960.17
Award constitutes debt owed to state.
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960.17 Award constitutes debt owed to state.—
(1) Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have committed such criminal act. Such payment shall create an obligation of restitution in accordance with s. 775.089.
(2) The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.
(3) The Florida Commission on Offender Review shall make the payment of the debt to the state a condition of parole under chapter 947, unless the commission finds reasons to the contrary. If the commission does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.
(4) Payments authorized under this section shall be remitted to the clerk of the court in the county where the conviction occurred and are to be paid by the clerk of the court to the Department of Revenue for deposit in the Crimes Compensation Trust Fund. Any order of restitution or judgment to the state made by any court pursuant to this section may be enforced by the department in the same manner as a judgment in a civil action or by other enforcement measures administered by the department. The outstanding unpaid amount of the order shall bear interest in accordance with s. 55.03 and shall, when properly recorded, become a lien on real estate owned by the defendant.
History.—s. 1, ch. 77-452; s. 310, ch. 79-400; s. 9, ch. 84-363; s. 65, ch. 88-122; s. 12, ch. 92-107; s. 22, ch. 92-287; s. 13, ch. 94-342; s. 1713, ch. 97-102; s. 26, ch. 2001-122; s. 57, ch. 2014-191.
Notes of Decisions
Cited in 9
cases, 1979–2016 · leading case: State v. Champe
State v. Champe (1979)
“Appellees concede that they do not have standing to attack the constitutionality of Section 960.17. We begin our analysis by eliminating from consideration issues which are either uncontested or not properly before us.”
Strickland v. State (1999)
“Section 960.17, Florida Statutes (1997), provides that any payment of benefits to a victim under chapter 960 "shall create an obligation of restitution in accordance with s.”
State v. Banks (1998)
“Under some circumstances, restitution constitutes a debt due, owing, and payable to the State pursuant to section 960.17, Florida Statutes (1995). Although I think that the court may consider the victim’s desires for restitution in reaching a determination to use this reason for…”
Payne v. State (2004)
“Section 960.17(1) provides: Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have…”
Kirk v. State (2004)
“The State responds that no error has been shown because payment of restitution to the Bureau of Victim Compensation is specifically authorized by section 960.17(1), Florida Statutes (2003), and the documentation provided by the State to prove the amount of restitution was…”
Pickett v. State (1996)
“" At the sentencing hearing, the prosecutor sought restitution on the basis of section 960.17. Defense counsel objected, arguing that the State had not given notice of the request, nor had it provided any supporting documentation.”
Latham v. State (2016)
“Section 960.17(1) provides that “[a]ny payment of benefits to, or on behalf of, a -victim or other claimant under this chapter creates a debt due and owing to the state [and] shall create an obligation of restitution in accordance with [section] 775,089.”
Sparkes v. State (1996)
“See § 960.17, Fla. Stat. (Supp.1994). We reverse the order requiring appellant to pay investigative costs to the Forensic Automobile Investigation as an item of restitution and remand this cause to the trial court with instructions to enter an order properly assessing that…”
McDonald v. State (1986)
“The rehearing motion is granted and the opinion of January 29, 1986, is withdrawn and the following opinion is substituted: The sole issue meriting discussion is whether the trial court erred in making an assessment pursuant to section 960.17, Florida Statutes (1983). Since the…”
— 960.17(1) — 3 cases
Payne v. State (2004)
“Section 960.17(1) provides: Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have…”
Kirk v. State (2004)
“The State responds that no error has been shown because payment of restitution to the Bureau of Victim Compensation is specifically authorized by section 960.17(1), Florida Statutes (2003), and the documentation provided by the State to prove the amount of restitution was…”
Latham v. State (2016)
“Section 960.17(1) provides that “[a]ny payment of benefits to, or on behalf of, a -victim or other claimant under this chapter creates a debt due and owing to the state [and] shall create an obligation of restitution in accordance with [section] 775,089.”
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