Florida/Georgia Personal Injury & Workers Compensation

...Most significantly, the legislature further provided, that "[n]otwithstanding this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting . . . moneys awarded by a restitution order under s. 775.089. ..." § 960.295(2), Fla....

...avorably to the accused"). Under accepted principles, Escambia County cannot be a "victim" within the meaning of section 775.089(1)(c), Florida Statutes (2002). The majority opinion fails to acknowledge that the language it (selectively) quotes from section 960.295(2) can be fully explained by antecedent provisions that, while they render convicts financially liable to the state, do not authorize restitution awards under section 775.089(1)(c), Florida Statutes (2002)....

...See § 960.293(2), Fla. Stat. (2002) ("Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs."). The majority opinion mistakenly relies on section 960.295, Florida Statutes (2002) ("Civil restitution lien supplemental to other forms of restitution available to lienholder."), misapplies civil precedent in a penal context, and dishonors the rule of lenity....

...2d DCA 2024) ("[T]his case turns on an interpretation of a statute, a legal determination that is reviewed de novo."). The legislature enacted the Act to provide "a restitution remedy that is alternative and supplemental to existing statutory and common-law remedies that are available for restitution." § 960.295(1)....

...te . . . to recover damages and losses arising out of criminal acts" and that the "Legislature intends" to "impose a long-term civil liability for the costs of incarceration, by means of the civil restitution lien." § 960.29(1)(a), (1)(d); see also § 960.295(2) ("A civil restitution lien order entered under this civil restitution lien act does not bar any subsequent civil remedy or recovery ....

...sociated with time-served under section 960.293(2)(b)" (citing Riggins v. Beseler, 568 F. App'x 850, 854 (11th Cir. 2014))), the trial court would be correct to deny the county's requested relief because it already awarded those damages to FDOC, see § 960.295(2) (providing that "no duplicate recovery may be made in favor of crime victims, the state and its local subdivisions, and other aggrieved parties"). 14  We reverse the trial court's civil res...

...Most significantly, the legislature further provided, that “[njotwith-standing this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting ... moneys awarded by a restitution order under s. 775.089. ...” § 960.295(2), Fla....