Florida Statute 960.29 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.29

960.29 Legislative findings and intent.—The Legislature finds that former approaches to the problem of compensating crime victims through restitution have proven inadequate or have been inconsistently applied in many cases. The Legislature also finds that there is an urgent need to alleviate the increasing financial burdens on the state and its local subdivisions caused by the expenses of incarcerating convicted offenders.

(1) To remedy these problems, consistent with the preservation of all citizens’ constitutional rights, the Legislature intends:

(a) To provide a legal mechanism, in the form of a civil restitution lien, that will enable crime victims, the state, and other aggrieved parties to recover damages and losses arising out of criminal acts, imposed against the real and personal property owned by the convicted offender who committed an offense that caused the damages and losses.

(b) To prevent convicted offenders from increasing their assets after conviction, while their crime victims and the state and local subdivisions remain uncompensated for their damages and losses. To further this legislative purpose, the civil restitution lien shall attach not only to the offender’s current assets but also, should these assets fail to satisfy the lien, to any future assets or “windfall” proceeds which may accrue to the defendant, up to the full amount of the lien.

(c) To ensure that the amount of each civil restitution lien equals the amount of the actual damages awarded in the civil action arising from the crime.

(d) To impose a long-term civil liability for the costs of incarceration, by means of the civil restitution lien, against a convicted offender, regardless of the offender’s financial status at the time of conviction.

(2) The Legislature also finds that crime victims, the state, and its local subdivisions are entitled to rough remedial justice and they may demand compensation for damage and losses.

(3) The Legislature declares that:

(a) The intent of the statute is rationally related to the goal of fully compensating crime victims, the state, and its local subdivisions for damages and losses incurred as a result of criminal conduct.

(b) This civil restitution lien act rests upon the principle of remediation and not punishment, which is meted out by criminal sanctions afforded by law.

(4) The Legislature recognizes that, in many individual cases, the liquidated damage amount awarded by the court in a civil action arising from the crime does not fully compensate crime victims for their actual damages and losses. It is the legislative intent that the civil restitution liens authorized in this act assist crime victims to collect the amounts awarded and authorized as actual and liquidated damages and losses a crime victim incurs as a result of a convicted offender’s conduct, and the state and its local subdivisions incur as a result of implementation of a convicted offender’s sentence.

History.—s. 2, ch. 94-342; s. 29, ch. 95-184.

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Amendments to 960.29

Arrestable Offenses / Crimes under Fla. Stat. 960.29

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.29.

Annotations, Discussions, Cases:

Cases Citing Statute 960.29

Total Results: 20

ASLEYS ACOSTA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: So. 3d 124, 126 (Fla. 1st DCA 2010) (quoting § 960.29(1)(d), Fla. Stat. (2005)). Under the resulting …quot; Id. at 401-02 (second quotation quoting § 960.29(2)(b), Fla. Stat. (1997)). Consistent with that

Allister A. Freeman v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-29T00:00:00-07:00

Citation: 165 So. 3d 695

Snippet: criminal conduct.’ ” Id. (quoting § 960.29(3)(a), Fla. Stat. (2013)) (alterations in original

Harris v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-16T00:00:00-08:00

Citation: 157 So. 3d 345

Snippet: Corrections, 27 So.3d 124, 126 (Fla. 1st DCA 2010); § 960.29(l)(a), Fla. Stat.; 960.292(2), Fla. Stat. . We

Smith v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-25T00:00:00-08:00

Citation: 27 So. 3d 124, 2010 Fla. App. LEXIS 546, 2010 WL 255984

Snippet: a convicted offender ....” § 960.29(l)(d), Fla. Stat.; see also § 960.29(4), Fla. Stat. (stating that …judgment as a matter of law on that issue. In section 960.29, the legislature made the finding that “there is

Wilson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:00:00-07:00

Citation: 957 So. 2d 683

Snippet: 705 So.2d 1371, 1372-73 (Fla.1998); see also § 960.29(3) & (4) (noting the Act rests on the principle

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-02T00:00:00-08:00

Citation: 931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

Snippet: and losses arising out of criminal acts .... ” § 960.29(l)(a), Fla. Stat. (2002). Most significantly, the

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-01T23:53:00-08:00

Citation: 936 So. 2d 585

Snippet: losses arising out of criminal acts ...." § 960.29(1)(a), Fla. Stat. (2002). Most significantly, the

Lusunariz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-20T00:53:00-07:00

Citation: 908 So. 2d 1094

Snippet: 1994. See ch. 94-342, Laws of Fla. (codified as §§ 960.29-960.297, Fla. Stat. (Supp.1994)) ("Civil Restitution

Goad v. Florida Dept. of Corrections

Court: Fla. | Date Filed: 2003-02-27T00:00:00-08:00

Citation: 845 So. 2d 880

Snippet: Legislature specifically set out its intent in section 960.29: The Legislature finds that former approaches to…implementation of a convicted offender's sentence. § 960.29, Fla. Stat. (Supp.1994). The plain language of …HARDING, Senior Justices, concur. NOTES [1] See §§ 960.29-.297, Fla. Stat. (Supp.1994). [2] The Act was …expenses of incarcerating convicted offenders. See § 960.29, Fla. Stat. (Supp.1994). Goad challenges only those

STATE, DEPT. OF CORRECTIONS v. Goad

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-12T23:53:00-08:00

Citation: 754 So. 2d 95

Snippet: Lien and Crime Victims' Remedy Act. See §§ 960.29-297, Fla. Stat. (Supp.1994). The Florida Supreme…its intent to afford only civil remedies. Section 960.29, Florida Statutes contains a finding that "…underscored by the Legislature's statement in section 960.29(3)(b) that the statute "rests upon the principle

Bunch v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-22T00:00:00-07:00

Citation: 745 So. 2d 400

Snippet: approved, 689 So.2d 1061 (Fla.1997). See also *402 § 960.29(2)(b), Fla. Stat. (1997)("civil restitution…lien granted to crime victim pursuant to section 960.29, et. seq., was not "punishment" for purpose…Florida's civil restitution lien statute. §§ 960.29, et. seq., Fla. Stat. (1997). This statute, similar

Rolling v. State Ex Rel. Butterworth

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-28T00:53:00-07:00

Citation: 741 So. 2d 627

Snippet: Statutes, in Count I of the complaint and sections 960.29 through 960.297 in Count II, the state sought imposition… that the lien imposed also rests upon sections 960.29-.297, in their briefs neither appellant has attacked…relies on this alternative statutory basis. Sections 960.29-.297 provide that upon petition by the state, its…his property to London to avoid the lien. See § 960.29, .295, Fla. Stat. Under the above analysis, the

Ilkanic v. City of Fort Lauderdale

Court: Fla. | Date Filed: 1998-01-14T23:53:00-08:00

Citation: 705 So. 2d 1371

Snippet: expenses of incarcerating convicted offenders." § 960.29, Fla. Stat. (Supp.1994). We conclude that imposing

City of Fort Lauderdale v. Ilkanic

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:00:00-07:00

Citation: 683 So. 2d 563

Snippet: expenses of incarcerating convicted offenders. § 960.29, Fla. Stat. (1995). The Legislature states that…meted out by criminal sanctions afforded by law.” § 960.29(3)(b), Fla. Stat. (1995). With regard to the state

Doctor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-09-11T00:00:00-07:00

Citation: 679 So. 2d 76

Snippet: judgment for restitution, presumably under section 960.29 et seq. (Supp.1994), would be ordered. Our record…imposition of a civil restitution lien under section 960.29 et seq. is a civil, not a criminal, action. Accordingly

Coradi v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-27T00:00:00-08:00

Citation: 670 So. 2d 1112

Snippet: and Crime Victims Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994),

Gary v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-12T23:53:00-08:00

Citation: 669 So. 2d 1087

Snippet: Lien and Crime Victims' Remedy Act of 1994 (§§ 960.29-960.297, Fla.Stat. (Supp.1994)) in the amount of

Rosero v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-06T00:00:00-08:00

Citation: 668 So. 2d 1114

Snippet: victim a civil restitution lien pursuant to sections 960.29 et seq., Florida Statutes (Supp.1994). In Halper… intent of the statute, as expressed in section 960.29(1)(c), was to create an accelerated method of providing…imposition of a civil restitution lien under section 960.29 et seq. is a civil, not criminal, action, the protections

Gamble v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-16T00:00:00-08:00

Citation: 668 So. 2d 1048

Snippet: and Crime Victims Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994).1

Wilson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-13T23:53:00-08:00

Citation: 675 So. 2d 613

Snippet: and Crime Victims Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994),