimed within one year after supervision is terminated.”
— 945.31(8) — 1 case
Stanley v. State, 42 So. 3d 330 (Fla. 2d DCA 2010). “Section 945.31(3), Florida Statutes (2010), authorizes the Department to transfer such unclaimed funds to the General Revenue Fund if they are not claimed within one year after supervision is terminated.”
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