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 is cooperating or has cooperated with the investigation |
134 | 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, in an amount not to exceed the amount of the |
165 | parent's obligation, in order to offset the costs to the |
166 | department associated with providing supervision or care of such |
167 | child. |
168 | (8) If any order entered pursuant to this section affects |
169 | the guardianship of an estate, a certified copy of such order |
170 | shall be delivered to the judge having jurisdiction over the |
171 | guardianship of the estate. |
172 | (9) The department may employ a collection agency for the |
173 | purpose of receiving, collecting, and managing the payment of |
174 | any fees ordered pursuant to this section that have gone |
175 | delinquent or unpaid for 90 days or more. The collection agency |
176 | must be registered and in good standing under chapter 559. The |
177 | department may pay for the services of the collection agency |
178 | from available authorized funds or from funds generated by any |
179 | collections under this subsection. Alternatively, the department |
180 | may authorize the collection agency to withhold a specified |
181 | amount of any fee collected as payment for its services. |
182 | (10) The department or the collection agency shall provide |
183 | to the payor documentation of the payment of any fee paid |
184 | pursuant to this section. Except as provided in subsection (9), |
185 | all payments received by the department or the collection agency |
186 | pursuant to this section shall be deposited in the state Grants |
187 | and Donations Trust Fund within the Department of Juvenile |
188 | Justice. |
189 | (11) Under no circumstance shall the court or the |
190 | department extend the child's length of stay in the department's |
191 | supervision or care solely for the purpose of collecting the |
192 | fees specified in this section. |
193 | (12) No parent or child shall be liable for any fee |
194 | provided in this section unless: |
195 | (a) The child is adjudicated delinquent, or has |
196 | adjudication of delinquency withheld, for the offense that gave |
197 | rise to the supervision or care; or |
198 | (b) The child is found to have violated an order of the |
199 | court, including any order of supervision or care, and the costs |
200 | are associated with the violation of such order. |
201 |
|
202 | If any funds are paid for the supervision or care of a child who |
203 | is determined not to meet the criteria specified in paragraph |
204 | (a) or paragraph (b), such funds shall be refunded to the payor |
205 | forthwith. |
206 | (13) For purposes of this section, "parent" means any |
207 | person who meets the definition of "parent" or "legal custody or |
208 | guardian" in s. 985.03. |
209 | Section 2. Subsection (5) of section 985.21, Florida |
210 | Statutes, is amended to read: |
211 | 985.21 Intake and case management.-- |
212 | (5) Prior to requesting that a delinquency petition be |
213 | filed or prior to filing a dependency petition, the juvenile |
214 | probation officer may request the parent or legal guardian of |
215 | the child to attend a course of instruction in parenting skills, |
216 | training in conflict resolution, and the practice of |
217 | nonviolence; to accept counseling; or to receive other |
218 | assistance from any agency in the community which notifies the |
219 | clerk of the court of the availability of its services. Where |
220 | appropriate, the juvenile probation officer shall request both |
221 | parents or guardians to receive such parental assistance. The |
222 | juvenile probation officer may, in determining whether to |
223 | request that a delinquency petition be filed, take into |
224 | consideration the willingness of the parent or legal guardian to |
225 | comply with such request. The parent or guardian must provide |
226 | the juvenile probation officer with identifying information, |
227 | including the parent's or guardian's name, address, date of |
228 | birth, social security number, and driver's license number or |
229 | identification card number in order to comply with s. 985.2311 |
230 | ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d). |
231 | Section 3. Subsection (6) of section 985.215, Florida |
232 | Statutes, as amended by section 140 of chapter 2003-402, Laws of |
233 | Florida, is amended to read: |
234 | 985.215 Detention.-- |
235 | (6)(a) When any child is placed into secure, nonsecure, or |
236 | home detention care or into other placement for the purpose of |
237 | being supervised by the Department of Juvenile Justice pursuant |
238 | to a court order following a detention hearing, the court shall |
239 | order the parents or guardians of such child to pay to the |
240 | Department of Juvenile Justice fees as provided under s. |
241 | 985.2311 in the amount of $5 per day that the child is under the |
242 | care or supervision of the department in order to partially |
243 | offset the cost of the care, support, maintenance, and other |
244 | usual and ordinary obligations of parents to provide for the |
245 | needs of their children, unless the court makes a finding on the |
246 | record that the parent or guardian of the child is indigent. |
247 | (b) At the time of the detention hearing, the department |
248 | shall report to the court, verbally or in writing, any available |
249 | information concerning the ability of the parent or guardian of |
250 | the child to pay such fee. If the court makes a finding of |
251 | indigence, the parent or guardian shall pay to the department a |
252 | nominal subsistence fee of $2 per day that the child is securely |
253 | detained outside the home or $1 per day if the child is |
254 | otherwise detained in lieu of other fees related to the parent's |
255 | obligation for the child's cost of care. The nominal subsistence |
256 | fee may only be waived or reduced if the court makes a finding |
257 | that such payment would constitute a significant financial |
258 | hardship. Such finding shall be in writing and shall contain a |
259 | detailed description of the facts that led the court to make |
260 | both the finding of indigence and the finding of significant |
261 | financial hardship. |
262 | (c) In addition, the court may reduce the fees or waive |
263 | the fees as to each parent or guardian if the court makes a |
264 | finding on the record that the parent or guardian was the victim |
265 | of the delinquent act or violation of law for which the child is |
266 | detained and that the parent or guardian is cooperating in the |
267 | investigation of the offense. |
268 | (d) The court must include specific findings in the |
269 | detention order as to what fees are ordered, reduced, or waived. |
270 | If the court fails to enter an order as required by this |
271 | subsection, it shall be presumed that the court intended the |
272 | parent or guardian to pay to the department the fee of $5 per |
273 | day that the child remains in detention care. |
274 | (e) With respect to a child who has been found to have |
275 | committed a delinquent act or violation of law, whether or not |
276 | adjudication is withheld, and whose parent or guardian receives |
277 | public assistance for any portion of that child's care, the |
278 | department must seek a federal waiver to garnish or otherwise |
279 | order the payments of the portion of the public assistance |
280 | relating to that child to offset the costs of providing care, |
281 | custody, maintenance, rehabilitation, intervention, or |
282 | corrective services to the child. When the order affects the |
283 | guardianship estate, a certified copy of the order shall be |
284 | delivered to the judge having jurisdiction of the guardianship |
285 | estate. |
286 | (f) The clerk of the circuit court shall act as a |
287 | depository for these fees. Upon each payment received, the clerk |
288 | of the circuit court shall receive a fee from the total payment |
289 | of 3 percent of any payment made except that no fee shall be |
290 | less than $1 nor more than $5 per payment made. This fee shall |
291 | serve as a service charge for the administration, management, |
292 | and maintenance of each payment. At the end of each month, the |
293 | clerk of the circuit court shall send all money collected under |
294 | this section to the state Grants and Donations Trust Fund. |
295 | (g) The parent or guardian shall provide to the department |
296 | the parent's or guardian's name, address, social security |
297 | number, date of birth, and driver's license number or |
298 | identification card number and sufficient financial information |
299 | for the department to be able to determine the parent's or |
300 | guardian's ability to pay. If the parent or guardian refuses to |
301 | provide the department with any identifying information or |
302 | financial information, the court shall order the parent to |
303 | comply and may pursue contempt of court sanctions for failure to |
304 | comply. |
305 | (h) The department may employ a collection agency for the |
306 | purpose of receiving, collecting, and managing the payment of |
307 | unpaid and delinquent fees. The collection agency must be |
308 | registered and in good standing under chapter 559. The |
309 | department may pay to the collection agency a fee from the |
310 | amount collected under the claim or may authorize the agency to |
311 | deduct the fee from the amount collected. The department may |
312 | also pay for collection services from available authorized |
313 | funds. |
314 | (i) The department may enter into agreements with parents |
315 | or guardians to establish a schedule of periodic payments if |
316 | payment of the obligation in full presents an undue hardship. |
317 | Any such agreement may provide for payment of interest |
318 | consistent with prevailing loan rates. |
319 | (j) The Department of Juvenile Justice shall provide to |
320 | the payor documentation of any amounts paid by the payor to the |
321 | Department of Juvenile Justice on behalf of the child. All |
322 | payments received by the department pursuant to this subsection |
323 | shall be deposited in the state Grants and Donations Trust Fund. |
324 | Neither the court nor the department may extend the child's |
325 | length of stay in detention care solely for the purpose of |
326 | collecting fees. |
327 | Section 4. Paragraph (b) of subsection (1) of section |
328 | 985.231, Florida Statutes, as amended by section 141 of chapter |
329 | 2003-402, 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 |
333 | have committed a delinquent act and is placed on probation, |
334 | regardless of adjudication, under the supervision of or in the |
335 | temporary legal custody of the child has been placed with a |
336 | licensed child-caring agency or the Department of Juvenile |
337 | Justice, the court shall order the parents of such child to pay |
338 | fees to the department as provided under s. 985.2311 in the |
339 | amount of $5 per day that the child is under the care or |
340 | supervision of the department in order to partially offset the |
341 | cost of the care, support, maintenance, and other usual and |
342 | ordinary obligations of parents to provide for the needs of |
343 | their children while in the recommended residential commitment |
344 | level, unless the court makes a finding on the record that the |
345 | parent or guardian of the child is indigent. |
346 | 2. No later than the disposition hearing, the department |
347 | shall provide the court with information concerning the actual |
348 | cost of care, support, and maintenance of the child in the |
349 | recommended residential commitment level and concerning the |
350 | ability of the parent or guardian of the child to pay any fees. |
351 | If the court makes a finding of indigence, the parent or |
352 | guardianship shall pay to the department a nominal subsistence |
353 | fee of $2 per day that the child is committed outside the home |
354 | or $1 per day if the child is otherwise supervised in lieu of |
355 | other fees related to the parents' obligation for the child's |
356 | cost of care. The nominal subsistence fee may only be waived or |
357 | reduced if the court makes a finding that such payment would |
358 | constitute a significant financial hardship. Such finding shall |
359 | be in writing and shall contain a detailed description of the |
360 | facts that led the court to make both the finding of indigence |
361 | and the finding of significant financial hardship. |
362 | 3. In addition, the court may reduce the fees or waive the |
363 | fees as to each parent or guardian if the court makes a finding |
364 | on the record that the parent or guardian was the victim of the |
365 | delinquent act or violation of law for which the child is |
366 | subject to placement under this section and that the parent or |
367 | guardian has cooperated in the investigation and prosecution of |
368 | the offense. |
369 | 4. All orders committing a child to a residential |
370 | commitment program shall include specific findings as to what |
371 | fees are ordered, reduced, or waived. If the court fails to |
372 | enter an order as required by this paragraph, it shall be |
373 | presumed that the court intended the parent or guardian to pay |
374 | fees to the department in an amount of $5 per day related to the |
375 | care, support, and maintenance of the child. With regard to a |
376 | child who reaches the age of 18 prior to the disposition |
377 | hearing, the court may elect to direct an order required by this |
378 | paragraph to such child, rather than the parent or guardian. |
379 | With regard to a child who reaches the age of 18 while in the |
380 | custody of the department, the court may, upon proper motion of |
381 | any party, hold a hearing as to whether any party should be |
382 | further obligated respecting the payment of fees. When the order |
383 | affects the guardianship estate, a certified copy of the order |
384 | shall be delivered to the judge having jurisdiction of the |
385 | guardianship estate. |
386 | 5. The clerk of the circuit court shall act as a |
387 | depository for these fees. Upon each payment received, the clerk |
388 | of the circuit court shall receive a fee from the total payment |
389 | of 3 percent of any payment made except that no fee shall be |
390 | less than $1 nor more than $5 per payment made. This fee shall |
391 | serve as a service charge for the administration, management, |
392 | and maintenance of each payment. At the end of each month, the |
393 | clerk of the circuit court shall send all money collected under |
394 | this section to the state Grants and Donations Trust Fund. |
395 | 6. The parent or guardian shall provide to the department |
396 | the parent or guardian's name, address, social security number, |
397 | state of birth, and driver's license number or identification |
398 | card number and sufficient financial information for the |
399 | department to be able to determine the parent or guardian's |
400 | ability to pay. If the parent or guardian refuses to provide the |
401 | department with any identifying information or financial |
402 | information, the court shall order the parent to comply and may |
403 | pursue contempt of court sanctions for failure to comply. |
404 | 7. The department may employ a collection agency for the |
405 | purpose of receiving, collecting, and managing the payment of |
406 | unpaid and delinquent fees. The collection agency must be |
407 | registered and in good standing under chapter 559. The |
408 | department may pay to the collection agency a fee from the |
409 | amount collected under the claim or may authorize the agency to |
410 | deduct the fee from the amount collected. The department may |
411 | also pay for collection services from available authorized |
412 | funds. |
413 | 8. The department may enter into agreements with parents |
414 | or guardians to establish a schedule of periodic payments if |
415 | payment of the obligation in full presents an undue hardship. |
416 | Any such agreement may provide for payment of interests |
417 | consistent with prevailing loan rates. |
418 | 9. The Department of Juvenile Justice shall provide to the |
419 | payor documentation of any amounts paid by the payor to the |
420 | Department of Juvenile Justice on behalf of the child. All |
421 | payments received by the department pursuant to this subsection |
422 | shall be deposited in the state Grants and Donations Trust Fund. |
423 | 10. Neither the court nor the department may extend the |
424 | child's length of stay in placement care solely for the purpose |
425 | of collecting fees. |
426 | Section 5. Paragraph (d) of subsection (4) of section |
427 | 985.233, Florida Statutes, as amended by section 142 of chapter |
428 | 2003-402, Laws of Florida, is amended to read: |
429 | 985.233 Sentencing powers; procedures; alternatives for |
430 | juveniles prosecuted as adults.-- |
431 | (4) SENTENCING ALTERNATIVES.-- |
432 | (d) Recoupment of cost of care or supervision in juvenile |
433 | justice programs or facilities.-- |
434 | 1. When the court orders any child to be supervised by or |
435 | committed commitment of a child to the Department of Juvenile |
436 | Justice for treatment in any of the department's programs for |
437 | children, the court shall order the parents of such child to pay |
438 | fees as provided under s. 985.2311 in the amount of $5 per day |
439 | that the child is under the care or supervision of the |
440 | department in order to partially offset the cost of the care, |
441 | support, maintenance, and other usual and ordinary obligations |
442 | of parents to provide for the needs of their children, unless |
443 | the court makes a finding on the record that the parent or legal |
444 | guardian of the child is indigent. |
445 | 2. Prior to commitment, the department shall provide the |
446 | court with information concerning the actual cost of care in the |
447 | recommended residential commitment level and concerning the |
448 | ability of the parent or guardian of the child to pay specified |
449 | fees. If the court makes a finding of indigency, the parent or |
450 | guardian shall pay to the department a nominal subsistence fee |
451 | of $2 per day that the child is committed outside the home or $1 |
452 | per day if the child is otherwise supervised in lieu of other |
453 | fees related to the parent's obligation for the child's cost of |
454 | care. The nominal subsistence fee may only be waived or reduced |
455 | if the court makes a finding that such payment would constitute |
456 | a significant financial hardship. Such finding shall be in |
457 | writing and shall contain a detailed description of the facts |
458 | that led the court to make both the finding of indigency and the |
459 | finding of significant financial hardship. |
460 | 3. In addition, the court may reduce the fees or waive the |
461 | fees as to each parent or guardian if the court makes a finding |
462 | on the record that the parent or guardian was the victim of the |
463 | delinquent act or violation of law for which the child is |
464 | subject to commitment under this section and that the parent or |
465 | guardian has cooperated in the investigation and prosecution of |
466 | the offense. When the order affects the guardianship estate, a |
467 | certified copy of the order shall be delivered to the judge |
468 | having jurisdiction of the guardianship estate. |
469 | 4. All orders committing a child to a residential |
470 | commitment program shall include specific findings as to what |
471 | fees are ordered, reduced, or waived. If the court fails to |
472 | enter an order as required by this paragraph, it shall be |
473 | presumed that the court intended the parent or guardian to pay |
474 | fees to the department in an amount of $5 per day related to the |
475 | care, support, and maintenance of the child. With regard to a |
476 | child who reaches the age of 18 prior to the disposition |
477 | hearing, the court may elect to direct an order required by this |
478 | paragraph to such child, rather than the parent or guardian. |
479 | With regard to a child who reaches the age of 18 while in the |
480 | custody of the department, the court may, upon proper motion of |
481 | any party, hold a hearing as to whether any party should be |
482 | further obligated respecting the payment of fees. |
483 | 5. The clerk of the circuit court shall act as a |
484 | depository for these fees. Upon each payment received, the clerk |
485 | of the circuit court shall receive a fee from the total payment |
486 | of 3 percent of any payment made except that no fee shall be |
487 | less than $1 nor more than $5 per payment made. This fee shall |
488 | serve as a service charge for the administration, management, |
489 | and maintenance of each payment. At the end of each month, the |
490 | clerk of the circuit court shall send all money collected under |
491 | this section to the state Grants and Donations Trust Fund. |
492 | 6. The parent or guardian shall provide to the department |
493 | the parent or guardian's name, address, social security number, |
494 | date of birth, and driver's license number or identification |
495 | card number and sufficient financial information for the |
496 | department to be able to determine the parent or guardian's |
497 | ability to pay. If the parent or guardian refuses to provide the |
498 | department with any identifying information or financial |
499 | information, the court shall order the parent to comply and may |
500 | pursue contempt of court sanctions for failure to comply. |
501 | 7. The department may employ a collection agency for the |
502 | purpose of receiving, collecting, and managing the payment of |
503 | unpaid and delinquent fees. The collection agency must be |
504 | registered and in good standing under chapter 559. The |
505 | department may pay to the collection agency a fee from the |
506 | amount collected under the claim or may authorize the agency to |
507 | deduct the fee from the amount collected. The department may |
508 | also pay for collection services from available authorized |
509 | funds. The Department of Juvenile Justice shall provide to the |
510 | payor documentation of any amounts paid by the payor to the |
511 | Department of Juvenile Justice on behalf of the child. All |
512 | payments received by the department pursuant to this subsection |
513 | shall be deposited in the state Grants and Donations Trust Fund. |
514 | 8. Neither the court nor the department may extend the |
515 | child's length of stay in commitment care solely for the purpose |
516 | of collecting fees. |
517 |
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518 | It is the intent of the Legislature that the criteria and |
519 | guidelines in this subsection are mandatory and that a |
520 | determination of disposition under this subsection is subject to |
521 | the right of the child to appellate review under s. 985.234. |
522 | Section 6. Notwithstanding any contrary provision of s. |
523 | 985.2311, Florida Statutes, for the period beginning July 1, |
524 | 2004 through June 30, 2005, the court shall reduce the fees |
525 | required under that section for parents or guardians of children |
526 | whose cases come before the juvenile court in the Ninth Judicial |
527 | Circuit who successfully complete a voluntary parenting course |
528 | approved by the Department of Juvenile Justice. The amount of |
529 | the reduction shall be equivalent to 20 percent of the |
530 | obligation owed by the parent or guardian for such fees; |
531 | however, the total value of the reduction shall not exceed $450. |
532 | The parent or guardian shall be responsible for any balance of |
533 | fees associated with the cost of the child's supervision or care |
534 | that remains after the application of the reduction authorized |
535 | under this section. Any reduction in the amount of the |
536 | obligation owed by the parent or guardian pursuant to an order |
537 | of the court shall be contingent upon the agreement of the |
538 | parent or guardian to stay current in his or her obligation for |
539 | the remaining fees owed and to successfully complete the |
540 | parenting course and present the department with notarized |
541 | documentation of such completion. The court shall proceed under |
542 | its contempt authority against any parent or guardian who, after |
543 | having agreed to such conditions, fails to stay current in his |
544 | or her obligation for the remaining balance of fees or who fails |
545 | to successfully complete the parenting course. Upon a finding of |
546 | contempt, the court shall require the parent or guardian to pay |
547 | the full amount of the fees as provided under s. 985.2311, |
548 | Florida Statutes. A parent or guardian may only have fees |
549 | reduced under this section once. This section shall expire June |
550 | 30, 2005. |
551 | Section 7. This act shall take effect July 1, 2004. |