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 is cooperating or has cooperated with the investigation
134of 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, in an amount not to exceed the amount of the
165parent's obligation, in order to offset the costs to the
166department associated with providing supervision or care of such
167child.
168     (8)  If any order entered pursuant to this section affects
169the guardianship of an estate, a certified copy of such order
170shall be delivered to the judge having jurisdiction over the
171guardianship of the estate.
172     (9)  The department may employ a collection agency for the
173purpose of receiving, collecting, and managing the payment of
174any fees ordered pursuant to this section that have gone
175delinquent or unpaid for 90 days or more. The collection agency
176must be registered and in good standing under chapter 559. The
177department may pay for the services of the collection agency
178from available authorized funds or from funds generated by any
179collections under this subsection. Alternatively, the department
180may authorize the collection agency to withhold a specified
181amount of any fee collected as payment for its services.
182     (10)  The department or the collection agency shall provide
183to the payor documentation of the payment of any fee paid
184pursuant to this section. Except as provided in subsection (9),
185all payments received by the department or the collection agency
186pursuant to this section shall be deposited in the state Grants
187and Donations Trust Fund within the Department of Juvenile
188Justice.
189     (11)  Under no circumstance shall the court or the
190department extend the child's length of stay in the department's
191supervision or care solely for the purpose of collecting the
192fees specified in this section.
193     (12)  No parent or child shall be liable for any fee
194provided in this section unless:
195     (a)  The child is adjudicated delinquent, or has
196adjudication of delinquency withheld, for the offense that gave
197rise to the supervision or care; or
198     (b)  The child is found to have violated an order of the
199court, including any order of supervision or care, and the costs
200are associated with the violation of such order.
201
202If any funds are paid for the supervision or care of a child who
203is determined not to meet the criteria specified in paragraph
204(a) or paragraph (b), such funds shall be refunded to the payor
205forthwith.
206     (13)  For purposes of this section, "parent" means any
207person who meets the definition of "parent" or "legal custody or
208guardian" in s. 985.03.
209     Section 2.  Subsection (5) of section 985.21, Florida
210Statutes, is amended to read:
211     985.21  Intake and case management.--
212     (5)  Prior to requesting that a delinquency petition be
213filed or prior to filing a dependency petition, the juvenile
214probation officer may request the parent or legal guardian of
215the child to attend a course of instruction in parenting skills,
216training in conflict resolution, and the practice of
217nonviolence; to accept counseling; or to receive other
218assistance from any agency in the community which notifies the
219clerk of the court of the availability of its services. Where
220appropriate, the juvenile probation officer shall request both
221parents or guardians to receive such parental assistance. The
222juvenile probation officer may, in determining whether to
223request that a delinquency petition be filed, take into
224consideration the willingness of the parent or legal guardian to
225comply with such request. The parent or guardian must provide
226the juvenile probation officer with identifying information,
227including the parent's or guardian's name, address, date of
228birth, social security number, and driver's license number or
229identification card number in order to comply with s. 985.2311
230ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d).
231     Section 3.  Subsection (6) of section 985.215, Florida
232Statutes, as amended by section 140 of chapter 2003-402, Laws of
233Florida, is amended to read:
234     985.215  Detention.--
235     (6)(a)  When any child is placed into secure, nonsecure, or
236home detention care or into other placement for the purpose of
237being supervised by the Department of Juvenile Justice pursuant
238to a court order following a detention hearing, the court shall
239order the parents or guardians of such child to pay to the
240Department of Juvenile Justice fees as provided under s.
241985.2311 in the amount of $5 per day that the child is under the
242care or supervision of the department in order to partially
243offset the cost of the care, support, maintenance, and other
244usual and ordinary obligations of parents to provide for the
245needs of their children, unless the court makes a finding on the
246record that the parent or guardian of the child is indigent.
247     (b)  At the time of the detention hearing, the department
248shall report to the court, verbally or in writing, any available
249information concerning the ability of the parent or guardian of
250the child to pay such fee. If the court makes a finding of
251indigence, the parent or guardian shall pay to the department a
252nominal subsistence fee of $2 per day that the child is securely
253detained outside the home or $1 per day if the child is
254otherwise detained in lieu of other fees related to the parent's
255obligation for the child's cost of care. The nominal subsistence
256fee may only be waived or reduced if the court makes a finding
257that such payment would constitute a significant financial
258hardship. Such finding shall be in writing and shall contain a
259detailed description of the facts that led the court to make
260both the finding of indigence and the finding of significant
261financial hardship.
262     (c)  In addition, the court may reduce the fees or waive
263the fees as to each parent or guardian if the court makes a
264finding on the record that the parent or guardian was the victim
265of the delinquent act or violation of law for which the child is
266detained and that the parent or guardian is cooperating in the
267investigation of the offense.
268     (d)  The court must include specific findings in the
269detention order as to what fees are ordered, reduced, or waived.
270If the court fails to enter an order as required by this
271subsection, it shall be presumed that the court intended the
272parent or guardian to pay to the department the fee of $5 per
273day that the child remains in detention care.
274     (e)  With respect to a child who has been found to have
275committed a delinquent act or violation of law, whether or not
276adjudication is withheld, and whose parent or guardian receives
277public assistance for any portion of that child's care, the
278department must seek a federal waiver to garnish or otherwise
279order the payments of the portion of the public assistance
280relating to that child to offset the costs of providing care,
281custody, maintenance, rehabilitation, intervention, or
282corrective services to the child. When the order affects the
283guardianship estate, a certified copy of the order shall be
284delivered to the judge having jurisdiction of the guardianship
285estate.
286     (f)  The clerk of the circuit court shall act as a
287depository for these fees. Upon each payment received, the clerk
288of the circuit court shall receive a fee from the total payment
289of 3 percent of any payment made except that no fee shall be
290less than $1 nor more than $5 per payment made. This fee shall
291serve as a service charge for the administration, management,
292and maintenance of each payment. At the end of each month, the
293clerk of the circuit court shall send all money collected under
294this section to the state Grants and Donations Trust Fund.
295     (g)  The parent or guardian shall provide to the department
296the parent's or guardian's name, address, social security
297number, date of birth, and driver's license number or
298identification card number and sufficient financial information
299for the department to be able to determine the parent's or
300guardian's ability to pay. If the parent or guardian refuses to
301provide the department with any identifying information or
302financial information, the court shall order the parent to
303comply and may pursue contempt of court sanctions for failure to
304comply.
305     (h)  The department may employ a collection agency for the
306purpose of receiving, collecting, and managing the payment of
307unpaid and delinquent fees. The collection agency must be
308registered and in good standing under chapter 559. The
309department may pay to the collection agency a fee from the
310amount collected under the claim or may authorize the agency to
311deduct the fee from the amount collected. The department may
312also pay for collection services from available authorized
313funds.
314     (i)  The department may enter into agreements with parents
315or guardians to establish a schedule of periodic payments if
316payment of the obligation in full presents an undue hardship.
317Any such agreement may provide for payment of interest
318consistent with prevailing loan rates.
319     (j)  The Department of Juvenile Justice shall provide to
320the payor documentation of any amounts paid by the payor to the
321Department of Juvenile Justice on behalf of the child. All
322payments received by the department pursuant to this subsection
323shall be deposited in the state Grants and Donations Trust Fund.
324Neither the court nor the department may extend the child's
325length of stay in detention care solely for the purpose of
326collecting fees.
327     Section 4.  Paragraph (b) of subsection (1) of section
328985.231, Florida Statutes, as amended by section 141 of chapter
3292003-402, Laws of Florida, is amended to read:
330     985.231  Powers of disposition in delinquency cases.--
331     (1)
332     (b)1.  When any child is found adjudicated by the court to
333have committed a delinquent act and is placed on probation,
334regardless of adjudication, under the supervision of or in the
335temporary legal custody of the child has been placed with a
336licensed child-caring agency or the Department of Juvenile
337Justice, the court shall order the parents of such child to pay
338fees to the department as provided under s. 985.2311 in the
339amount of $5 per day that the child is under the care or
340supervision of the department in order to partially offset the
341cost of the care, support, maintenance, and other usual and
342ordinary obligations of parents to provide for the needs of
343their children while in the recommended residential commitment
344level, unless the court makes a finding on the record that the
345parent or guardian of the child is indigent.
346     2.  No later than the disposition hearing, the department
347shall provide the court with information concerning the actual
348cost of care, support, and maintenance of the child in the
349recommended residential commitment level and concerning the
350ability of the parent or guardian of the child to pay any fees.
351If the court makes a finding of indigence, the parent or
352guardianship shall pay to the department a nominal subsistence
353fee of $2 per day that the child is committed outside the home
354or $1 per day if the child is otherwise supervised in lieu of
355other fees related to the parents' obligation for the child's
356cost of care. The nominal subsistence fee may only be waived or
357reduced if the court makes a finding that such payment would
358constitute a significant financial hardship. Such finding shall
359be in writing and shall contain a detailed description of the
360facts that led the court to make both the finding of indigence
361and the finding of significant financial hardship.
362     3.  In addition, the court may reduce the fees or waive the
363fees as to each parent or guardian if the court makes a finding
364on the record that the parent or guardian was the victim of the
365delinquent act or violation of law for which the child is
366subject to placement under this section and that the parent or
367guardian has cooperated in the investigation and prosecution of
368the offense.
369     4.  All orders committing a child to a residential
370commitment program shall include specific findings as to what
371fees are ordered, reduced, or waived. If the court fails to
372enter an order as required by this paragraph, it shall be
373presumed that the court intended the parent or guardian to pay
374fees to the department in an amount of $5 per day related to the
375care, support, and maintenance of the child. With regard to a
376child who reaches the age of 18 prior to the disposition
377hearing, the court may elect to direct an order required by this
378paragraph to such child, rather than the parent or guardian.
379With regard to a child who reaches the age of 18 while in the
380custody of the department, the court may, upon proper motion of
381any party, hold a hearing as to whether any party should be
382further obligated respecting the payment of fees. When the order
383affects the guardianship estate, a certified copy of the order
384shall be delivered to the judge having jurisdiction of the
385guardianship estate.
386     5.  The clerk of the circuit court shall act as a
387depository for these fees. Upon each payment received, the clerk
388of the circuit court shall receive a fee from the total payment
389of 3 percent of any payment made except that no fee shall be
390less than $1 nor more than $5 per payment made. This fee shall
391serve as a service charge for the administration, management,
392and maintenance of each payment. At the end of each month, the
393clerk of the circuit court shall send all money collected under
394this section to the state Grants and Donations Trust Fund.
395     6.  The parent or guardian shall provide to the department
396the parent or guardian's name, address, social security number,
397state of birth, and driver's license number or identification
398card number and sufficient financial information for the
399department to be able to determine the parent or guardian's
400ability to pay. If the parent or guardian refuses to provide the
401department with any identifying information or financial
402information, the court shall order the parent to comply and may
403pursue contempt of court sanctions for failure to comply.
404     7.  The department may employ a collection agency for the
405purpose of receiving, collecting, and managing the payment of
406unpaid and delinquent fees. The collection agency must be
407registered and in good standing under chapter 559. The
408department may pay to the collection agency a fee from the
409amount collected under the claim or may authorize the agency to
410deduct the fee from the amount collected. The department may
411also pay for collection services from available authorized
412funds.
413     8.  The department may enter into agreements with parents
414or guardians to establish a schedule of periodic payments if
415payment of the obligation in full presents an undue hardship.
416Any such agreement may provide for payment of interests
417consistent with prevailing loan rates.
418     9.  The Department of Juvenile Justice shall provide to the
419payor documentation of any amounts paid by the payor to the
420Department of Juvenile Justice on behalf of the child. All
421payments received by the department pursuant to this subsection
422shall be deposited in the state Grants and Donations Trust Fund.
423     10.  Neither the court nor the department may extend the
424child's length of stay in placement care solely for the purpose
425of collecting fees.
426     Section 5.  Paragraph (d) of subsection (4) of section
427985.233, Florida Statutes, as amended by section 142 of chapter
4282003-402, Laws of Florida, is amended to read:
429     985.233  Sentencing powers; procedures; alternatives for
430juveniles prosecuted as adults.--
431     (4)  SENTENCING ALTERNATIVES.--
432     (d)  Recoupment of cost of care or supervision in juvenile
433justice programs or facilities.--
434     1.  When the court orders any child to be supervised by or
435committed commitment of a child to the Department of Juvenile
436Justice for treatment in any of the department's programs for
437children, the court shall order the parents of such child to pay
438fees as provided under s. 985.2311 in the amount of $5 per day
439that the child is under the care or supervision of the
440department in order to partially offset the cost of the care,
441support, maintenance, and other usual and ordinary obligations
442of parents to provide for the needs of their children, unless
443the court makes a finding on the record that the parent or legal
444guardian of the child is indigent.
445     2.  Prior to commitment, the department shall provide the
446court with information concerning the actual cost of care in the
447recommended residential commitment level and concerning the
448ability of the parent or guardian of the child to pay specified
449fees. If the court makes a finding of indigency, the parent or
450guardian shall pay to the department a nominal subsistence fee
451of $2 per day that the child is committed outside the home or $1
452per day if the child is otherwise supervised in lieu of other
453fees related to the parent's obligation for the child's cost of
454care. The nominal subsistence fee may only be waived or reduced
455if the court makes a finding that such payment would constitute
456a significant financial hardship. Such finding shall be in
457writing and shall contain a detailed description of the facts
458that led the court to make both the finding of indigency and the
459finding of significant financial hardship.
460     3.  In addition, the court may reduce the fees or waive the
461fees as to each parent or guardian if the court makes a finding
462on the record that the parent or guardian was the victim of the
463delinquent act or violation of law for which the child is
464subject to commitment under this section and that the parent or
465guardian has cooperated in the investigation and prosecution of
466the offense. When the order affects the guardianship estate, a
467certified copy of the order shall be delivered to the judge
468having jurisdiction of the guardianship estate.
469     4.  All orders committing a child to a residential
470commitment program shall include specific findings as to what
471fees are ordered, reduced, or waived. If the court fails to
472enter an order as required by this paragraph, it shall be
473presumed that the court intended the parent or guardian to pay
474fees to the department in an amount of $5 per day related to the
475care, support, and maintenance of the child. With regard to a
476child who reaches the age of 18 prior to the disposition
477hearing, the court may elect to direct an order required by this
478paragraph to such child, rather than the parent or guardian.
479With regard to a child who reaches the age of 18 while in the
480custody of the department, the court may, upon proper motion of
481any party, hold a hearing as to whether any party should be
482further obligated respecting the payment of fees.
483     5.  The clerk of the circuit court shall act as a
484depository for these fees. Upon each payment received, the clerk
485of the circuit court shall receive a fee from the total payment
486of 3 percent of any payment made except that no fee shall be
487less than $1 nor more than $5 per payment made. This fee shall
488serve as a service charge for the administration, management,
489and maintenance of each payment. At the end of each month, the
490clerk of the circuit court shall send all money collected under
491this section to the state Grants and Donations Trust Fund.
492     6.  The parent or guardian shall provide to the department
493the parent or guardian's name, address, social security number,
494date of birth, and driver's license number or identification
495card number and sufficient financial information for the
496department to be able to determine the parent or guardian's
497ability to pay. If the parent or guardian refuses to provide the
498department with any identifying information or financial
499information, the court shall order the parent to comply and may
500pursue contempt of court sanctions for failure to comply.
501     7.  The department may employ a collection agency for the
502purpose of receiving, collecting, and managing the payment of
503unpaid and delinquent fees. The collection agency must be
504registered and in good standing under chapter 559. The
505department may pay to the collection agency a fee from the
506amount collected under the claim or may authorize the agency to
507deduct the fee from the amount collected. The department may
508also pay for collection services from available authorized
509funds. The Department of Juvenile Justice shall provide to the
510payor documentation of any amounts paid by the payor to the
511Department of Juvenile Justice on behalf of the child. All
512payments received by the department pursuant to this subsection
513shall be deposited in the state Grants and Donations Trust Fund.
514     8.  Neither the court nor the department may extend the
515child's length of stay in commitment care solely for the purpose
516of collecting fees.
517
518It is the intent of the Legislature that the criteria and
519guidelines in this subsection are mandatory and that a
520determination of disposition under this subsection is subject to
521the right of the child to appellate review under s. 985.234.
522     Section 6.  Notwithstanding any contrary provision of s.
523985.2311, Florida Statutes, for the period beginning July 1,
5242004 through June 30, 2005, the court shall reduce the fees
525required under that section for parents or guardians of children
526whose cases come before the juvenile court in the Ninth Judicial
527Circuit who successfully complete a voluntary parenting course
528approved by the Department of Juvenile Justice. The amount of
529the reduction shall be equivalent to 20 percent of the
530obligation owed by the parent or guardian for such fees;
531however, the total value of the reduction shall not exceed $450.
532The parent or guardian shall be responsible for any balance of
533fees associated with the cost of the child's supervision or care
534that remains after the application of the reduction authorized
535under this section. Any reduction in the amount of the
536obligation owed by the parent or guardian pursuant to an order
537of the court shall be contingent upon the agreement of the
538parent or guardian to stay current in his or her obligation for
539the remaining fees owed and to successfully complete the
540parenting course and present the department with notarized
541documentation of such completion. The court shall proceed under
542its contempt authority against any parent or guardian who, after
543having agreed to such conditions, fails to stay current in his
544or her obligation for the remaining balance of fees or who fails
545to successfully complete the parenting course. Upon a finding of
546contempt, the court shall require the parent or guardian to pay
547the full amount of the fees as provided under s. 985.2311,
548Florida Statutes. A parent or guardian may only have fees
549reduced under this section once. This section shall expire June
55030, 2005.
551     Section 7.  This act shall take effect July 1, 2004.


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