CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 522865
...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. Additionally, subsection (4) of section
951.033 provides that an order directing payment of a prisoner's daily subsistence costs may survive against the estate of the sentenced prisoner....
...who died prior to being convicted would be responsible for the subsistence costs of their detention, contrary to the long-standing expressed policy of section
939.06. Based on all of the foregoing, we conclude that the term "prisoner," as it used in section
951.033, includes pre-trial detainees....
...Because the essential issue raised by the petition is whether petitioners have a constitutional right to be free from paying the meal and health care charges that they are being charged prior to their convictions, we elect to consider the merits. [2] The statute provides: 951.033....
...oner's cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated. § 951.033, Fla. Stat. (Supp.1996). [3] On appeal, appellants challenge that, contrary to the requirements of section 951.033, they were not notified or given the opportunity to contest the charges prior to the deduction of the charges from their prison accounts....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 171435
...Torres of Whitelock, Rodriguez & Williams, P.A., Fort Lauderdale, for appellant. Norman Elliott Kent of Norman Elliott Kent, P.A., Fort Lauderdale, for appellees. KLEIN, Judge. This is an appeal from an order granting class action certification. Plaintiff appellees seek to have section 951.033, Florida Statutes (1997), which provides that prisoners can be required to pay daily subsistence costs of prison, declared unconstitutional....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22136809
...ion that affects two or more similarly situated groups in an unequal fashion. B.S. and D.L.S. claim that the State treats *18 accused juvenile offenders differently from accused adult offenders with respect to the payment of subsistence costs. Under section 951.033(2), Florida Statutes (2000), adult prisoners must pay for their subsistence costs....
...e do discern a permissible purpose underlying section 985.215(6): to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida. Cf. § 951.033(1) (stating legislative intent behind imposing costs on adult offenders *20 "is an urgent need to alleviate the increasing financial burden on the state and its local subdivisions caused by the expenses of incarcerating convicted offenders...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 13958
...ion that affects two or more similarly situated groups in an unequal fashion. B.S. and D.L.S. claim that the State treats *18 accused juvenile offenders differently from accused adult offenders with respect to the payment of subsistence costs. Under section 951.033(2), Florida Statutes (2000), adult prisoners must pay for their subsistence costs....
...o discern a permissible purpose underlying section 985.215(6): - to alleviate the financial burden borne by the State when a child is detained and to place that burden on the parents or guardian of the child rather than the citizens of Florida. C f. § 951.033(1) (stating legislative intent behind imposing costs on adult offend *20 ers “is an urgent need to alleviate the increasing financial burden on the state and its local subdivisions caused by the expenses of incarcerating convicted offend...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 118205
...Michael Perotti, Tampa, for Sheriff of Hillsborough County. FULMER, Judge. Shane Levon Joseph petitions this court for a writ of certiorari to review a trial court order denying his challenge to the $20 booking fee imposed by the Hillsborough County Sheriff's Office pursuant to section 951.033, Florida Statutes (2000)....
...andum are exempt for the initial per diem fee. You returned on a writ of prosequendum.... The fee charged to your account is appropriate." Joseph filed a petition for writ of mandamus in the circuit court protesting the fee. The petition was denied. Section 951.033(1) states in part: "The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners." In subsection (3), the statute...
...e costs expended in incarcerating these persons"); see also Solomos v. Jenne,
776 So.2d 953 (Fla. 4th DCA 2000) (holding that Broward County Jail's practice of charging a one-time uniform fee of $10 and a daily subsistence fee of $2 was proper under section
951.033 and did not violate an inmate's procedural due process rights), review dismissed,
820 So.2d 941 (Fla.2002)....
...Regulations will be sustained as long as they are reasonably related to the purposes of the enabling legislation and are not arbitrary or capricious. Id. We conclude that Joseph's rights were violated with respect to the sheriff's implementation of section 951.033....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 1854006
...STONE, J. Solomos and Pitters ("Prisoners") appeal a judgment granting Sheriff Jenne's motion for summary judgment and denying their cross-motion for summary judgment. We affirm. Prisoners, inmates at the Broward County Jail, assert, inter alia, that section 951.033, Florida Statutes, is void for vagueness and unconstitutional as applied. Section 951.033 provides: (1) The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners....
...(6) If the prisoner's cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against the prisoner's cash account or other personal property. § 951.033, Fla.Stat. On the authority of section 951.033, the sheriff implemented Standard Operating Procedure ("SOP") 1.2.12, which provides that inmates will be charged a one-time fee of $10.00 to defray the costs of uniforms and a daily subsistence fee of $2.00....
...sistence costs. Further, subsistence costs are not deducted if they are needed to satisfy child support, court fees, or restitution orders, and will be refunded if the refund would allow an inmate to post bond. The federal district court interpreted section
951.033 in McLeod v. Henderson, No. 98-1534-CIV-T-17A,
1999 WL 1427749 (M.D.Fla. Dec.28, 1999). In McLeod, a prisoner challenged a county jail's practice of charging booking fees, arguing that the removal of "booking" fees from a prisoner account violated section
951.033, which allows a prisoner to be directed to pay daily subsistence costs, not booking fees....
...caused by the expenses of incarcerating prisoners[,]" and the booking stage is part of the process of incarcerating prisoners properly charged to the prisoner. Id. at *3. The court also rejected the prisoner's argument that the sheriff had violated section 951.033(2) by not determining the prisoner's financial status before removing funds from his account....
...The sheriff's policy is posted in each housing unit and reproduced in the employee handbook. It is irrelevant that the $10.00 fee is referred to as both a uniform fee and a processing fee, as the inmates are put on notice of the fee and that they can object through the jail's procedure. We also conclude that section 951.033 is not overly vague, nor does it give the sheriff unfettered discretion....
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 713997
...Accordingly, we affirm without prejudice on this issue. McConnaughy in his second claim argues that his plea has been rendered involuntary due to the passing of legislation that requires prisoners to reimburse the state for the cost of their confinement. The statutory provision at issue appears to be section 951.033, Florida Statutes (1996 Supp.), which allows "local detention facilities" to collect from prisoners "all or a fair portion of their daily subsistence costs." Again, we conclude that McConnaughy is not entitled to relief under Rule 3.8...
