CyberLaw.Info™ :: Intellectual Property Law, CyberLaw, Entertainment Law and Litigation

Son of Sam Law in FL

Articles / Entertainment Law
Posted by admin on May 16, 2007 - 07:01 AM

The "Son of Sam" Law in Florida is codified at F.S. 944.512.

In Rolling v. State ex rel. Butterworth, 741 So. 2d 627 (1999, FL 1st DCA), Appellee State, pursuant to Fla. Stat. ch. 944.512, sought imposition of a lien against property in an action against appellant, convicted criminal, especially seeking proceeds from sale of a book containing accounts of the crimes for which appellant was convicted. Appellants argued that Fla. Stat. ch. 960.291(7) violated U.S. Const. amend. I and was, therefore, unconstitutional both on its face and as applied to each of them. Under the plain language of the statute the lien encompassed appellant's art, autographs, and proceeds from them, as well as proceeds from his book. Appellant publisher was receiving benefits on appellant offender's behalf and thus the lien attached to the proceeds she garnered from sale of property. Appellant offender could not transfer his property to appellant publisher to avoid the lien.

The Order was affirmed; imposition of the lien upheld under the statute because upon petition, the court could enter a civil restitution lien against the real or personal property of a convicted offender, and appellant's art, book and proceeds were encompassed by the lien.

Note, the depiction must be of the crime for which defendant was convicted. See Shaw v. State, 616 So. 2nd 1094 (1993, FL 4th DCA).

To determine the value of the lien, see, generally, F.S. 960 et seq. Also, see F.S. 960.291 et seq.


This article is from CyberLaw.Info™ :: Intellectual Property Law, CyberLaw, Entertainment Law and Litigation
  http://cyberlaw.info/

The URL for this story is:
  http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=78