960.292
Enforcement of the civil restitution lien through civil restitution lien order.
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960.292 Enforcement of the civil restitution lien through civil restitution lien order.—The civil restitution lien shall be made enforceable by means of a civil restitution lien order.
(1) Upon conviction, the convicted offender shall incur civil liability for damages and losses to crime victims, the state, its local subdivisions, and aggrieved parties as set forth in s. 960.293. The conviction shall estop the convicted offender from denying the essential allegations of that offense in any subsequent proceedings.
(2) Upon motion by the state, upon petition of the local subdivision, crime victim, or aggrieved party, or on its own motion, the court in which the convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims, the state, its local subdivisions, and other aggrieved parties. The court shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders for the duration of the sentence and up to 5 years from release from incarceration or supervision, whichever occurs later.
(3) The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.
History.—s. 4, ch. 94-342; s. 31, ch. 95-184; s. 15, ch. 2009-63.
Notes of Decisions
Cited in 42
cases (13 in the last 5 years), 1995–2026 · leading case: Smith v. Florida Department of Corrections
Smith v. Florida Department of Corrections (2010)
“for damages and losses for incarceration costs and other correctional costs. (a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of 0,000.”
Nickerson v. State (2015)
“The defendant, Jacquelyn Nickerson, appeals the- trial court’s order granting the State’s Motion Requesting the Court to Retain Jurisdiction (“Motion to Retain jurisdiction”) over the defendant for a period of five years for the sole purpose of imposing civil restitution lien…”
Bunch v. State (1999)
“" § 960.292(2), Fla. Stat. (1997). Accordingly, when Furches petitioned for a restitution lien following Bunch's conviction, and supported his claim with competent evidence of damages, the trial court properly entered the civil restitution lien.”
State v. Sandomeno (2017)
“The state appeals the trial court’s denial of (1) its motion to order restitution as part of defendant’s sentence, filed five *111 days after sentencing, and (2) its motion for entry of a civil restitution lien pursuant to section 960.292, Florida Statutes (2015).”
Kleintank v. State (2015)
“The State properly concedes that pursuant to section 960.292, Florida Statutes (2014), the proper remedy is a civil restitution lien.”
Ridley v. State (2005)
“I concur with the majority opinion and write only to express my belief that neither the victim nor the State is precluded from pursuing restitution pursuant to section 960.292(2), Florida Statutes (2002), which provides that "[t]he court shall have continuing jurisdiction over…”
Ilkanic v. City of Fort Lauderdale (1998)
“§§ 960.292, 960.294, Fla. Stat. (Supp.1994).”
Rodriguez v. State (2005)
“Section 960.292(2), Florida Statutes (2004) provides that the court "shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders.”
Snyder v. State (1995)
“NOTES [1] Section 960.292(3), Florida Statutes (Supp.”
Wilson v. State (2007)
“Section 960.292 details the procedure for imposing a civil restitution lien order, stating in pertinent part: (1) Upon conviction, the convicted offender shall incur civil liability for damages and losses to crime victims, the state, its local subdivisions, and aggrieved parties…”
Rosero v. State (1996)
“29(1)(c), was to create an accelerated method of providing civil restitution to crime victims. Accordingly, as the imposition of a civil restitution lien under section 960.”
Michael E. Riggins v. Rick Beseler, Jr. (2014)
“Fla. Stat. § 960.292 (1), (2). If “the conviction is for an offense other than a capital or life felony, a liquidated damage amount of per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local…”
— 960.292(1) — 9 cases
Smith v. Florida Department of Corrections (2010)
“for damages and losses for incarceration costs and other correctional costs. (a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of 0,000.”
— 960.292(2) — 22 cases
Smith v. Florida Department of Corrections (2010)
“for damages and losses for incarceration costs and other correctional costs. (a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of 0,000.”
Nickerson v. State (2015)
“The defendant, Jacquelyn Nickerson, appeals the- trial court’s order granting the State’s Motion Requesting the Court to Retain Jurisdiction (“Motion to Retain jurisdiction”) over the defendant for a period of five years for the sole purpose of imposing civil restitution lien…”
Bunch v. State (1999)
“" § 960.292(2), Fla. Stat. (1997). Accordingly, when Furches petitioned for a restitution lien following Bunch's conviction, and supported his claim with competent evidence of damages, the trial court properly entered the civil restitution lien.”
Ridley v. State (2005)
“I concur with the majority opinion and write only to express my belief that neither the victim nor the State is precluded from pursuing restitution pursuant to section 960.292(2), Florida Statutes (2002), which provides that "[t]he court shall have continuing jurisdiction over…”
Rodriguez v. State (2005)
“Section 960.292(2), Florida Statutes (2004) provides that the court "shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders.”
— 960.292(3) — 10 cases
Snyder v. State (1995)
“NOTES [1] Section 960.292(3), Florida Statutes (Supp.”
Johnson v. State (1995)
Antonik v. State (1995)
Windham v. State (1995)
— 960.292(8) — 1 case
Barker v. State (1995)
— 960.292(B) — 1 case
Hill v. State (1995)
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