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