ANTHONY GEORGE,
v.
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS,

Fla. 3d DCA | 2019-08-07
No. 18-1335
Logue, J.
Florida District Court of Appeal, Third District (2019)

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Synopsis

Anthony George appeals a criminal court judgment imposing a $273,750 restitution lien in favor of the Department of Corrections for incarceration costs. George claims the lien violates his right of access to courts and constitutes retaliation because the Department may use it to offset any recovery he obtains in a pending civil lawsuit against the Department for personal injury.


Holding

The court upheld the criminal court's restitution lien order but declined to rule on whether the lien could legally be used as a set-off against future civil recovery, finding that issue was not ripe for determination because George had not yet obtained any civil recovery and the Department's attempt to use the lien as a set-off was not actually occurring or imminent.


Headnotes

[1] A restitution lien entered pursuant to statute for the cost of incarceration is valid and enforceable.

[2] A restitution lien does not violate a prisoner's right of access to courts when used as a counterclaim to a civil action for damages.

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Key Quotes

“unless and until Mr. George obtains a recovery and the Department's attempt to use the lien as a set off is either actually occurring or imminent, his request for a ruling on this point is little more than 'an unauthorized request for an advisory opinion.'”

Establishes the ripeness doctrine applied by the court to decline addressing the merits of George's set-off claim.

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Facts & Procedural History

Anthony George is a former inmate who was ordered to pay $273,750 in restitution to the Department of Corrections pursuant to section 960.292(2), Flor…

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Opinion of the Court

LOGUE, J.

Former inmate, Anthony George, seeks review of the criminal court’s judgment of restitution for $273,750 in favor of the Department of Corrections. The restitution lien, entered pursuant to section 960.292(2), Florida Statutes, is intended to reimburse the Department for the cost of incarcerating him while in custody. Mr. George does not contend that the lien was entered in violation of the requirements of the controlling statute or that the criminal court judge otherwise committed a legal error. Instead, he asserts the Department obtained this restitution lien to use it as a set off against any recovery he might be awarded in the future in the event he prevails in a separate civil lawsuit he filed against the Department for a personal injury he suffered during his incarceration. He contends the Department’s action in this regard was retaliatory and violates his right of access to courts. We uphold the criminal court’s order under review. In doing so, we note that similar challenges have been rejected in the past. See Goad v. Fla. Dep’t of Corrections, 845 So. 2d 880, 885-86 (Fla. 2003) (upholding a restitution lien as counterclaim to a prisoner’s civil action claim for damages); Ilkanic v. City of Fort Lauderdale, 705 So. 2d 1371, 1372-73 (Fla. 1998) (rejecting the arguments that a restitution lien violates equal protection and due process).

Nevertheless, we decline to reach the issue of whether this lien can be legally used as a set off against any future recovery because that issue is not ripe for determination. Unless and until Mr. George obtains a recovery and the Department’s attempt to use the lien as a set off is either actually occurring or imminent, his request for a ruling on this point is little more than “an unauthorized request for an advisory opinion.” McMullen v. Bennis, 20 So. 3d 890, 892 (Fla. 3d DCA 2009).

Affirmed.


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