1 | The Conference Committee on HB 1851 offered the following: |
2 |
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3 | Conference Committee Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 985.2311, Florida Statutes, is created |
6 | to read: |
7 | 985.2311 Cost of supervision; cost of care.-- |
8 | (1) Except as provided in subsection (3) or subsection |
9 | (4): |
10 | (a) When any child is placed into home detention, |
11 | probation, or other supervision status with the Department of |
12 | Juvenile Justice, the court shall order the parent of such child |
13 | to pay to the department a fee for the cost of the supervision |
14 | of such child in the amount of $1 per day for each day that the |
15 | child is in supervision status. |
16 | (b) When any child is placed into secure detention or |
17 | placed on committed status and the temporary legal custody of |
18 | such child is placed with the Department of Juvenile Justice, |
19 | the court shall order the parent of such child to pay to the |
20 | department a fee for the cost of the care of such child in the |
21 | amount of $5 per day for each day that the child is in the |
22 | temporary legal custody of the department. |
23 | (2) The parent of any child who has been placed under the |
24 | supervision or care of the department shall provide to the |
25 | department his or her name, address, social security number, |
26 | date of birth, driver's license number or identification card |
27 | number, and sufficient financial information so as to assist the |
28 | court in determining the parent's ability to pay any fee |
29 | associated with the cost of the child's supervision or care. If |
30 | the parent refuses to provide the department with the |
31 | information required by this subsection, the court shall order |
32 | the parent to provide such information. The failure of the |
33 | parent to comply with such order of the court constitutes |
34 | contempt of court, and the court may punish the parent |
35 | accordingly. |
36 | (3) At the time of any detention or disposition hearing, |
37 | the court shall receive the information described in subsection |
38 | (2), as well as any other verbal or written information offered |
39 | as to the ability of the parent of a child who is being placed |
40 | under the supervision or care of the department to pay any fee |
41 | imposed pursuant to this section and whether the payment of such |
42 | fee will create a significant financial hardship. The court may |
43 | apportion the obligation for the fee to each parent in a manner |
44 | it deems appropriate; however, the total amount of the daily fee |
45 | may not exceed the amounts specified in this section. Any |
46 | finding made by the court as to the ability of the parent to pay |
47 | such fee, including any finding of indigency or significant |
48 | financial hardship, shall be in writing and shall contain a |
49 | detailed description of the facts supporting such finding. If |
50 | the court makes a finding of indigency and significant financial |
51 | hardship, the court shall waive the fee or reduce it to an |
52 | amount deemed appropriate. |
53 | (4) Notwithstanding subsection (3), the court may reduce |
54 | or waive the fee as to each parent if the court makes a finding |
55 | on the record that the parent was the victim of the delinquent |
56 | act or violation of law for which the child has been placed |
57 | under the supervision or care of the department and that the |
58 | parent is cooperating or has cooperated with the investigation |
59 | of the offense. |
60 | (5) The court shall order the payment of any fees required |
61 | in this section as part of the detention or disposition order. |
62 | Such order must include specific written findings as to what |
63 | fees are ordered, reduced, or waived. If the court fails to |
64 | enter an order as required by this section, the parent is deemed |
65 | to have an obligation to pay to the department a fee in the |
66 | amount of $1 per day for each day that the child is under the |
67 | supervision of the department and $5 per day for each day that |
68 | the child remains in the care of the department. |
69 | (6) Notwithstanding subsection (1), with respect to a |
70 | child who reaches the age of 18 prior to the detention or |
71 | disposition hearing, the court may elect to direct an order |
72 | required by this section to such child, rather than to the |
73 | child's parent. With regard to a child who reaches 18 while |
74 | under the supervision or care of the department, the court may, |
75 | upon proper motion of any party, hold a hearing as to whether |
76 | any party should be further obligated to pay any fee associated |
77 | with cost of the supervision or care of such child. If the court |
78 | does not enter an order under this subsection, it shall be |
79 | presumed that the court intended for the parent to pay or to |
80 | continue to pay the fees specified in this section. Any order |
81 | entered pursuant to this subsection must include specific |
82 | findings as to what fees are ordered, reduced, or waived as to |
83 | the child. |
84 | (7) With respect to a child who has been placed under the |
85 | supervision or care of the department and whose parent receives |
86 | public assistance for any portion of such child's care, the |
87 | department must seek a federal waiver to garnish or otherwise |
88 | order the payment of a portion of the public assistance relating |
89 | to such child, in an amount not to exceed the amount of the |
90 | parent's obligation, in order to offset the costs to the |
91 | department associated with providing supervision or care of such |
92 | child. |
93 | (8) If any order entered pursuant to this section affects |
94 | the guardianship of an estate, a certified copy of such order |
95 | shall be delivered to the judge having jurisdiction over the |
96 | guardianship of the estate. |
97 | (9) The department may employ a collection agency for the |
98 | purpose of receiving, collecting, and managing the payment of |
99 | any fees ordered pursuant to this section that have gone |
100 | delinquent or unpaid for 90 days or more. The collection agency |
101 | must be registered and in good standing under chapter 559. The |
102 | department may pay for the services of the collection agency |
103 | from available authorized funds or from funds generated by any |
104 | collections under this subsection. Alternatively, the department |
105 | may authorize the collection agency to withhold a specified |
106 | amount of any fee collected as payment for its services. |
107 | (10) The department or the collection agency shall provide |
108 | to the payor documentation of the payment of any fee paid |
109 | pursuant to this section. Except as provided in subsection (9), |
110 | all payments received by the department or the collection agency |
111 | pursuant to this section shall be deposited in the state Grants |
112 | and Donations Trust Fund within the Department of Juvenile |
113 | Justice. |
114 | (11) Under no circumstance shall the court or the |
115 | department extend the child's length of stay in the department's |
116 | supervision or care solely for the purpose of collecting the |
117 | fees specified in this section. |
118 | (12) No parent or child shall be liable for any fee |
119 | provided in this section unless: |
120 | (a) The child is adjudicated delinquent, or has |
121 | adjudication of delinquency withheld, for the offense that gave |
122 | rise to the supervision or care; or |
123 | (b) The child is found to have violated an order of the |
124 | court, including any order of supervision or care, and the costs |
125 | are associated with the violation of such order. |
126 |
|
127 | If any funds are paid for the supervision or care of a child who |
128 | is determined not to meet the criteria specified in paragraph |
129 | (a) or paragraph (b), such funds shall be refunded to the payor |
130 | forthwith. |
131 | (13) For purposes of this section, "parent" means any |
132 | person who meets the definition of "parent" or "legal custody or |
133 | guardian" in s. 985.03. |
134 | Section 2. Subsection (5) of section 985.21, Florida |
135 | Statutes, is amended to read: |
136 | 985.21 Intake and case management.-- |
137 | (5) Prior to requesting that a delinquency petition be |
138 | filed or prior to filing a dependency petition, the juvenile |
139 | probation officer may request the parent or legal guardian of |
140 | the child to attend a course of instruction in parenting skills, |
141 | training in conflict resolution, and the practice of |
142 | nonviolence; to accept counseling; or to receive other |
143 | assistance from any agency in the community which notifies the |
144 | clerk of the court of the availability of its services. Where |
145 | appropriate, the juvenile probation officer shall request both |
146 | parents or guardians to receive such parental assistance. The |
147 | juvenile probation officer may, in determining whether to |
148 | request that a delinquency petition be filed, take into |
149 | consideration the willingness of the parent or legal guardian to |
150 | comply with such request. The parent or guardian must provide |
151 | the juvenile probation officer with identifying information, |
152 | including the parent's or guardian's name, address, date of |
153 | birth, social security number, and driver's license number or |
154 | identification card number in order to comply with s. 985.2311 |
155 | ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d). |
156 | Section 3. Subsection (6) of section 985.215, Florida |
157 | Statutes, as amended by section 140 of chapter 2003-402, Laws of |
158 | Florida, is amended to read: |
159 | 985.215 Detention.-- |
160 | (6)(a) When any child is placed into secure, nonsecure, or |
161 | home detention care or into other placement for the purpose of |
162 | being supervised by the Department of Juvenile Justice pursuant |
163 | to a court order following a detention hearing, the court shall |
164 | order the parents or guardians of such child to pay to the |
165 | Department of Juvenile Justice fees as provided under s. |
166 | 985.2311 in the amount of $5 per day that the child is under the |
167 | care or supervision of the department in order to partially |
168 | offset the cost of the care, support, maintenance, and other |
169 | usual and ordinary obligations of parents to provide for the |
170 | needs of their children, unless the court makes a finding on the |
171 | record that the parent or guardian of the child is indigent. |
172 | (b) At the time of the detention hearing, the department |
173 | shall report to the court, verbally or in writing, any available |
174 | information concerning the ability of the parent or guardian of |
175 | the child to pay such fee. If the court makes a finding of |
176 | indigence, the parent or guardian shall pay to the department a |
177 | nominal subsistence fee of $2 per day that the child is securely |
178 | detained outside the home or $1 per day if the child is |
179 | otherwise detained in lieu of other fees related to the parent's |
180 | obligation for the child's cost of care. The nominal subsistence |
181 | fee may only be waived or reduced if the court makes a finding |
182 | that such payment would constitute a significant financial |
183 | hardship. Such finding shall be in writing and shall contain a |
184 | detailed description of the facts that led the court to make |
185 | both the finding of indigence and the finding of significant |
186 | financial hardship. |
187 | (c) In addition, the court may reduce the fees or waive |
188 | the fees as to each parent or guardian if the court makes a |
189 | finding on the record that the parent or guardian was the victim |
190 | of the delinquent act or violation of law for which the child is |
191 | detained and that the parent or guardian is cooperating in the |
192 | investigation of the offense. |
193 | (d) The court must include specific findings in the |
194 | detention order as to what fees are ordered, reduced, or waived. |
195 | If the court fails to enter an order as required by this |
196 | subsection, it shall be presumed that the court intended the |
197 | parent or guardian to pay to the department the fee of $5 per |
198 | day that the child remains in detention care. |
199 | (e) With respect to a child who has been found to have |
200 | committed a delinquent act or violation of law, whether or not |
201 | adjudication is withheld, and whose parent or guardian receives |
202 | public assistance for any portion of that child's care, the |
203 | department must seek a federal waiver to garnish or otherwise |
204 | order the payments of the portion of the public assistance |
205 | relating to that child to offset the costs of providing care, |
206 | custody, maintenance, rehabilitation, intervention, or |
207 | corrective services to the child. When the order affects the |
208 | guardianship estate, a certified copy of the order shall be |
209 | delivered to the judge having jurisdiction of the guardianship |
210 | estate. |
211 | (f) The clerk of the circuit court shall act as a |
212 | depository for these fees. Upon each payment received, the clerk |
213 | of the circuit court shall receive a fee from the total payment |
214 | of 3 percent of any payment made except that no fee shall be |
215 | less than $1 nor more than $5 per payment made. This fee shall |
216 | serve as a service charge for the administration, management, |
217 | and maintenance of each payment. At the end of each month, the |
218 | clerk of the circuit court shall send all money collected under |
219 | this section to the state Grants and Donations Trust Fund. |
220 | (g) The parent or guardian shall provide to the department |
221 | the parent's or guardian's name, address, social security |
222 | number, date of birth, and driver's license number or |
223 | identification card number and sufficient financial information |
224 | for the department to be able to determine the parent's or |
225 | guardian's ability to pay. If the parent or guardian refuses to |
226 | provide the department with any identifying information or |
227 | financial information, the court shall order the parent to |
228 | comply and may pursue contempt of court sanctions for failure to |
229 | comply. |
230 | (h) The department may employ a collection agency for the |
231 | purpose of receiving, collecting, and managing the payment of |
232 | unpaid and delinquent fees. The collection agency must be |
233 | registered and in good standing under chapter 559. The |
234 | department may pay to the collection agency a fee from the |
235 | amount collected under the claim or may authorize the agency to |
236 | deduct the fee from the amount collected. The department may |
237 | also pay for collection services from available authorized |
238 | funds. |
239 | (i) The department may enter into agreements with parents |
240 | or guardians to establish a schedule of periodic payments if |
241 | payment of the obligation in full presents an undue hardship. |
242 | Any such agreement may provide for payment of interest |
243 | consistent with prevailing loan rates. |
244 | (j) The Department of Juvenile Justice shall provide to |
245 | the payor documentation of any amounts paid by the payor to the |
246 | Department of Juvenile Justice on behalf of the child. All |
247 | payments received by the department pursuant to this subsection |
248 | shall be deposited in the state Grants and Donations Trust Fund. |
249 | Neither the court nor the department may extend the child's |
250 | length of stay in detention care solely for the purpose of |
251 | collecting fees. |
252 | Section 4. Paragraph (b) of subsection (1) of section |
253 | 985.231, Florida Statutes, as amended by section 141 of chapter |
254 | 2003-402, Laws of Florida, is amended to read: |
255 | 985.231 Powers of disposition in delinquency cases.-- |
256 | (1) |
257 | (b)1. When any child is found adjudicated by the court to |
258 | have committed a delinquent act and is placed on probation, |
259 | regardless of adjudication, under the supervision of or in the |
260 | temporary legal custody of the child has been placed with a |
261 | licensed child-caring agency or the Department of Juvenile |
262 | Justice, the court shall order the parents of such child to pay |
263 | fees to the department as provided under s. 985.2311 in the |
264 | amount of $5 per day that the child is under the care or |
265 | supervision of the department in order to partially offset the |
266 | cost of the care, support, maintenance, and other usual and |
267 | ordinary obligations of parents to provide for the needs of |
268 | their children while in the recommended residential commitment |
269 | level, unless the court makes a finding on the record that the |
270 | parent or guardian of the child is indigent. |
271 | 2. No later than the disposition hearing, the department |
272 | shall provide the court with information concerning the actual |
273 | cost of care, support, and maintenance of the child in the |
274 | recommended residential commitment level and concerning the |
275 | ability of the parent or guardian of the child to pay any fees. |
276 | If the court makes a finding of indigence, the parent or |
277 | guardianship shall pay to the department a nominal subsistence |
278 | fee of $2 per day that the child is committed outside the home |
279 | or $1 per day if the child is otherwise supervised in lieu of |
280 | other fees related to the parents' obligation for the child's |
281 | cost of care. The nominal subsistence fee may only be waived or |
282 | reduced if the court makes a finding that such payment would |
283 | constitute a significant financial hardship. Such finding shall |
284 | be in writing and shall contain a detailed description of the |
285 | facts that led the court to make both the finding of indigence |
286 | and the finding of significant financial hardship. |
287 | 3. In addition, the court may reduce the fees or waive the |
288 | fees as to each parent or guardian if the court makes a finding |
289 | on the record that the parent or guardian was the victim of the |
290 | delinquent act or violation of law for which the child is |
291 | subject to placement under this section and that the parent or |
292 | guardian has cooperated in the investigation and prosecution of |
293 | the offense. |
294 | 4. All orders committing a child to a residential |
295 | commitment program shall include specific findings as to what |
296 | fees are ordered, reduced, or waived. If the court fails to |
297 | enter an order as required by this paragraph, it shall be |
298 | presumed that the court intended the parent or guardian to pay |
299 | fees to the department in an amount of $5 per day related to the |
300 | care, support, and maintenance of the child. With regard to a |
301 | child who reaches the age of 18 prior to the disposition |
302 | hearing, the court may elect to direct an order required by this |
303 | paragraph to such child, rather than the parent or guardian. |
304 | With regard to a child who reaches the age of 18 while in the |
305 | custody of the department, the court may, upon proper motion of |
306 | any party, hold a hearing as to whether any party should be |
307 | further obligated respecting the payment of fees. When the order |
308 | affects the guardianship estate, a certified copy of the order |
309 | shall be delivered to the judge having jurisdiction of the |
310 | guardianship estate. |
311 | 5. The clerk of the circuit court shall act as a |
312 | depository for these fees. Upon each payment received, the clerk |
313 | of the circuit court shall receive a fee from the total payment |
314 | of 3 percent of any payment made except that no fee shall be |
315 | less than $1 nor more than $5 per payment made. This fee shall |
316 | serve as a service charge for the administration, management, |
317 | and maintenance of each payment. At the end of each month, the |
318 | clerk of the circuit court shall send all money collected under |
319 | this section to the state Grants and Donations Trust Fund. |
320 | 6. The parent or guardian shall provide to the department |
321 | the parent or guardian's name, address, social security number, |
322 | state of birth, and driver's license number or identification |
323 | card number and sufficient financial information for the |
324 | department to be able to determine the parent or guardian's |
325 | ability to pay. If the parent or guardian refuses to provide the |
326 | department with any identifying information or financial |
327 | information, the court shall order the parent to comply and may |
328 | pursue contempt of court sanctions for failure to comply. |
329 | 7. The department may employ a collection agency for the |
330 | purpose of receiving, collecting, and managing the payment of |
331 | unpaid and delinquent fees. The collection agency must be |
332 | registered and in good standing under chapter 559. The |
333 | department may pay to the collection agency a fee from the |
334 | amount collected under the claim or may authorize the agency to |
335 | deduct the fee from the amount collected. The department may |
336 | also pay for collection services from available authorized |
337 | funds. |
338 | 8. The department may enter into agreements with parents |
339 | or guardians to establish a schedule of periodic payments if |
340 | payment of the obligation in full presents an undue hardship. |
341 | Any such agreement may provide for payment of interests |
342 | consistent with prevailing loan rates. |
343 | 9. The Department of Juvenile Justice shall provide to the |
344 | payor documentation of any amounts paid by the payor to the |
345 | Department of Juvenile Justice on behalf of the child. All |
346 | payments received by the department pursuant to this subsection |
347 | shall be deposited in the state Grants and Donations Trust Fund. |
348 | 10. Neither the court nor the department may extend the |
349 | child's length of stay in placement care solely for the purpose |
350 | of collecting fees. |
351 | Section 5. Paragraph (d) of subsection (4) of section |
352 | 985.233, Florida Statutes, as amended by section 142 of chapter |
353 | 2003-402, Laws of Florida, is amended to read: |
354 | 985.233 Sentencing powers; procedures; alternatives for |
355 | juveniles prosecuted as adults.-- |
356 | (4) SENTENCING ALTERNATIVES.-- |
357 | (d) Recoupment of cost of care or supervision in juvenile |
358 | justice programs or facilities.-- |
359 | 1. When the court orders any child to be supervised by or |
360 | committed commitment of a child to the Department of Juvenile |
361 | Justice for treatment in any of the department's programs for |
362 | children, the court shall order the parents of such child to pay |
363 | fees as provided under s. 985.2311 in the amount of $5 per day |
364 | that the child is under the care or supervision of the |
365 | department in order to partially offset the cost of the care, |
366 | support, maintenance, and other usual and ordinary obligations |
367 | of parents to provide for the needs of their children, unless |
368 | the court makes a finding on the record that the parent or legal |
369 | guardian of the child is indigent. |
370 | 2. Prior to commitment, the department shall provide the |
371 | court with information concerning the actual cost of care in the |
372 | recommended residential commitment level and concerning the |
373 | ability of the parent or guardian of the child to pay specified |
374 | fees. If the court makes a finding of indigency, the parent or |
375 | guardian shall pay to the department a nominal subsistence fee |
376 | of $2 per day that the child is committed outside the home or $1 |
377 | per day if the child is otherwise supervised in lieu of other |
378 | fees related to the parent's obligation for the child's cost of |
379 | care. The nominal subsistence fee may only be waived or reduced |
380 | if the court makes a finding that such payment would constitute |
381 | a significant financial hardship. Such finding shall be in |
382 | writing and shall contain a detailed description of the facts |
383 | that led the court to make both the finding of indigency and the |
384 | finding of significant financial hardship. |
385 | 3. In addition, the court may reduce the fees or waive the |
386 | fees as to each parent or guardian if the court makes a finding |
387 | on the record that the parent or guardian was the victim of the |
388 | delinquent act or violation of law for which the child is |
389 | subject to commitment under this section and that the parent or |
390 | guardian has cooperated in the investigation and prosecution of |
391 | the offense. When the order affects the guardianship estate, a |
392 | certified copy of the order shall be delivered to the judge |
393 | having jurisdiction of the guardianship estate. |
394 | 4. All orders committing a child to a residential |
395 | commitment program shall include specific findings as to what |
396 | fees are ordered, reduced, or waived. If the court fails to |
397 | enter an order as required by this paragraph, it shall be |
398 | presumed that the court intended the parent or guardian to pay |
399 | fees to the department in an amount of $5 per day related to the |
400 | care, support, and maintenance of the child. With regard to a |
401 | child who reaches the age of 18 prior to the disposition |
402 | hearing, the court may elect to direct an order required by this |
403 | paragraph to such child, rather than the parent or guardian. |
404 | With regard to a child who reaches the age of 18 while in the |
405 | custody of the department, the court may, upon proper motion of |
406 | any party, hold a hearing as to whether any party should be |
407 | further obligated respecting the payment of fees. |
408 | 5. The clerk of the circuit court shall act as a |
409 | depository for these fees. Upon each payment received, the clerk |
410 | of the circuit court shall receive a fee from the total payment |
411 | of 3 percent of any payment made except that no fee shall be |
412 | less than $1 nor more than $5 per payment made. This fee shall |
413 | serve as a service charge for the administration, management, |
414 | and maintenance of each payment. At the end of each month, the |
415 | clerk of the circuit court shall send all money collected under |
416 | this section to the state Grants and Donations Trust Fund. |
417 | 6. The parent or guardian shall provide to the department |
418 | the parent or guardian's name, address, social security number, |
419 | date of birth, and driver's license number or identification |
420 | card number and sufficient financial information for the |
421 | department to be able to determine the parent or guardian's |
422 | ability to pay. If the parent or guardian refuses to provide the |
423 | department with any identifying information or financial |
424 | information, the court shall order the parent to comply and may |
425 | pursue contempt of court sanctions for failure to comply. |
426 | 7. The department may employ a collection agency for the |
427 | purpose of receiving, collecting, and managing the payment of |
428 | unpaid and delinquent fees. The collection agency must be |
429 | registered and in good standing under chapter 559. The |
430 | department may pay to the collection agency a fee from the |
431 | amount collected under the claim or may authorize the agency to |
432 | deduct the fee from the amount collected. The department may |
433 | also pay for collection services from available authorized |
434 | funds. The Department of Juvenile Justice shall provide to the |
435 | payor documentation of any amounts paid by the payor to the |
436 | Department of Juvenile Justice on behalf of the child. All |
437 | payments received by the department pursuant to this subsection |
438 | shall be deposited in the state Grants and Donations Trust Fund. |
439 | 8. Neither the court nor the department may extend the |
440 | child's length of stay in commitment care solely for the purpose |
441 | of collecting fees. |
442 |
|
443 | It is the intent of the Legislature that the criteria and |
444 | guidelines in this subsection are mandatory and that a |
445 | determination of disposition under this subsection is subject to |
446 | the right of the child to appellate review under s. 985.234. |
447 | Section 6. Notwithstanding any contrary provision of s. |
448 | 985.2311, Florida Statutes, for the period beginning July 1, |
449 | 2004 through June 30, 2005, the court shall reduce the fees |
450 | required under that section for parents or guardians of children |
451 | whose cases come before the juvenile court in the Ninth Judicial |
452 | Circuit who successfully complete a voluntary parenting course |
453 | approved by the Department of Juvenile Justice. The amount of |
454 | the reduction shall be equivalent to 20 percent of the |
455 | obligation owed by the parent or guardian for such fees; |
456 | however, the total value of the reduction shall not exceed $450. |
457 | The parent or guardian shall be responsible for any balance of |
458 | fees associated with the cost of the child's supervision or care |
459 | that remains after the application of the reduction authorized |
460 | under this section. Any reduction in the amount of the |
461 | obligation owed by the parent or guardian pursuant to an order |
462 | of the court shall be contingent upon the agreement of the |
463 | parent or guardian to stay current in his or her obligation for |
464 | the remaining fees owed and to successfully complete the |
465 | parenting course and present the department with notarized |
466 | documentation of such completion. The court shall proceed under |
467 | its contempt authority against any parent or guardian who, after |
468 | having agreed to such conditions, fails to stay current in his |
469 | or her obligation for the remaining balance of fees or who fails |
470 | to successfully complete the parenting course. Upon a finding of |
471 | contempt, the court shall require the parent or guardian to pay |
472 | the full amount of the fees as provided under s. 985.2311, |
473 | Florida Statutes. A parent or guardian may only have fees |
474 | reduced under this section once. This section shall expire June |
475 | 30, 2005. |
476 | Section 7. This act shall take effect July 1, 2004. |
477 |
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478 |
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479 | ================= T I T L E A M E N D M E N T ================= |
480 | Remove the entire title and insert: |
481 | A bill to be entitled |
482 | An act relating to the costs of supervision and care for |
483 | juvenile offenders; clarifying the authority of the court |
484 | to assess fees to parents for the costs associated with |
485 | the supervision or care of a child by the Department of |
486 | Juvenile Justice; creating s. 985.2311, F.S.; requiring |
487 | the court to order the parent of a child placed in home |
488 | detention, probation, or other supervision status or |
489 | placed into secure detention or on committed status with |
490 | the department to pay a daily fee for the cost of such |
491 | child's supervision or care; specifying the amount of the |
492 | fee associated with the cost of supervision; specifying |
493 | the amount of the fee associated with the cost of care; |
494 | requiring the parent of such child to provide specified |
495 | identifying information and information pertaining to the |
496 | parent's ability to pay such fees; providing for |
497 | enforcement of such requirement through contempt |
498 | proceedings; authorizing the court to apportion the |
499 | payment obligation; requiring the court to waive or reduce |
500 | such fees upon a finding of indigency or significant |
501 | financial hardship; requiring such finding to be supported |
502 | by facts and detailed in writing; authorizing the court to |
503 | reduce or waive such fees as to any parent who was a |
504 | victim of the child's delinquent act in certain |
505 | circumstances; requiring the court to make written |
506 | findings as to what fees are ordered, reduced, or waived; |
507 | providing a presumption in the absence of such order; |
508 | authorizing the court to order a child to pay such fees in |
509 | certain circumstances; requiring the department to seek a |
510 | federal waiver to garnish public assistance benefits in |
511 | certain circumstances; providing procedures if an order |
512 | for payment of such fees affects the guardianship of an |
513 | estate; authorizing the department to employ certain |
514 | agencies in the collection of delinquent or unpaid fees; |
515 | providing for payment for the services of such collection |
516 | agency; requiring that certain documentation be provided |
517 | relating to the payment of such fees; providing for all |
518 | moneys collected by the department or collection agency in |
519 | connection with such fees to be transferred to the Grants |
520 | and Donations Trust Fund; prohibiting the court or the |
521 | department from extending a child's length of supervision |
522 | or care solely for the purpose of collecting such fees; |
523 | providing a limitation of the responsibility of a parent |
524 | or child for such fees; providing for a refund in certain |
525 | circumstances; defining the term "parent"; amending s. |
526 | 985.21, F.S.; revising cross references, to conform; |
527 | amending s. 985.215, F.S.; requiring the court to order a |
528 | parent to pay fees associated with the cost of the |
529 | supervision or care of any child placed on detention |
530 | status with the department; providing a cross reference; |
531 | deleting provisions relating to the assessment and |
532 | collection of fees associated with the cost of such care |
533 | to conform; amending s. 985.231, F.S.; requiring the court |
534 | to order a parent to pay fees associated with the cost of |
535 | the supervision or care of any child found to have |
536 | committed a delinquent act, regardless of adjudication, |
537 | and placed under the supervision or in the temporary |
538 | custody of the department; providing a cross reference; |
539 | deleting provisions relating to the assessment and |
540 | collection of fees associated with the cost of such |
541 | supervision or care to conform; amending s. 985.233, F.S.; |
542 | providing for the recoupment of the cost of supervision or |
543 | care in juvenile justice programs or facilities; requiring |
544 | the court to order a parent to pay fees associated with |
545 | the cost of the supervision or care of any child |
546 | supervised by or committed to the department; providing a |
547 | cross reference; deleting provisions relating to the |
548 | assessment and collection of fees associated with the cost |
549 | of such supervision or care to conform; requiring the |
550 | court to reduce the fees owed by parents or guardians for |
551 | the cost of a child's care or supervision by the |
552 | department in certain circumstances where the parent or |
553 | guardian successfully completes a parenting course; |
554 | providing a limit on the amount that such fees may be |
555 | reduced; providing for the future repeal of the |
556 | requirement; providing an effective date. |