HB 1851

1
A bill to be entitled
2An act relating to the costs of supervision and care for
3juvenile offenders; clarifying the authority of the court
4to assess fees to parents for the costs associated with
5the supervision or care of a child by the Department of
6Juvenile Justice; creating s. 985.2311, F.S.; requiring
7the court to order the parent of a child placed in home
8detention, probation, or other supervision status or
9placed into secure detention or on committed status with
10the department to pay a daily fee for the cost of such
11child's supervision or care; specifying the amount of the
12fee associated with the cost of supervision; specifying
13the amount of the fee associated with the cost of care;
14requiring the parent of such child to provide specified
15identifying information and information pertaining to the
16parent's ability to pay such fees; providing for
17enforcement of such requirement through contempt
18proceedings; authorizing the court to apportion the
19payment obligation; requiring the court to waive or reduce
20such fees upon a finding of indigency or significant
21financial hardship; requiring such finding to be supported
22by facts and detailed in writing; authorizing the court to
23reduce or waive such fees as to any parent who was a
24victim of the child's delinquent act in certain
25circumstances; requiring the court to make written
26findings as to what fees are ordered, reduced, or waived;
27providing a presumption in the absence of such order;
28authorizing the court to order a child to pay such fees in
29certain circumstances; requiring the department to seek a
30federal waiver to garnish public assistance benefits in
31certain circumstances; providing procedures if an order
32for payment of such fees affects the guardianship of an
33estate; authorizing the department to employ certain
34agencies in the collection of delinquent or unpaid fees;
35providing for payment for the services of such collection
36agency; requiring that certain documentation be provided
37relating to the payment of such fees; providing for all
38moneys collected by the department or collection agency in
39connection with such fees to be transferred to the Grants
40and Donations Trust Fund; prohibiting the court or the
41department from extending a child's length of supervision
42or care solely for the purpose of collecting such fees;
43providing a limitation of the responsibility of a parent
44or child for such fees; providing for a refund in certain
45circumstances; defining the term "parent"; amending s.
46985.21, F.S.; revising cross references, to conform;
47amending s. 985.215, F.S.; requiring the court to order a
48parent to pay fees associated with the cost of the
49supervision or care of any child placed on detention
50status with the department; providing a cross reference;
51deleting provisions relating to the assessment and
52collection of fees associated with the cost of such care
53to conform; amending s. 985.231, F.S.; requiring the court
54to order a parent to pay fees associated with the cost of
55the supervision or care of any child found to have
56committed a delinquent act, regardless of adjudication,
57and placed under the supervision or in the temporary
58custody of the department; providing a cross reference;
59deleting provisions relating to the assessment and
60collection of fees associated with the cost of such
61supervision or care to conform; amending s. 985.233, F.S.;
62providing for the recoupment of the cost of supervision or
63care in juvenile justice programs or facilities; requiring
64the court to order a parent to pay fees associated with
65the cost of the supervision or care of any child
66supervised by or committed to the department; providing a
67cross reference; deleting provisions relating to the
68assessment and collection of fees associated with the cost
69of such supervision or care to conform; requiring the
70court to reduce the fees owed by parents or guardians for
71the cost of a child's care or supervision by the
72department in certain circumstances where the parent or
73guardian successfully completes a parenting course;
74providing a limit on the amount that such fees may be
75reduced; providing for the future repeal of the
76requirement; providing an effective date.
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  Section 985.2311, Florida Statutes, is created
81to 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,
86probation, or other supervision status with the Department of
87Juvenile Justice, the court shall order the parent of such child
88to pay to the department a fee for the cost of the supervision
89of such child in the amount of $1 per day for each day that the
90child is in supervision status.
91     (b)  When any child is placed into secure detention or
92placed on committed status and the temporary legal custody of
93such child is placed with the Department of Juvenile Justice,
94the court shall order the parent of such child to pay to the
95department a fee for the cost of the care of such child in the
96amount of $5 per day for each day that the child is in the
97temporary legal custody of the department.
98     (2)  The parent of any child who has been placed under the
99supervision or care of the department shall provide to the
100department his or her name, address, social security number,
101date of birth, driver's license number or identification card
102number, and sufficient financial information so as to assist the
103court in determining the parent's ability to pay any fee
104associated with the cost of the child's supervision or care. If
105the parent refuses to provide the department with the
106information required by this subsection, the court shall order
107the parent to provide such information. The failure of the
108parent to comply with such order of the court constitutes
109contempt of court, and the court may punish the parent
110accordingly.
111     (3)  At the time of any detention or disposition hearing,
112the court shall receive the information described in subsection
113(2), as well as any other verbal or written information offered
114as to the ability of the parent of a child who is being placed
115under the supervision or care of the department to pay any fee
116imposed pursuant to this section and whether the payment of such
117fee will create a significant financial hardship. The court may
118apportion the obligation for the fee to each parent in a manner
119it deems appropriate; however, the total amount of the daily fee
120may not exceed the amounts specified in this section. Any
121finding made by the court as to the ability of the parent to pay
122such fee, including any finding of indigency or significant
123financial hardship, shall be in writing and shall contain a
124detailed description of the facts supporting such finding. If
125the court makes a finding of indigency and significant financial
126hardship, the court shall waive the fee or reduce it to an
127amount deemed appropriate.
128     (4)  Notwithstanding subsection (3), the court may reduce
129or waive the fee as to each parent if the court makes a finding
130on the record that the parent was the victim of the delinquent
131act or violation of law for which the child has been placed
132under the supervision or care of the department and that the
133parent or guardian is cooperating or has cooperated with the
134investigation of the offense.
135     (5)  The court shall order the payment of any fees required
136in this section as part of the detention or disposition order.
137Such order must include specific written findings as to what
138fees are ordered, reduced, or waived. If the court fails to
139enter an order as required by this section, the parent is deemed
140to have an obligation to pay to the department a fee in the
141amount of $1 per day for each day that the child is under the
142supervision of the department and $5 per day for each day that
143the child remains in the care of the department.
144     (6)  Notwithstanding subsection (1), with respect to a
145child who reaches the age of 18 prior to the detention or
146disposition hearing, the court may elect to direct an order
147required by this section to such child, rather than to the
148child's parent. With regard to a child who reaches 18 while
149under the supervision or care of the department, the court may,
150upon proper motion of any party, hold a hearing as to whether
151any party should be further obligated to pay any fee associated
152with cost of the supervision or care of such child. If the court
153does not enter an order under this subsection, it shall be
154presumed that the court intended for the parent to pay or to
155continue to pay the fees specified in this section. Any order
156entered pursuant to this subsection must include specific
157findings as to what fees are ordered, reduced, or waived as to
158the child.
159     (7)  With respect to a child who has been placed under the
160supervision or care of the department and whose parent receives
161public assistance for any portion of such child's care, the
162department must seek a federal waiver to garnish or otherwise
163order the payment of a portion of the public assistance relating
164to such child to offset the costs to the department associated
165with providing supervision or care of such child.
166     (8)  If any order entered pursuant to this section affects
167the guardianship of an estate, a certified copy of such order
168shall be delivered to the judge having jurisdiction over the
169guardianship of the estate.
170     (9)  The department may employ a collection agency for the
171purpose of receiving, collecting, and managing the payment of
172any fees ordered pursuant to this section that have gone
173delinquent or unpaid. The collection agency must be registered
174and in good standing under chapter 559. The department may pay
175for the services of the collection agency from available
176authorized funds or from funds generated by any collections
177under this subsection. Alternatively, the department may
178authorize the collection agency to withhold a specified amount
179of any fee collected as payment for its services.
180     (10)  The department or the collection agency shall provide
181to the payor documentation of the payment of any fee paid
182pursuant to this section. Except as provided in subsection (9),
183all payments received by the department or the collection agency
184pursuant to this section shall be deposited in the state Grants
185and Donations Trust Fund.
186     (11)  Under no circumstance shall the court or the
187department extend the child's length of stay in the department's
188supervision or care solely for the purpose of collecting the
189fees specified in this section.
190     (12)  No parent or child shall be liable for any fee
191provided in this section unless:
192     (a)  The child is adjudicated delinquent, or has
193adjudication of delinquency withheld, for the offense that gave
194rise to the supervision or care; or
195     (b)  The child is found to have violated an order of the
196court, including any order of supervision or care, and the costs
197are associated with the violation of such order.
198
199If any funds are paid for the supervision or care of a child who
200is determined not to meet the criteria specified in paragraph
201(a) or paragraph (b), such funds shall be refunded to the payor
202forthwith.
203     (13)  For purposes of this section, "parent" means any
204person who meets the definition of "parent" or "legal custody or
205guardian" in s. 985.03.
206     Section 2.  Subsection (5) of section 985.21, Florida
207Statutes, is amended to read:
208     985.21  Intake and case management.--
209     (5)  Prior to requesting that a delinquency petition be
210filed or prior to filing a dependency petition, the juvenile
211probation officer may request the parent or legal guardian of
212the child to attend a course of instruction in parenting skills,
213training in conflict resolution, and the practice of
214nonviolence; to accept counseling; or to receive other
215assistance from any agency in the community which notifies the
216clerk of the court of the availability of its services. Where
217appropriate, the juvenile probation officer shall request both
218parents or guardians to receive such parental assistance. The
219juvenile probation officer may, in determining whether to
220request that a delinquency petition be filed, take into
221consideration the willingness of the parent or legal guardian to
222comply with such request. The parent or guardian must provide
223the juvenile probation officer with identifying information,
224including the parent's or guardian's name, address, date of
225birth, social security number, and driver's license number or
226identification card number in order to comply with s. 985.2311
227ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d).
228     Section 3.  Subsection (6) of section 985.215, Florida
229Statutes, as amended by section 140 of chapter 2003-402, Laws of
230Florida, is amended to read:
231     985.215  Detention.--
232     (6)(a)  When any child is placed into secure, nonsecure, or
233home detention care or into other placement for the purpose of
234being supervised by the Department of Juvenile Justice pursuant
235to a court order following a detention hearing, the court shall
236order the parents or guardians of such child to pay to the
237Department of Juvenile Justice fees as provided under s.
238985.2311 in the amount of $5 per day that the child is under the
239care or supervision of the department in order to partially
240offset the cost of the care, support, maintenance, and other
241usual and ordinary obligations of parents to provide for the
242needs of their children, unless the court makes a finding on the
243record that the parent or guardian of the child is indigent.
244     (b)  At the time of the detention hearing, the department
245shall report to the court, verbally or in writing, any available
246information concerning the ability of the parent or guardian of
247the child to pay such fee. If the court makes a finding of
248indigence, the parent or guardian shall pay to the department a
249nominal subsistence fee of $2 per day that the child is securely
250detained outside the home or $1 per day if the child is
251otherwise detained in lieu of other fees related to the parent's
252obligation for the child's cost of care. The nominal subsistence
253fee may only be waived or reduced if the court makes a finding
254that such payment would constitute a significant financial
255hardship. Such finding shall be in writing and shall contain a
256detailed description of the facts that led the court to make
257both the finding of indigence and the finding of significant
258financial hardship.
259     (c)  In addition, the court may reduce the fees or waive
260the fees as to each parent or guardian if the court makes a
261finding on the record that the parent or guardian was the victim
262of the delinquent act or violation of law for which the child is
263detained and that the parent or guardian is cooperating in the
264investigation of the offense.
265     (d)  The court must include specific findings in the
266detention order as to what fees are ordered, reduced, or waived.
267If the court fails to enter an order as required by this
268subsection, it shall be presumed that the court intended the
269parent or guardian to pay to the department the fee of $5 per
270day that the child remains in detention care.
271     (e)  With respect to a child who has been found to have
272committed a delinquent act or violation of law, whether or not
273adjudication is withheld, and whose parent or guardian receives
274public assistance for any portion of that child's care, the
275department must seek a federal waiver to garnish or otherwise
276order the payments of the portion of the public assistance
277relating to that child to offset the costs of providing care,
278custody, maintenance, rehabilitation, intervention, or
279corrective services to the child. When the order affects the
280guardianship estate, a certified copy of the order shall be
281delivered to the judge having jurisdiction of the guardianship
282estate.
283     (f)  The clerk of the circuit court shall act as a
284depository for these fees. Upon each payment received, the clerk
285of the circuit court shall receive a fee from the total payment
286of 3 percent of any payment made except that no fee shall be
287less than $1 nor more than $5 per payment made. This fee shall
288serve as a service charge for the administration, management,
289and maintenance of each payment. At the end of each month, the
290clerk of the circuit court shall send all money collected under
291this section to the state Grants and Donations Trust Fund.
292     (g)  The parent or guardian shall provide to the department
293the parent's or guardian's name, address, social security
294number, date of birth, and driver's license number or
295identification card number and sufficient financial information
296for the department to be able to determine the parent's or
297guardian's ability to pay. If the parent or guardian refuses to
298provide the department with any identifying information or
299financial information, the court shall order the parent to
300comply and may pursue contempt of court sanctions for failure to
301comply.
302     (h)  The department may employ a collection agency for the
303purpose of receiving, collecting, and managing the payment of
304unpaid and delinquent fees. The collection agency must be
305registered and in good standing under chapter 559. The
306department may pay to the collection agency a fee from the
307amount collected under the claim or may authorize the agency to
308deduct the fee from the amount collected. The department may
309also pay for collection services from available authorized
310funds.
311     (i)  The department may enter into agreements with parents
312or guardians to establish a schedule of periodic payments if
313payment of the obligation in full presents an undue hardship.
314Any such agreement may provide for payment of interest
315consistent with prevailing loan rates.
316     (j)  The Department of Juvenile Justice shall provide to
317the payor documentation of any amounts paid by the payor to the
318Department of Juvenile Justice on behalf of the child. All
319payments received by the department pursuant to this subsection
320shall be deposited in the state Grants and Donations Trust Fund.
321Neither the court nor the department may extend the child's
322length of stay in detention care solely for the purpose of
323collecting fees.
324     Section 4.  Paragraph (b) of subsection (1) of section
325985.231, Florida Statutes, as amended by section 141 of chapter
3262003-402, 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
330have committed a delinquent act and is placed on probation,
331regardless of adjudication, under the supervision of or in the
332temporary legal custody of the child has been placed with a
333licensed child-caring agency or the Department of Juvenile
334Justice, the court shall order the parents of such child to pay
335fees to the department as provided under s. 985.2311 in the
336amount of $5 per day that the child is under the care or
337supervision of the department in order to partially offset the
338cost of the care, support, maintenance, and other usual and
339ordinary obligations of parents to provide for the needs of
340their children while in the recommended residential commitment
341level, unless the court makes a finding on the record that the
342parent or guardian of the child is indigent.
343     2.  No later than the disposition hearing, the department
344shall provide the court with information concerning the actual
345cost of care, support, and maintenance of the child in the
346recommended residential commitment level and concerning the
347ability of the parent or guardian of the child to pay any fees.
348If the court makes a finding of indigence, the parent or
349guardianship shall pay to the department a nominal subsistence
350fee of $2 per day that the child is committed outside the home
351or $1 per day if the child is otherwise supervised in lieu of
352other fees related to the parents' obligation for the child's
353cost of care. The nominal subsistence fee may only be waived or
354reduced if the court makes a finding that such payment would
355constitute a significant financial hardship. Such finding shall
356be in writing and shall contain a detailed description of the
357facts that led the court to make both the finding of indigence
358and the finding of significant financial hardship.
359     3.  In addition, the court may reduce the fees or waive the
360fees as to each parent or guardian if the court makes a finding
361on the record that the parent or guardian was the victim of the
362delinquent act or violation of law for which the child is
363subject to placement under this section and that the parent or
364guardian has cooperated in the investigation and prosecution of
365the offense.
366     4.  All orders committing a child to a residential
367commitment program shall include specific findings as to what
368fees are ordered, reduced, or waived. If the court fails to
369enter an order as required by this paragraph, it shall be
370presumed that the court intended the parent or guardian to pay
371fees to the department in an amount of $5 per day related to the
372care, support, and maintenance of the child. With regard to a
373child who reaches the age of 18 prior to the disposition
374hearing, the court may elect to direct an order required by this
375paragraph to such child, rather than the parent or guardian.
376With regard to a child who reaches the age of 18 while in the
377custody of the department, the court may, upon proper motion of
378any party, hold a hearing as to whether any party should be
379further obligated respecting the payment of fees. When the order
380affects the guardianship estate, a certified copy of the order
381shall be delivered to the judge having jurisdiction of the
382guardianship estate.
383     5.  The clerk of the circuit court shall act as a
384depository for these fees. Upon each payment received, the clerk
385of the circuit court shall receive a fee from the total payment
386of 3 percent of any payment made except that no fee shall be
387less than $1 nor more than $5 per payment made. This fee shall
388serve as a service charge for the administration, management,
389and maintenance of each payment. At the end of each month, the
390clerk of the circuit court shall send all money collected under
391this section to the state Grants and Donations Trust Fund.
392     6.  The parent or guardian shall provide to the department
393the parent or guardian's name, address, social security number,
394state of birth, and driver's license number or identification
395card number and sufficient financial information for the
396department to be able to determine the parent or guardian's
397ability to pay. If the parent or guardian refuses to provide the
398department with any identifying information or financial
399information, the court shall order the parent to comply and may
400pursue contempt of court sanctions for failure to comply.
401     7.  The department may employ a collection agency for the
402purpose of receiving, collecting, and managing the payment of
403unpaid and delinquent fees. The collection agency must be
404registered and in good standing under chapter 559. The
405department may pay to the collection agency a fee from the
406amount collected under the claim or may authorize the agency to
407deduct the fee from the amount collected. The department may
408also pay for collection services from available authorized
409funds.
410     8.  The department may enter into agreements with parents
411or guardians to establish a schedule of periodic payments if
412payment of the obligation in full presents an undue hardship.
413Any such agreement may provide for payment of interests
414consistent with prevailing loan rates.
415     9.  The Department of Juvenile Justice shall provide to the
416payor documentation of any amounts paid by the payor to the
417Department of Juvenile Justice on behalf of the child. All
418payments received by the department pursuant to this subsection
419shall be deposited in the state Grants and Donations Trust Fund.
420     10.  Neither the court nor the department may extend the
421child's length of stay in placement care solely for the purpose
422of collecting fees.
423     Section 5.  Paragraph (d) of subsection (4) of section
424985.233, Florida Statutes, as amended by section 142 of chapter
4252003-402, Laws of Florida, is amended to read:
426     985.233  Sentencing powers; procedures; alternatives for
427juveniles prosecuted as adults.--
428     (4)  SENTENCING ALTERNATIVES.--
429     (d)  Recoupment of cost of care or supervision in juvenile
430justice programs or facilities.--
431     1.  When the court orders any child to be supervised by or
432committed commitment of a child to the Department of Juvenile
433Justice for treatment in any of the department's programs for
434children, the court shall order the parents of such child to pay
435fees as provided under s. 985.2311 in the amount of $5 per day
436that the child is under the care or supervision of the
437department in order to partially offset the cost of the care,
438support, maintenance, and other usual and ordinary obligations
439of parents to provide for the needs of their children, unless
440the court makes a finding on the record that the parent or legal
441guardian of the child is indigent.
442     2.  Prior to commitment, the department shall provide the
443court with information concerning the actual cost of care in the
444recommended residential commitment level and concerning the
445ability of the parent or guardian of the child to pay specified
446fees. If the court makes a finding of indigency, the parent or
447guardian shall pay to the department a nominal subsistence fee
448of $2 per day that the child is committed outside the home or $1
449per day if the child is otherwise supervised in lieu of other
450fees related to the parent's obligation for the child's cost of
451care. The nominal subsistence fee may only be waived or reduced
452if the court makes a finding that such payment would constitute
453a significant financial hardship. Such finding shall be in
454writing and shall contain a detailed description of the facts
455that led the court to make both the finding of indigency and the
456finding of significant financial hardship.
457     3.  In addition, the court may reduce the fees or waive the
458fees as to each parent or guardian if the court makes a finding
459on the record that the parent or guardian was the victim of the
460delinquent act or violation of law for which the child is
461subject to commitment under this section and that the parent or
462guardian has cooperated in the investigation and prosecution of
463the offense. When the order affects the guardianship estate, a
464certified copy of the order shall be delivered to the judge
465having jurisdiction of the guardianship estate.
466     4.  All orders committing a child to a residential
467commitment program shall include specific findings as to what
468fees are ordered, reduced, or waived. If the court fails to
469enter an order as required by this paragraph, it shall be
470presumed that the court intended the parent or guardian to pay
471fees to the department in an amount of $5 per day related to the
472care, support, and maintenance of the child. With regard to a
473child who reaches the age of 18 prior to the disposition
474hearing, the court may elect to direct an order required by this
475paragraph to such child, rather than the parent or guardian.
476With regard to a child who reaches the age of 18 while in the
477custody of the department, the court may, upon proper motion of
478any party, hold a hearing as to whether any party should be
479further obligated respecting the payment of fees.
480     5.  The clerk of the circuit court shall act as a
481depository for these fees. Upon each payment received, the clerk
482of the circuit court shall receive a fee from the total payment
483of 3 percent of any payment made except that no fee shall be
484less than $1 nor more than $5 per payment made. This fee shall
485serve as a service charge for the administration, management,
486and maintenance of each payment. At the end of each month, the
487clerk of the circuit court shall send all money collected under
488this section to the state Grants and Donations Trust Fund.
489     6.  The parent or guardian shall provide to the department
490the parent or guardian's name, address, social security number,
491date of birth, and driver's license number or identification
492card number and sufficient financial information for the
493department to be able to determine the parent or guardian's
494ability to pay. If the parent or guardian refuses to provide the
495department with any identifying information or financial
496information, the court shall order the parent to comply and may
497pursue contempt of court sanctions for failure to comply.
498     7.  The department may employ a collection agency for the
499purpose of receiving, collecting, and managing the payment of
500unpaid and delinquent fees. The collection agency must be
501registered and in good standing under chapter 559. The
502department may pay to the collection agency a fee from the
503amount collected under the claim or may authorize the agency to
504deduct the fee from the amount collected. The department may
505also pay for collection services from available authorized
506funds. The Department of Juvenile Justice shall provide to the
507payor documentation of any amounts paid by the payor to the
508Department of Juvenile Justice on behalf of the child. All
509payments received by the department pursuant to this subsection
510shall be deposited in the state Grants and Donations Trust Fund.
511     8.  Neither the court nor the department may extend the
512child's length of stay in commitment care solely for the purpose
513of collecting fees.
514
515It is the intent of the Legislature that the criteria and
516guidelines in this subsection are mandatory and that a
517determination of disposition under this subsection is subject to
518the right of the child to appellate review under s. 985.234.
519     Section 6.  Notwithstanding any contrary provision of s.
520985.2311, Florida Statutes, for the period beginning July 1,
5212004 through June 30, 2005, the court shall reduce the fees
522required under that section for parents or guardians who
523successfully complete a voluntary parenting course approved by
524the Department of Juvenile Justice. The amount of the reduction
525shall be equivalent to 20 percent of the obligation owed by the
526parent or guardian for such fees; however, the total value of
527the reduction shall not exceed $450. The parent or guardian
528shall be responsible for any balance of fees associated with the
529cost of the child's supervision or care that remains after the
530application of the reduction authorized under this section. Any
531reduction in the amount of the obligation owed by the parent or
532guardian pursuant to an order of the court shall be contingent
533upon the agreement of the parent or guardian to stay current in
534his or her obligation for the remaining fees owed and to
535successfully complete the parenting course and present the
536department with notarized documentation of such completion. The
537court shall proceed under its contempt authority against any
538parent or guardian who, after having agreed to such conditions,
539fails to stay current in his or her obligation for the remaining
540balance of fees or who fails to successfully complete the
541parenting course. Upon a finding of contempt, the court shall
542require the parent or guardian to pay the full amount of the
543fees as provided under s. 985.2311, Florida Statutes. A parent
544or guardian may only have fees reduced under this section once.
545This section shall expire June 30, 2005.
546     Section 7.  This act shall take effect July 1, 2004.


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