ALLISTER A. FREEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Allister Freeman appeals his conviction for battery, trespass, and robbery, challenging primarily the amount of a civil lien imposed for incarceration costs under Florida Statute § 960.293(2)(b). The court affirmed the conviction and the $282,750 lien, holding that incarceration costs can be assessed for time served before sentencing.
The court held that § 960.293(2)(b) does not limit costs to those incurred after conviction, and therefore a convicted offender is liable for incarceration costs associated with time served before sentencing. The $282,750 lien calculated at $50 per day for the full sentence length, including time-served credits, was properly imposed.
[1] A convicted offender is liable to the state and its local subdivisions for incarceration costs and other correctional costs upon conviction.
[2] When a conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender's sentence shall be assessed…
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Join FLexlaw to unlock all legal intelligence“Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.”
Establishes the statutory basis for imposing civil liens on convicted offenders for incarceration costs.
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Join FLexlaw to unlock all legal intelligenceFreeman was convicted by jury of battery, trespass, and robbery. He was sentenced to time served on battery and trespass, and to concurrent Prison Rel…
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Following a jury trial, Allister Freeman was adjudicated guilty of one count of battery, one count of trespass, and one count of robbery. The court sentenced him to time served on the battery and trespass counts and to concurrent Prison Releasee Reoffender (fifteen years with credit for time served) and Habitual Felony Offender (fifteen years six months with credit for time served) sentences on the robbery count. Pursuant to section 960.293 of the Florida Statutes, the court also imposed a civil lien against Appellant for incarceration costs. We affirm in all respects and write to address the propriety of the amount of the lien.1
Section 960.293(2) of the Florida Statutes provides that “[u]pon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.” § 960.293(2), Fla. Stat. (2013). Section 960.293(2)(b) specifies that:
If the conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based *696upon the length of the sentence imposed by the court at the time of sentencing.
§ 960.293(2)(b), Fla. Stat. (2013).
Based on this statute, the court imposed a $282,750 civil lien against Appellant which breaks down to $50 per day for the entirety of his fifteen year and six month sentence, including the days he was credited for time-served. Appellant challenges the amount of the lien, arguing that he cannot be charged for days he was incarcerated but not yet sentenced. We disagree.
Although no Florida court has considered whether a convicted offender is liable for incarceration costs associated with time-served under section 960.293(2)(b), the Eleventh Circuit has held that “[ejection 960.293(2) does not limit costs to those incurred after conviction.” Riggins v. Beseler, 568 Fed.Appx. 850, 854 (11th Cir.2014). In arriving at its conclusion, the court reasoned that a contrary “interpretation would undermine the stated ‘intent of the statute ... [to] fully compensate] ... the state[] and its local subdivisions for damages and losses incurred as a result of criminal conduct.’ ” Id. (quoting § 960.29(3)(a), Fla. Stat. (2013)) (alterations in original). We agree with the Eleventh Circuit, and adopt the reasoning set forth in Riggins.
Affirmed.
TAYLOR and MAY, JJ., concur.