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