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Fla. Stat. § 951.033 (2025)

Income and assets; payment of subsistence costs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1996–2025 · leading case: Williams v. Ergle, 698 So. 2d 1294 (Fla. 5th DCA 1997).
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Williams v. Ergle, 698 So. 2d 1294 (Fla. 5th DCA 1997). · cites it 7× “§ 951.033, Fla. Stat. (Supp.1996). [2] As with section 951.”
Solomos v. Jenne, 776 So. 2d 953 (Fla. 4th DCA 2000). · cites it 10× “§ 951.033, Fla.Stat. On the authority of section 951.”
Joseph v. Henderson, 834 So. 2d 373 (Fla. 2d DCA 2003). · cites it 5× “Shane Levon Joseph petitions this court for a writ of certiorari to review a trial court order denying his challenge to the booking fee imposed by the Hillsborough County Sheriff's Office pursuant to section 951.033, Florida Statutes (2000).”
B.S. v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). · cites it 3× “215(6): - to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
Jenne v. Solomos, 707 So. 2d 1203 (Fla. 4th DCA 1998). · cites it 2× “Plaintiff appellees seek to have section 951.033, Florida Statutes (1997), which provides that prisoners can be required to pay daily subsistence costs of prison, declared unconstitutional.”
McConnaughy v. State, 684 So. 2d 851 (Fla. 5th DCA 1996). · cites it 2× “The statutory provision at issue appears to be section 951.033, Florida Statutes (1996 Supp.”
BS v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). · cites it 3× “215(6): to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
Solomos v. Jenne, 820 So. 2d 941 (Fla. 2002). · cites it 6× “I agree' with the Fourth District Court of Appeal that section 951.033, Florida Statutes (2001), which requires prisoners to pay for “all or a fair portion of their daily subsistence costs,” is constitutional on its face.”
Wiggins v. Prummell (M.D. Fla. 2021). · cites it 2× “See also Fla. Stat. § 951.033 (authorizing the assessment of certain costs against prisoners).”
Sanon, Darvenel v. Saint Lucie Cnty. Jail (S.D. Fla. 2025). · cites it 2× “” Fla. Stat. § 951.033 (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…”
Hicks v. Warden, Hernando Cnty. Det. Ctr. (M.D. Fla. 2024). “§ 1983 , in which he alleged that “the local detention facility did not apply due process to obtain cash from my inmate account according to F.S. 951.033,” was dismissed under Parratt v.”
— 951.033(1) — 3 cases
Joseph v. Henderson, 834 So. 2d 373 (Fla. 2d DCA 2003). “Shane Levon Joseph petitions this court for a writ of certiorari to review a trial court order denying his challenge to the booking fee imposed by the Hillsborough County Sheriff's Office pursuant to section 951.033, Florida Statutes (2000).”
B.S. v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). “215(6): - to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
BS v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). “215(6): to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
— 951.033(2) — 3 cases
B.S. v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). “215(6): - to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
Solomos v. Jenne, 776 So. 2d 953 (Fla. 4th DCA 2000). “§ 951.033, Fla.Stat. On the authority of section 951.”
BS v. State, 862 So. 2d 15 (Fla. 2d DCA 2003). “215(6): to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida.”
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