View Full Version : Converting Court Fines into a Lien


mardavjar
09-09-2010, 12:57 PM
My 19 yr son was convicted of drug trafficking in Florida. He was sentenced as a youthful offender and held in jail time until a bed at inhouse drug rehab was available for 18 months. This was the deal offered by the State and he took it. At sentencing, the Judge accepted the plea and as we were leaving the court room, he said "Oh and there will be a $50,000 fine to go with that". Both the SA and the defense attorney both told him we didn't agree to that. His response was "The State is broke, we need the money". His attorney said it would be converted into a lien. We sold his truck and with his savings, paid $10,000 toward this fine.

Now my he is 21, and about to leave rehab and serve 2 years probation. His PO told him that once he leaves rehab, he will be responsible for $2100.00 per month in probation fees for the next 2 years so that the fine will be paid off before his probation ends. Apparently,the $50,000 fine was not converted to a lien. He has discussed this with PO but he says there is nothing he can do. How do we go about converting this fine into a lien?

yourself
09-09-2010, 02:12 PM
ok, a lien is a claim against the value of something. Most people who are familiar with them are familiar with mechanic's liens. You go in, get some work done on your house or your car, and you fail to pay the bill - the mechanic/carpenter/plumber/whatever has a lien against that property for the value of their costs and services.

So, first and foremost, you have to have something worth at least $50K to lien. Oh, and it's got to be HIS property. Can't be somebody else's property.

So, let's assume like most 21 year olds, he doesn't have property valued at at least $50K - no lien possible.

Then, let's assume that as a 21 year old, he's got a house in the Hamptons and one in Bermuda - in otehr words, he's rich. Why get a lien on stuff when he could just pay the fine? Or, if he just has a small cottage in Evansville (or wherever), he could just get a loan. Why a lien?

Ok, let's also look at this from the State's perspective: they want to get paid. A lien is attached to the title of the stuff worth at least $50K. The State doesn't get paid until that property is sold, which could be years and years and years from now. But a fine? Heck, that gives them immediate control over the guy. If he doesn't make the minimum monthly payment, they can hold him in contempt of court and throw him in jail. They can violate his parole and throw him in jail. People are far more likely to pay when their freedom is a stake as opposed to their credit rating.

crazy2010
09-09-2010, 03:01 PM
I would fight this its outragous!! I realize that this stuff happens all the time but its absurd and completely unprofessional that a judge would impose such a sentence and fines Your son needs to file a complaint with the judicial oversight committee. Also he should filed a complaint against his attorney. Most 21 year olds fresh out of rehab can't even get a job no less make enough to cover that, unless they go back into dealing drugs!!!

Paralegal USA
09-09-2010, 03:28 PM
First of all, a first degree felony drug trafficking conviction carries with it a mandatory $50,000 fine. I've provided the statute below.

However, if the transcripts of the plea colloquy confirm that the fine was not part and parcel to the plea agreement, the statutory mandate for the fine notwithstanding, under a long line of decisional law in Florida (and elsewhere), he is entitled to be relieved of it. In fact, several years ago I was involved with a very similar case in which the non-bargained-for statutorily-mandated fine was vacated upon post-conviction counsel's motion.

Also, under Florida law, except under rare circumstances, a criminal conviction fine usually cannot be converted to a lien or civil judgment.

If it was me, I'd be retaining post-conviction counsel to move for sentence modification under Florida Rule of Criminal Procedure 3.800(a), a copy of which is also provided below.

**************************

893.135 Trafficking; mandatory sentences; suspension or reduction of
sentences; conspiracy to engage in trafficking.

(1) Except as authorized in this chapter or in chapter 499 and
notwithstanding the provisions of s. 893.13 (http://www.loislaw.com/pns/doclink.htp?dockey=11792301@FLCODE&alias=FLCODE&cite=893.13):

(a) Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state, or who is knowingly in actual or constructive
possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis
plants, commits a felony of the first degree, which felony shall be known
as "trafficking in cannabis," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s.
775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity of cannabis involved:

1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or
more cannabis plants, but not more than 2,000 cannabis plants, such person
shall be sentenced to a mandatory minimum term of imprisonment of 3 years,
and the defendant shall be ordered to pay a fine of $25,000.

2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or
more cannabis plants, but not more than 10,000 cannabis plants, such person
shall be sentenced to a mandatory minimum term of imprisonment of 7 years,
and the defendant shall be ordered to pay a fine of $50,000.

3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such
person shall be sentenced to a mandatory minimum term of imprisonment of 15
calendar years and pay a fine of $200,000.

For the purpose of this paragraph, a plant, including, but not limited
to, a seedling or cutting, is a "cannabis plant" if it has some readily
observable evidence of root formation, such as root hairs. To determine
if a piece or part of a cannabis plant severed from the cannabis plant is
itself a cannabis plant, the severed piece or part must have some readily
observable evidence of root formation, such as root hairs. Callous tissue
is not readily observable evidence of root formation. The viability and
sex of a plant and the fact that the plant may or may not be a dead
harvested plant are not relevant in determining if the plant is a
"cannabis plant" or in the charging of an offense under this paragraph.
Upon conviction, the court shall impose the longest term of imprisonment
provided for in this paragraph.

(b)1. Any person who knowingly sells, purchases, manufactures,
delivers, or brings into this state, or who is knowingly in actual or
constructive possession of, 28 grams or more of cocaine, as described in
s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(a)4., or of any mixture containing cocaine, but less than 150
kilograms of cocaine or any such mixture, commits a felony of the first
degree, which felony shall be known as "trafficking in cocaine,"
punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the
quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, but less than 150 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 15 calendar
years and pay a fine of $250,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state, or who is knowingly in actual or constructive
possession of, 150 kilograms or more of cocaine, as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(a)4., commits the first degree felony of trafficking in cocaine.
A person who has been convicted of the first degree felony of trafficking
in cocaine under this subparagraph shall be punished by life imprisonment
and is ineligible for any form of discretionary early release except pardon
or executive clemency or conditional medical release under s. 947.149 (http://www.loislaw.com/pns/doclink.htp?dockey=11788681@FLCODE&alias=FLCODE&cite=947.149).
However, if the court determines that, in addition to committing any act
specified in this paragraph:

a. The person intentionally killed an individual or counseled, commanded,
induced, procured, or caused the intentional killing of an individual and
such killing was the result; or

b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,

such person commits the capital felony of trafficking in cocaine,
punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.

3. Any person who knowingly brings into this state 300 kilograms or more
of cocaine, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(a)4., and who knows that the
probable result of such importation would be the death of any person,
commits capital importation of cocaine, a capital felony punishable as
provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the maximum fine
provided under subparagraph 1.

(c)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 4 grams or more of any morphine, opium, oxycodone,
hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an
isomer thereof, including heroin, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(b), (2)(a),
(3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any
such substance, but less than 30 kilograms of such substance or mixture,
commits a felony of the first degree, which felony shall be known as
"trafficking in illegal drugs," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s.
775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more, but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 15 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more, but less than 30 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 25 calendar years
and pay a fine of $500,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state, or who is knowingly in actual or constructive
possession of, 30 kilograms or more of any morphine, opium, oxycodone,
hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an
isomer thereof, including heroin, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(b), (2)(a),
(3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing
any such substance, commits the first degree felony of trafficking in
illegal drugs. A person who has been convicted of the first degree felony
of trafficking in illegal drugs under this subparagraph shall be punished
by life imprisonment and is ineligible for any form of discretionary early
release except pardon or executive clemency or conditional medical release
under s. 947.149 (http://www.loislaw.com/pns/doclink.htp?dockey=11788681@FLCODE&alias=FLCODE&cite=947.149). However, if the court determines that, in addition to
committing any act specified in this paragraph:

a. The person intentionally killed an individual or counseled, commanded,
induced, procured, or caused the intentional killing of an individual and
such killing was the result; or

b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,

such person commits the capital felony of trafficking in illegal drugs,
punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.

3. Any person who knowingly brings into this state 60 kilograms or more
of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt,
derivative, isomer, or salt of an isomer thereof, including heroin, as
described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60
kilograms or more of any mixture containing any such substance, and who
knows that the probable result of such importation would be the death of
any person, commits capital importation of illegal drugs, a capital felony
punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for
a capital felony under this paragraph shall also be sentenced to pay the
maximum fine provided under subparagraph 1.

(d)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 28 grams or more of phencyclidine or of any mixture
containing phencyclidine, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(b), commits a felony
of the first degree, which felony shall be known as "trafficking in
phencyclidine," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s.
775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

2. Any person who knowingly brings into this state 800 grams or more of
phencyclidine or of any mixture containing phencyclidine, as described in
s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(b), and who knows that the probable result of such
importation would be the death of any person commits capital importation
of phencyclidine, a capital felony punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082)
and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.

(e)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 200 grams or more of methaqualone or of any mixture
containing methaqualone, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), commits a felony
of the first degree, which felony shall be known as "trafficking in
methaqualone," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s.
775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 200 grams or more, but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more, but less than 25 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.

c. Is 25 kilograms or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

2. Any person who knowingly brings into this state 50 kilograms or more
of methaqualone or of any mixture containing methaqualone, as described
in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), and who knows that the probable result of such
importation would be the death of any person commits capital importation
of methaqualone, a capital felony punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082)
and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.

(f)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 14 grams or more of amphetamine, as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(c)2., or methamphetamine, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(c)4., or
of any mixture containing amphetamine or methamphetamine, or phenylacetone,
phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other
chemicals and equipment utilized in the manufacture of amphetamine or
methamphetamine, commits a felony of the first degree, which felony shall
be known as "trafficking in amphetamine," punishable as provided in s.
775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 14 grams or more, but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 200 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

2. Any person who knowingly manufactures or brings into this state 400
grams or more of amphetamine, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(c)2., or
methamphetamine, as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(2)(c)4., or of any mixture
containing amphetamine or methamphetamine, or phenylacetone, phenylacetic
acid, pseudoephedrine, or ephedrine in conjunction with other chemicals
and equipment used in the manufacture of amphetamine or methamphetamine,
and who knows that the probable result of such manufacture or importation
would be the death of any person commits capital manufacture or
importation of amphetamine, a capital felony punishable as provided in
ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under
this paragraph shall also be sentenced to pay the maximum fine provided
under subparagraph 1.

(g)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 4 grams or more of flunitrazepam or any mixture containing
flunitrazepam as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(a) commits a felony of the first
degree, which felony shall be known as "trafficking in flunitrazepam,"
punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the
quantity involved:

a. Is 4 grams or more but less than 14 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more but less than 30 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 25 calendar years
and pay a fine of $500,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state or who is knowingly in actual or constructive
possession of 30 kilograms or more of flunitrazepam or any mixture
containing flunitrazepam as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(a) commits the first
degree felony of trafficking in flunitrazepam. A person who has been
convicted of the first degree felony of trafficking in flunitrazepam under
this subparagraph shall be punished by life imprisonment and is ineligible
for any form of discretionary early release except pardon or executive
clemency or conditional medical release under s. 947.149 (http://www.loislaw.com/pns/doclink.htp?dockey=11788681@FLCODE&alias=FLCODE&cite=947.149). However, if the
court determines that, in addition to committing any act specified in this
paragraph:

a. The person intentionally killed an individual or counseled, commanded,
induced, procured, or caused the intentional killing of an individual and
such killing was the result; or

b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,

such person commits the capital felony of trafficking in flunitrazepam,
punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.

(h)1. Any person who knowingly sells, purchases, manufactures,
delivers, or brings into this state, or who is knowingly in actual or
constructive possession of, 1 kilogram or more of gamma-hydroxybutyric
acid (GHB), as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or any mixture containing
gamma-hydroxybutyric acid (GHB), commits a felony of the first degree,
which felony shall be known as "trafficking in gamma-hydroxybutyric acid
(GHB)," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084).
If the quantity involved:

a. Is 1 kilogram or more but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

2. Any person who knowingly manufactures or brings into this state 150
kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB),
and who knows that the probable result of such manufacture or importation
would be the death of any person commits capital manufacture or importation
of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided
in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under
this paragraph shall also be sentenced to pay the maximum fine provided
under subparagraph 1.

(i)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as
described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or any mixture containing gamma-butyrolactone
(GBL), commits a felony of the first degree, which felony shall be known as
"trafficking in gamma-butyrolactone (GBL)," punishable as provided in s.
775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 1 kilogram or more but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

2. Any person who knowingly manufactures or brings into the state 150
kilograms or more of gamma-butyrolactone (GBL), as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who
knows that the probable result of such manufacture or importation would be
the death of any person commits capital manufacture or importation of
gamma-butyrolactone (GBL), a capital felony punishable as provided in ss.
775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.

(j)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 kilogram or more of 1,4-Butanediol as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony
of the first degree, which felony shall be known as "trafficking in
1,4-Butanediol," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s.
775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the quantity involved:

a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more, but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$500,000.

2. Any person who knowingly manufactures or brings into this state 150
kilograms or more of 1,4-Butanediol as described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(d), or any
mixture containing 1,4-Butanediol, and who knows that the probable result
of such manufacture or importation would be the death of any person commits
capital manufacture or importation of 1,4-Butanediol, a capital felony
punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for
a capital felony under this paragraph shall also be sentenced to pay the
maximum fine provided under subparagraph 1.

(k)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 10 grams or more of any of the following substances
described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(a) or (c):

a. 3,4-Methylenedioxymethamphetamine (MDMA);

b. 4-Bromo-2,5-dimethoxyamphetamine;

c. 4-Bromo-2,5-dimethoxyphenethylamine;

d. 2,5-Dimethoxyamphetamine;

e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);

f. N-ethylamphetamine;

g. N-Hydroxy-3,4-methylenedioxyamphetamine;

h. 5-Methoxy-3,4-methylenedioxyamphetamine;

i. 4-methoxyamphetamine;

j. 4-methoxymethamphetamine;

k. 4-Methyl-2,5-dimethoxyamphetamine;

l. 3,4-Methylenedioxy-N-ethylamphetamine;

m. 3,4-Methylenedioxyamphetamine;

n. N,N-dimethylamphetamine; or

o. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any
substance listed in sub-subparagraphs a.-o., commits a felony of the
first degree, which felony shall be known as "trafficking in
Phenethylamines," punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or
s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084).

2. If the quantity involved:

a. Is 10 grams or more but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.

3. Any person who knowingly manufactures or brings into this state 30
kilograms or more of any of the following substances described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(a) or (c):

a. 3,4-Methylenedioxymethamphetamine (MDMA);

b. 4-Bromo-2,5-dimethoxyamphetamine;

c. 4-Bromo-2,5-dimethoxyphenethylamine;

d. 2,5-Dimethoxyamphetamine;

e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);

f. N-ethylamphetamine;

g. N-Hydroxy-3,4-methylenedioxyamphetamine;

h. 5-Methoxy-3,4-methylenedioxyamphetamine;

i. 4-methoxyamphetamine;

j. 4-methoxymethamphetamine;

k. 4-Methyl-2,5-dimethoxyamphetamine;

l. 3,4-Methylenedioxy-N-ethylamphetamine;

m. 3,4-Methylenedioxyamphetamine;

n. N,N-dimethylamphetamine; or

o. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any
substance listed in sub-subparagraphs a.-o., and who knows that the
probable result of such manufacture or importation would be the death of
any person commits capital manufacture or importation of
Phenethylamines, a capital felony punishable as provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082)
and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.

(l)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 gram or more of lysergic acid diethylamide (LSD) as
described in s. 893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(c), or of any mixture containing lysergic acid
diethylamide (LSD), commits a felony of the first degree, which felony
shall be known as "trafficking in lysergic acid diethylamide (LSD),"
punishable as provided in s. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082), s. 775.083 (http://www.loislaw.com/pns/doclink.htp?dockey=11791481@FLCODE&alias=FLCODE&cite=775.083), or s. 775.084 (http://www.loislaw.com/pns/doclink.htp?dockey=11791483@FLCODE&alias=FLCODE&cite=775.084). If the
quantity involved:

a. Is 1 gram or more, but less than 5 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $50,000.

b. Is 5 grams or more, but less than 7 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and the
defendant shall be ordered to pay a fine of $100,000.

c. Is 7 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$500,000.

2. Any person who knowingly manufactures or brings into this state 7
grams or more of lysergic acid diethylamide (LSD) as described in s.
893.03 (http://www.loislaw.com/pns/doclink.htp?dockey=11792286@FLCODE&alias=FLCODE&cite=893.03)(1)(c), or any mixture containing lysergic acid diethylamide (LSD),
and who knows that the probable result of such manufacture or importation
would be the death of any person commits capital manufacture or importation
of lysergic acid diethylamide (LSD), a capital felony punishable as
provided in ss. 775.082 (http://www.loislaw.com/pns/doclink.htp?dockey=11791479@FLCODE&alias=FLCODE&cite=775.082) and 921.142 (http://www.loislaw.com/pns/doclink.htp?dockey=11788151@FLCODE&alias=FLCODE&cite=921.142). Any person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the maximum fine
provided under subparagraph 1.

(2) A person acts knowingly under subsection (1) if that person intends
to sell, purchase, manufacture, deliver, or bring into this state, or to
actually or constructively possess, any of the controlled substances listed
in subsection (1), regardless of which controlled substance listed in
subsection (1) is in fact sold, purchased, manufactured, delivered, or
brought into this state, or actually or constructively possessed.

(3) Notwithstanding the provisions of s. 948.01 (http://www.loislaw.com/pns/doclink.htp?dockey=11788706@FLCODE&alias=FLCODE&cite=948.01), with respect to any
person who is found to have violated this section, adjudication of guilt or
imposition of sentence shall not be suspended, deferred, or withheld, nor
shall such person be eligible for parole prior to serving the mandatory
minimum term of imprisonment prescribed by this section. A person sentenced
to a mandatory minimum term of imprisonment under this section is not
eligible for any form of discretionary early release, except pardon or
executive clemency or conditional medical release under s. 947.149 (http://www.loislaw.com/pns/doclink.htp?dockey=11788681@FLCODE&alias=FLCODE&cite=947.149), prior
to serving the mandatory minimum term of imprisonment.

(4) The state attorney may move the sentencing court to reduce or
suspend the sentence of any person who is convicted of a violation of
this section and who provides substantial assistance in the
identification, arrest, or conviction of any of that person's
accomplices, accessories, coconspirators, or principals or of any other
person engaged in trafficking in controlled substances. The arresting
agency shall be given an opportunity to be heard in aggravation or
mitigation in reference to any such motion. Upon good cause shown, the
motion may be filed and heard in camera. The judge hearing the motion may
reduce or suspend the sentence if the judge finds that the defendant
rendered such substantial assistance.

(5) Any person who agrees, conspires, combines, or confederates with
another person to commit any act prohibited by subsection (1) commits a
felony of the first degree and is punishable as if he or she had actually
committed such prohibited act. Nothing in this subsection shall be
construed to prohibit separate convictions and sentences for a violation of
this subsection and any violation of subsection (1).

(6) A mixture, as defined in s. 893.02 (http://www.loislaw.com/pns/doclink.htp?dockey=11792285@FLCODE&alias=FLCODE&cite=893.02), containing any controlled
substance described in this section includes, but is not limited to, a
solution or a dosage unit, including but not limited to, a pill or tablet,
containing a controlled substance. For the purpose of clarifying
legislative intent regarding the weighing of a mixture containing a
controlled substance described in this section, the weight of the
controlled substance is the total weight of the mixture, including the
controlled substance and any other substance in the mixture. If there is
more than one mixture containing the same controlled substance, the weight
of the controlled substance is calculated by aggregating the total weight
of each mixture.

(7) For the purpose of further clarifying legislative intent, the
Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=750+So.2d+1) (Fla.
1999) does not correctly construe legislative intent. The Legislature finds
that the opinions in State v. Hayes, 720 So. 2d 1095 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=720+So.2d+1095) (Fla. 4th DCA 1998)
and State v. Baxley, 684 So.2d 831 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=684+So.2d+831) (Fla. 5th DCA 1996) correctly construe
legislative intent.

History. s. 1, ch. 79-1; s. 1, ch. 80-70; s. 2, ch. 80-353; s. 491,
ch. 81-259; s. 1, ch. 82-2; s. 3, ch. 82-16; s. 53, ch. 83-215; s. 5,
ch. 87-243; ss. 1, 4, ch. 89-281; s. 1, ch. 90-112; s. 3, ch. 93-92; s.
24, ch. 93-406; s. 15, ch. 95-184; s. 5, ch. 95-415; s. 54, ch. 96-388;
s. 3, ch. 97-1; s. 1828, ch. 97-102; s. 23, ch. 97-194; s. 9, ch. 99-188 (http://www.loislaw.com/pns/doclink.htp?dockey=7565084@FLACTS&alias=FLACTS&cite=1999-188);
s. 4, ch. 2000-320 (http://www.loislaw.com/pns/doclink.htp?dockey=12060093@FLACTS&alias=FLACTS&cite=2000-320); s. 2, ch. 2001-55 (http://www.loislaw.com/pns/doclink.htp?dockey=12982106@FLACTS&alias=FLACTS&cite=2001-55); s. 7, ch. 2001-57 (http://www.loislaw.com/pns/doclink.htp?dockey=12982108@FLACTS&alias=FLACTS&cite=2001-57); ss. 1, 2, 3,
ch. 2002-212 (http://www.loislaw.com/pns/doclink.htp?dockey=14831766@FLACTS&alias=FLACTS&cite=2002-212); s. 4, ch. 2003-10 (http://www.loislaw.com/pns/doclink.htp?dockey=16076972@FLACTS&alias=FLACTS&cite=2003-10); s. 3, ch. 2005-128 (http://www.loislaw.com/pns/doclink.htp?dockey=18038345@FLACTS&alias=FLACTS&cite=2005-128); s. 7, ch. 2008-184 (http://www.loislaw.com/pns/doclink.htp?dockey=21606494@FLACTS&alias=FLACTS&cite=2008-184).

******************************************

Rule 3.800. Correction, Reduction, and Modification of Sentences

(a) Correction. A court may at any time correct an illegal sentence
imposed by it, or an incorrect calculation made by it in a sentencing
scoresheet, or a sentence that does not grant proper credit for time
served when it is affirmatively alleged that the court records
demonstrate on their face an entitlement to that relief, provided that a
party may not file a motion to correct an illegal sentence under this
subdivision during the time allowed for the filing of a motion under
subdivision (b)(1) or during the pendency of a direct appeal. All orders
denying motions under this subdivision shall include a statement that the
movant has the right to appeal within 30 days of rendition of the order.

(b) Motion to Correct Sentencing Error. A motion to correct any
sentencing error, including an illegal sentence, may be filed as allowed
by this subdivision. This subdivision shall not be applicable to those
cases in which the death sentence has been imposed and direct appeal
jurisdiction is in the Supreme Court under article V (http://www.loislaw.com/pns/doclink.htp?dockey=16435629@FLCODE&alias=FLCODE&cite=Fla.+Const.%2C+Art.+V#PR0), section 3 (http://www.loislaw.com/pns/doclink.htp?dockey=16435632@FLCODE&alias=FLCODE&cite=Fla.+Const.%2C+Art.+V%2C+%A7+3#PR0)(b)(1 (http://www.loislaw.com/pns/doclink.htp?dockey=16435630@FLCODE&alias=FLCODE&cite=Fla.+Const.%2C+Art.+V%2C+%A7+1#PR0))
of the Florida Constitution. The motion must identify the error with
specificity and provide a proposed correction. A response to the motion
may be filed within 15 days, either admitting or contesting the alleged
error. Motions may be filed by the state under this subdivision only if
the correction of the sentencing error would benefit the defendant or to
correct a scrivener's error.

(1) Motion Before Appeal. During the time allowed for the filing of a
notice of appeal of a sentence, a defendant or the state may file a
motion to correct a sentencing error.

(A) This motion shall stay rendition under Florida Rule of Appellate
Procedure 9.020(h).

(B) Unless the trial court determines that the motion can be resolved
as a matter of law without a hearing, it shall hold a calendar call no
later than 20 days from the filing of the motion, with notice to all
parties, for the express purpose of either ruling on the motion or
determining the need for an evidentiary hearing. If an evidentiary
hearing is needed, it shall be set no more than 20 days from the date of
the calendar call. Within 60 days from the filing of the motion, the
trial court shall file an order ruling on the motion. If no order is
filed within 60 days, the motion shall be considered denied. A party may
file a motion for rehearing of any order entered under subdivisions (a)
and (b) of this rule within 15 days of the date of service of the order
or within 15 days of the expiration of the time period for filing an
order if no order is filed.

(2) Motion Pending Appeal. If an appeal is pending, a defendant or the
state may file in the trial court a motion to correct a sentencing
error. The motion may be filed by appellate counsel and must be served
before the party's first brief is served. A notice of pending motion to
correct sentencing error shall be filed in the appellate court, which
notice automatically shall extend the time for the filing of the brief
until 10 days after the clerk of circuit court transmits the supplemental
record under Florida Rule of Appellate Procedure 9.140(f)(6).

(A) The motion shall be served on the trial court and on all trial and
appellate counsel of record. Unless the motion expressly states that
appellate counsel will represent the movant in the trial court, trial
counsel will represent the movant on the motion under Florida Rule of
Appellate Procedure 9.140(d). If the state is the movant, trial counsel
will represent the defendant unless appellate counsel for the defendant
notifies trial counsel and the trial court that he or she will represent
the defendant on the state's motion.

(B) The trial court shall resolve this motion in accordance with the
procedures in subdivision (b)(1)(B).

(C) In accordance with Florida Rule of Appellate Procedure
9.140(f)(6), the clerk of circuit court shall supplement the appellate
record with the motion, the order, any amended sentence, and, if
designated, a transcript of any additional portion of the proceedings.

(c) Reduction and Modification. A court may reduce or modify to include
any of the provisions of chapter 948 (http://www.loislaw.com/pns/doclink.htp?dockey=17173237@FLCODE&alias=FLCODE&cite=948), Florida Statutes, a legal sentence
imposed by it within 60 days after the imposition, or within 60 days
after receipt by the court of a mandate issued by the appellate court on
affirmance of the judgment and/or sentence on an original appeal, or
within 60 days after receipt by the court of a certified copy of an order
of the appellate court dismissing an original appeal from the judgment
and/or sentence, or, if further appellate review is sought in a higher
court or in successively higher courts, within 60 days after the highest
state or federal court to which a timely appeal has been taken under
authority of law, or in which a petition for certiorari has been timely
filed under authority of law, has entered an order of affirmance or an
order dismissing the appeal and/or denying certiorari. This subdivision
shall not be applicable to those cases in which the death sentence is
imposed or those cases in which the trial judge has imposed the minimum
mandatory sentence or has no sentencing discretion.

Amended Sept. 24, 1992, effective Jan. 1, 1993 (606 So.2d 227 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=606+So.2d+227)); June 27,
1996, effective July 1, 1996 (675 So.2d 1374 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=675+So.2d+1374)); Nov. 27, 1996, effective
Jan. 1, 1997 (685 So.2d 1253 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=685+So.2d+1253)); Nov. 12, 1999 (760 So.2d 67 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=760+So.2d+67)); Jan. 13,
2000 (761 So.2d 1015 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=761+So.2d+1015)); Nov. 2, 2000, effective Jan. 1, 2001 (
794 So.2d 457 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=794+So.2d+457)); Oct. 7, 2004, effective Jan. 1, 2005 (886 So.2d 197 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=886+So.2d+197));
Feb. 8, 2007 (949 So.2d 196 (http://www.loislaw.com/pns/doclink.htp?alias=FLCASE&cite=949+So.2d+196)); Nov. 19, 2009, effective Jan. 1, 2010 (
2009 WL 3853183).

mardavjar
09-09-2010, 04:17 PM
ok, a lien is a claim against the value of something. Most people who are familiar with them are familiar with mechanic's liens. You go in, get some work done on your house or your car, and you fail to pay the bill - the mechanic/carpenter/plumber/whatever has a lien against that property for the value of their costs and services.

So, first and foremost, you have to have something worth at least $50K to lien. Oh, and it's got to be HIS property. Can't be somebody else's property.

So, let's assume like most 21 year olds, he doesn't have property valued at at least $50K - no lien possible.

Then, let's assume that as a 21 year old, he's got a house in the Hamptons and one in Bermuda - in otehr words, he's rich. Why get a lien on stuff when he could just pay the fine? Or, if he just has a small cottage in Evansville (or wherever), he could just get a loan. Why a lien?

Ok, let's also look at this from the State's perspective: they want to get paid. A lien is attached to the title of the stuff worth at least $50K. The State doesn't get paid until that property is sold, which could be years and years and years from now. But a fine? Heck, that gives them immediate control over the guy. If he doesn't make the minimum monthly payment, they can hold him in contempt of court and throw him in jail. They can violate his parole and throw him in jail. People are far more likely to pay when their freedom is a stake as opposed to their credit rating.

How may 21 yr olds do you know that have a bring home pay of $2100.00 per month? He has no education ecept his HS diploma. How shall he pay for housing and food and clothing and transportation? He accepts the responsiblity of making payments, he just ask for one that is reasonable.

He has nothing more to give the state at the moment. How does the state or taxpayers intent to collect if they throw him back in jail? How long will they house him then? What you describe sounds like the debtors prison and I believe that was abolished in 1833.

thatwiz
09-09-2010, 05:12 PM
Court ordered payments aren't the same as credit card debt or any other kind of debt. If you don't pay child support, you could be jailed also. If thats the sentence, until the law is changed and it seems like its a pretty consistent fine based on the posted law, it is what it is. To be honest, if it was my hubby, who couldn't possibly make that payment, I would be paying it. Noone said laws are fair. They would rather see someone in jail anyhow as thats how the DOC makes its money. I guess thats the deterent of the crime-not only jail but hit with a huge fine that will make everyone around you suffer or work much harder. I would seek an attorney to get a manageable plan if at all possible.

yourself
09-09-2010, 09:28 PM
How may 21 yr olds do you know that have a bring home pay of $2100.00 per month? He has no education ecept his HS diploma. How shall he pay for housing and food and clothing and transportation? He accepts the responsiblity of making payments, he just ask for one that is reasonable.

He has nothing more to give the state at the moment. How does the state or taxpayers intent to collect if they throw him back in jail? How long will they house him then? What you describe sounds like the debtors prison and I believe that was abolished in 1833.

Sorry if you disagree with me, but that's what happens. Happens all the time. Some Defendant makes no effort whatsoever to pay his fines, the judge finds him in contempt, and he goes to jail.

Now, I get them when the citation for contempt based on failure to pay shows up. First thing I do is read them the riot act. You have a fine, you pay the fine. You do the best job you can to pay the fine.

Assuming that the PO has misapplied some formula that determines how much he owes a month (assuming he has no income), then getting him to modify it becomes much easier if the Defendant is making SOME effort to pay. Me? I drag the Defendant to the Clerk of Court, have him empty out his pockets, and all that change amongst the chaw and the chewing gum goes on his books as an effort to pay the fine. Judges are far less likely to throw somebody in jail when he's made even the most modest effort to meet his financial obligations. If he's paying nothing on his fine, the state's not being paid anyway, so it doesn't bother them much to throw them in jail until they make at least token payments.

And, yes, I've known 21 year olds without a HS diploma who make more sitting on their rear ends all day than I make in a year of working 80-90 hours a week. I've also know plenty who have nothing. And usually it's the rich guy who has the crap credit score.

Here's what he does - ask to have the monthly modified. If that doesn't happen, then every week he goes to the CoC, takes every penny out of his pocket, and pays on his fine. Eventually, he'll get violated, but he'll have a record of weekly payments, so the Court will know he's trying. The Court wants this, so the Court will ask the PO why the guy's being violated. Eventually, the monthly will be modified, and he won't have to go to jail.

mardavjar
09-10-2010, 12:56 PM
Please tell me what type of jobs these 21 yr olds that sit on their ass all day making more than you have? Maybe I will get myself one. He has already paid $10,000 by giving up all he had willingly.

Going your route just goes to shows how taxpayer dollars are wasted on repeated VOP paperwork, until eventually, he lands in court, taking up valuable time,both his away from work and the judges, where the amount will get adjusted or he goes back to jail, losing his job and what ever income he had, thus not being able to pay anything, but yet costing the taxpaper even more.

There has to be a more efficient way to satisfy everyone.

yourself
09-10-2010, 09:54 PM
Please tell me what type of jobs these 21 yr olds that sit on their ass all day making more than you have? Maybe I will get myself one. He has already paid $10,000 by giving up all he had willingly.

Going your route just goes to shows how taxpayer dollars are wasted on repeated VOP paperwork, until eventually, he lands in court, taking up valuable time,both his away from work and the judges, where the amount will get adjusted or he goes back to jail, losing his job and what ever income he had, thus not being able to pay anything, but yet costing the taxpaper even more.

There has to be a more efficient way to satisfy everyone.
most are working for daddy, have trust funds, have settlements from accidents, usually that cost them at least one parent or sibling, or, of course, there's the ones who I don't ask where the money comes from, but usually it's associated with why I'm representing them. So, yeah, there are plenty of people out there, who do make that much money. Sorry you don't believe me. Sorry you're so angry right now, but as I said, the PO should modify the monthly amount owed. I do not know your jurisdiction, but usually there's a formula applied to the fine in relation to making monthly payments. If that's the case, there's a math or factual error that should be readily corrected. That doesn't mean it will be corrected. If he wants to stay out of jail and that monthly amount isn't modified, he should pay what he can on a regular basis. If he wants to have his parole revoked or get a contempt charge, then he should do nothing, go in to court, and whine about it.

Now, if you want to take advantage of the personal injury laws that result from the death of a loved one, and think it's easy money, that's up to you. There's a reason why these kids wind up in the criminal justice system, and I wouldn't wish their histories on anybody.

mardavjar
09-11-2010, 12:06 AM
most are working for daddy, have trust funds, have settlements from accidents, usually that cost them at least one parent or sibling, or, of course, there's the ones who I don't ask where the money comes from, but usually it's associated with why I'm representing them. So, yeah, there are plenty of people out there, who do make that much money. Sorry you don't believe me. Sorry you're so angry right now, but as I said, the PO should modify the monthly amount owed. I do not know your jurisdiction, but usually there's a formula applied to the fine in relation to making monthly payments. If that's the case, there's a math or factual error that should be readily corrected. That doesn't mean it will be corrected. If he wants to stay out of jail and that monthly amount isn't modified, he should pay what he can on a regular basis. If he wants to have his parole revoked or get a contempt charge, then he should do nothing, go in to court, and whine about it.

Now, if you want to take advantage of the personal injury laws that result from the death of a loved one, and think it's easy money, that's up to you. There's a reason why these kids wind up in the criminal justice system, and I wouldn't wish their histories on anybody.

First of all, I am not angry. Its more like disgusted...with you and people like you who work in our justice system. I asked the question regarding employment but answer was not what I expected. My son will not be working for daddy, nor does he have a trust fund or any sort of settlement. He was not a drug dealer with wads of cash either. My son is not a whiner but apparently he has more common sense than you or any system who expects to get $2100.00 per month from someone with no job.

You know nothing of my son, how he was raised, or our family, yet you feel free to "judge" him. Do tell "What is the reason why these kids wind up in the criminal justice system?" I can only imagine how well you "represent" them.
What would make you ask if I wanted to taked advantage of the PI laws that result from the death of a loved one? Trying to drum up some business?

I work hard as does my husband! We don't owe anyone anything, drive old reliable paid for cars and almost have our home paid off! We were very involved in our kids lives as long as they lived at home. We still have one in college and one in high school. No one in 3 generations on either side of families have ever been arrested. I'm sure you could care less but at least I feel better.

Colorado_Lawyer
09-11-2010, 10:07 AM
This thread seems to have gotten off track and into the weeds. Let me try with some practical advice:

Your son is going to be on probation, and has a huge fine hanging over his head that he cannot pay. While on probation, he will have to comply with the terms and conditions of probation. If he cannot pay the court ordered payments on his fine while on probation, he will be violated and resentenced to jail or prison.

One option is for your son to just tell his PO that he doesn't have the money, cannot get the money, and he is just going to decline to be on probation. Probation is a contract, and nobody can force someone to be on probation (unlike mandatory parole). If he does that, then he will be violated and the judge will have to sentence him to jail instead. He can be sentenced to any (and only any) lawful sentence the judge could have sentenced him to in the first place. Therefore, he cannot be sentenced as an adult offender, he has to be sentenced as a youthful offender.

While he is in jail or prison serving his sentence as a youthful offender, no one can make him pay anything. 25% of his wages as an inmate, or 20% of the money you put on his books can be garnished, but that is about it.

When he gets out, he will be off paper. No one can "make" him do anything when he is off paper.

He cannot be thrown back in jail for failing to pay a fine, we have no debtor's prisons in the United States. The fine and court costs will now revert to a civil judgment and will be like any other judgment. He will gets calls and dunning letters from the collection agency that contracts with the state to collect such judgments for fines, court costs and restitution, but they cannot anything to him except garnish his wages (but only a percentage), or slap a lien on any property he might acquire. But, they cannot take away all of his property as soon as he gets it -- under state law, and this varies from state to state, some things are exempt: if he buys a house 10 or 20 years from now, then as long as he is living in it, it is exempt from being taken by any creditor (including the state), a car that has a value under a certain amount (usually around $2000), clothes, pots and pans and reasonable household items (so long as not designer clothes, and there is a total limit on the value), wedding rings, a small amount for other jewelry, tools that he needs for his trade, etc.

Of course, he should make payments on this every month, what ever he can afford, $50 $100 $200, whatever, because he needs to pay this down because it will be drawing compound interest and he won't want it hanging over his head for the rest of his life, and until it is paid, this judgment will be hanging over his head for the rest of his life.

Another thing to consider is since he was sentenced as a "youthful offender" rather than an adult, consider bankruptcy. Here in Colorado, our federal court is in the Tenth Circuit Court of Appeals. The Tenth Circuit Court of Appeals ruled that restitution for a juvenile offender is dischargeable in bankruptcy once the juvenile is an adult. Later on down the road, it might be worthwhile looking into this. You will need a decent bankruptcy attorney, and not one of the hacks, because there is going to be some very intense litigation over this, and the bankruptcy attorney will have to research the Tenth Circuit law and then argue to the Florida bankruptcy court that they should follow the Tenth Circuit precedent since it is persuasive authority.

Another thing to consider: Once he is off paper, he can just move. He can move to a state in the Tenth Circuit, and then it will be easier for him to discharge in bankruptcy -- because he will be filing for bankruptcy in the district where he lives, not where the fine is from, and the law of the district where is lives will apply, not the law in Florida. The case I am referring to is not directly on point because it is for restitution not fines per se, but the logic of that opinion should apply to those draconian fines for juvenile offenders as well.

mardavjar
09-11-2010, 12:06 PM
This thread seems to have gotten off track and into the weeds. Let me try with some practical advice:

Your son is going to be on probation, and has a huge fine hanging over his head that he cannot pay. While on probation, he will have to comply with the terms and conditions of probation. If he cannot pay the court ordered payments on his fine while on probation, he will be violated and resentenced to jail or prison.

One option is for your son to just tell his PO that he doesn't have the money, cannot get the money, and he is just going to decline to be on probation. Probation is a contract, and nobody can force someone to be on probation (unlike mandatory parole). If he does that, then he will be violated and the judge will have to sentence him to jail instead. He can be sentenced to any (and only any) lawful sentence the judge could have sentenced him to in the first place. Therefore, he cannot be sentenced as an adult offender, he has to be sentenced as a youthful offender.

While he is in jail or prison serving his sentence as a youthful offender, no one can make him pay anything. 25% of his wages as an inmate, or 20% of the money you put on his books can be garnished, but that is about it.

When he gets out, he will be off paper. No one can "make" him do anything when he is off paper.

He cannot be thrown back in jail for failing to pay a fine, we have no debtor's prisons in the United States. The fine and court costs will now revert to a civil judgment and will be like any other judgment. He will gets calls and dunning letters from the collection agency that contracts with the state to collect such judgments for fines, court costs and restitution, but they cannot anything to him except garnish his wages (but only a percentage), or slap a lien on any property he might acquire. But, they cannot take away all of his property as soon as he gets it -- under state law, and this varies from state to state, some things are exempt: if he buys a house 10 or 20 years from now, then as long as he is living in it, it is exempt from being taken by any creditor (including the state), a car that has a value under a certain amount (usually around $2000), clothes, pots and pans and reasonable household items (so long as not designer clothes, and there is a total limit on the value), wedding rings, a small amount for other jewelry, tools that he needs for his trade, etc.

Of course, he should make payments on this every month, what ever he can afford, $50 $100 $200, whatever, because he needs to pay this down because it will be drawing compound interest and he won't want it hanging over his head for the rest of his life, and until it is paid, this judgment will be hanging over his head for the rest of his life.

Another thing to consider is since he was sentenced as a "youthful offender" rather than an adult, consider bankruptcy. Here in Colorado, our federal court is in the Tenth Circuit Court of Appeals. The Tenth Circuit Court of Appeals ruled that restitution for a juvenile offender is dischargeable in bankruptcy once the juvenile is an adult. Later on down the road, it might be worthwhile looking into this. You will need a decent bankruptcy attorney, and not one of the hacks, because there is going to be some very intense litigation over this, and the bankruptcy attorney will have to research the Tenth Circuit law and then argue to the Florida bankruptcy court that they should follow the Tenth Circuit precedent since it is persuasive authority.

Another thing to consider: Once he is off paper, he can just move. He can move to a state in the Tenth Circuit, and then it will be easier for him to discharge in bankruptcy -- because he will be filing for bankruptcy in the district where he lives, not where the fine is from, and the law of the district where is lives will apply, not the law in Florida. The case I am referring to is not directly on point because it is for restitution not fines per se, but the logic of that opinion should apply to those draconian fines for juvenile offenders as well.

Thank you for the solid advice. I am printing this info from you as well as the info from Paralegal to give to my son. He really wants to pay this fine and start his life over.

Paralegal USA
09-11-2010, 01:03 PM
According to your original post, the 50k fine was not part of the plea agreement. Assuming such is true, imposition of the fine by the judge regardless was improper and your son can therefore be relieved of his obligation to pay it.

The above considered, it strikes me odd that he would "want" to pay a 50k fine improperly imposed by the judge by reason of the state being broke.

If the State of Florida was more fiscally responsible, broke it would not be.

mardavjar
09-11-2010, 06:27 PM
According to your original post, the 50k fine was not part of the plea agreement. Assuming such is true, imposition of the fine by the judge regardless was improper and your son can therefore be relieved of his obligation to pay it.

The above considered, it strikes me odd that he would "want" to pay a 50k fine improperly imposed by the judge by reason of the state being broke.

If the State of Florida was more fiscally responsible, broke it would not be.


This is definately what we plan to persue first. I didn't mean that he actually wants to pay this fine. I should have said he is willing to accept the responsibility of payment if he has too. Thanks again.