Florida/Georgia Personal Injury & Workers Compensation

...st equal protection arguments). Ilkanic further argues that the statute violates procedural due process because the Act imposes a lien on the real or personal property of the convicted offender for payment of the incarceration charges. §§ 960.292, 960.294, Fla....

...Vamper, 579 So.2d 730 (Fla.1991). However, he contends that there must be a determination of a prisoner's ability to pay before a lien can be imposed. We believe Ilkanic misreads the statute. There is no provision for holding the prisoner in contempt upon the failure to pay. Section 960.294(2) provides that the order imposing the incarceration charges shall be enforced in the same manner as a judgment in a civil action....

...those assets. Lanier also argues that the restitution judgment is against A & E and is not against her as the assignee for the benefit of creditors; that the judgment does not place a lien against the assets held by her as assignee; that pursuant to section 960.294, Florida Statutes (2000), the judgment attaches to the property owned by A & E at the time of its conviction and the property that it acquires subsequent to the conviction; and that once the chapter 727 assignment was made, A & E no l...

...s and costs incurred to prosecute the criminal case related back to its claim for overpayments made to A & E. Similarly, there is no basis to conclude that the restitution judgment became a lien that attached prior to the time of the conviction. See § 960.294(1) (providing that a civil restitution lien is a lien on the property of the convicted offender and that if it is not satisfied from the property owned at the time of conviction, it is also a lien on property that the offender comes to possess subsequent to conviction)....

...ence over the restitution lien."). Although A & E could potentially receive funds from Lanier if there is any residue in the estate after all claims and expenses are paid, the record does not reflect that this has occurred or will occur. Pursuant to section 960.294(1), if A & E acquires funds from Lanier or acquires other real or personal property, the County's restitution lien would attach to A & E's property....

...whichever occurs later. § 960.292(2). The State may enforce a civil restitution lien order "in the same manner as a judgment in a civil action, including levy against personal property by the sheriffs of this state and foreclosure against nonexempt real property." § 960.294(2)....