Florida Statutes

Fla. Stat. § 960.293 (2025)

Determination of damages and losses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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960.293 Determination of damages and losses.—

(1) In a civil suit for damages filed by a crime victim against a convicted offender, the crime victim is entitled to liquidated damages in an amount equal to the actual damages award.

(2) Upon conviction, a convicted offender is liable to the state and its local subdivisions 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 $250,000.

(b) If the conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of the sentence imposed by the court at the time of sentencing.

History.—s. 5, ch. 94-342; s. 28, ch. 95-184; s. 16, ch. 2009-63.

Notes of Decisions

Cited in 43 cases (13 in the last 5 years), 1995–2026 · leading case: Heggs v. State, 759 So. 2d 620 (Fla. 2000).

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Heggs v. State, 759 So. 2d 620 (Fla. 2000). · cites it 2× “For example, section 28 amends section 960.293, Florida Statutes, to reflect that a crime victim should be compensated in a civil suit for damages for actual losses suffered as a result of the crime.”

Ilkanic v. City of Fort Lauderdale, 705 So. 2d 1371 (Fla. 1998). · cites it 4× “§ 960.293(2)(b), Fla. Stat. (Supp.1994). Ilkanic contends that the flat per diem charge violates convicted prisoners' substantive due process rights.”

Calvin Slade v. Hampton Roads Reg'l Jail, & Commonwealth of Virginia, Intervenor, 407 F.3d 243 (4th Cir. 2005). “g„ Fla. Stat. § 960.293 (2) (2003); Iowa Code § 356.”

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). · cites it 2× “See § 960.293(2), Fla. Stat. (2002) ("Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.”

Goad v. Florida Dept. of Corr., 845 So. 2d 880 (Fla. 2003). · cites it 2× “Section 960.293 provides that a defendant who is incarcerated for an offense that is neither a capital offense nor a life felony offense is liable to the state in the amount of per day for the costs of incarceration.”

Leonard G. Tillman v. Lebanon Cnty. Corr. Facility Robert L. Raiger, Warden, 221 F.3d 410 (3rd Cir. 2000). “Ann. Stat. § 217.435 (2); Neb.Rev.Stat. Ann.”

Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010). · cites it 4× “This distinction is significant because, as a civil action, the counterclaim is subject to the provisions of chapter 95 and the rules of civil procedure.”

Osborne v. Dumoulin, 55 So. 3d 577 (Fla. 2011). · cites it 2× “1998) (“[T]he civil restitution lien [§ 960.293, Fla. Stat. (Supp.1994) ] cannot be a cloud on homestead property.”

Miami-Dade Cnty. v. Moss, 842 So. 2d 284 (Fla. 3d DCA 2003). · cites it 6× “After his release, the County filed suit against Moss to recover the costs of incarceration pursuant to section 960.293, Florida Statutes (2000).”

Allister A. Freeman v. State of Florida, 165 So. 3d 695 (Fla. 4th DCA 2015). · cites it 9× “Pursuant to section 960.293 of the Florida Statutes, the court also imposed a civil lien against Appellant for incarceration costs.”

Nevels v. State, 685 So. 2d 856 (Fla. 2d DCA 1995). · cites it 3× “In addition, the trial judge assessed appellant ,000 as a civil restitution lien pursuant to section 960.293, Florida Statutes (Supp.1994).”

Waters v. Bass, 304 F. Supp. 2d 802 (E.D. Va. 2004). “§ 31-121 (2003) (authorizing recovery of costs of prisoner meals); Ark Code § 12-29-504 (2003); Fla. Stat. § 960.293 (2) (2003); Iowa Code § 356.”

Show all 43 citing cases →

— 960.293(1)(a) — 1 case

Rosero v. State, 668 So. 2d 1114 (Fla. 4th DCA 1996).

— 960.293(2) — 12 cases

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). “See § 960.293(2), Fla. Stat. (2002) ("Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.”

Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010). “This distinction is significant because, as a civil action, the counterclaim is subject to the provisions of chapter 95 and the rules of civil procedure.”

Allister A. Freeman v. State of Florida, 165 So. 3d 695 (Fla. 4th DCA 2015). “Pursuant to section 960.293 of the Florida Statutes, the court also imposed a civil lien against Appellant for incarceration costs.”

Miami-Dade Cnty. v. Moss, 842 So. 2d 284 (Fla. 3d DCA 2003). “After his release, the County filed suit against Moss to recover the costs of incarceration pursuant to section 960.293, Florida Statutes (2000).”

Wilson v. State, 957 So. 2d 683 (Fla. 5th DCA 2007).

— 960.293(2)(a) — 5 cases

Green v. State, 998 So. 2d 1149 (Fla. 2d DCA 2008).

Florida Dep't of Corr. v. Julianne M. Holt, Pub. Def. of the Thirteenth Jud. Circuit & Honorable Samantha Lee Ward (Fla. 2d DCA 2023).

Florida Dep't of Corr. v. Julianne M. Holt, Pub. Def. of the Thirteenth Jud. Circuit (Fla. 2d DCA 2023).

Florida Dep't of Corr. v. O'Neal (Fla. 2d DCA 2024).

Guilder v. State, 89 So. 3d 1063 (Fla. 4th DCA 2012).

— 960.293(2)(b) — 21 cases

Ilkanic v. City of Fort Lauderdale, 705 So. 2d 1371 (Fla. 1998). “§ 960.293(2)(b), Fla. Stat. (Supp.1994). Ilkanic contends that the flat per diem charge violates convicted prisoners' substantive due process rights.”

Goad v. Florida Dept. of Corr., 845 So. 2d 880 (Fla. 2003). “Section 960.293 provides that a defendant who is incarcerated for an offense that is neither a capital offense nor a life felony offense is liable to the state in the amount of per day for the costs of incarceration.”

Joseph v. Henderson, 834 So. 2d 373 (Fla. 2d DCA 2003).

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