Michael Grimace v. The State of Florida, et al.

Summary

The Third District Court of Appeal of Florida affirmed an order involving a civil restitution lien against Michael Grimace. The court relied on section 960.292(2), Florida Statutes (1999), and precedent recognizing the sentencing court’s continuing jurisdiction to enter restitution lien orders after sentencing.

Holdings

1. Under section 960.292(2), Florida Statutes (1999), the sentencing court retains continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders in favor of crime victims, the State, local subdivisions, and other aggrieved parties.
2. The statute of limitations applicable to civil actions brought by the State does not affect the State's ability to pursue a restitution lien through the sentencing court under section 960.292(2).

Questions Presented

1. Whether the sentencing court retains jurisdiction under section 960.292(2), Florida Statutes (1999), to enter a civil restitution lien order after sentencing.
2. Whether the statute of limitations for civil actions brought by the State affects the State's ability to pursue a restitution lien through the sentencing court.

Disposition

affirmed