Florida Statute 960.297 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.297

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.

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Amendments to 960.297

Annotations, Discussions, Cases:

Cases Citing Statute 960.297

Total Results: 12

Goad v. Florida Dept. of Corrections

845 So. 2d 880, 28 Fla. L. Weekly Supp. 176, 2003 Fla. LEXIS 258, 2003 WL 545857

Supreme Court of Florida | Filed: Feb 27, 2003 | Docket: 1432398

Cited 17 times | Published

the costs of incarceration. By the terms of section 960.297, the state may recover these costs for the

STATE, DEPT. OF CORRECTIONS v. Goad

754 So. 2d 95, 2000 Fla. App. LEXIS 2692, 2000 WL 266334

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 431020

Cited 9 times | Published

Appellant. Appellee, pro se. PADOVANO, J. Section 960.297, Florida Statutes authorizes the state to initiate

Wilson v. State

957 So. 2d 683, 2007 WL 1295736

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1270856

Cited 5 times | Published

impose the costs of incarceration because section 960.297, Florida Statutes (2003), provided that the

Smith v. Florida Department of Corrections

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

District Court of Appeal of Florida | Filed: Jan 25, 2010 | Docket: 1664367

Cited 2 times | Published

lia*126bility and asserting a counterclaim pursuant to section 960.297(1), Florida Statutes (2005), for the costs

Palomares v. State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70807599

Published

property." § 960.294(2). Alternatively, section 960.297 provides that the "state and its local

Florida Department of Corrections v. O'Neal

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455320

Published

action or as counterclaim in any civil action. See § 960.297(1). On this record, it is clearly established

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

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

4 counterclaim in any civil action. § 960.297(1). However, the court of conviction also retains

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

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

4 counterclaim in any civil action. § 960.297(1). However, the court of conviction also retains

William A. White v. Dennis Lemma

Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2020 | Docket: 16762338

Published

White’s costs of confinement. See Fla. Stat. § 960.297(1). White does not allege facts sufficient to

William A. White v. Dennis Lemma

Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2020 | Docket: 16781125

Published

White’s costs of confinement. See Fla. Stat. § 960.297(1). White does not allege facts sufficient to

Brown v. State

128 So. 3d 964, 2013 WL 6977960, 2013 Fla. App. LEXIS 20510

District Court of Appeal of Florida | Filed: Dec 27, 2013 | Docket: 60237244

Published

incarceration and other correctional costs); § 960.297 (authorizing a civil action to recover the costs

Lusunariz v. State

908 So. 2d 1094, 2005 WL 1681454

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1397777

Published

sentence remaining *1095 after July 1, 1994. See § 960.297, Fla. Stat. (Supp.1994). See generally Goad v