Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 1236
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             02/23/2022 05:20 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 40
    4  insert:
    5         Section 1. Section 951.033, Florida Statutes, is amended to
    6  read:
    7         951.033 Income and assets; payment of subsistence costs;
    8  subsistence cost refund.—
    9         (1) The Legislature finds that there is an urgent need to
   10  alleviate the increasing financial burdens on local subdivisions
   11  of the state caused by the expenses of incarcerating prisoners.
   12  In addition to a prisoner’s cash account on deposit in local
   13  detention facilities, many prisoners have sources of income and
   14  assets outside of the facility, which may include bank accounts,
   15  inheritances, real estate, social security payments, veteran’s
   16  payments, and other types of financial resources.
   17         (2) The local detention facility shall determine the
   18  financial status of prisoners for the purpose of paying from
   19  their income and assets all or a fair portion of their daily
   20  subsistence costs. In determining the financial status of
   21  prisoners, any income exempt by state or federal law shall be
   22  excluded. Consideration shall be given to the prisoner’s ability
   23  to pay, the liability or potential liability of the prisoner to
   24  the victim or guardian or the estate of the victim, and his or
   25  her dependents.
   26         (3) The chief correctional officer of a local subdivision
   27  may direct a prisoner to pay for all or a fair portion of daily
   28  subsistence costs. A prisoner is entitled to reasonable advance
   29  notice of the assessment and shall be afforded an opportunity to
   30  present reasons for opposition to the assessment.
   31         (4) An order from the chief correctional officer directing
   32  payment of all or a fair portion of a prisoner’s daily
   33  subsistence costs may survive against the estate of the
   34  sentenced prisoner.
   35         (5) The chief correctional officer may seek payment for the
   36  prisoner’s subsistence costs from:
   37         (a) The prisoner’s cash account on deposit at the facility;
   38  or
   39         (b) A civil restitution lien on the prisoner’s cash account
   40  on deposit at the facility or on other personal property.
   41         (6) If the prisoner’s cash account at the local detention
   42  facility does not contain sufficient funds to cover subsistence
   43  costs, the chief correctional officer may place a civil
   44  restitution lien against the prisoner’s cash account or other
   45  personal property. A civil restitution lien may continue for a
   46  period of 3 years and applies to the cash account of any
   47  prisoner who is reincarcerated within the county in which the
   48  civil restitution lien was originated.
   49         (7) If a county or municipal detention facility charges a
   50  prisoner for all or a portion of his or her daily subsistence
   51  costs under this section, the detention facility must refund
   52  such prisoner the total subsistence costs assessed if the
   53  charges against him or her are disposed of by dismissal, nolle
   54  prosequi, or acquittal.
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete line 3
   59  and insert:
   60         facilities; amending s. 951.033, F.S.; requiring a
   61         county or municipal detention facility to refund a
   62         prisoner the total subsistence costs assessed, under
   63         certain circumstances; amending s. 951.23, F.S.;
   64         revising the