CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 2692, 2000 WL 266334
...purposes, then they are likely civil in nature for ex post facto purposes. This point is underscored by the fact that our supreme court once rejected an ex post facto challenge to a similar statute on the ground that it afforded only a civil remedy. Section 944.485, Florida Statutes required all prison inmates to disclose their assets and income as a condition of parole eligibility so that the cost of their subsistence could be subsequently assessed....
CopyCited 6 times | Published | Supreme Court of Florida
...Traynham of Patterson & Traynham, Tallahassee, for appellants. Jim Smith, Atty. Gen., and Lucy H. Harris, Asst. Atty. Gen., Tallahassee, for appellees. ENGLAND, Justice. This cause is before this Court on direct appeal from a final judgment of the circuit court upholding as facially valid section 944.485, Florida Statutes (Supp....
...Byron, Harless, Schaffer, Reid and Associates, Inc.,
379 So.2d 633 (Fla. 1980), quashing the lower court's decision on which appellants rely. Similarly, the other alleged infirmities raised by appellants are devoid of merit and do not warrant extended discussion. Appellants' ex post facto argument presumes that section
944.485 operates to increase "punishment" for prisoners whose crimes were committed prior to its effective date....
...1357, 1415-17,
6 L.Ed.2d 625 (1961), and it can appropriately be raised by individual inmates on their disclosure forms, see Garner v. United States,
424 U.S. 648,
96 S.Ct. 1178,
47 L.Ed.2d 370 (1976). Finally, appellants' unlawful delegation argument is simply not persuasive. In enacting section
944.485, the legislature has prescribed sufficient standards and guidelines to comply with article II, section 3, of the Florida Constitution. Reynolds v. State,
383 So.2d 228 (Fla. 1980); Florida State Board of Architecture v. Wasserman,
377 So.2d 653 (Fla. 1979). The trial court's order upholding section
944.485 in the face of appellants' constitutional challenges is affirmed....
...ed. This statute allows administrative officials to impose additional burdens as a condition of parole eligibility. The prisoner is faced with a deprivation either of property or liberty, without due process of law. I respectfully dissent. NOTES [*] Section 944.485, Florida Statutes (Supp....
...ns for opposition to the assessment. (3) The department shall promulgate, within 90 days of October 1, 1978, rules which implement this section. For the rules of the Department of Corrections regarding the financial disclosure of inmates pursuant to section 944.485, see Florida Administrative Code rule 33-17.
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2562
...Florida Case Law. My conclusion that costs are not a penalty is consistent with Florida Supreme Court case law as well. In Ivory v. Wainwright,
393 So.2d 542 (Fla. 1980), the supreme court upheld a statute against an ex post facto attack. The statute under attack, section
944.485, Florida Statutes (Supp....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15948
...Such disclosures would aid in determination of the inmate’s ability to pay all or a portion of his daily subsistence costs while in the correctional system, and would be of additional value in enforcing the requirement that the inmate pay the liability or potential liability of the inmate to the victim of his crime (Section 944.485(l)(b), Florida Statutes (1978))....
