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The Florida Senate

2009 Florida Statutes

Section 960.291, Florida Statutes 2009

960.291  Definitions.--When used in this act, the term:

(1)  "Civil restitution lien" means a lien which exists in favor of crime victims, the state, its local subdivisions, or aggrieved party and which attaches against the real or personal property owned by a convicted offender.

(2)  "Convicted offender" means a defendant who has a conviction as defined herein entered against the defendant in the courts of this state.

(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.

(4)  "Crime victim" means the victim of a crime and includes the aggrieved party, the aggrieved party's estate if the aggrieved party is deceased, and the aggrieved party's next of kin if the aggrieved party is deceased as a result of the conduct of a convicted offender. For the purposes of this act, the term "crime victim" does not include any person who participated in the criminal conduct or criminal episode resulting in the conviction.

(5)  "Damages or losses" includes:

(a)  Damage or loss to any crime victim which is caused by the conduct of a convicted offender. This amount shall be determined by the court, as provided for in s. 960.293

(b)  Damage or loss to the state and its local subdivisions which is caused by imposition of a convicted offender's sentence.

1.  Such damage or loss to the state and its local subdivisions includes the costs of incarceration and other correctional costs in connection with the implementation of a state court's sentence. This cost shall be determined by the court, as provided for in s. 960.293

2.  Such damage or loss to the state shall not include those costs on conviction for which the defendant may be held liable under chapter 939.

(6)  "Local subdivisions" means 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.

(7)  "Real or personal property" includes any real or personal property owned by the convicted offender, or 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. The term "real or personal property" specifically includes any financial settlement or court award payable or accruing to a convicted offender or to a person on behalf of the convicted offender. No civil restitution lien created pursuant to the provisions of this act may be foreclosed on real property which is the convicted offender's homestead under s. 4, Art. X of the State Constitution.

(8)  "Sentence" means the court-imposed sentence of a convicted offender.

History.--s. 3, ch. 94-342; s. 30, ch. 95-184; s. 23, ch. 96-312.