Florida Statute 951.033 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

View Entire Chapter

F.S. 951.033

951.033 Income and assets; payment of subsistence costs.—

(1) The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners. In addition to a prisoner’s cash account on deposit in local detention facilities, many prisoners have sources of income and assets outside of the facility, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources.

(2) The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs. In determining the financial status of prisoners, any income exempt by state or federal law shall be excluded. Consideration shall be given to the prisoner’s ability to pay, the liability or potential liability of the prisoner to the victim or guardian or the estate of the victim, and his or her dependents.

(3) The chief correctional officer of a local subdivision may direct a prisoner to pay for all or a fair portion of daily subsistence costs. A prisoner is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.

(4) An order from the chief correctional officer directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the sentenced prisoner.

(5) The chief correctional officer may seek payment for the prisoner’s subsistence costs from:

(a) The prisoner’s cash account on deposit at the facility; or

(b) A civil restitution lien on the prisoner’s cash account on deposit at the facility or on other personal property.

(6) If the prisoner’s cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner’s cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated.

History.—s. 21, ch. 96-312.

F.S. 951.033 on Google Scholar

F.S. 951.033 on Casetext

Amendments to 951.033

Arrestable Offenses / Crimes under Fla. Stat. 951.033

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 951.033.

Annotations, Discussions, Cases:

Cases Citing Statute 951.033

Total Results: 8

BS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-17T00:53:00-07:00

Citation: 862 So. 2d 15

Snippet: the payment of subsistence costs. Under section 951.033(2), Florida Statutes (2000), adult prisoners must…child rather than the citizens of Florida. Cf. § 951.033(1) (stating legislative intent behind imposing

B.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-17T00:00:00-07:00

Citation: 862 So. 2d 15, 2003 Fla. App. LEXIS 13958

Joseph v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-14T23:53:00-08:00

Citation: 834 So. 2d 373

Snippet: County Sheriff's Office pursuant to section 951.033, Florida Statutes (2000). We grant the petition…protesting the fee. The petition was denied. Section 951.033(1) states in part: "The Legislature finds …subsistence fee of $2 was proper under section 951.033 and did not violate an inmate's procedural …to the sheriff's implementation of section 951.033. The sheriff's regulation, SOP 917.00(D), makes

Solomos v. Jenne

Court: Fla. | Date Filed: 2002-05-30T00:00:00-07:00

Citation: 820 So. 2d 941, 27 Fla. L. Weekly Supp. 537, 2002 Fla. LEXIS 1148, 2002 WL 1065978

Snippet: the Fourth District Court of Appeal that section 951.033, Florida Statutes (2001), which requires prisoners…the inmates’ accounts. I recognize that section 951.033 allows local detention facilities flexibility in…retain jurisdiction and 'conclude that section 951.033, Florida Statutes is unconstitutional as applied…under SOP 1.2.12. SHAW, J., concurs. . Section 951.033 sets forth in pertinent part: (1) The Legislature

Solomos v. Jenne

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-19T23:53:00-08:00

Citation: 776 So. 2d 953

Snippet: other personal property. § 951.033, Fla.Stat. On the authority of section 951.033, the sheriff implemented… County Jail, assert, inter alia, that section 951.033, Florida Statutes, is void for vagueness and unconstitutional…unconstitutional as applied. Section 951.033 provides: (1) The Legislature finds that there is an urgent…The federal district court interpreted section 951.033 in McLeod v. Henderson, No. 98-1534-CIV-T-17A, … fees from a prisoner account violated section 951.033, which allows a prisoner to be directed to pay

Jenne v. Solomos

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-15T00:53:00-07:00

Citation: 707 So. 2d 1203

Snippet: certification. Plaintiff appellees seek to have section 951.033, Florida Statutes (1997), which provides that prisoners

Williams v. Ergle

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-22T00:53:00-07:00

Citation: 698 So. 2d 1294

Snippet: was a product of the 1996 legislative session. § 951.033, Fla. Stat. (Supp.1996).[2] As with section 951.032…included. Additionally, subsection (4) of section 951.033 provides that an order directing payment of a prisoner…term "prisoner," as it used in section 951.033, includes pre-trial detainees.[3] Appellants next…consider the merits. [2] The statute provides: 951.033. Income and assets; payment of subsistence costs…which the civil restitution lien was originated. § 951.033, Fla. Stat. (Supp.1996). [3] On appeal, appellants

McConnaughy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-12T23:53:00-08:00

Citation: 684 So. 2d 851

Snippet: statutory provision at issue appears to be section 951.033, Florida Statutes (1996 Supp.), which allows "