Florida Statute 960.291 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.291

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.

F.S. 960.291 on Google Scholar

F.S. 960.291 on Casetext

Amendments to 960.291

Arrestable Offenses / Crimes under Fla. Stat. 960.291

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.291.

Annotations, Discussions, Cases:

Cases Citing Statute 960.291

Total Results: 7

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 judgment pursuant to sections 960.291(5)(b)(1), 960.292, 960.293(2)(b), 960.297(1), and

Lorenzo Golphin v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: except the box reserving jurisdiction “per F.S. 960.291, et. seq.”

Florida Department of Corrections v. Ivan De La Paz

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

Snippet: Remedy Act (the “Act”), specifically sections 960.291(5)(b)(1) and 960.293(2)(b), Florida Statutes (2022)

Green v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-15

Citation: 998 So. 2d 1149, 2008 WL 4569902

Snippet: the costs of incarceration pursuant to sections 960.291(1), (5)(b) and 960.293(2)(b), Florida Statutes

Behm v. Campbell

Court: District Court of Appeal of Florida | Date Filed: 2006-03-10

Citation: 925 So. 2d 1070, 2006 WL 566107

Snippet: "convictions" under the sentencing guidelines); § 960.291(3), Fla. Stat. ("Conviction" means a guilty verdict

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: personal property" of a convicted offender. See § 960.291(7),.292(2), Fla. Stat. Such property "includes

City of Jacksonville v. Caverly

Court: District Court of Appeal of Florida | Date Filed: 1999-02-12

Citation: 727 So. 2d 307, 1999 Fla. App. LEXIS 1380, 1999 WL 77745

Snippet: predicated on a violation of criminal law. The section 960.291(2) and (3), Fla.Stat., definitions of “conviction”