Florida Department of Corrections v. De La Paz
The Fourth DCA reversed a trial court order denying DOC's motion for a civil restitution lien judgment for incarceration costs, where the trial court had ruled the lien could not be imposed because it was not part of the original sentence. The appellate court held that section 960.292(2), Florida Statutes, does not require the civil restitution lien to be imposed at sentencing, but instead permits the court to retain continuing jurisdiction to enter such orders for up to five years after release from incarceration or supervision.
Key facts
- Florida Department of Corrections sought a civil restitution lien judgment against De La Paz for incarceration costs, but the trial court denied the motion on the ground that the lien was not imposed at the time of sentencing.
- The Fourth District Court of Appeal reversed, finding that the trial court lacked authority to deny the motion based on timing.
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Why it matters
This opinion reaffirms that civil restitution liens for incarceration costs under section 960.292 need not be imposed at sentencing and can be sought later within the statutory five-year window, rejecting a common… — full analysis with a trial
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