Florida Statute 951.033 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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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.

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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

B.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

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

Snippet: the payment of subsistence costs. Under section 951.033(2), Florida Statutes (2000), adult prisoners must

BS v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

Citation: 862 So. 2d 15, 2003 WL 22136809

Snippet: the payment of subsistence costs. Under section 951.033(2), Florida Statutes (2000), adult prisoners must

Joseph v. Henderson

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 834 So. 2d 373, 2003 WL 118205

Snippet: Hillsborough County Sheriff's Office pursuant to section 951.033, Florida Statutes (2000). We grant the petition

Solomos v. Jenne

Court: Supreme Court of Florida | Date Filed: 2002-05-30

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

Solomos v. Jenne

Court: District Court of Appeal of Florida | Date Filed: 2000-12-20

Citation: 776 So. 2d 953, 2000 WL 1854006

Snippet: County Jail, assert, inter alia, that section 951.033, Florida Statutes, is void for vagueness and unconstitutional

Jenne v. Solomos

Court: District Court of Appeal of Florida | Date Filed: 1998-04-15

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: District Court of Appeal of Florida | Date Filed: 1997-08-22

Citation: 698 So. 2d 1294, 1997 WL 522865

Snippet: was a product of the 1996 legislative session. § 951.033, Fla. Stat. (Supp.1996).[2] As with section 951

McConnaughy v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-12-13

Citation: 684 So. 2d 851, 1996 WL 713997

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