960.297
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 Department of Corrections
Smith v. Florida Department of Corrections (2010)
“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 Corrections (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.”
William A. White v. Dennis Lemma (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 CORRECTIONS v. Goad (2000)
“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 (2007)
“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 (2005)
“See § 960.297, Fla. Stat. (Supp.1994). See generally Goad v.”
Palomares v. State of Florida (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 (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.”
Brown v. State (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, Department of Corrections (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.”
William A. White v. Dennis Lemma (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 DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE (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.”
— 960.297(1) — 7 cases
Smith v. Florida Department of Corrections (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 (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 (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, Department of Corrections (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.”
FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE (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.”
— 960.297(2) — 1 case
Goad v. Florida Dept. of Corrections (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
Smith v. Florida Department of Corrections (2010)
“The legislature amended section 960.297 in 2009 to prescribe a specific statute of limitations for actions to recover incarceration costs.”
Baez v. State of Florida, Department of Corrections (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.”
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