(1) PRESERVATION OF EXISTING RESTITUTION REMEDIES.—The civil restitution lien provided for in this civil restitution lien act is intended to enable crime victims, the state and its local subdivisions, and other aggrieved parties to seek a restitution remedy that is alternative and supplemental to existing statutory and common-law remedies that are available for restitution. The rights of crime victims, the state and its local subdivisions, and other aggrieved parties to seek any existing remedy for restitution, instead of or in addition to seeking a civil restitution lien order under this civil restitution lien act, are preserved.
(2) APPLICABILITY OF OTHER CIVIL REMEDIES; ESTOPPEL AS A LIMITATION UPON ENFORCEMENT.—A civil restitution lien order entered under this civil restitution lien act does not bar any subsequent civil remedy or recovery, but the amount of such restitution must be set off against any subsequent independent civil recovery. Notwithstanding this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting costs on conviction ordered under chapter 939, relating to court costs; moneys awarded under this chapter, relating to victim assistance; moneys awarded by a restitution order under s. 775.089, relating to restitution; proceeds resulting from forfeitures ordered under chapter 895, relating to racketeering offenses and illegal debts; moneys distributed pursuant to a lien placed on the offender’s property under s. 944.512, relating to the state lien on literary and other accounts of crimes; or inmate reimbursements under chapter 946, relating to correctional work programs, except that no duplicate recovery may be made in favor of crime victims, the state and its local subdivisions, and other aggrieved parties.
History.—s. 7, ch. 94-342; s. 33, ch. 95-184.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 960 - Victim Assistance
960.0015 - Victim’s Right to a Speedy Trial; Speedy Trial Demand by the State Attorney.
960.0021 - Legislative Intent; Advisement to Victims.
960.02 - Declaration of Policy and Legislative Intent.
960.03 - Definitions; Ss. 960.01-960.28.
960.045 - Department of Legal Affairs; Powers and Duties.
960.05 - Crime Victims’ Services Office.
960.065 - Eligibility for Awards.
960.07 - Filing of Claims for Compensation.
960.09 - Determination of Claims.
960.14 - Manner of Payment; Execution or Attachment.
960.17 - Award Constitutes Debt Owed to State.
960.194 - Emergency Responder Death Benefits.
960.195 - Awards to Elderly Persons or Disabled Adults for Property Loss.
960.196 - Relocation Assistance for Victims of Human Trafficking.
960.197 - Assistance to Victims of Online Sexual Exploitation and Child Pornography.
960.198 - Relocation Assistance for Victims of Domestic Violence.
960.199 - Relocation Assistance for Victims of Sexual Battery.
960.21 - Crimes Compensation Trust Fund.
960.22 - Application for Federal Funds.
960.23 - Notice of Provisions of This Chapter.
960.28 - Payment for Victims’ Initial Forensic Physical Examinations.
960.29 - Legislative Findings and Intent.
960.292 - Enforcement of the Civil Restitution Lien Through Civil Restitution Lien Order.
960.293 - Determination of Damages and Losses.
960.294 - Effect of Civil Restitution Liens.
960.295 - Civil Restitution Lien Supplemental to Other Forms of Restitution Available to Lienholder.
960.296 - Construction and Severability.
960.297 - Authorization for Governmental Right of Restitution for Costs of Incarceration.