960.291
Definitions.
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960.291 Definitions.—When used in this act, the term:
(1) “Civil restitution lien” means a lien which exists in favor of crime victims, the state, its local subdivisions, or aggrieved party and which attaches against the real or personal property owned by a convicted offender.
(2) “Convicted offender” means a defendant who has a conviction as defined herein entered against the defendant in the courts of this state.
(3) “Conviction” means a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by a defendant, regardless of adjudication of guilt.
(4) “Crime victim” means the victim of a crime and includes the aggrieved party, the aggrieved party’s estate if the aggrieved party is deceased, and the aggrieved party’s next of kin if the aggrieved party is deceased as a result of the conduct of a convicted offender. For the purposes of this act, the term “crime victim” does not include any person who participated in the criminal conduct or criminal episode resulting in the conviction.
(5) “Damages or losses” includes:
(a) Damage or loss to any crime victim which is caused by the conduct of a convicted offender. This amount shall be determined by the court, as provided for in s. 960.293.
(b) Damage or loss to the state and its local subdivisions which is caused by imposition of a convicted offender’s sentence.
1. Such damage or loss to the state and its local subdivisions includes the costs of incarceration and other correctional costs in connection with the implementation of a state court’s sentence. This cost shall be determined by the court, as provided for in s. 960.293.
2. Such damage or loss to the state shall not include those costs on conviction for which the defendant may be held liable under chapter 939.
(6) “Local subdivisions” means local subdivisions of the State of Florida which maintain correctional facilities, such as counties that maintain county correctional facilities or counties that provide funds directly or indirectly for the maintenance of correctional facilities within the county.
(7) “Real or personal property” includes any real or personal property owned by the convicted offender, or that a person possesses on the convicted offender’s behalf, including, but not limited to, any royalties, commissions, proceeds of sale, or any other thing of value accruing to the convicted offender, or a person on the convicted offender’s behalf. The term “real or personal property” specifically includes any financial settlement or court award payable or accruing to a convicted offender or to a person on behalf of the convicted offender. No civil restitution lien created pursuant to the provisions of this act may be foreclosed on real property which is the convicted offender’s homestead under s. 4, Art. X of the State Constitution.
(8) “Sentence” means the court-imposed sentence of a convicted offender.
History.—s. 3, ch. 94-342; s. 30, ch. 95-184; s. 23, ch. 96-312.
Notes of Decisions
Cited in 16
cases (9 in the last 5 years), 1999–2026 · leading case: Paul Stephens v. Nick Degiovanni, individually
Paul Stephens v. Nick Degiovanni, individually (2017)
“” Fla. Stat. § 960.291 (3) (emphasis added); see Fla.”
Behm v. Campbell (2006)
“2005) (defendant's no contest pleas with adjudication of guilt withheld constituted prior "convictions" under the sentencing guidelines); § 960.291(3), Fla. Stat. ("Conviction" means a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by a defendant,…”
Epstein v. Toys-R-Us Delaware, Inc. (2003)
“See Fla. Stat. § 960.291 (3) (defining “conviction” to include “a guilty or nolo contendere plea by a defendant, regardless of adjudication of guilt”); Fla.”
Kenneth Patrick Quinlan v. City of Pensacola (2011)
“Because a plea of nolo contendere constitutes a conviction under Florida law, Fla. Stat. § 960.291 (3), a finding that the officers did not have probable cause would imply the invalidity of Quin-lan’s conviction for resisting an officer without violence.”
Rolling v. State Ex Rel. Butterworth (1999)
“" § 960.291(7), Fla. Stat. Thus, under the plain language of the statute, the lien encompasses items such as Rolling's "art" and autographs and the proceeds therefrom.”
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
City of Jacksonville v. Caverly (1999)
“The section 960.291(2) and (3), Fla.Stat., definitions of “conviction” and “convicted offender” likewise use terminology which doés not pertain in the chapter 39 juvenile context.”
Thomas v. Beebe (2024)
“§ 960.291(3), Fla. Stat.; Stephens, 852 F.”
Thomas v. Beebe (2024)
“§ 960.291(3), Fla. Stat.; Stephens, 852 F.”
CLARK v. SANTA ROSA COUNTY SHERIFF'S DEPARTMENT (2024)
“” Fla. Stat. § 960.291 (3); see also Fla. Stat.”
Cecilia C. Pressley v. United States of America (2026)
“See Fla. Stat. § 960.291 (3) (a “conviction” includes a “nolo contendere plea by a defendant, regardless of adjudication of guilt”).”
— 960.291(1) — 2 cases
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(2) — 3 cases
City of Jacksonville v. Caverly (1999)
“The section 960.291(2) and (3), Fla.Stat., definitions of “conviction” and “convicted offender” likewise use terminology which doés not pertain in the chapter 39 juvenile context.”
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(3) — 7 cases
Behm v. Campbell (2006)
“2005) (defendant's no contest pleas with adjudication of guilt withheld constituted prior "convictions" under the sentencing guidelines); § 960.291(3), Fla. Stat. ("Conviction" means a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by a defendant,…”
Thomas v. Beebe (2024)
“§ 960.291(3), Fla. Stat.; Stephens, 852 F.”
Thomas v. Beebe (2024)
“§ 960.291(3), Fla. Stat.; Stephens, 852 F.”
— 960.291(4) — 2 cases
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(5) — 2 cases
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(5)(b) — 2 cases
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(6) — 2 cases
Palomares v. State of Florida (2025)
“" § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
Palomares v. State of Florida (2026)
“2 § 960.291(1). Though the definition of the civil restitution lien does not explain the nature of the underlying debt warranting the imposition of the lien, see Lien, American Heritage Dictionary (5th ed.”
— 960.291(7) — 1 case
Rolling v. State Ex Rel. Butterworth (1999)
“" § 960.291(7), Fla. Stat. Thus, under the plain language of the statute, the lien encompasses items such as Rolling's "art" and autographs and the proceeds therefrom.”
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