LAWRENCE SIMPKINS, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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A lien for court costs under section 57.085, Florida Statutes, cannot be imposed on an inmate's trust account for a mandamus proceeding that challenges disciplinary action affecting incentive gain time.
[1] A section 57.085, Florida Statutes, lien for court costs and fees may not be imposed for a mandamus proceeding that challenges disciplinary action which renders an inmate…
[2] An inmate's challenge to disciplinary action impacting eligibility for incentive gain time is considered a collateral criminal proceeding for the purposes of applying sec…
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Join FLexlaw to unlock all legal intelligenceAn inmate sought a writ of certiorari challenging the denial of mandamus and the imposition of a lien on his trust account for court costs. The mandam…
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ALLEN, J.
The petitioner is a prison inmate seeking a writ of certiorari, to challenge the circuit court’s denial of mandamus and the imposition of a lien on his inmaté trust account. In the mandamus proceeding the petitioner obtained review of disciplinary action taken by the Department of Corrections, and that aspect of the case is here for second-tier review as described in Sheley v. Florida Parole Commission, 703 So. 2d 1202 (Fla. 1st DCA 1997), approved, 720 So. 2d 216 (Fla.1998). The petitioner has not shown any basis for relief as to the denial of mandamus, but the circuit court should not have ordered the imposition of a section 57.085, Florida Statutes, lien for payment of court costs and fees for the mandamus proceeding..
With regard to the lien, the petitioner suggests that the mandamus action was a collateral criminal proceeding to which section 57.085 does not apply. In Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), it was indicated that an action which may impact an inmate’s gain time and thereby effec tively alter the amount of time which will actually be served will be treated as a collateral criminal proceeding to which § 57.085 does not apply. See also Gibson v. McDonough, 951 So. 2d 89 (Fla. 1st DCA 2007). The disciplinary action which was the subject of the mandamus proceeding in the present case made the petitioner ineligible for a period of incentive gain time. See Fla. Admin. Code R. 33-601.101(6). In-accordance with Schmidt and Gibson, a section 57.085 lien thus may not be imposed for the petitioner’s mandamus proceeding. See also Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006).
The petition for certiorari is denied insofar as it challenges the circuit court’s denial of mandamus. However, the petition is granted in connection with the challenge to the section 57.085 lien, and the circuit court orders are quashed to the extent they impose and uphold the lien for the mandamus proceeding. The circuit court should direct the reimbursement of any funds which have been withdrawn from the petitioner’s account to satisfy the improper lien.
WOLF and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gaines v. McDONOUGH, 968 So. 2d 95 (Fla. 1st DCA 2007)…ion governed by section 57.081. Accordingly, the circuit court’s order is erroneous insofar as it instructs the imposition of a lien on Petitioner’s prison trust account, and Petitioner is entitled to relief on this issue. See Simpkins v. McDonough, 967 So. 2d 950 (Fla. 1st DCA [*97] 2007); Clark v. McDonough, 964 So. 2d 798 (Fla. 1st DCA 2007); Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So. 2d -, 2006 WL 2527244 (Fla. 1st DCA Sept. 5, 2006); Cason, 892 So. 2d at 537. We DENY the petition for writ of…
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)
- Akeem Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006)
- Gibson v. McDONOUGH, 951 So. 2d 89 (Fla. 1st DCA 2007)