Amendment
Bill No. 1851
Amendment No. 296291
CHAMBER ACTION
Senate House
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1Representative Bilirakis offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 985.2311, Florida Statutes, is created
6to 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,
11probation, or other supervision status with the Department of
12Juvenile Justice, the court shall order the parent of such child
13to pay to the department a fee for the cost of the supervision
14of such child in the amount of $1 per day for each day that the
15child is in supervision status.
16     (b)  When any child is placed into secure detention or
17placed on committed status and the temporary legal custody of
18such child is placed with the Department of Juvenile Justice,
19the court shall order the parent of such child to pay to the
20department a fee for the cost of the care of such child in the
21amount of $5 per day for each day that the child is in the
22temporary legal custody of the department.
23     (2)  The parent of any child who has been placed under the
24supervision or care of the department shall provide to the
25department his or her name, address, social security number,
26date of birth, driver's license number or identification card
27number, and sufficient financial information so as to assist the
28court in determining the parent's ability to pay any fee
29associated with the cost of the child's supervision or care. If
30the parent refuses to provide the department with the
31information required by this subsection, the court shall order
32the parent to provide such information. The failure of the
33parent to comply with such order of the court constitutes
34contempt of court, and the court may punish the parent
35accordingly.
36     (3)  At the time of any detention or disposition hearing,
37the court shall receive the information described in subsection
38(2), as well as any other verbal or written information offered
39as to the ability of the parent of a child who is being placed
40under the supervision or care of the department to pay any fee
41imposed pursuant to this section and whether the payment of such
42fee will create a significant financial hardship. The court may
43apportion the obligation for the fee to each parent in a manner
44it deems appropriate; however, the total amount of the daily fee
45may not exceed the amounts specified in this section. Any
46finding made by the court as to the ability of the parent to pay
47such fee, including any finding of indigency or significant
48financial hardship, shall be in writing and shall contain a
49detailed description of the facts supporting such finding. If
50the court makes a finding of indigency and significant financial
51hardship, the court shall waive the fee or reduce it to an
52amount deemed appropriate.
53     (4)  Notwithstanding subsection (3), the court may reduce
54or waive the fee as to each parent if the court makes a finding
55on the record that the parent was the victim of the delinquent
56act or violation of law for which the child has been placed
57under the supervision or care of the department and that the
58parent or guardian is cooperating or has cooperated with the
59investigation of the offense.
60     (5)  The court shall order the payment of any fees required
61in this section as part of the detention or disposition order.
62Such order must include specific written findings as to what
63fees are ordered, reduced, or waived. If the court fails to
64enter an order as required by this section, the parent is deemed
65to have an obligation to pay to the department a fee in the
66amount of $1 per day for each day that the child is under the
67supervision of the department and $5 per day for each day that
68the child remains in the care of the department.
69     (6)  Notwithstanding subsection (1), with respect to a
70child who reaches the age of 18 prior to the detention or
71disposition hearing, the court may elect to direct an order
72required by this section to such child, rather than to the
73child's parent. With regard to a child who reaches 18 while
74under the supervision or care of the department, the court may,
75upon proper motion of any party, hold a hearing as to whether
76any party should be further obligated to pay any fee associated
77with cost of the supervision or care of such child. If the court
78does not enter an order under this subsection, it shall be
79presumed that the court intended for the parent to pay or to
80continue to pay the fees specified in this section. Any order
81entered pursuant to this subsection must include specific
82findings as to what fees are ordered, reduced, or waived as to
83the child.
84     (7)  With respect to a child who has been placed under the
85supervision or care of the department and whose parent receives
86public assistance for any portion of such child's care, the
87department must seek a federal waiver to garnish or otherwise
88order the payment of a portion of the public assistance relating
89to such child to offset the costs to the department associated
90with providing supervision or care of such child.
91     (8)  If any order entered pursuant to this section affects
92the guardianship of an estate, a certified copy of such order
93shall be delivered to the judge having jurisdiction over the
94guardianship of the estate.
95     (9)  The department may employ a collection agency for the
96purpose of receiving, collecting, and managing the payment of
97any fees ordered pursuant to this section that have gone
98delinquent or unpaid. The collection agency must be registered
99and in good standing under chapter 559. The department may pay
100for the services of the collection agency from available
101authorized funds or from funds generated by any collections
102under this subsection. Alternatively, the department may
103authorize the collection agency to withhold a specified amount
104of any fee collected as payment for its services.
105     (10)  The department or the collection agency shall provide
106to the payor documentation of the payment of any fee paid
107pursuant to this section. Except as provided in subsection (9),
108all payments received by the department or the collection agency
109pursuant to this section shall be deposited in the state Grants
110and Donations Trust Fund.
111     (11)  Under no circumstance shall the court or the
112department extend the child's length of stay in the department's
113supervision or care solely for the purpose of collecting the
114fees specified in this section.
115     (12)  No parent or child shall be liable for any fee
116provided in this section unless:
117     (a)  The child is adjudicated delinquent, or has
118adjudication of delinquency withheld, for the offense that gave
119rise to the supervision or care; or
120     (b)  The child is found to have violated an order of the
121court, including any order of supervision or care, and the costs
122are associated with the violation of such order.
123
124If any funds are paid for the supervision or care of a child who
125is determined not to meet the criteria specified in paragraph
126(a) or paragraph (b), such funds shall be refunded to the payor
127forthwith.
128     (13)  For purposes of this section, "parent" means any
129person who meets the definition of "parent" or "legal custody or
130guardian" in s. 985.03.
131     Section 2.  Subsection (5) of section 985.21, Florida
132Statutes, is amended to read:
133     985.21  Intake and case management.--
134     (5)  Prior to requesting that a delinquency petition be
135filed or prior to filing a dependency petition, the juvenile
136probation officer may request the parent or legal guardian of
137the child to attend a course of instruction in parenting skills,
138training in conflict resolution, and the practice of
139nonviolence; to accept counseling; or to receive other
140assistance from any agency in the community which notifies the
141clerk of the court of the availability of its services. Where
142appropriate, the juvenile probation officer shall request both
143parents or guardians to receive such parental assistance. The
144juvenile probation officer may, in determining whether to
145request that a delinquency petition be filed, take into
146consideration the willingness of the parent or legal guardian to
147comply with such request. The parent or guardian must provide
148the juvenile probation officer with identifying information,
149including the parent's or guardian's name, address, date of
150birth, social security number, and driver's license number or
151identification card number in order to comply with s. 985.2311
152ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d).
153     Section 3.  Subsection (6) of section 985.215, Florida
154Statutes, as amended by section 140 of chapter 2003-402, Laws of
155Florida, is amended to read:
156     985.215  Detention.--
157     (6)(a)  When any child is placed into secure, nonsecure, or
158home detention care or into other placement for the purpose of
159being supervised by the Department of Juvenile Justice pursuant
160to a court order following a detention hearing, the court shall
161order the parents or guardians of such child to pay to the
162Department of Juvenile Justice fees as provided under s.
163985.2311 in the amount of $5 per day that the child is under the
164care or supervision of the department in order to partially
165offset the cost of the care, support, maintenance, and other
166usual and ordinary obligations of parents to provide for the
167needs of their children, unless the court makes a finding on the
168record that the parent or guardian of the child is indigent.
169     (b)  At the time of the detention hearing, the department
170shall report to the court, verbally or in writing, any available
171information concerning the ability of the parent or guardian of
172the child to pay such fee. If the court makes a finding of
173indigence, the parent or guardian shall pay to the department a
174nominal subsistence fee of $2 per day that the child is securely
175detained outside the home or $1 per day if the child is
176otherwise detained in lieu of other fees related to the parent's
177obligation for the child's cost of care. The nominal subsistence
178fee may only be waived or reduced if the court makes a finding
179that such payment would constitute a significant financial
180hardship. Such finding shall be in writing and shall contain a
181detailed description of the facts that led the court to make
182both the finding of indigence and the finding of significant
183financial hardship.
184     (c)  In addition, the court may reduce the fees or waive
185the fees as to each parent or guardian if the court makes a
186finding on the record that the parent or guardian was the victim
187of the delinquent act or violation of law for which the child is
188detained and that the parent or guardian is cooperating in the
189investigation of the offense.
190     (d)  The court must include specific findings in the
191detention order as to what fees are ordered, reduced, or waived.
192If the court fails to enter an order as required by this
193subsection, it shall be presumed that the court intended the
194parent or guardian to pay to the department the fee of $5 per
195day that the child remains in detention care.
196     (e)  With respect to a child who has been found to have
197committed a delinquent act or violation of law, whether or not
198adjudication is withheld, and whose parent or guardian receives
199public assistance for any portion of that child's care, the
200department must seek a federal waiver to garnish or otherwise
201order the payments of the portion of the public assistance
202relating to that child to offset the costs of providing care,
203custody, maintenance, rehabilitation, intervention, or
204corrective services to the child. When the order affects the
205guardianship estate, a certified copy of the order shall be
206delivered to the judge having jurisdiction of the guardianship
207estate.
208     (f)  The clerk of the circuit court shall act as a
209depository for these fees. Upon each payment received, the clerk
210of the circuit court shall receive a fee from the total payment
211of 3 percent of any payment made except that no fee shall be
212less than $1 nor more than $5 per payment made. This fee shall
213serve as a service charge for the administration, management,
214and maintenance of each payment. At the end of each month, the
215clerk of the circuit court shall send all money collected under
216this section to the state Grants and Donations Trust Fund.
217     (g)  The parent or guardian shall provide to the department
218the parent's or guardian's name, address, social security
219number, date of birth, and driver's license number or
220identification card number and sufficient financial information
221for the department to be able to determine the parent's or
222guardian's ability to pay. If the parent or guardian refuses to
223provide the department with any identifying information or
224financial information, the court shall order the parent to
225comply and may pursue contempt of court sanctions for failure to
226comply.
227     (h)  The department may employ a collection agency for the
228purpose of receiving, collecting, and managing the payment of
229unpaid and delinquent fees. The collection agency must be
230registered and in good standing under chapter 559. The
231department may pay to the collection agency a fee from the
232amount collected under the claim or may authorize the agency to
233deduct the fee from the amount collected. The department may
234also pay for collection services from available authorized
235funds.
236     (i)  The department may enter into agreements with parents
237or guardians to establish a schedule of periodic payments if
238payment of the obligation in full presents an undue hardship.
239Any such agreement may provide for payment of interest
240consistent with prevailing loan rates.
241     (j)  The Department of Juvenile Justice shall provide to
242the payor documentation of any amounts paid by the payor to the
243Department of Juvenile Justice on behalf of the child. All
244payments received by the department pursuant to this subsection
245shall be deposited in the state Grants and Donations Trust Fund.
246Neither the court nor the department may extend the child's
247length of stay in detention care solely for the purpose of
248collecting fees.
249     Section 4.  Paragraph (b) of subsection (1) of section
250985.231, Florida Statutes, as amended by section 141 of chapter
2512003-402, 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
255have committed a delinquent act and is placed on probation,
256regardless of adjudication, under the supervision of or in the
257temporary legal custody of the child has been placed with a
258licensed child-caring agency or the Department of Juvenile
259Justice, the court shall order the parents of such child to pay
260fees to the department as provided under s. 985.2311 in the
261amount of $5 per day that the child is under the care or
262supervision of the department in order to partially offset the
263cost of the care, support, maintenance, and other usual and
264ordinary obligations of parents to provide for the needs of
265their children while in the recommended residential commitment
266level, unless the court makes a finding on the record that the
267parent or guardian of the child is indigent.
268     2.  No later than the disposition hearing, the department
269shall provide the court with information concerning the actual
270cost of care, support, and maintenance of the child in the
271recommended residential commitment level and concerning the
272ability of the parent or guardian of the child to pay any fees.
273If the court makes a finding of indigence, the parent or
274guardianship shall pay to the department a nominal subsistence
275fee of $2 per day that the child is committed outside the home
276or $1 per day if the child is otherwise supervised in lieu of
277other fees related to the parents' obligation for the child's
278cost of care. The nominal subsistence fee may only be waived or
279reduced if the court makes a finding that such payment would
280constitute a significant financial hardship. Such finding shall
281be in writing and shall contain a detailed description of the
282facts that led the court to make both the finding of indigence
283and the finding of significant financial hardship.
284     3.  In addition, the court may reduce the fees or waive the
285fees as to each parent or guardian if the court makes a finding
286on the record that the parent or guardian was the victim of the
287delinquent act or violation of law for which the child is
288subject to placement under this section and that the parent or
289guardian has cooperated in the investigation and prosecution of
290the offense.
291     4.  All orders committing a child to a residential
292commitment program shall include specific findings as to what
293fees are ordered, reduced, or waived. If the court fails to
294enter an order as required by this paragraph, it shall be
295presumed that the court intended the parent or guardian to pay
296fees to the department in an amount of $5 per day related to the
297care, support, and maintenance of the child. With regard to a
298child who reaches the age of 18 prior to the disposition
299hearing, the court may elect to direct an order required by this
300paragraph to such child, rather than the parent or guardian.
301With regard to a child who reaches the age of 18 while in the
302custody of the department, the court may, upon proper motion of
303any party, hold a hearing as to whether any party should be
304further obligated respecting the payment of fees. When the order
305affects the guardianship estate, a certified copy of the order
306shall be delivered to the judge having jurisdiction of the
307guardianship estate.
308     5.  The clerk of the circuit court shall act as a
309depository for these fees. Upon each payment received, the clerk
310of the circuit court shall receive a fee from the total payment
311of 3 percent of any payment made except that no fee shall be
312less than $1 nor more than $5 per payment made. This fee shall
313serve as a service charge for the administration, management,
314and maintenance of each payment. At the end of each month, the
315clerk of the circuit court shall send all money collected under
316this section to the state Grants and Donations Trust Fund.
317     6.  The parent or guardian shall provide to the department
318the parent or guardian's name, address, social security number,
319state of birth, and driver's license number or identification
320card number and sufficient financial information for the
321department to be able to determine the parent or guardian's
322ability to pay. If the parent or guardian refuses to provide the
323department with any identifying information or financial
324information, the court shall order the parent to comply and may
325pursue contempt of court sanctions for failure to comply.
326     7.  The department may employ a collection agency for the
327purpose of receiving, collecting, and managing the payment of
328unpaid and delinquent fees. The collection agency must be
329registered and in good standing under chapter 559. The
330department may pay to the collection agency a fee from the
331amount collected under the claim or may authorize the agency to
332deduct the fee from the amount collected. The department may
333also pay for collection services from available authorized
334funds.
335     8.  The department may enter into agreements with parents
336or guardians to establish a schedule of periodic payments if
337payment of the obligation in full presents an undue hardship.
338Any such agreement may provide for payment of interests
339consistent with prevailing loan rates.
340     9.  The Department of Juvenile Justice shall provide to the
341payor documentation of any amounts paid by the payor to the
342Department of Juvenile Justice on behalf of the child. All
343payments received by the department pursuant to this subsection
344shall be deposited in the state Grants and Donations Trust Fund.
345     10.  Neither the court nor the department may extend the
346child's length of stay in placement care solely for the purpose
347of collecting fees.
348     Section 5.  Paragraph (d) of subsection (4) of section
349985.233, Florida Statutes, as amended by section 142 of chapter
3502003-402, Laws of Florida, is amended to read:
351     985.233  Sentencing powers; procedures; alternatives for
352juveniles prosecuted as adults.--
353     (4)  SENTENCING ALTERNATIVES.--
354     (d)  Recoupment of cost of care or supervision in juvenile
355justice programs or facilities.--
356     1.  When the court orders any child to be supervised by or
357committed commitment of a child to the Department of Juvenile
358Justice for treatment in any of the department's programs for
359children, the court shall order the parents of such child to pay
360fees as provided under s. 985.2311 in the amount of $5 per day
361that the child is under the care or supervision of the
362department in order to partially offset the cost of the care,
363support, maintenance, and other usual and ordinary obligations
364of parents to provide for the needs of their children, unless
365the court makes a finding on the record that the parent or legal
366guardian of the child is indigent.
367     2.  Prior to commitment, the department shall provide the
368court with information concerning the actual cost of care in the
369recommended residential commitment level and concerning the
370ability of the parent or guardian of the child to pay specified
371fees. If the court makes a finding of indigency, the parent or
372guardian shall pay to the department a nominal subsistence fee
373of $2 per day that the child is committed outside the home or $1
374per day if the child is otherwise supervised in lieu of other
375fees related to the parent's obligation for the child's cost of
376care. The nominal subsistence fee may only be waived or reduced
377if the court makes a finding that such payment would constitute
378a significant financial hardship. Such finding shall be in
379writing and shall contain a detailed description of the facts
380that led the court to make both the finding of indigency and the
381finding of significant financial hardship.
382     3.  In addition, the court may reduce the fees or waive the
383fees as to each parent or guardian if the court makes a finding
384on the record that the parent or guardian was the victim of the
385delinquent act or violation of law for which the child is
386subject to commitment under this section and that the parent or
387guardian has cooperated in the investigation and prosecution of
388the offense. When the order affects the guardianship estate, a
389certified copy of the order shall be delivered to the judge
390having jurisdiction of the guardianship estate.
391     4.  All orders committing a child to a residential
392commitment program shall include specific findings as to what
393fees are ordered, reduced, or waived. If the court fails to
394enter an order as required by this paragraph, it shall be
395presumed that the court intended the parent or guardian to pay
396fees to the department in an amount of $5 per day related to the
397care, support, and maintenance of the child. With regard to a
398child who reaches the age of 18 prior to the disposition
399hearing, the court may elect to direct an order required by this
400paragraph to such child, rather than the parent or guardian.
401With regard to a child who reaches the age of 18 while in the
402custody of the department, the court may, upon proper motion of
403any party, hold a hearing as to whether any party should be
404further obligated respecting the payment of fees.
405     5.  The clerk of the circuit court shall act as a
406depository for these fees. Upon each payment received, the clerk
407of the circuit court shall receive a fee from the total payment
408of 3 percent of any payment made except that no fee shall be
409less than $1 nor more than $5 per payment made. This fee shall
410serve as a service charge for the administration, management,
411and maintenance of each payment. At the end of each month, the
412clerk of the circuit court shall send all money collected under
413this section to the state Grants and Donations Trust Fund.
414     6.  The parent or guardian shall provide to the department
415the parent or guardian's name, address, social security number,
416date of birth, and driver's license number or identification
417card number and sufficient financial information for the
418department to be able to determine the parent or guardian's
419ability to pay. If the parent or guardian refuses to provide the
420department with any identifying information or financial
421information, the court shall order the parent to comply and may
422pursue contempt of court sanctions for failure to comply.
423     7.  The department may employ a collection agency for the
424purpose of receiving, collecting, and managing the payment of
425unpaid and delinquent fees. The collection agency must be
426registered and in good standing under chapter 559. The
427department may pay to the collection agency a fee from the
428amount collected under the claim or may authorize the agency to
429deduct the fee from the amount collected. The department may
430also pay for collection services from available authorized
431funds. The Department of Juvenile Justice shall provide to the
432payor documentation of any amounts paid by the payor to the
433Department of Juvenile Justice on behalf of the child. All
434payments received by the department pursuant to this subsection
435shall be deposited in the state Grants and Donations Trust Fund.
436     8.  Neither the court nor the department may extend the
437child's length of stay in commitment care solely for the purpose
438of collecting fees.
439
440It is the intent of the Legislature that the criteria and
441guidelines in this subsection are mandatory and that a
442determination of disposition under this subsection is subject to
443the right of the child to appellate review under s. 985.234.
444     Section 6.  Notwithstanding any contrary provision of s.
445985.2311, Florida Statutes, for the period beginning July 1,
4462004 through June 30, 2005, the court shall reduce the fees
447required under that section for parents or guardians who
448successfully complete a voluntary parenting course approved by
449the Department of Juvenile Justice. The amount of the reduction
450shall be equivalent to the amount that the parent or guardian
451paid for the course or $100, whichever is the lesser amount. The
452parent or guardian shall be responsible for any balance of fees
453associated with the cost of the child's supervision or care that
454remains after the application of the reduction authorized under
455this section. Any such reduction shall only become effective
456upon receipt by the court of notarized documentation from the
457provider of the parenting course as to the amount spent by the
458parent or guardian in connection with his or her successful
459completion of the course. A parent or guardian may only have
460fees reduced under this section once. This section shall expire
461June 30, 2005.
462     Section 7.  This act shall take effect July 1, 2004.
463
464
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
468An act relating to the costs of supervision and care for
469juvenile offenders; clarifying the authority of the court
470to assess fees to parents for the costs associated with
471the supervision or care of a child by the Department of
472Juvenile Justice; creating s. 985.2311, F.S.; requiring
473the court to order the parent of a child placed in home
474detention, probation, or other supervision status or
475placed into secure detention or on committed status with
476the department to pay a daily fee for the cost of such
477child's supervision or care; specifying the amount of the
478fee associated with the cost of supervision; specifying
479the amount of the fee associated with the cost of care;
480requiring the parent of such child to provide specified
481identifying information and information pertaining to the
482parent's ability to pay such fees; providing for
483enforcement of such requirement through contempt
484proceedings; authorizing the court to apportion the
485payment obligation; requiring the court to waive or reduce
486such fees upon a finding of indigency or significant
487financial hardship; requiring such finding to be supported
488by facts and detailed in writing; authorizing the court to
489reduce or waive such fees as to any parent who was a
490victim of the child's delinquent act in certain
491circumstances; requiring the court to make written
492findings as to what fees are ordered, reduced, or waived;
493providing a presumption in the absence of such order;
494authorizing the court to order a child to pay such fees in
495certain circumstances; requiring the department to seek a
496federal waiver to garnish public assistance benefits in
497certain circumstances; providing procedures if an order
498for payment of such fees affects the guardianship of an
499estate; authorizing the department to employ certain
500agencies in the collection of delinquent or unpaid fees;
501providing for payment for the services of such collection
502agency; requiring that certain documentation be provided
503relating to the payment of such fees; providing for all
504moneys collected by the department or collection agency in
505connection with such fees to be transferred to the Grants
506and Donations Trust Fund; prohibiting the court or the
507department from extending a child's length of supervision
508or care solely for the purpose of collecting such fees;
509providing a limitation of the responsibility of a parent
510or child for such fees; providing for a refund in certain
511circumstances; defining the term "parent"; amending s.
512985.21, F.S.; revising cross references, to conform;
513amending s. 985.215, F.S.; requiring the court to order a
514parent to pay fees associated with the cost of the
515supervision or care of any child placed on detention
516status with the department; providing a cross reference;
517deleting provisions relating to the assessment and
518collection of fees associated with the cost of such care
519to conform; amending s. 985.231, F.S.; requiring the court
520to order a parent to pay fees associated with the cost of
521the supervision or care of any child found to have
522committed a delinquent act, regardless of adjudication,
523and placed under the supervision or in the temporary
524custody of the department; providing a cross reference;
525deleting provisions relating to the assessment and
526collection of fees associated with the cost of such
527supervision or care to conform; amending s. 985.233, F.S.;
528providing for the recoupment of the cost of supervision or
529care in juvenile justice programs or facilities; requiring
530the court to order a parent to pay fees associated with
531the cost of the supervision or care of any child
532supervised by or committed to the department; providing a
533cross reference; deleting provisions relating to the
534assessment and collection of fees associated with the cost
535of such supervision or care to conform; requiring the
536court to reduce the fees owed by parents or guardians for
537the cost of a child's care or supervision by the
538department in certain circumstances where the parent or
539guardian successfully completes a parenting course;
540providing a limit on the amount that such fees may be
541reduced; providing for the future repeal of the
542requirement; providing an effective date.
543


CODING: Words stricken are deletions; words underlined are additions.