QUEEN BETHEL, APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Citator

Cited By

• State v. Goad, 754 So. 2d 95 (Fla. 1st DCA 2000)
  …on 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. In the same vein, the Fourth District Court of Appeal characterized these statutes as civil statutes in Rosero v. State, 668 So. 2d 1114 (Fla. 4th DCA 1996), when it rejected the double jeopardy argument asserted there. These cases involve different constitutional issues, but the characteristics of the challenged statutes remain the same. If sections 960.293 and 960.297 are civil in…
• Bunch v. State, 745 So. 2d 400 (Fla. 5th DCA 1999)
  …ation and not punishment ... ”); L.O. v. State, 718 So. 2d 155 (Fla.l998)(the prime concerns underlying restitution is to give the perpetrator of a crime an opportunity to make amends, and to make the victim of a crime whole again); Rosero v. State, 668 So. 2d 1114 (Fla. 4th DCA 1996) (civil restitution lien granted to crime victim pursuant to section 960.29, et. seq., was not “punishment” for purpose of double jeopardy analysis). Moreover, restitution is a mandated part of, not an enhancement to, sentencing,…
• Doctor v. State, 679 So. 2d 76 (Fla. 4th DCA 1996)
  …robation, because it differed from the plea agreement, was untimely. As to Appellant’s claim of ineffective, assistance of his defense counsel for failing to object to the imposition of restitution without an evidentiary hearing, in Rosero v. State, 668 So. 2d 1114 (Fla. 4th DCA 1996), we held that imposition of a civil restitution lien under section 960.29 et seq. is a civil, not a criminal, action. Accordingly, we find no basis under rule 3.850, applicable to criminal judgments and sentences, for a claim cha…