Florida Statutes

Fla. Stat. § 960.297 (2025)

Authorization for governmental right of restitution for costs of incarceration.

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960.297 Authorization for governmental right of restitution for costs of incarceration.—

(1) The state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293.

(2) For those convicted offenders convicted before July 1, 1994, the state and its local subdivisions, in a separate civil action or as a counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293, for the convicted offender’s remaining sentence after July 1, 1994.

(3) Civil actions authorized by this section may be commenced at any time during the offender’s incarceration and up to 5 years after the date of the offender’s release from incarceration or supervision, whichever occurs later.

History.—s. 9, ch. 94-342; s. 35, ch. 95-184; s. 17, ch. 2009-63.

Notes of Decisions

Cited in 14 cases (6 in the last 5 years), 2000–2026 · leading case: Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010).

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Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010). · cites it 30× “The legislature amended section 960.297 in 2009 to prescribe a specific statute of limitations for actions to recover incarceration costs.”

Goad v. Florida Dept. of Corr., 845 So. 2d 880 (Fla. 2003). · cites it 8× “By the terms of section 960.297, the state may recover these costs for the portion of the offender's remaining sentence after July 1, 1994, the effective date of the law.”

William A. White v. Dennis Lemma, 947 F.3d 1373 (11th Cir. 2020). “See Fla. Stat. § 960.297 (1). White does not allege facts sufficient to show that the Sheriff and his counsel were doing anything besides seeking reimbursement for costs not covered by the United States.”

State, Dept. of Corr. v. Goad, 754 So. 2d 95 (Fla. 1st DCA 2000). · cites it 5× “Section 960.297, Florida Statutes authorizes the state to initiate a civil action against a prison inmate to recover the costs of the inmate's incarceration.”

Wilson v. State, 957 So. 2d 683 (Fla. 5th DCA 2007). · cites it 2× “Wilson also argues that the court lacked authority to impose the costs of incarceration because section 960.297, Florida Statutes (2003), provided that the State may pursue a separate civil action, but did not permit the costs to be imposed by the trial court here.”

Lusunariz v. State, 908 So. 2d 1094 (Fla. 3d DCA 2005). · cites it 2× “See § 960.297, Fla. Stat. (Supp.1994). See generally Goad v.”

Palomares v. State of Florida (Fla. 2d DCA 2025). · cites it 17× “Alternatively, section 960.297 provides that the "state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s.”

Palomares v. State of Florida (Fla. 2d DCA 2026). · cites it 17× “Alternatively, section 960.297 provides that the "state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s.”

Brown v. State, 128 So. 3d 964 (Fla. 2d DCA 2013). “(2012) (providing that upon conviction, defendants are liable to the state and its local subdivisions for the costs of incarceration and other correctional costs); § 960.297 (authorizing a civil action to recover the costs set forth in section 960.”

Baez v. State of Florida, Dep't of Corr. (Fla. 2d DCA 2026). · cites it 7× “292(2) must be subject to a time limit—and that time limit should mirror the four-year statute of limitations that applies to civil restitution liens filed under section 960.297. See Smith v. Fla. Dep't of Corr.”

William A. White v. Dennis Lemma (11th Cir. 2020). “See Fla. Stat. § 960.297 (1). White does not allege facts sufficient to show that the Sheriff and his counsel were doing anything besides seeking reimbursement for costs not covered by the United States.”

Florida Dep't of Corr. v. Julianne M. Holt, Pub. Def. of the Thirteenth Jud. Circuit & Honorable Samantha Lee Ward (Fla. 2d DCA 2023). “§ 960.297(1). However, the court of conviction also retains jurisdiction to impose a civil restitution lien for the "duration of the sentence or up to [five] years from release from incarceration or supervision, whichever occurs later.”

Show all 14 citing cases →

— 960.297(1) — 7 cases

Smith v. Florida Dep't of Corr., 27 So. 3d 124 (Fla. 1st DCA 2010). “The legislature amended section 960.297 in 2009 to prescribe a specific statute of limitations for actions to recover incarceration costs.”

Palomares v. State of Florida (Fla. 2d DCA 2025). “Alternatively, section 960.297 provides that the "state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s.”

Palomares v. State of Florida (Fla. 2d DCA 2026). “Alternatively, section 960.297 provides that the "state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s.”

Baez v. State of Florida, Dep't of Corr. (Fla. 2d DCA 2026). “292(2) must be subject to a time limit—and that time limit should mirror the four-year statute of limitations that applies to civil restitution liens filed under section 960.297. See Smith v. Fla. Dep't of Corr.”

— 960.297(2) — 1 case

Goad v. Florida Dept. of Corr., 845 So. 2d 880 (Fla. 2003). “By the terms of section 960.297, the state may recover these costs for the portion of the offender's remaining sentence after July 1, 1994, the effective date of the law.”

— 960.297(3) — 2 cases

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