WILLIAM JOHN MCMURRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed trial court's assessment of incarceration costs under Fla. Stat. § 960.293(2)(b), rejecting defendant's challenge to the court's authority to impose the $50-per-day liquidated damage charge.
A trial court has authority under Fla. Stat. § 960.293(2)(b) to assess incarceration costs as a liquidated damage of $50 per day against a convicted offender for non-capital felonies.
[1] An order imposing incarceration charges under Fla. …
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Join FLexlaw to unlock all legal intelligenceWilliam John McMurry was convicted of a non-capital felony and the trial court assessed incarceration costs against him pursuant to statute.…
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ORFINGER, J.
William John McMurry appeals the trial court’s assessment of the cost of his incarceration. He contends that the trial court was without authoi’ity to assess such a cost. We disagree and affirm.
Section 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.
Our supreme court found this statute to be constitutional in Ilkanic 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.
AFFIRMED.
THOMPSON and PALMER, JJ., concur.