SECRETARY OF THE STATE OF FLORIDA, DEPT. OF CORRECTIONS
v.
TONDEE
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The circuit court's decision regarding the Department of Corrections' motion for a civil restitution lien is affirmed.
[1] Section 960.296(1), Florida Statutes, which provides that the civil restitution lien act supersedes law to the contrary and is controlling over any conflicting law, may b…
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Join FLexlaw to unlock all legal intelligence“This civil restitution lien act supersedes law to the contrary. Notwithstanding any provision of law to the contrary, the provisions of this civil restitution lien act are controlling over any conflicting law.”
Section 960.296(1), Florida Statutes (2023), which the concurring opinion notes was not addressed by the circuit court in its decision.
The Florida Department of Corrections sought a civil restitution lien under section 960.292, Florida Statutes. The circuit court ruled on the motion, …
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
RICKY D. DIXON, SECRETARY OF THE
DEPARTMENT OF CORRECTIONS,
Appellant,
v.
JASON TONDEE,
Appellee.
No. 2D2024-2140
November 21, 2025
Appeal from the Circuit Court for Pasco County; Gregory G. Groger, Judge.
Ricky D. Dixon, Secretary, and Kelly R. Forren, Assistant General Counsel, Tallahassee, for Appellant.
No appearance for Appellee.
PER CURIAM.
Affirmed.
LaROSE and SMITH, JJ., Concur. BLACK, J., Concurs separately with opinion.
2
BLACK, Judge, concurring separately.
This court "work[s] within the framework of the briefs, and it is not our function to rebrief an appeal." Simmons v. State, 402 So. 3d 473, 474 (Fla. 2d DCA 2025) (quoting Manatee Cnty. Sch. Bd. v. Nationsrent, Inc., 989 So. 2d 23, 25 (Fla. 2d DCA 2008)); see also State v. Garcia, 346 So. 3d 581, 585 (Fla. 2022) ("[A]n appellate court should confine parties' arguments to those raised in the courts below."). Given the arguments presented by the Florida Department of Corrections below and in its brief before this court, affirmance is the correct result. I write only to note that in determining that section 27.02, Florida Statutes (2023), controlled the outcome of the Department's motion for a civil restitution lien under section 960.292, Florida Statutes (2023), the circuit court did not address the applicability of section 960.296(1): "This civil restitution lien act supersedes law to the contrary. Notwithstanding any provision of law to the contrary, the provisions of this civil restitution lien act are controlling over any conflicting law." See Conage v. United States, 346 So. 3d 594, 598 (Fla. 2022) (stating that "[i]t would be a mistake to think that our law of statutory interpretation requires interpreters to make a threshold determination of whether a term has a 'plain' or 'clear' meaning in isolation" and that courts should look to "the language itself, the specific context in which that language is used, and the broader context of the statute as a whole" (quoting Robinson v. Shell Oil Co., 519 U.S. 337, 341 (1997))).
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Manatee Cnty. Sch. Bd. v. Nationsrent, Inc., 989 So. 2d 23 (Fla. 2d DCA 2008)
- Simmons v. State, 402 So. 3d 473 (Fla. 2d DCA 2025)