Florida Statute 960.295 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.295

960.295 Civil restitution lien supplemental to other forms of restitution available to lienholder.—

(1) PRESERVATION OF EXISTING RESTITUTION REMEDIES.—The civil restitution lien provided for in this civil restitution lien act is intended to enable crime victims, the state and its local subdivisions, and other aggrieved parties to seek a restitution remedy that is alternative and supplemental to existing statutory and common-law remedies that are available for restitution. The rights of crime victims, the state and its local subdivisions, and other aggrieved parties to seek any existing remedy for restitution, instead of or in addition to seeking a civil restitution lien order under this civil restitution lien act, are preserved.

(2) APPLICABILITY OF OTHER CIVIL REMEDIES; ESTOPPEL AS A LIMITATION UPON ENFORCEMENT.—A civil restitution lien order entered under this civil restitution lien act does not bar any subsequent civil remedy or recovery, but the amount of such restitution must be set off against any subsequent independent civil recovery. Notwithstanding this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting costs on conviction ordered under chapter 939, relating to court costs; moneys awarded under this chapter, relating to victim assistance; moneys awarded by a restitution order under s. 775.089, relating to restitution; proceeds resulting from forfeitures ordered under chapter 895, relating to racketeering offenses and illegal debts; moneys distributed pursuant to a lien placed on the offender’s property under s. 944.512, relating to the state lien on literary and other accounts of crimes; or inmate reimbursements under chapter 946, relating to correctional work programs, except that no duplicate recovery may be made in favor of crime victims, the state and its local subdivisions, and other aggrieved parties.

History.—s. 7, ch. 94-342; s. 33, ch. 95-184.

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Amendments to 960.295

Arrestable Offenses / Crimes under Fla. Stat. 960.295

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.295.

Annotations, Discussions, Cases:

Cases Citing Statute 960.295

Total Results: 2

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: language it (selectively) quotes from section 960.295(2) can be fully explained by antecedent provisions… majority opinion mistakenly relies on section 960.295, Florida Statutes (2002) (“Civil restitution lien

Childers v. State

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

Citation: 936 So. 2d 585

Snippet: restitution order under s. 775.089. ..." § 960.295(2), Fla. Stat. (2002)(emphasis added). Finally,… language it (selectively) quotes from section 960.295(2) can be fully explained by antecedent provisions… majority opinion mistakenly relies on section 960.295, Florida Statutes (2002) ("Civil restitution