House Bill hb1765

    Florida House of Representatives - 2002                HB 1765

        By the Committee on Criminal Justice Appropriations and
    Representative Seiler





  1                      A bill to be entitled

  2         An act relating to the collection of

  3         court-ordered payments in criminal cases;

  4         amending s. 938.30, F.S.; authorizing the

  5         referral by the clerk of the court of

  6         court-imposed financial obligations payable to

  7         the county arising out of criminal cases which

  8         are past due to a collection agent or to a

  9         private attorney; authorizing the referral by

10         the prosecutor of such financial obligations

11         payable to the state; providing a limitation on

12         the cost of collection; providing an effective

13         date.

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

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17         Section 1.  Subsection (13) of section 938.30, Florida

18  Statutes, is amended to read:

19         938.30  Court-imposed financial obligations in criminal

20  cases; supplementary proceedings.--

21         (13)(a)  Court-imposed financial obligations payable to

22  the county arising from criminal cases which are past due, and

23  which have been reduced to judgment by the court, may be

24  referred by the county commission or by the clerk of the court

25  to a collection agent who is registered and in good standing

26  pursuant to chapter 559 or a private attorney. Such referrals

27  must be made in accordance with established bid practices.

28         (b)  Any other provision of law to the contrary

29  notwithstanding, court-imposed financial obligations payable

30  to the state arising from criminal cases which are past due,

31  and which have been reduced to judgment by the court, may be

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    Florida House of Representatives - 2002                HB 1765

    608-225-02






  1  referred by the prosecutor to a collection agent who is

  2  registered and in good standing pursuant to chapter 559 or to

  3  a private attorney. In pursuing the collection of such unpaid

  4  financial obligations through a private attorney or collection

  5  agent, the prosecutor must determine that such collection is

  6  cost-effective and must follow applicable procurement

  7  practices. The costs of collection, including a reasonable

  8  attorney's fee, may be recovered, except that such fees and

  9  costs of collection may not exceed 40 percent of the total

10  fines and costs owed.

11         Section 2.  This act shall take effect upon becoming a

12  law.

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15                          HOUSE SUMMARY

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      Authorizes the referral by the clerk of the court of
17    court-imposed financial obligations payable to the county
      arising from criminal cases which are past due and which
18    have been reduced to judgment by the court to a
      collection agent or private attorney. Authorizes the
19    referral by the prosecutor of such obligations owed to
      the state. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.