Florida Statutes 960.294 – Effect of civil restitution liens
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Terms Used In Florida Statutes 960.294
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conviction: A judgement of guilt against a criminal defendant.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) PROPERTY SUBJECT TO CIVIL RESTITUTION LIEN.–The civil restitution lien is a lien upon any real or personal property of the convicted offender. If the full amount of the civil restitution lien is not satisfied from the real or personal property owned at the time of conviction, the civil restitution lien also is a lien upon any real or personal property which the convicted offender comes to possess subsequent to conviction, until the full amount of the lien is satisfied.
(2) APPLICABILITY OF ALL JUDGMENT ENFORCEMENT REMEDIES.–A civil restitution lien order may be enforced by the crime victims, the state and its local subdivisions, or other aggrieved parties named in the civil restitution lien order, in the same manner as a judgment in a civil action, including levy against personal property by the sheriffs of this state and foreclosure against nonexempt real property. The provisions of chapter 726 apply to the transfer of the convicted offender’s assets to a third party and all other judgment enforcement remedies that are available by law.
(3) RECORDING OF THE CIVIL RESTITUTION LIEN; LEVY BY SHERIFF.–The civil restitution lien order may be recorded in the public records. No charge may be assessed for the recording of the civil restitution lien order.
(4) DURATION OF THE CIVIL RESTITUTION LIEN.–The civil restitution lien continues for a period of 20 years after the date of entry of the civil restitution lien.
(5) RATE OF INTEREST.–A civil restitution lien under this section bears the rate of interest set forth in s. 55.03, from the date of its entry.