Florida Department of Corrections v. Jones
The Sixth DCA reversed a trial court order denying DOC's motion for a civil restitution lien against a life-sentenced inmate, holding that the trial court misread section 960.292(2) by concluding DOC could only seek restitution through a separate civil action or via a state attorney's motion. The court held that DOC, as an executive agency of the state, qualifies as 'the state' under the statute and may itself move for a civil restitution lien order in the criminal case.
Key facts
- Florida Department of Corrections sought a civil restitution lien against an inmate serving a life sentence in the underlying criminal case.
- The trial court denied DOC's motion for a civil restitution lien, and DOC appealed.
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Why it matters
This decision clarifies a recurring procedural question for DOC and other state agencies seeking civil restitution liens against inmates: they may proceed by direct motion in the criminal case rather than filing a… — full analysis with a trial
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