Florida Statute 960.293 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.293

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.

F.S. 960.293 on Google Scholar

F.S. 960.293 on Casetext

Amendments to 960.293

Arrestable Offenses / Crimes under Fla. Stat. 960.293

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.293.

Annotations, Discussions, Cases:

Cases Citing Statute 960.293

Total Results: 20

Florida Department of Corrections v. Ivan De La Paz

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-29T00:00:00-07:00

Snippet: ”), specifically sections 960.291(5)(b)(1) and 960.293(2)(b), Florida Statutes (2022). In its motion, …subdivisions, and aggrieved parties as set forth in s. 960.293.” Section 960.292(2), in turn, provides: … whichever occurs later. 1 Section 960.293(2)(b), Florida Statutes (2022), provides:

ASLEYS ACOSTA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: the state . . . as set forth in s. 960.293."), and § 960.293(2)(b) (setting the amount of restitution…s conviction." Id. (citing §§ 960.292(1), 960.293(2)). To that end, section 960.292(2), Florida…the Department the amount provided under section 960.293(2)(b). On appeal, Mr. Acosta asserts several… a civil restitution lien pursuant to sections 960.293 and 960.297 to recover the incarceration costs

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE SAMANTHA LEE WARD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: impose a civil restitution lien pursuant to section 960.293, Florida Statutes (2022). The court thereafter …mandated."). Pertinent here, section 960.293(2) provides that "[u]pon conviction, a convicted…felony, the offender is liable for $250,000. § 960.293(2)(a). Otherwise, an offender …impose civil restitution liens pursuant to section 960.293 are civil in nature. See Goad v. Fla. Dep'… obtain a civil restitution lien under section 960.293(2) does not invoke the due process concerns that

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

SETH CONNER WELLS vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-11T00:00:00-07:00

Snippet: sentencing. § 960.293, Fla. Stat. (2022). Wells argues that section 960.293 violates the Excessive…to his ordered costs of incarceration. Section 960.293, Florida Statutes, provides: (2) Upon…expressly held that the costs imposed by section 960.293 are civil rather than punitive in nature. Goad …a civil restitution lien pursuant to sections 960.293 and 960.297 to recover the incarceration costs

JOHN S. CAMMALLERI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-22T23:53:00-08:00

Snippet: 30, 2016 pursuant to Florida Statute Section 960.293(2)(b) and finding that the Defendant has … 30, 2016 pursuant to Florida Statute Section 960.293(2)(b) and finding that the Defendant has

Andrew J. Curtis v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-23T00:00:00-07:00

Citation: 187 So. 3d 947

Snippet: court then pronounced that pursuant to section 960.293, Florida Statutes (2014), the court was required…correctly imposed the civil lien, pursuant to section 960.293, Florida Statutes. “We review a trial court…subdivisions, and aggrieved parties as set forth in s.960.293.” § 960.292(1), Fla. Stat. (2014). Subsection (… § 960.292(2) (emphasis added). Section 960.293(2)(b), Florida Statutes, provides for the imposition…of a liquidated damage amount of $50 per day. § 960.293(2)(b), Fla. Stat. (2014). “Damages shall be based

Allister A. Freeman v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-29T00:00:00-07:00

Citation: 165 So. 3d 695

Snippet: other correctional costs.” § 960.293(2), Fla. Stat. (2013). Section 960.293(2)(b) specifies that: …time-served under section 960.293(2)(b), the Eleventh Circuit has held that “[ejection 960.293(2) does not limit…sentences on the robbery count. Pursuant to section 960.293 of the Florida Statutes, the court also imposed…the amount of the lien. 1 Section 960.293(2) of the Florida Statutes provides that “[u]pon…by the court at the time of sentencing. § 960.293(2)(b), Fla. Stat. (2013). Based on this statute

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-27T00:00:00-08:00

Citation: 128 So. 3d 964

Snippet: incarceration and other correctional costs); § 960.293, Fla. Stat. (2012) (providing that upon conviction…action to recover the costs set forth in section 960.293); see also Miami-Dade Cnty. v. Moss, 842 So.2d …3d DCA 2003) (“[T]he plain language of section 960.293(2)(b) states that damages are liquidated for the

Guilder v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-06T00:00:00-07:00

Citation: 89 So. 3d 1063

Snippet: lien in favor of the State, relying upon section 960.293, Florida Statutes (2006). The statute provides …favor of the state or its local subdivisions. § 960.293(2)(a)-(b), Fla. Stat.1 The defendant insists the…lien under both subsections. As written, section 960.293 sets forth two scenarios: one where the defendant…imposed by the court at the time of sentencing.” § 960.293(2)(b), Fla. Stat.. No. 4D09-4664 District

Osborne v. Dumoulin

Court: Fla. | Date Filed: 2011-02-03T00:00:00-08:00

Citation: 55 So. 3d 577

Snippet: Fla.1998) ("[T]he civil restitution lien [§ 960.293, Fla. Stat. (Supp.1994)] cannot be a cloud on homestead

Welsh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-06T00:00:00-07:00

Citation: 47 So. 3d 332

Snippet: Affirmed. The imposition of a lien under section 960.293(2)(b), Florida Statutes, is a civil matter, not

Smith v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-25T00:00:00-08:00

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

Snippet: upon the offender’s conviction. §§ 960.292(1), 960.293(2), Fla. Stat. The amount of the liability is established…recovery of the amounts provided for in section 960.293 “in a separate civil action or as a counterclaim…offender upon his conviction. See §§ 960.292(1), 960.293(2), Fla. Stat. Therefore, because section 960.297…95.031(1), Fla. Stat. The plain language of section 960.293(2) provides that a life-sentenced offender is liable…losses to ... the state ... as set forth in s. 960.293.” (emphasis added)). By the terms of the statute

Green v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-15T00:53:00-07:00

Citation: 998 So. 2d 1149

Snippet: incarceration pursuant to sections 960.291(1), (5)(b) and 960.293(2)(b), Florida Statutes (2005).[1] Indeed, the …restitution lien under sections 960.292(2) and 960.293(2)(b) for "liquidated damages" for the… amount would have been set at $250,000. See § 960.293(2)(a). [3] Obviously there was also no reduction

Wilson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:00:00-07:00

Citation: 957 So. 2d 683

Snippet: subdivisions, and aggrieved parties as set forth in s. 960.293. The conviction shall estop the convicted offender…respect to the costs of incarceration. Section 960.293 provides that: (2) Upon conviction, a convicted…Victims' Remedy Act, which contains section 960.293, does not violate substantive due process because…845 So.2d at 885, Wilson is liable under section 960.293(2) for either $50 daily or $250,000, but not both

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-02T00:00:00-08:00

Citation: 931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

Snippet: 775.089(l)(c), Florida Statutes (2002). See § 960.293(2), Fla. Stat. (2002) (“Upon conviction, a convicted

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-01T23:53:00-08:00

Citation: 936 So. 2d 585

Snippet: 775.089(1)(c), Florida Statutes (2002). See § 960.293(2), Fla. Stat. (2002) ("Upon conviction, a

Mayolo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-16T00:00:00-08:00

Citation: 901 So. 2d 178

Snippet: the costs of incarceration mandated by sections 960.293(2)(a) and 960.297(2), Florida Statutes (Supp.1994

McMurry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T23:53:00-08:00

Citation: 890 So. 2d 494

Snippet: assess such a cost. We disagree and affirm. Section 960.293(2)(b), Florida Statutes (2003), provides: (2) Upon

Miami-Dade County v. Moss

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-16T00:53:00-07:00

Citation: 842 So. 2d 284

Snippet: incarceration pursuant to section 960.293, Florida Statutes (2000). Section 960.293(2) provides that a convicted…which he was sentenced. We reverse because section 960.293(2)(b), Florida Statutes (2000) provides that the… reverse because the plain language of section 960.293(2)(b) states that damages are liquidated for the