HB 1851

1	A bill to be entitled
2	An act relating to the costs of supervision and care for
3	juvenile offenders; clarifying the authority of the court
4	to assess fees to parents for the costs associated with
5	the supervision or care of a child by the Department of
6	Juvenile Justice; creating s. 985.2311, F.S.; requiring
7	the court to order the parent of a child placed in home
8	detention, probation, or other supervision status or
9	placed into secure detention or on committed status with
10	the department to pay a daily fee for the cost of such
11	child's supervision or care; specifying the amount of the
12	fee associated with the cost of supervision; specifying
13	the amount of the fee associated with the cost of care;
14	requiring the parent of such child to provide specified
15	identifying information and information pertaining to the
16	parent's ability to pay such fees; providing for
17	enforcement of such requirement through contempt
18	proceedings; authorizing the court to apportion the
19	payment obligation; requiring the court to waive or reduce
20	such fees upon a finding of indigency or significant
21	financial hardship; requiring such finding to be supported
22	by facts and detailed in writing; authorizing the court to
23	reduce or waive such fees as to any parent who was a
24	victim of the child's delinquent act in certain
25	circumstances; requiring the court to make written
26	findings as to what fees are ordered, reduced, or waived;
27	providing a presumption in the absence of such order;
28	authorizing the court to order a child to pay such fees in
29	certain circumstances; requiring the department to seek a
30	federal waiver to garnish public assistance benefits in
31	certain circumstances; providing procedures if an order
32	for payment of such fees affects the guardianship of an
33	estate; authorizing the department to employ certain
34	agencies in the collection of delinquent or unpaid fees;
35	providing for payment for the services of such collection
36	agency; requiring that certain documentation be provided
37	relating to the payment of such fees; providing for all
38	moneys collected by the department or collection agency in
39	connection with such fees to be transferred to the Grants
40	and Donations Trust Fund; prohibiting the court or the
41	department from extending a child's length of supervision
42	or care solely for the purpose of collecting such fees;
43	providing a limitation of the responsibility of a parent
44	or child for such fees; providing for a refund in certain
45	circumstances; defining the term "parent"; creating s.
46	985.2313, F.S.; providing for suspension of driving
47	privileges, license, or motor vehicle registration in
48	certain circumstances; providing for the department to
49	provide the parent with notice of delinquency prior to
50	pursuing such action; authorizing the Department of
51	Juvenile Justice to notify the Department of Highway
52	Safety and Motor Vehicles of a parent's failure to pay
53	fees associated with the cost of a child's supervision or
54	care by the Department of Juvenile Justice in certain
55	circumstances; providing procedures allowing the parent to
56	avoid or contest such suspension; specifying the manner of
57	notice; amending s. 322.058, F.S.; authorizing the
58	Department of Highway Safety and Motor Vehicles to suspend
59	the driving privileges or motor vehicle registration of a
60	parent who is delinquent in paying fees associated with
61	the cost of supervision or care of a child upon receiving
62	proper notice of such delinquency from the Department of
63	Juvenile Justice; providing for reinstatement following
64	such action; amending s. 985.21, F.S.; revising cross
65	references, to conform; amending s. 985.215, F.S.;
66	requiring the court to order a parent to pay fees
67	associated with the cost of the supervision or care of any
68	child placed on detention status with the department;
69	providing a cross reference; deleting provisions relating
70	to the assessment and collection of fees associated with
71	the cost of such care to conform; amending s. 985.231,
72	F.S.; requiring the court to order a parent to pay fees
73	associated with the cost of the supervision or care of any
74	child found to have committed a delinquent act, regardless
75	of adjudication, and placed under the supervision or in
76	the temporary custody of the department; providing a cross
77	reference; deleting provisions relating to the assessment
78	and collection of fees associated with the cost of such
79	supervision or care to conform; amending s. 985.233, F.S.;
80	providing for the recoupment of the cost of supervision or
81	care in juvenile justice programs or facilities; requiring
82	the court to order a parent to pay fees associated with
83	the cost of the supervision or care of any child
84	supervised by or committed to the department; providing a
85	cross reference; deleting provisions relating to the
86	assessment and collection of fees associated with the cost
87	of such supervision or care to conform; reenacting s.
88	322.059, F.S., relating to the mandatory surrender of
89	suspended driver's license and registration, for the
90	purpose of incorporating the amendment to s. 322.058,
91	F.S., in a reference thereto; providing an effective date.
92
93	Be It Enacted by the Legislature of the State of Florida:
94
95	Section 1.  Section 985.2311, Florida Statutes, is created
96	to read:
97	985.2311  Cost of supervision; cost of care.--
98	(1)  Except as provided in subsection (3) or subsection
99	(4):
100	(a)  When any child is placed into home detention,
101	probation, or other supervision status with the Department of
102	Juvenile Justice, the court shall order the parent of such child
103	to pay to the department a fee for the cost of the supervision
104	of such child in the amount of $1 per day for each day that the
105	child is in supervision status.
106	(b)  When any child is placed into secure detention or
107	placed on committed status and the temporary legal custody of
108	such child is placed with the Department of Juvenile Justice,
109	the court shall order the parent of such child to pay to the
110	department a fee for the cost of the care of such child in the
111	amount of $5 per day for each day that the child is in the
112	temporary legal custody of the department.
113	(2)  The parent of any child who has been placed under the
114	supervision or care of the department shall provide to the
115	department his or her name, address, social security number,
116	date of birth, driver's license number or identification card
117	number, and sufficient financial information so as to assist the
118	court in determining the parent's ability to pay any fee
119	associated with the cost of the child's supervision or care. If
120	the parent refuses to provide the department with the
121	information required by this subsection, the court shall order
122	the parent to provide such information. The failure of the
123	parent to comply with such order of the court constitutes
124	contempt of court, and the court may punish the parent
125	accordingly.
126	(3)  At the time of any detention or disposition hearing,
127	the court shall receive the information described in subsection
128	(2), as well as any other verbal or written information offered
129	as to the ability of the parent of a child who is being placed
130	under the supervision or care of the department to pay any fee
131	imposed pursuant to this section and whether the payment of such
132	fee will create a significant financial hardship. The court may
133	apportion the obligation for the fee to each parent in a manner
134	it deems appropriate; however, the total amount of the daily fee
135	may not exceed the amounts specified in this section. Any
136	finding made by the court as to the ability of the parent to pay
137	such fee, including any finding of indigency or significant
138	financial hardship, shall be in writing and shall contain a
139	detailed description of the facts supporting such finding. If
140	the court makes a finding of indigency and significant financial
141	hardship, the court shall waive the fee or reduce it to an
142	amount deemed appropriate.
143	(4)  Notwithstanding subsection (3), the court may reduce
144	or waive the fee as to each parent if the court makes a finding
145	on the record that the parent was the victim of the delinquent
146	act or violation of law for which the child has been placed
147	under the supervision or care of the department and that the
148	parent or guardian is cooperating or has cooperated with the
149	investigation of the offense.
150	(5)  The court shall order the payment of any fees required
151	in this section as part of the detention or disposition order.
152	Such order must include specific written findings as to what
153	fees are ordered, reduced, or waived. If the court fails to
154	enter an order as required by this section, the parent is deemed
155	to have an obligation to pay to the department a fee in the
156	amount of $1 per day for each day that the child is under the
157	supervision of the department and $5 per day for each day that
158	the child remains in the care of the department.
159	(6)  Notwithstanding subsection (1), with respect to a
160	child who reaches the age of 18 prior to the detention or
161	disposition hearing, the court may elect to direct an order
162	required by this section to such child, rather than to the
163	child's parent. With regard to a child who reaches 18 while
164	under the supervision or care of the department, the court may,
165	upon proper motion of any party, hold a hearing as to whether
166	any party should be further obligated to pay any fee associated
167	with cost of the supervision or care of such child. If the court
168	does not enter an order under this subsection, it shall be
169	presumed that the court intended for the parent to pay or to
170	continue to pay the fees specified in this section. Any order
171	entered pursuant to this subsection must include specific
172	findings as to what fees are ordered, reduced, or waived as to
173	the child.
174	(7)  With respect to a child who has been placed under the
175	supervision or care of the department and whose parent receives
176	public assistance for any portion of such child's care, the
177	department must seek a federal waiver to garnish or otherwise
178	order the payment of a portion of the public assistance relating
179	to such child to offset the costs to the department associated
180	with providing supervision or care of such child.
181	(8)  If any order entered pursuant to this section affects
182	the guardianship of an estate, a certified copy of such order
183	shall be delivered to the judge having jurisdiction over the
184	guardianship of the estate.
185	(9)  The department may employ a collection agency for the
186	purpose of receiving, collecting, and managing the payment of
187	any fees ordered pursuant to this section that have gone
188	delinquent or unpaid. The collection agency must be registered
189	and in good standing under chapter 559. The department may pay
190	for the services of the collection agency from available
191	authorized funds or from funds generated by any collections
192	under this subsection. Alternatively, the department may
193	authorize the collection agency to withhold a specified amount
194	of any fee collected as payment for its services.
195	(10)  The department or the collection agency shall provide
196	to the payor documentation of the payment of any fee paid
197	pursuant to this section. Except as provided in subsection (9),
198	all payments received by the department or the collection agency
199	pursuant to this section shall be deposited in the state Grants
200	and Donations Trust Fund.
201	(11)  Under no circumstance shall the court or the
202	department extend the child's length of stay in the department's
203	supervision or care solely for the purpose of collecting the
204	fees specified in this section.
205	(12)  No parent or child shall be liable for any fee
206	provided in this section unless:
207	(a)  The child is adjudicated delinquent, or has
208	adjudication of delinquency withheld, for the offense that gave
209	rise to the supervision or care; or
210	(b)  The child is found to have violated an order of the
211	court, including any order of supervision or care, and the costs
212	are associated with the violation of such order.
213
214	If any funds are paid for the supervision or care of a child who
215	is determined not to meet the criteria specified in paragraph
216	(a) or paragraph (b), such funds shall be refunded to the payor
217	forthwith.
218	(13)  For purposes of this section, "parent" means any
219	person who meets the definition of "parent" or "legal custody or
220	guardian" in s. 985.03.
221	Section 2.  Section 985.2313, Florida Statutes, is created
222	to read:
223	985.2313  Suspension of license, privilege, or
224	registration, for failure to pay fees associated with the cost
225	of supervision or care.--When a parent against whom an order
226	under s. 985.2311 has been entered is more than 30 days
227	delinquent in making any payment required by such order:
228	(1)  The department may provide notice of the delinquency
229	to such parent by regular United States mail to the parent's
230	last address of record with the department and, if different,
231	the last address of record with the Department of Highway Safety
232	and Motor Vehicles. The notice must inform the parent as to:
233	(a)  The terms of the order entered under s. 985.2311.
234	(b)  The period of the delinquency and the total amount of
235	the delinquency as of the date the notice was mailed.
236	(c)  Whom to contact in the event that the parent chooses
237	to take action as provided therein.
238	(2)  The notice of delinquency shall inform the parent that
239	the Department of Highway Safety and Motor Vehicles will be
240	alerted to the delinquency and authorized to suspend the
241	parent's driver's license, driving privileges, and motor vehicle
242	registration unless the parent, within 20 days after the date
243	the notice is mailed, does one of the following:
244	(a)  Pays the delinquency in full, together with any other
245	costs and fees accrued between the date of the notice and the
246	date the delinquency is paid.
247	(b)  Enters into a written payment agreement with the
248	department to settle the delinquency.
249	(c)  Files a petition with the circuit court to contest the
250	delinquency action and pays any applicable delinquency fees. If
251	the parent intends to contest the delinquency action on grounds
252	of mistake of fact as to the existence of the delinquency or the
253	identity of the parent, a copy of the petition and notice of
254	intent must be mailed to the department, at an address specified
255	pursuant to subsection (1), on the same date that the petition
256	is filed. The court must conduct a hearing within 15 days after
257	any timely filed petition and enter an order concerning the
258	delinquency within 10 days after such hearing. A certified copy
259	of such order must be served on all parties to the hearing.
260	(3)  Upon mailing of the notice of the delinquency as
261	provided in subsection (1), if the parent fails to take action
262	as provided in subsection (2), the department shall, in
263	accordance with s. 322.058, notify the Department of Highway
264	Safety and Motor Vehicles and request the suspension of the
265	parent's driving privileges and motor vehicle registration. Any
266	reinstatement shall be only as provided in s. 322.058.
267	Section 3.  Section 322.058, Florida Statutes, is amended
268	to read:
269	322.058  Suspension of driving privileges due to support
270	delinquency; reinstatement.--
271	(1)  When the department receives notice from the
272	Department of Juvenile Justice, the Title IV-D agency or
273	depository, or the clerk of the court that any person licensed
274	to operate a motor vehicle in the State of Florida under the
275	provisions of this chapter has a delinquent obligation to pay
276	fees pursuant to an order issued under s. 985.2311, has a
277	delinquent support obligation, or has failed to comply with a
278	subpoena, order to appear, order to show cause, or similar
279	order, the department shall suspend the driver's license of the
280	person named in the notice and the registration of all motor
281	vehicles owned by that person.
282	(2)  The department must reinstate the driving privilege
283	and allow registration of a motor vehicle when the Department of
284	Juvenile Justice, the Title IV-D agency in IV-D cases or the
285	depository, or the clerk of the court in non-IV-D cases provides
286	to the department an affidavit stating that:
287	(a)  The person has paid the delinquency;
288	(b)  The person has reached a written agreement for payment
289	with the Department of Juvenile Justice, the Title IV-D agency,
290	or the obligee in non-IV-D cases;
291	(c)  A court has entered an order granting relief to the
292	obligor ordering the reinstatement of the license and motor
293	vehicle registration; or
294	(d)  The person has complied with the subpoena, order to
295	appear, order to show cause, or similar order.
296	(3)  The department shall not be held liable for any
297	license or vehicle registration suspension resulting from the
298	discharge of its duties under this section.
299	(4)  This section applies only to the annual renewal in the
300	owner's birth month of a motor vehicle registration and does not
301	apply to the transfer of a registration of a motor vehicle sold
302	by a motor vehicle dealer licensed under chapter 320, except for
303	the transfer of registrations which is inclusive of the annual
304	renewals. This section does not affect the issuance of the title
305	to a motor vehicle, notwithstanding s. 319.23(7)(b).
306	Section 4.  Subsection (5) of section 985.21, Florida
307	Statutes, is amended to read:
308	985.21  Intake and case management.--
309	(5)  Prior to requesting that a delinquency petition be
310	filed or prior to filing a dependency petition, the juvenile
311	probation officer may request the parent or legal guardian of
312	the child to attend a course of instruction in parenting skills,
313	training in conflict resolution, and the practice of
314	nonviolence; to accept counseling; or to receive other
315	assistance from any agency in the community which notifies the
316	clerk of the court of the availability of its services. Where
317	appropriate, the juvenile probation officer shall request both
318	parents or guardians to receive such parental assistance. The
319	juvenile probation officer may, in determining whether to
320	request that a delinquency petition be filed, take into
321	consideration the willingness of the parent or legal guardian to
322	comply with such request. The parent or guardian must provide
323	the juvenile probation officer with identifying information,
324	including the parent's or guardian's name, address, date of
325	birth, social security number, and driver's license number or
326	identification card number in order to comply with s. 985.2311
327	ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d).
328	Section 5.  Subsection (6) of section 985.215, Florida
329	Statutes, as amended by section 140 of chapter 2003-402, Laws of
330	Florida, is amended to read:
331	985.215  Detention.--
332	(6)(a)  When any child is placed into secure, nonsecure, or
333	home detention care or into other placement for the purpose of
334	being supervised by the Department of Juvenile Justice pursuant
335	to a court order following a detention hearing, the court shall
336	order the parents or guardians of such child to pay to the
337	Department of Juvenile Justice fees as provided under s.
338	985.2311 in the amount of $5 per day that the child is under the
339	care or supervision of the department in order to partially
340	offset the cost of the care, support, maintenance, and other
341	usual and ordinary obligations of parents to provide for the
342	needs of their children, unless the court makes a finding on the
343	record that the parent or guardian of the child is indigent.
344	(b)  At the time of the detention hearing, the department
345	shall report to the court, verbally or in writing, any available
346	information concerning the ability of the parent or guardian of
347	the child to pay such fee. If the court makes a finding of
348	indigence, the parent or guardian shall pay to the department a
349	nominal subsistence fee of $2 per day that the child is securely
350	detained outside the home or $1 per day if the child is
351	otherwise detained in lieu of other fees related to the parent's
352	obligation for the child's cost of care. The nominal subsistence
353	fee may only be waived or reduced if the court makes a finding
354	that such payment would constitute a significant financial
355	hardship. Such finding shall be in writing and shall contain a
356	detailed description of the facts that led the court to make
357	both the finding of indigence and the finding of significant
358	financial hardship.
359	(c)  In addition, the court may reduce the fees or waive
360	the fees as to each parent or guardian if the court makes a
361	finding on the record that the parent or guardian was the victim
362	of the delinquent act or violation of law for which the child is
363	detained and that the parent or guardian is cooperating in the
364	investigation of the offense.
365	(d)  The court must include specific findings in the
366	detention order as to what fees are ordered, reduced, or waived.
367	If the court fails to enter an order as required by this
368	subsection, it shall be presumed that the court intended the
369	parent or guardian to pay to the department the fee of $5 per
370	day that the child remains in detention care.
371	(e)  With respect to a child who has been found to have
372	committed a delinquent act or violation of law, whether or not
373	adjudication is withheld, and whose parent or guardian receives
374	public assistance for any portion of that child's care, the
375	department must seek a federal waiver to garnish or otherwise
376	order the payments of the portion of the public assistance
377	relating to that child to offset the costs of providing care,
378	custody, maintenance, rehabilitation, intervention, or
379	corrective services to the child. When the order affects the
380	guardianship estate, a certified copy of the order shall be
381	delivered to the judge having jurisdiction of the guardianship
382	estate.
383	(f)  The clerk of the circuit court shall act as a
384	depository for these fees. Upon each payment received, the clerk
385	of the circuit court shall receive a fee from the total payment
386	of 3 percent of any payment made except that no fee shall be
387	less than $1 nor more than $5 per payment made. This fee shall
388	serve as a service charge for the administration, management,
389	and maintenance of each payment. At the end of each month, the
390	clerk of the circuit court shall send all money collected under
391	this section to the state Grants and Donations Trust Fund.
392	(g)  The parent or guardian shall provide to the department
393	the parent's or guardian's name, address, social security
394	number, date of birth, and driver's license number or
395	identification card number and sufficient financial information
396	for the department to be able to determine the parent's or
397	guardian's ability to pay. If the parent or guardian refuses to
398	provide the department with any identifying information or
399	financial information, the court shall order the parent to
400	comply and may pursue contempt of court sanctions for failure to
401	comply.
402	(h)  The department may employ a collection agency for the
403	purpose of receiving, collecting, and managing the payment of
404	unpaid and delinquent fees. The collection agency must be
405	registered and in good standing under chapter 559. The
406	department may pay to the collection agency a fee from the
407	amount collected under the claim or may authorize the agency to
408	deduct the fee from the amount collected. The department may
409	also pay for collection services from available authorized
410	funds.
411	(i)  The department may enter into agreements with parents
412	or guardians to establish a schedule of periodic payments if
413	payment of the obligation in full presents an undue hardship.
414	Any such agreement may provide for payment of interest
415	consistent with prevailing loan rates.
416	(j)  The Department of Juvenile Justice shall provide to
417	the payor documentation of any amounts paid by the payor to the
418	Department of Juvenile Justice on behalf of the child. All
419	payments received by the department pursuant to this subsection
420	shall be deposited in the state Grants and Donations Trust Fund.
421	Neither the court nor the department may extend the child's
422	length of stay in detention care solely for the purpose of
423	collecting fees.
424	Section 6.  Paragraph (b) of subsection (1) of section
425	985.231, Florida Statutes, as amended by section 141 of chapter
426	2003-402, Laws of Florida, is amended to read:
427	985.231  Powers of disposition in delinquency cases.--
428	(1)
429	(b)1.  When any child is found adjudicated by the court to
430	have committed a delinquent act and is placed on probation,
431	regardless of adjudication, under the supervision of or in the
432	temporary legal custody of the child has been placed with a
433	licensed child-caring agency or the Department of Juvenile
434	Justice, the court shall order the parents of such child to pay
435	fees to the department as provided under s. 985.2311 in the
436	amount of $5 per day that the child is under the care or
437	supervision of the department in order to partially offset the
438	cost of the care, support, maintenance, and other usual and
439	ordinary obligations of parents to provide for the needs of
440	their children while in the recommended residential commitment
441	level, unless the court makes a finding on the record that the
442	parent or guardian of the child is indigent.
443	2.  No later than the disposition hearing, the department
444	shall provide the court with information concerning the actual
445	cost of care, support, and maintenance of the child in the
446	recommended residential commitment level and concerning the
447	ability of the parent or guardian of the child to pay any fees.
448	If the court makes a finding of indigence, the parent or
449	guardianship shall pay to the department a nominal subsistence
450	fee of $2 per day that the child is committed outside the home
451	or $1 per day if the child is otherwise supervised in lieu of
452	other fees related to the parents' obligation for the child's
453	cost of care. The nominal subsistence fee may only be waived or
454	reduced if the court makes a finding that such payment would
455	constitute a significant financial hardship. Such finding shall
456	be in writing and shall contain a detailed description of the
457	facts that led the court to make both the finding of indigence
458	and the finding of significant financial hardship.
459	3.  In addition, the court may reduce the fees or waive the
460	fees as to each parent or guardian if the court makes a finding
461	on the record that the parent or guardian was the victim of the
462	delinquent act or violation of law for which the child is
463	subject to placement under this section and that the parent or
464	guardian has cooperated in the investigation and prosecution of
465	the offense.
466	4.  All orders committing a child to a residential
467	commitment program shall include specific findings as to what
468	fees are ordered, reduced, or waived. If the court fails to
469	enter an order as required by this paragraph, it shall be
470	presumed that the court intended the parent or guardian to pay
471	fees to the department in an amount of $5 per day related to the
472	care, support, and maintenance of the child. With regard to a
473	child who reaches the age of 18 prior to the disposition
474	hearing, the court may elect to direct an order required by this
475	paragraph to such child, rather than the parent or guardian.
476	With regard to a child who reaches the age of 18 while in the
477	custody of the department, the court may, upon proper motion of
478	any party, hold a hearing as to whether any party should be
479	further obligated respecting the payment of fees. When the order
480	affects the guardianship estate, a certified copy of the order
481	shall be delivered to the judge having jurisdiction of the
482	guardianship estate.
483	5.  The clerk of the circuit court shall act as a
484	depository for these fees. Upon each payment received, the clerk
485	of the circuit court shall receive a fee from the total payment
486	of 3 percent of any payment made except that no fee shall be
487	less than $1 nor more than $5 per payment made. This fee shall
488	serve as a service charge for the administration, management,
489	and maintenance of each payment. At the end of each month, the
490	clerk of the circuit court shall send all money collected under
491	this section to the state Grants and Donations Trust Fund.
492	6.  The parent or guardian shall provide to the department
493	the parent or guardian's name, address, social security number,
494	state of birth, and driver's license number or identification
495	card number and sufficient financial information for the
496	department to be able to determine the parent or guardian's
497	ability to pay. If the parent or guardian refuses to provide the
498	department with any identifying information or financial
499	information, the court shall order the parent to comply and may
500	pursue contempt of court sanctions for failure to comply.
501	7.  The department may employ a collection agency for the
502	purpose of receiving, collecting, and managing the payment of
503	unpaid and delinquent fees. The collection agency must be
504	registered and in good standing under chapter 559. The
505	department may pay to the collection agency a fee from the
506	amount collected under the claim or may authorize the agency to
507	deduct the fee from the amount collected. The department may
508	also pay for collection services from available authorized
509	funds.
510	8.  The department may enter into agreements with parents
511	or guardians to establish a schedule of periodic payments if
512	payment of the obligation in full presents an undue hardship.
513	Any such agreement may provide for payment of interests
514	consistent with prevailing loan rates.
515	9.  The Department of Juvenile Justice shall provide to the
516	payor documentation of any amounts paid by the payor to the
517	Department of Juvenile Justice on behalf of the child. All
518	payments received by the department pursuant to this subsection
519	shall be deposited in the state Grants and Donations Trust Fund.
520	10.  Neither the court nor the department may extend the
521	child's length of stay in placement care solely for the purpose
522	of collecting fees.
523	Section 7.  Paragraph (d) of subsection (4) of section
524	985.233, Florida Statutes, as amended by section 142 of chapter
525	2003-402, Laws of Florida, is amended to read:
526	985.233  Sentencing powers; procedures; alternatives for
527	juveniles prosecuted as adults.--
528	(4)  SENTENCING ALTERNATIVES.--
529	(d)  Recoupment of cost of care or supervision in juvenile
530	justice programs or facilities.--
531	1.  When the court orders any child to be supervised by or
532	committed commitment of a child to the Department of Juvenile
533	Justice for treatment in any of the department's programs for
534	children, the court shall order the parents of such child to pay
535	fees as provided under s. 985.2311 in the amount of $5 per day
536	that the child is under the care or supervision of the
537	department in order to partially offset the cost of the care,
538	support, maintenance, and other usual and ordinary obligations
539	of parents to provide for the needs of their children, unless
540	the court makes a finding on the record that the parent or legal
541	guardian of the child is indigent.
542	2.  Prior to commitment, the department shall provide the
543	court with information concerning the actual cost of care in the
544	recommended residential commitment level and concerning the
545	ability of the parent or guardian of the child to pay specified
546	fees. If the court makes a finding of indigency, the parent or
547	guardian shall pay to the department a nominal subsistence fee
548	of $2 per day that the child is committed outside the home or $1
549	per day if the child is otherwise supervised in lieu of other
550	fees related to the parent's obligation for the child's cost of
551	care. The nominal subsistence fee may only be waived or reduced
552	if the court makes a finding that such payment would constitute
553	a significant financial hardship. Such finding shall be in
554	writing and shall contain a detailed description of the facts
555	that led the court to make both the finding of indigency and the
556	finding of significant financial hardship.
557	3.  In addition, the court may reduce the fees or waive the
558	fees as to each parent or guardian if the court makes a finding
559	on the record that the parent or guardian was the victim of the
560	delinquent act or violation of law for which the child is
561	subject to commitment under this section and that the parent or
562	guardian has cooperated in the investigation and prosecution of
563	the offense. When the order affects the guardianship estate, a
564	certified copy of the order shall be delivered to the judge
565	having jurisdiction of the guardianship estate.
566	4.  All orders committing a child to a residential
567	commitment program shall include specific findings as to what
568	fees are ordered, reduced, or waived. If the court fails to
569	enter an order as required by this paragraph, it shall be
570	presumed that the court intended the parent or guardian to pay
571	fees to the department in an amount of $5 per day related to the
572	care, support, and maintenance of the child. With regard to a
573	child who reaches the age of 18 prior to the disposition
574	hearing, the court may elect to direct an order required by this
575	paragraph to such child, rather than the parent or guardian.
576	With regard to a child who reaches the age of 18 while in the
577	custody of the department, the court may, upon proper motion of
578	any party, hold a hearing as to whether any party should be
579	further obligated respecting the payment of fees.
580	5.  The clerk of the circuit court shall act as a
581	depository for these fees. Upon each payment received, the clerk
582	of the circuit court shall receive a fee from the total payment
583	of 3 percent of any payment made except that no fee shall be
584	less than $1 nor more than $5 per payment made. This fee shall
585	serve as a service charge for the administration, management,
586	and maintenance of each payment. At the end of each month, the
587	clerk of the circuit court shall send all money collected under
588	this section to the state Grants and Donations Trust Fund.
589	6.  The parent or guardian shall provide to the department
590	the parent or guardian's name, address, social security number,
591	date of birth, and driver's license number or identification
592	card number and sufficient financial information for the
593	department to be able to determine the parent or guardian's
594	ability to pay. If the parent or guardian refuses to provide the
595	department with any identifying information or financial
596	information, the court shall order the parent to comply and may
597	pursue contempt of court sanctions for failure to comply.
598	7.  The department may employ a collection agency for the
599	purpose of receiving, collecting, and managing the payment of
600	unpaid and delinquent fees. The collection agency must be
601	registered and in good standing under chapter 559. The
602	department may pay to the collection agency a fee from the
603	amount collected under the claim or may authorize the agency to
604	deduct the fee from the amount collected. The department may
605	also pay for collection services from available authorized
606	funds. The Department of Juvenile Justice shall provide to the
607	payor documentation of any amounts paid by the payor to the
608	Department of Juvenile Justice on behalf of the child. All
609	payments received by the department pursuant to this subsection
610	shall be deposited in the state Grants and Donations Trust Fund.
611	8.  Neither the court nor the department may extend the
612	child's length of stay in commitment care solely for the purpose
613	of collecting fees.
614
615	It is the intent of the Legislature that the criteria and
616	guidelines in this subsection are mandatory and that a
617	determination of disposition under this subsection is subject to
618	the right of the child to appellate review under s. 985.234.
619	Section 8.  For the purpose of incorporating the amendment
620	to section 322.058, Florida Statutes, in a reference thereto,
621	section 322.059, Florida Statutes, is reenacted to read:
622	322.059  Mandatory surrender of suspended driver's license
623	and registration.--Any person whose driver's license or
624	registration has been suspended as provided in s. 322.058 must
625	immediately return his or her driver's license and registration
626	to the Department of Highway Safety and Motor Vehicles. If such
627	person fails to return his or her driver's license or
628	registration, any law enforcement agent may seize the license or
629	registration while the driver's license or registration is
630	suspended.
631	Section 9.  This act shall take effect October 1, 2004.

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