ANDREW WILCOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that there is no statutory basis for imposing a lien on a prisoner's trust account for the collection of court costs.
Andrew Wilcox appealed an order denying his motion to remove a lien placed on his prisoner trust account for court costs. The trial court relied on se…
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Andrew Wilcox appeals from an order denying his motion for relief from a judgment that placed a lien on his prisoner’s trust account for the collection of court costs arising out of his criminal conviction. Wilcox contends there is no statutory basis for the imposition of the lien. We agree and reverse.
The trial court’s order found that the lien was permissible under section 775.089, Florida Statutes. However, the court appears to have erred in relying upon this section, which deals with restitution,1 be*879cause nothing in the court’s order imposing costs on Wilcox involves restitution. Further, the State has failed to cite to any statute that would allow for a lien on a prisoner’s trust account for the collection of court costs.
Section 938.27(5), Florida Statutes, which controls the collection of court costs after default, provides that “[a]ny default in payment of costs may be collected by any means authorized by law for enforcement of a judgment.” The State is no different than any other judgment creditor and has other statutory remedies to collect its money. However, it does not have the right to impose a lien on a prisoner’s trust account based on the facts of this case.
Therefore, the court erred by imposing the lien on Wilcox’s trust account and the order of the court is vacated and reversed. The lien on the prisoner’s trust account shall be removed.
VACATED and REVERSED with instructions.
TORPY and EVANDER, JJ., concur.
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Citator
Cited By
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Miller v. State, 106 So. 3d 510 (Fla. 5th DCA 2013)…allenges the lower court’s order removing a court-ordered lien on his inmate trust account but denying his request for reimbursement of funds used from the account to pay court costs and fines. The State properly concedes error. See Wilcox v. State, 79 So. 3d 878, 878-79 (Fla. 5th DCA 2012) (holding that no statutory basis exists to impose lien on inmate trust account for court costs and fines); Araujo-Espichan v. State, 62 So. 3d 683, 684 (Fla. 5th DCA 2011) (reversing judgment that improperly placed lien o…
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Hicks v. State (Fla. 2d DCA 2022)…d to cite any applicable statute or other legal authority that allowed the disbursement of the trust funds.3 Under these circumstances, we must vacate the order and remand for further proceedings consistent with this opinion. Cf. Wilcox v. State, 79 So. 3d 878, 879 (Fla. 5th DCA 2012) (vacating and reversing an order imposing a lien where there was no statutory basis to impose the lien). Vacated and remanded with directions. NORTHCUTT, J., Concurs. BLACK, J., Dissents with opinion. 3 We also highlight tha…
Authorities Cited
- Connor v. State, 944 So. 2d 488 (Fla. 5th DCA 2006)