Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 944 — Crime Proceeds

Florida Statute 944.512

“State lien on proceeds from literary or other type of account of crime for which convicted”

In Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board, 502 U.S. 105 (1991), the U.S. Supreme Court held New York's similar statute inconsistent with the First Amendment. Section 944.512 remains in the 2026 Florida Statutes.

What it means

Section 944.512 gives the state a lien prior in dignity to all others on royalties, commissions, proceeds of sale, or any other thing of value payable to a convicted felon, or to a person on the felon's behalf, from any literary, cinematic, or other account of the crime. The lien reaches a person to whom the proceeds are transferred or assigned by gift or otherwise. A conviction includes a guilty verdict or a guilty or nolo contendere plea, regardless of adjudication of guilt. The lien attaches at the time of conviction, and funds are held in escrow during an appeal.

Proceeds are distributed in order: 25 percent to the felon's dependents; 25 percent to the victims or their dependents, to the extent of court-determined damages; an amount to pay court costs of the prosecution, plus the per capita cost of imprisonment or supervision; and the remainder to the Crimes Compensation Trust Fund. If there are no dependents or victims, those shares go to that fund. Subsection (3) lets a judge place a similar lien on a settlement for injury incurred during the offense or while fleeing.

— What it says
  • A lien prior in dignity to all others arises in favor of the state on proceeds of any literary, cinematic, or other account of the crime. (§ 944.512(1))
  • A conviction includes a guilty or nolo contendere plea regardless of adjudication, and the lien attaches at conviction. (§ 944.512(1))
  • 25 percent goes to the felon's dependents; if there are none, to the Crimes Compensation Trust Fund. (§ 944.512(2)(a))
  • 25 percent goes to the victims or their dependents, to the extent of damages the court determines. (§ 944.512(2)(b))
  • Court costs go to the General Revenue Fund, additional costs cover per capita imprisonment or supervision, and the remainder goes to the Crimes Compensation Trust Fund. (§ 944.512(2)(c)-(d))
  • A judge may place a similar lien on a settlement for injury incurred during the offense or while fleeing apprehension. (§ 944.512(3))

Text of the statute (2026)

§ 944.512(1)
(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.
§ 944.512(2)(a)-(b)
(2) The proceeds of such account shall be distributed in the following order: (a) Twenty-five percent to the dependents of the convicted felon. If there are no dependents, this portion shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards for crime victims. (b) Twenty-five percent to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceedings. If there are no victims or dependents, or if their damages are less than 25 percent of the proceeds, this portion, or its remainder, shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.
§ 944.512(2)(c)-(d)
(c) After payments have been made pursuant to paragraph (a) or paragraph (b), an amount equal to pay all court costs in the prosecution of the convicted felon, which shall include, but not be limited to, jury fees and expenses, court reporter fees, and reasonable per diem for the prosecuting attorneys for the state, shall go to the General Revenue Fund. Additional costs shall be assessed for the computed per capita cost of imprisonment or supervision by the state or county correctional system. Such costs shall be determined and certified by the prosecuting attorney and the imprisoning entity and subject to review by the Auditor General. (d) The rest, residue, and remainder to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.
§ 944.512(3)
(3) A judge may place a lien prior in dignity to all others in favor of the state or county upon any financial settlement payable to or accruing to a convicted offender or person on her or his behalf, as a result of injury incurred during or at the time of a violation of the state law, or as a result of an attempt to flee apprehension for the offense for which the offender was convicted. A conviction is defined as in subsection (1). The lien shall be attached by order of the judge at the time of the conviction in county or circuit court. In the event of an appeal, the funds shall be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.

Excerpts are the subsections the summary relies on. Read the full official text of § 944.512.

History. ss. 1, 2, 3, ch. 77-45; s. 73, ch. 79-3; s. 302, ch. 79-400; s. 8, ch. 88-96; s. 18, ch. 90-211; s. 1653, ch. 97-102; s. 130, ch. 2001-266.

— In a Florida probate

How it applies

The lien applies to money tied to an account of the crime, such as book royalties or film proceeds, and subsection (1) extends it to a person to whom the proceeds are transferred or assigned by gift or otherwise. Subsection (5) directs the department to report covered circumstances to the Department of Legal Affairs, which may take legal action to perfect and enforce the lien. The section does not address the felon's death. Claims against a decedent's estate are governed by chapter 733, including §§ 733.702 and 733.710.

Where this shows up

Pages on this site where § 944.512 does real work:

Questions people ask

Does Florida have a Son of Sam law?
Yes. Section 944.512 creates a state lien on proceeds from any literary, cinematic, or other account of the crime, attaching at conviction. The first 25 percent goes to the felon's dependents and the next 25 percent to victims, then costs, with the remainder to the Crimes Compensation Trust Fund.
Does a no contest plea trigger the Florida Son of Sam lien?
Yes. Section 944.512(1) defines a conviction as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea, regardless of adjudication of guilt.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 944.512

Published by the Probate.Help editorial team.How these pages are written and checked.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers