Florida Statutes

Fla. Stat. § 960.295 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2006–2026 · leading case: Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006).

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Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). · cites it 5× “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.”

Palomares v. State of Florida (Fla. 2d DCA 2025). · cites it 3× “" 'Civil restitution lien' means a lien which exists in favor of crime victims, the 1 We reject Mr.”

Childers v. State, 931 So. 2d 86 (Fla. 1st DCA 2006). · cites it 5× “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.”

Palomares v. State of Florida (Fla. 2d DCA 2026). · cites it 2× “" '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.”

— 960.295(1) — 2 cases

Palomares v. State of Florida (Fla. 2d DCA 2025). “" 'Civil restitution lien' means a lien which exists in favor of crime victims, the 1 We reject Mr.”

Palomares v. State of Florida (Fla. 2d DCA 2026). “" '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.”

— 960.295(2) — 4 cases

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). “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.”

Palomares v. State of Florida (Fla. 2d DCA 2025). “" 'Civil restitution lien' means a lien which exists in favor of crime victims, the 1 We reject Mr.”

Childers v. State, 931 So. 2d 86 (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.”

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