Florida Department of Corrections v. O'Neal
The Second District reversed a trial court order denying FDOC's motion for a civil restitution lien against an inmate convicted of first-degree murder, holding that the trial court exceeded its narrow statutory jurisdiction by denying the lien based on an equal-protection theory that FDOC selectively sought liens against inmates who filed civil rights suits. The court held that under sections 960.292 and 960.293, entry of the $250,000 liquidated-damages lien for a life felony is essentially a ministerial duty once conviction is established, and any equal-protection challenge to using the lien as a setoff must be raised in the separate civil action where the setoff is actually sought, not in the criminal court of conviction.
Key facts
- FDOC sought a civil restitution lien against O'Neal, an inmate convicted of first-degree murder, for $250,000 in liquidated damages under sections 960.292 and 960.293.
- The trial court denied FDOC's motion for the lien, finding that FDOC had selectively sought liens against inmates who filed civil rights suits, raising equal-protection concerns.
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Why it matters
This decision is useful for practitioners on both sides of civil restitution lien disputes involving inmates, particularly those who file civil rights claims against FDOC. It clarifies that the criminal court of… — full analysis with a trial
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