Senate Bill 0936er

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    1999 Legislature                                        SB 936



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  2         An act relating to court-imposed financial

  3         obligations in criminal cases; amending s.

  4         938.30, F.S.; providing for conversion of

  5         court-ordered obligations to pay court costs

  6         into obligations to perform community service,

  7         under specified circumstances; providing for

  8         assessments against a person for reimbursements

  9         for the costs of processing bench warrants and

10         pickup orders; providing for penalties;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 938.30, Florida Statutes, 1998

16  Supplement, is amended to read:

17         938.30  Court-imposed financial obligations in criminal

18  cases; supplementary proceedings.--

19         (1)  Any person who has been ordered to pay any

20  financial obligation in any criminal case is subject to the

21  provisions of this section. Courts operating under the

22  provisions of this section shall have jurisdiction over such

23  court-imposed financial obligations to ensure compliance.

24         (2)  The court may require a person ordered to pay an

25  obligation to appear and be examined under oath concerning the

26  person's financial ability to pay the obligation. The court

27  may reduce a person's court-ordered financial obligation based

28  on the court's determination of the person's ability to pay

29  the obligation. The judge may convert the court-ordered

30  obligation to pay court costs to a court-ordered obligation to

31  perform community service after examining a person under oath


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    1999 Legislature                                        SB 936



  1  and determining a person's inability to pay. Any person

  2  failing to attend a hearing may be arrested on warrant or

  3  capias which may be issued by the clerk upon order of the

  4  court.

  5         (3)  The order requiring the person's appearance shall

  6  be served a reasonable time before the date of the examination

  7  in the manner provided for service of summons, as provided for

  8  service of papers under rules of civil procedure, or by actual

  9  notice.

10         (4)  Testimony may be taken regarding any subject

11  relevant to the financial interests of the person tending to

12  aid in satisfying the obligation. Other witnesses who may have

13  information relevant to the issue of the person's ability or

14  lack of ability to pay the obligation may be examined.

15  Documents and other exhibits may also be produced as evidence.

16         (5)  The court may order that any nonexempt property of

17  the person which is in the hands of another be applied toward

18  satisfying the obligation.

19         (6)  If judgment has not been previously entered on any

20  court-imposed financial obligation, the court may enter

21  judgment thereon and issue any writ necessary to enforce the

22  judgment in the manner allowed in civil cases. Any judgment

23  issued under this section constitutes a civil lien against the

24  judgment debtor's presently owned or after-acquired property,

25  when recorded pursuant to s. 55.10. Supplementary proceedings

26  undertaken by any governmental entity to satisfy a judgment

27  imposed pursuant to this section may proceed without bond.

28         (7)  Provisions of the Uniform Fraudulent Transfer Act

29  apply to collection matters under this section and may be used

30  to collect any court-imposed financial obligation subject to

31  this section.


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    1999 Legislature                                        SB 936



  1         (8)  In lieu of examining the person, or in addition

  2  thereto, the court may order the person to comply with a

  3  payment schedule to satisfy the obligation.

  4         (9)  Any person failing to appear or willfully failing

  5  to comply with an order under this section, including an order

  6  to comply with a payment schedule, may be held in civil

  7  contempt.

  8         (10)  Administrative costs incurred in enforcing

  9  compliance under this section may be assessed against the

10  person. Such costs may include postage, copying, docketing

11  fees, service fees, and court reporter's fees, and

12  reimbursements for the costs of processing bench warrants and

13  pickup orders. Reasonable attorney's fees may be assessed at

14  the court's discretion. Judges may assess such administrative

15  costs and attorney's fees against the person as the court

16  deems necessary to offset such costs incurred under this

17  section.

18         (11)  The court may refer any proceeding under this

19  section to a special master who shall report findings and make

20  recommendations to the court. The court shall act on such

21  recommendations within a reasonable amount of time.

22         (12)  A record of court-imposed financial obligations

23  collected by the clerk of court under the provisions of this

24  section shall be reported quarterly by the clerk of court to

25  the chief judge of the judicial circuit.

26         (13)  Court-imposed financial obligations arising from

27  criminal cases which are past due, and which have been reduced

28  to judgment by the court, may be referred by the county

29  commission to a collection agent who is registered and in good

30  standing pursuant to chapter 559 or a private attorney. Such

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    1999 Legislature                                        SB 936



  1  referrals must be made in accordance with established bid

  2  practices.

  3         (14)  The provisions of this section may be used in

  4  addition to, or in lieu of, other provisions of law for

  5  enforcing payment of court-imposed financial obligations in

  6  criminal cases. The court may enter any orders necessary to

  7  carry out the purposes of this section.

  8         Section 2.  This act shall take effect July 1, 1999.

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