Florida/Georgia Personal Injury & Workers Compensation

...rom Grigsby as well as Bay County. Prior to trial Bay County and Carswell entered into a settlement agreement. Under the terms of the agreement Carswell dismissed his claim against Bay County and Bay County dismissed its counterclaim under Fla.Stat. § 951.032 for the recovery of medical expenses incurred during Carswell’s hospitalization....

...The allegations in this case are different in that the plaintiff alleges that the actions and policies of the county and the sheriffs office did affect in various ways the health care received by Mr. Ancata. The actions are not solely based upon their status as a public body. . Fla.Stat.Ann. § 951.032 states in pertinent part: (1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses incurred in the...

...[11] Hospital Board of Directors v. Durkis, 426 So.2d 50, upon which the court relies in Fort Myers, is, as we have already said, a case that does not address whether the prisoner was indigent or non-indigent. [12] There is no conflict between Section 901.35 and Section 951.032, Florida Statutes (1983), and Section 951.032 lends no support to the holding in Fort Myers. Section 951.032 provides: "(1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses incurred in the following...

...A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may not receive gaintime as provided by s. 951.21." Section 901.35 contemplates that the health care provider has not been paid and fixes the order in which the provider is to seek payment. Section 951.032 contemplates that the governmental body has paid the provider, for example, under an ongoing service contract, and fixes the order in which it is to seek reimbursement.

...Blum, Annotation, Validity, Construction, and Application of State Statute Requiring Inmate to Reimburse Government for Expense of Incarceration, 13 A.L.R. 5th 872 (1993). It does appear that the challenged assessments have been authorized by the legislature. Section 951.032, Florida Statutes (1995), allows county and municipal detention facilities to recoup certain medical expenses from prisoners....

...The plain meaning of the word "prisoner" is "a person held in custody, captivity, or a condition of forcible restraint, esp[ecially] while on trial or serving a prison sentence." The American Heritage Dictionary 986 (2d coll. ed.1991) (emphasis added). Thus, it appears that section 951.032's reference to prisoners includes both pre-trial detainees and those serving sentences following convictions. The legislation authorizing assessment for the subsistence costs reimbursement was a product of the 1996 legislative session. § 951.033, Fla. Stat. (Supp.1996). [2] As with section 951.032, the term "prisoner" is not defined in this statute but the same reasoning suggests that pretrial detainees are included....

...If funds were not available from an (a) insurance company, (b) Myers, or (c) a financial settlement, then this section mandates that Broward would be responsible for payment from its general fund. *866 After an analysis of section 901.35, Florida Statutes, we next turn to section 951.032, Florida Statutes, which we find to be instructive: 951.032 FINANCIAL RESPONSIBILITY FOR MEDICAL EXPENSES (1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses...

...A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner's cash account or other personal property and may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to be in harmony with section 951.032 Florida Statutes and in support of HRS and Cochran's position that they should not be responsible for payment of Myers' medical care....

...We strike the remainder. See Reyes, 655 So.2d at 117. Finally, the trial court assessed $368 for medical expenses incurred while Morran was in custody. We strike this assessment. Although a county may seek reimbursement for medical costs under section 901.35 or section 951.032, these statutes do not authorize the trial court to impose these costs as a condition of probation....

...rel Wainwright v. Booth, 291 So.2d 74 (Fla. 2d DCA 1974), the court held it was the duty of the county sheriff to house, transport, and provide security arrangements for the trial of five defendants accused of committing murder in a state prison. *142 Under Section 951.032, Florida Statutes (1987), a county or municipal detention facility may seek reimbursement from a prisoner when expenses solely relating to medical treatment are incurred....

...If funds were not available from an (a) insurance company, (b) Myers, or (c) a financial settlement, then this section mandates that Broward would be responsible for payment from its general fund. *866 After an analysis of section 901.35, Florida Statutes, we next turn to section 951.032, Florida Statutes, which we find to be instructive: 951.032 FINANCIAL RESPONSIBILITY FOR MEDICAL EXPENSES (1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses...

...A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner’s cash account or other personal property and may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to be in harmony with section 951.032 Florida Statutes and in support of HRS and Cochran’s position that they should not be responsible for payment of Myers’ medical care....

...Hospital Board of Directors v. Durkis, 426 So.2d 50 , upon which the court relies in Fort Myers, is, as we have already said, a case that does not address whether the prisoner was indigent or non-indigent. . There is no conflict between Section 901.35 and Section 951.032, Florida Statutes (1983), and Section 951.032 lends no support to the holding in Fort Myers. Section 951.032 provides: "(1) A county detention facility or municipal detention facility incurring expenses for providing medical care, treatment, hospitalization, or transportation may seek reimbursement for the expenses incurred in the following...

...A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may not receive gain-time as provided by s. 951.21.” Section 901.35 contemplates that the health care provider has not been paid and fixes the order in which the provider is to seek payment. Section 951.032 contemplates that the governmental body has paid the provider, for example, under an ongoing service contract, and fixes the order in which it is to seek reimbursement.

...For the foregoing reasons, we reverse the order and judgment for restitution. Our reversal is without prejudice to the Pinellas County Sheriff's right to seek reimbursement for the medical expenses at issue under either section 901.35, Florida Statutes (2005), or section 951.032, Florida Statutes (2005)....

themselves possess resources to cover such costs.7 Section 951.032(1), Florida Statutes, allows a county detention