CopyCited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381
...That attorney had
informed Stephens the only repercussions of his nolo contendere plea would be paying a fine of
approximately $275. Id. ¶ 7. Significantly, Stephens’s first attorney failed to inform him his
pleading nolo contendere to the State’s plea bargain was a conviction under Fla. Stat. §
960.291(3)....
...deral court as would be given in courts
of issuing state”). Under Florida law, “‘Conviction’ means a guilty verdict by a
jury or judge, or a guilty or nolo contendere plea by a defendant, regardless of
adjudication of guilt.” Fla. Stat. § 960.291(3) (emphasis added); see Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 761166
...basis. Sections
960.29-.297 provide that upon petition by the state, its local subdivisions, crime victims, or other aggrieved parties, the court may enter a civil restitution lien against the "real or personal property" of a convicted offender. See §
960.291(7),.292(2), Fla....
...that a person possesses on the convicted offender's behalf, including, but not limited to, any royalties, commissions, proceeds of sale, or any other thing of value accruing to the convicted offender, or a person on the convicted offender's behalf." § 960.291(7), Fla....
...ial relationship, and her sale of items of Rolling's personal property support the court's finding that London is receiving benefits on Rolling's behalf and thus the lien attaches to the proceeds she has garnered from sale of Rolling's property. See § 960.291(7), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...1 We reject Mr. Palomares' remaining arguments without further
discussion.
2
state, its local subdivisions, or aggrieved party and which attaches
against the real or personal property owned by a convicted offender."
§ 960.291(1)....
...which is caused by imposition of a convicted offender's sentence," which
includes "the costs of incarceration and other correctional costs in
connection with the implementation of a state court's sentence" and
which "shall be determined by the court, as provided for in s.
960.293."
§
960.291(5)(b)1....
...Rather than specifying with particularity when or how the civil
restitution lien arises, the statutory definition in the Act merely provides
that the lien "exists" and "attaches against the real or personal property
owned by a convicted offender." § 960.291(1)....
...by operation of law it "exists" and "attaches" to the property owned by a
"convicted offender," and that definition does not set forth any
qualifications or conditions to the existence of the lien other than the fact
that the defendant must have been convicted of a crime. See
§ 960.291(2) (" 'Convicted offender' means a defendant who has a
conviction as defined herein entered against the defendant in the courts
of this state."); § 960.291(3) (" 'Conviction' means a guilty verdict by a
jury or judge, or a guilty or nolo contendere plea by a defendant,
regardless of adjudication of guilt.").
Mr....
...137, 141 (Fla. 1934) ("A lien is
merely a remedy for the debt."). From that, it can only reasonably be
inferred that the text of the Act also presumes that the convicted offender
has caused "damages or losses" to the lienor within the meaning of the
Act, § 960.291(5), thereby justifying imposition of a lien against the
convicted offender's property to secure the lienor's recovery of the
damages or losses....
...at 141 ("[A] lien cannot
exist until the amount for which it is security is ascertained or capable of
ascertainment."), which therefore justified the "exist[ence]" of a civil
restitution lien in its favor against Mr. Palomares' property as security for
8
his payment of that debt, see § 960.291(1)....
...considered eligible to take advantage of the procedure set forth in section
960.292 to obtain a civil restitution lien order, it must necessarily qualify
as the "state," as it cannot qualify as a "local subdivision," a "crime
victim," or "aggrieved party." See §
960.292(2); see also §
960.291(4), (6)
(defining "[c]rime victim" and "[l]ocal subdivisions")....
...Though "aggrieved
party" is an undefined term—and FDOC might ostensibly constitute an
"aggrieved party" in the sense that it has incurred costs to incarcerate
Mr. Palomares—the Act indicates that the "aggrieved party" is part of the
broader definition of the "crime victim." See §
960.291(4).
Read in isolation, the first part of the first sentence in section
960.292(2) could be perceived as supportive of Mr....
...meaning "local subdivisions of the State of Florida which maintain
correctional facilities, such as counties that maintain county correctional
facilities or counties that provide funds directly or indirectly for the
maintenance of correctional facilities within the county," § 960.291(6)—
indicates that the Act is referring to the "state" and its "local
subdivisions" as government entities that incarcerate people as opposed
to prosecuting authorities....
...The trial court
erred because it awarded FDOC—which only administers state prisons—
damages for all 132 months, even though it was Hillsborough County—a
"local subdivision" of the "state" that "maintain[s] [a] county correctional
facilit[y]," §
960.291(6)—that incurred the costs for incarcerating Mr.
Palomares for 1,635 of the days within those 132 months.
While section
960.293(2)(b) does not expressly contemplate a
scenario where, as here, a convicted offender's sentence causes b...
...the state, upon petition of the local subdivision, crime victim, or aggrieved
party, or on its own motion" (emphasis added)). And the damages and
loss for which the "the state" is permitted to recover under the Act
include its "costs of incarceration and other correctional costs," see §§
960.291(5)(b)1, .293(2)—expenses that would, as the majority notes,
typically be borne by the FDOC.
In short, I do not believe that the issues on appeal present close
questions that require us to dig so deeply into our statutory construction
toolbox....
