#39 I remember when these statutes became law, because there were many new documentation requirements that impacted my day to day work. I am looking for the other one now, but it was more pertinent to victim restitution and investigative costs. I don't recall a specific $50 amount, so that may be part of a third statute, or just determined as part of a state administrative rule. If you find a FSS number, please share. It is frustrating when the articles don't cite sources for the laws they refer to, always makes me wonder why they leave that out.
Whether the statute applies to state prison time vs county time is a very good question. There is also some confusion as to her actual court ordered 7 yrs (prison time) vs served sentence (10 mo youth offender bootcamp). The 7 years was likeley a suspended sentence (meaning it only gets served if they violate terms of the diversion program) and the 10 mos may have been considered county time.
I did a dive into public records for Shelby, and found a lot of conflicting information. The court record on this is a hot mess. Her case was closed and reopened numerous times, her sentence revisited and reconfigured. It doesn't appear that a lien or collection action was ever placed against her. At the same time, her "bill" was never cleared. This is not uncommon, the "bill" I speak of is something that appears on almost every inmates record. Pretty much nobody ever pays it, and no efforts are made to "collect" except in very unusual circumstances which I will save for another post, because I got involved in a couple cases where it was. (Very wealthy inmates, and oddly, people who win judgements against the state)
So in a nutshell, I don't know that the state is attempting to "collect" it, but Shelby is attempting to "clear" it, because she wants to work in healthcare, and to do so she must be found "exempt from disqualification". Apparently, she is being told she has to clear this bill to do so.....but I'm not sure that is actually required because the "bill" or "fee", does not appear to have been court ordered (See FS 435.07). If there is a court order or lien requiring her to pay the "bill", I haven't found it yet. Could be that DCF (in charge of the exemption) is demanding something that isn't actually required. Nevertheless, she took ti to the appeals court to contest her sentence, and lost her appeal. Possibly because technically the sentence itself wasn't the actual problem.
This appears to be a big mess of confusion and incompetence, and she is stuck right in the middle of it all. She appears to have a good attorney fighting for her, and hopefully she comes out ahead.
There is absolutely no excuse for leaving a restrained person in a prone position. That was part of my training decades ago, before these officers were likely even BORN!
That being said, a very common cause of death in that type of crash is a transected aorta. If that was the cause of death, nothing they could have done would have saved him. There is still no excuse though.