Public-domain · open source
OpenJurist

890 So. 2d 494

Docket No. 5D03-3830.

McMurry v. State

William John McMURRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 30, 2004.

District Court of Appeal of Florida · decided 2004-12-30

Cited by 1 later decisions — most recently May 2007

1 state decisions

Key passage — most relied on by later courts

“(2) 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. (a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of $250,000. (b) 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.”

quoted by 1 later decision, including 957 So. 2d 683 - Wilson v. State

Relies on 705 So. 2d 1371 - Ilkanic v. City of Fort Lauderdale

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-30

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

¶3ORFINGER, J.

¶4William John McMurray appeals the trial court's assessment of the cost of his incarceration. He contends that the trial court was without authority to assess such a cost. We disagree and affirm.

¶5Section 960.293(2)(b), Florida Statutes (2003), provides:

(2) 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.
(b) 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.

¶6Our supreme court found this statute to be constitutional in *495Ilkanic v. City of Fort Lauderdale,705 So.2d 1371 (Fla.1998). It further observed that the "order imposing the incarceration charges [is] enforced in the same manner as a judgment in a civil action," and, therefore, the "lien created upon the imposition of the per diem charge has the same effect as the lien created by the entry of a civil judgment." Id. at 1373. Accordingly, we affirm the trial court's imposition of this statutorily mandated cost of incarceration.

¶7AFFIRMED.

¶8THOMPSON and PALMER, JJ., concur.

/890/so2d/494 · .json · Public domain