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

Ricky D. Dixon, Secretary of the Florida Department of Corrections v. Angel Luis Montero W

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: restitution lien, against a convicted offender.” § 960.29(1)(d), Fla. Stat. (2024). Section 960.292(1), Florida

Florida Department of Corrections v. O'Neal

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: punitive damages. 2 The Act includes sections 960.29 through 960.297, Florida Statutes (2022).

ASLEYS ACOSTA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-19

Snippet: So. 3d 124, 126 (Fla. 1st DCA 2010) (quoting § 960.29(1)(d), Fla. Stat. (2005)). Under the resulting

Allister A. Freeman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-04-29

Citation: 165 So. 3d 695, 2015 Fla. App. LEXIS 6311

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

Harris v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-01-16

Citation: 157 So. 3d 345, 2015 Fla. App. LEXIS 477

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: District Court of Appeal of Florida | Date Filed: 2010-01-25

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

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2007-05-04

Citation: 957 So. 2d 683, 2007 WL 1295736

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: District Court of Appeal of Florida | Date Filed: 2006-02-02

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: District Court of Appeal of Florida | Date Filed: 2006-02-02

Citation: 936 So. 2d 585, 2006 WL 2620262

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

Lusunariz v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-07-20

Citation: 908 So. 2d 1094, 2005 WL 1681454

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: Supreme Court of Florida | Date Filed: 2003-02-27

Citation: 845 So. 2d 880, 28 Fla. L. Weekly Supp. 176, 2003 Fla. LEXIS 258, 2003 WL 545857

Snippet: Legislature specifically set out its intent in section 960.29: The Legislature finds that former approaches to

STATE, DEPT. OF CORRECTIONS v. Goad

Court: District Court of Appeal of Florida | Date Filed: 2000-03-13

Citation: 754 So. 2d 95, 2000 Fla. App. LEXIS 2692, 2000 WL 266334

Snippet: Restitution Lien and Crime Victims' Remedy Act. See §§ 960.29-297, Fla. Stat. (Supp.1994). The Florida Supreme

Bunch v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-22

Citation: 745 So. 2d 400, 1999 WL 960792

Snippet: approved, 689 So.2d 1061 (Fla.1997). See also *402 § 960.29(2)(b), Fla. Stat. (1997)("civil restitution lien

Rolling v. State Ex Rel. Butterworth

Court: District Court of Appeal of Florida | Date Filed: 1999-09-28

Citation: 741 So. 2d 627, 1999 WL 761166

Snippet: Statutes, in Count I of the complaint and sections 960.29 through 960.297 in Count II, the state sought imposition

Ilkanic v. City of Fort Lauderdale

Court: Supreme Court of Florida | Date Filed: 1998-01-15

Citation: 705 So. 2d 1371, 23 Fla. L. Weekly Supp. 25, 1998 Fla. LEXIS 37, 1998 WL 10590

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

City of Fort Lauderdale v. Ilkanic

Court: District Court of Appeal of Florida | Date Filed: 1996-10-23

Citation: 683 So. 2d 563, 1996 Fla. App. LEXIS 11107, 1996 WL 603790

Snippet: expenses of incarcerating convicted offenders. § 960.29, Fla. Stat. (1995). The Legislature states that

Doctor v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-09-11

Citation: 679 So. 2d 76, 1996 WL 512056

Snippet: judgment for restitution, presumably under section 960.29 et seq. (Supp.1994), would be ordered. Our record

Coradi v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-03-27

Citation: 670 So. 2d 1112, 1996 Fla. App. LEXIS 3067, 1996 WL 135511

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

Gary v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-03-13

Citation: 669 So. 2d 1087, 1996 WL 106429

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: District Court of Appeal of Florida | Date Filed: 1996-03-06

Citation: 668 So. 2d 1114, 1996 WL 93923

Snippet: victim a civil restitution lien pursuant to sections 960.29 et seq., Florida Statutes (Supp.1994). In Halper