Palomares v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed a civil restitution lien order imposing $198,000 in incarceration costs against Freddy Palomares under the Florida Civil Restitution Lien Act. The court held that the Florida Department of Corrections could seek the lien order by motion in the underlying criminal case under section 960.292(2), rather than being required to file a separate civil action under section 960.297(1). The court also held that the Department of Corrections qualifies as the state for purposes of pursuing the lien.

Holdings

1. A separate civil action under section 960.297(1) is permissive and is not the exclusive means for the State to recover incarceration costs. The State may alternatively obtain an enforceable civil restitution lien order by motion in the criminal case under section 960.292(2).
2. The Florida Department of Corrections qualifies as "the state" for purposes of section 960.292(2) and may pursue a civil restitution lien order by motion on behalf of the State, even though it is not a party to the criminal proceeding.

Questions Presented

1. Whether the Florida Department of Corrections was required to file a separate civil action under section 960.297 to recover incarceration costs, rather than seeking a civil restitution lien order by motion in the underlying criminal case under section 960.292(2).
2. Whether the term "the state" in section 960.292(2) includes the Florida Department of Corrections and permits it to move for a civil restitution lien order despite being a nonparty to the criminal proceeding.

Disposition

affirmed