Senate Bill sb2632

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    Florida Senate - 2004                                  SB 2632

    By Senator Crist





    12-1214-04

  1                      A bill to be entitled

  2         An act relating to the costs of juvenile

  3         supervision and detention; amending ss.

  4         985.215, 985.231, and 985.233, F.S.;

  5         authorizing the court to order the parent or

  6         guardian of a child taken into custody by, or

  7         placed under the supervision of, the Department

  8         of Juvenile Justice to pay for the cost of

  9         supervision or detention; creating s. 985.2311,

10         F.S.; specifying the daily fees for supervising

11         and caring for a child; requiring the court to

12         determine whether payment of the fees will

13         create a financial hardship for the parent or

14         guardian of a child; requiring the court to

15         reduce or waive the fees upon a finding of

16         indigency and significant financial hardship;

17         providing for a presumption requiring the

18         payment of fees if the court fails to enter an

19         order; requiring that the order be directed to

20         the child or guardianship estate under certain

21         circumstances; requiring that the department

22         seek a federal waiver and garnish payment of a

23         portion of public assistance if the parent or

24         guardian of the child receives public

25         assistance; requiring that payment be made to

26         the clerk of the circuit court; providing for

27         the clerk to retain a portion of the payment to

28         cover administrative costs; providing for

29         deposit of the fees into the Grants and

30         Donations Trust Fund; requiring the parent or

31         guardian to provide identifying information and

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    Florida Senate - 2004                                  SB 2632
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 1         financial information to the department;

 2         authorizing the department to employ a

 3         collection agency to collect and manage the

 4         payment of delinquent fees; requiring the

 5         department to document payments made on behalf

 6         of a child; prohibiting the court or the

 7         department from extending a child's detention

 8         solely for the purpose of collecting fees;

 9         providing that the parent, guardian, or child

10         is not liable for fees if the child is

11         acquitted or discharged; requiring a refund if

12         fees were paid; providing procedures for the

13         court in issuing an order for income deduction

14         against the parent or legal guardian of a

15         child; requiring notification of the parent or

16         legal guardian and specifying requirements

17         therefor; providing requirements for service of

18         the order and notice on the payor by the clerk

19         of the court; providing for a hearing on the

20         ground of mistake of fact regarding the amount

21         owed; providing requirements for the notice to

22         the payor; providing for enforcement against a

23         successor payor; prohibiting a payor from

24         taking certain actions against an employee

25         because of an income deduction order; providing

26         civil penalties; requiring the payor to notify

27         the clerk of the court of a successor payor, if

28         known; providing civil penalties; authorizing

29         the Department of Juvenile Justice to petition

30         the court for the suspension or denial of a

31         license or certificate of a parent or guardian

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    Florida Senate - 2004                                  SB 2632
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 1         who is delinquent in paying the costs of care;

 2         requiring notice of suspension or denial

 3         pursuant to court order; providing

 4         circumstances under which the court may find

 5         that is is inappropriate to deny or suspend a

 6         license or certificate; providing procedures

 7         for an order by the court that a parent or

 8         legal guardian surrender a license or

 9         certificate; providing for reinstatement upon

10         proof of payment; providing requirements for

11         serving notice on a parent or guardian;

12         providing for suspension of a driver's license

13         and motor vehicle registration by the

14         Department of Highway Safety and Motor

15         Vehicles; providing procedures by which a

16         parent or guardian may contest the delinquency

17         and intent to suspend; requiring an expedited

18         hearing and court order on the matter; amending

19         s. 322.058, F.S., relating to the suspension of

20         driving privileges due to support delinquency,

21         to conform; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (6) of section 985.215, Florida

26  Statutes, as amended by section 140 of chapter 2003-402, Laws

27  of Florida, is amended to read:

28         985.215  Detention.--

29         (6)(a)  When any child is placed into secure,

30  nonsecure, or home detention care, or into other placement

31  supervised by the Department of Juvenile Justice pursuant to a

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    Florida Senate - 2004                                  SB 2632
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 1  court order following a detention hearing, the court shall

 2  order the parents or guardians of such child to pay to the

 3  Department of Juvenile Justice fees under s. 985.2311 in the

 4  amount of $5 per day that the child is under the care or

 5  supervision of the department in order to partially offset the

 6  cost of the care, support, maintenance, and other usual and

 7  ordinary obligations of parents to provide for the needs of

 8  their children, unless the court makes a finding on the record

 9  that the parent or guardian of the child is indigent.

10         (b)  At the time of the detention hearing, the

11  department shall report to the court, verbally or in writing,

12  any available information concerning the ability of the parent

13  or guardian of the child to pay such fee. If the court makes a

14  finding of indigence, the parent or guardian shall pay to the

15  department a nominal subsistence fee of $2 per day that the

16  child is securely detained outside the home or $1 per day if

17  the child is otherwise detained in lieu of other fees related

18  to the parent's obligation for the child's cost of care. The

19  nominal subsistence fee may only be waived or reduced if the

20  court makes a finding that such payment would constitute a

21  significant financial hardship. Such finding shall be in

22  writing and shall contain a detailed description of the facts

23  that led the court to make both the finding of indigence and

24  the finding of significant financial hardship.

25         (c)  In addition, the court may reduce the fees or

26  waive the fees as to each parent or guardian if the court

27  makes a finding on the record that the parent or guardian was

28  the victim of the delinquent act or violation of law for which

29  the child is detained and that the parent or guardian is

30  cooperating in the investigation of the offense.

31  

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 1         (d)  The court must include specific findings in the

 2  detention order as to what fees are ordered, reduced, or

 3  waived.  If the court fails to enter an order as required by

 4  this subsection, it shall be presumed that the court intended

 5  the parent or guardian to pay to the department the fee of $5

 6  per day that the child remains in detention care.

 7         (e)  With respect to a child who has been found to have

 8  committed a delinquent act or violation of law, whether or not

 9  adjudication is withheld, and whose parent or guardian

10  receives public assistance for any portion of that child's

11  care, the department must seek a federal waiver to garnish or

12  otherwise order the payments of the portion of the public

13  assistance relating to that child to offset the costs of

14  providing care, custody, maintenance, rehabilitation,

15  intervention, or corrective services to the child. When the

16  order affects the guardianship estate, a certified copy of the

17  order shall be delivered to the judge having jurisdiction of

18  the guardianship estate.

19         (f)  The clerk of the circuit court shall act as a

20  depository for these fees.  Upon each payment received, the

21  clerk of the circuit court shall receive a fee from the total

22  payment of 3 percent of any payment made except that no fee

23  shall be less than $1 nor more than $5 per payment made.  This

24  fee shall serve as a service charge for the administration,

25  management, and maintenance of each payment.  At the end of

26  each month, the clerk of the circuit court shall send all

27  money collected under this section to the state Grants and

28  Donations Trust Fund.

29         (g)  The parent or guardian shall provide to the

30  department the parent's or guardian's name, address, social

31  security number, date of birth, and driver's license number or

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 1  identification card number and sufficient financial

 2  information for the department to be able to determine the

 3  parent's or guardian's ability to pay. If the parent or

 4  guardian refuses to provide the department with any

 5  identifying information or financial information, the court

 6  shall order the parent to comply and may pursue contempt of

 7  court sanctions for failure to comply.

 8         (h)  The department may employ a collection agency for

 9  the purpose of receiving, collecting, and managing the payment

10  of unpaid and delinquent fees. The collection agency must be

11  registered and in good standing under chapter 559. The

12  department may pay to the collection agency a fee from the

13  amount collected under the claim or may authorize the agency

14  to deduct the fee from the amount collected.  The department

15  may also pay for collection services from available authorized

16  funds.

17         (i)  The department may enter into agreements with

18  parents or guardians to establish a schedule of periodic

19  payments if payment of the obligation in full presents an

20  undue hardship.  Any such agreement may provide for payment of

21  interest consistent with prevailing loan rates.

22         (j)  The Department of Juvenile Justice shall provide

23  to the payor documentation of any amounts paid by the payor to

24  the Department of Juvenile Justice on behalf of the child. All

25  payments received by the department pursuant to this

26  subsection shall be deposited in the state Grants and

27  Donations Trust Fund.  Neither the court nor the department

28  may extend the child's length of stay in detention care solely

29  for the purpose of collecting fees.

30  

31  

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    Florida Senate - 2004                                  SB 2632
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 1         Section 2.  Paragraph (b) of subsection (1) of section

 2  985.231, Florida Statutes, as amended by section 141 of

 3  chapter 2003-402, Laws of Florida, is amended to read:

 4         985.231  Powers of disposition in delinquency cases.--

 5         (1)

 6         (b)1.  When any child is found adjudicated by the court

 7  to have committed a delinquent act and placed on probation,

 8  regardless of adjudication, under the Department of Juvenile

 9  Justice or in temporary legal custody of the child has been

10  placed with a licensed child-caring agency or the Department

11  of Juvenile Justice, the court shall order the parents or

12  guardians of such child to pay fees under s. 985.2311 to the

13  department in the amount of $5 per day that the child is under

14  the care or supervision of the department in order to

15  partially offset the cost of the care, support, maintenance,

16  and other usual and ordinary obligations of parents to provide

17  for the needs of their children while in the recommended

18  residential commitment level, unless the court makes a finding

19  on the record that the parent or guardian of the child is

20  indigent.

21         2.  No later than the disposition hearing, the

22  department shall provide the court with information concerning

23  the actual cost of care, support, and maintenance of the child

24  in the recommended residential commitment level and concerning

25  the ability of the parent or guardian of the child to pay any

26  fees. If the court makes a finding of indigence, the parent or

27  guardianship shall pay to the department a nominal subsistence

28  fee of $2 per day that the child is committed outside the home

29  or $1 per day if the child is otherwise supervised in lieu of

30  other fees related to the parents' obligation for the child's

31  cost of care. The nominal subsistence fee may only be waived

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 1  or reduced if the court makes a finding that such payment

 2  would constitute a significant financial hardship. Such

 3  finding shall be in writing and shall contain a detailed

 4  description of the facts that led the court to make both the

 5  finding of indigence and the finding of significant financial

 6  hardship.

 7         3.  In addition, the court may reduce the fees or waive

 8  the fees as to each parent or guardian if the court makes a

 9  finding on the record that the parent or guardian was the

10  victim of the delinquent act or violation of law for which the

11  child is subject to placement under this section and that the

12  parent or guardian has cooperated in the investigation and

13  prosecution of the offense.

14         4.  All orders committing a child to a residential

15  commitment program shall include specific findings as to what

16  fees are ordered, reduced, or waived. If the court fails to

17  enter an order as required by this paragraph, it shall be

18  presumed that the court intended the parent or guardian to pay

19  fees to the department in an amount of $5 per day related to

20  the care, support, and maintenance of the child. With regard

21  to a child who reaches the age of 18 prior to the disposition

22  hearing, the court may elect to direct an order required by

23  this paragraph to such child, rather than the parent or

24  guardian. With regard to a child who reaches the age of 18

25  while in the custody of the department, the court may, upon

26  proper motion of any party, hold a hearing as to whether any

27  party should be further obligated respecting the payment of

28  fees. When the order affects the guardianship estate, a

29  certified copy of the order shall be delivered to the judge

30  having jurisdiction of the guardianship estate.

31  

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 1         5.  The clerk of the circuit court shall act as a

 2  depository for these fees. Upon each payment received, the

 3  clerk of the circuit court shall receive a fee from the total

 4  payment of 3 percent of any payment made except that no fee

 5  shall be less than $1 nor more than $5 per payment made. This

 6  fee shall serve as a service charge for the administration,

 7  management, and maintenance of each payment. At the end of

 8  each month, the clerk of the circuit court shall send all

 9  money collected under this section to the state Grants and

10  Donations Trust Fund.

11         6.  The parent or guardian shall provide to the

12  department the parent or guardian's name, address, social

13  security number, state of birth, and driver's license number

14  or identification card number and sufficient financial

15  information for the department to be able to determine the

16  parent or guardian's ability to pay. If the parent or guardian

17  refuses to provide the department with any identifying

18  information or financial information, the court shall order

19  the parent to comply and may pursue contempt of court

20  sanctions for failure to comply.

21         7.  The department may employ a collection agency for

22  the purpose of receiving, collecting, and managing the payment

23  of unpaid and delinquent fees. The collection agency must be

24  registered and in good standing under chapter 559. The

25  department may pay to the collection agency a fee from the

26  amount collected under the claim or may authorize the agency

27  to deduct the fee from the amount collected. The department

28  may also pay for collection services from available authorized

29  funds.

30         8.  The department may enter into agreements with

31  parents or guardians to establish a schedule of periodic

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 1  payments if payment of the obligation in full presents an

 2  undue hardship. Any such agreement may provide for payment of

 3  interests consistent with prevailing loan rates.

 4         9.  The Department of Juvenile Justice shall provide to

 5  the payor documentation of any amounts paid by the payor to

 6  the Department of Juvenile Justice on behalf of the child. All

 7  payments received by the department pursuant to this

 8  subsection shall be deposited in the state Grants and

 9  Donations Trust Fund.

10         10.  Neither the court nor the department may extend

11  the child's length of stay in placement care solely for the

12  purpose of collecting fees.

13         Section 3.  Paragraph (d) of subsection (4) of section

14  985.233, Florida Statutes, as amended by section 142 of

15  chapter 2003-402, Laws of Florida, is amended to read:

16         985.233  Sentencing powers; procedures; alternatives

17  for juveniles prosecuted as adults.--

18         (4)  SENTENCING ALTERNATIVES.--

19         (d)  Recoupment of cost of supervision or care in

20  juvenile justice programs or facilities.--

21         1.  When the court orders supervision by or commitment

22  of a child to the Department of Juvenile Justice for treatment

23  in any of the department's programs for children, the court

24  shall order the parents or guardians of such child to pay fees

25  under s. 985.2311 in the amount of $5 per day that the child

26  is under the care or supervision of the department in order to

27  partially offset the cost of the care, support, maintenance,

28  and other usual and ordinary obligations of parents to provide

29  for the needs of their children, unless the court makes a

30  finding on the record that the parent or legal guardian of the

31  child is indigent.

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 1         2.  Prior to commitment, the department shall provide

 2  the court with information concerning the actual cost of care

 3  in the recommended residential commitment level and concerning

 4  the ability of the parent or guardian of the child to pay

 5  specified fees. If the court makes a finding of indigence, the

 6  parent or guardian shall pay to the department a nominal

 7  subsistence fee of $2 per day that the child is committed

 8  outside the home or $1 per day if the child is otherwise

 9  supervised in lieu of other fees related to the parent's

10  obligation for the child's cost of care. The nominal

11  subsistence fee may only be waived or reduced if the court

12  makes a finding that such payment would constitute a

13  significant financial hardship. Such finding shall be in

14  writing and shall contain a detailed description of the facts

15  that led the court to make both the finding of indigence and

16  the finding of significant financial hardship.

17         3.  In addition, the court may reduce the fees or waive

18  the fees as to each parent or guardian if the court makes a

19  finding on the record that the parent or guardian was the

20  victim of the delinquent act or violation of law for which the

21  child is subject to commitment under this section and that the

22  parent or guardian has cooperated in the investigation and

23  prosecution of the offense. When the order affects the

24  guardianship estate, a certified copy of the order shall be

25  delivered to the judge having jurisdiction of the guardianship

26  estate.

27         4.  All orders committing a child to a residential

28  commitment program shall include specific findings as to what

29  fees are ordered, reduced, or waived. If the court fails to

30  enter an order as required by this paragraph, it shall be

31  presumed that the court intended the parent or guardian to pay

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 1  fees to the department in an amount of $5 per day related to

 2  the care, support, and maintenance of the child. With regard

 3  to a child who reaches the age of 18 prior to the disposition

 4  hearing, the court may elect to direct an order required by

 5  this paragraph to such child, rather than the parent or

 6  guardian. With regard to a child who reaches the age of 18

 7  while in the custody of the department, the court may, upon

 8  proper motion of any party, hold a hearing as to whether any

 9  party should be further obligated respecting the payment of

10  fees.

11         5.  The clerk of the circuit court shall act as a

12  depository for these fees. Upon each payment received, the

13  clerk of the circuit court shall receive a fee from the total

14  payment of 3 percent of any payment made except that no fee

15  shall be less than $1 nor more than $5 per payment made. This

16  fee shall serve as a service charge for the administration,

17  management, and maintenance of each payment. At the end of

18  each month, the clerk of the circuit court shall send all

19  money collected under this section to the state Grants and

20  Donations Trust Fund.

21         6.  The parent or guardian shall provide to the

22  department the parent or guardian's name, address, social

23  security number, date of birth, and driver's license number or

24  identification card number and sufficient financial

25  information for the department to be able to determine the

26  parent or guardian's ability to pay. If the parent or guardian

27  refuses to provide the department with any identifying

28  information or financial information, the court shall order

29  the parent to comply and may pursue contempt of court

30  sanctions for failure to comply.

31  

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 1         7.  The department may employ a collection agency for

 2  the purpose of receiving, collecting, and managing the payment

 3  of unpaid and delinquent fees. The collection agency must be

 4  registered and in good standing under chapter 559. The

 5  department may pay to the collection agency a fee from the

 6  amount collected under the claim or may authorize the agency

 7  to deduct the fee from the amount collected. The department

 8  may also pay for collection services from available authorized

 9  funds. The Department of Juvenile Justice shall provide to the

10  payor documentation of any amounts paid by the payor to the

11  Department of Juvenile Justice on behalf of the child. All

12  payments received by the department pursuant to this

13  subsection shall be deposited in the state Grants and

14  Donations Trust Fund.

15         8.  Neither the court nor the department may extend the

16  child's length of stay in commitment care solely for the

17  purpose of collecting fees.

18  

19  It is the intent of the Legislature that the criteria and

20  guidelines in this subsection are mandatory and that a

21  determination of disposition under this subsection is subject

22  to the right of the child to appellate review under s.

23  985.234.

24         Section 4.  Section 985.2311, Florida Statutes, is

25  created to read:

26         985.2311  Cost of supervision; cost of care.--

27         (1)  When a child is placed into home detention,

28  probation, or other supervision status with the Department of

29  Juvenile Justice, regardless of adjudication, the court shall

30  order the parent or guardian to pay to the Department of

31  Juvenile Justice fees in the amount of $1 per day.

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 1         (2)  When a child is placed into secure detention or

 2  committed status and temporary legal custody is with the

 3  Department of Juvenile Justice, the court shall order the

 4  parent or guardian to pay to the Department of Juvenile

 5  Justice fees in the amount of $5 per day. At the time of the

 6  detention or disposition hearing the court shall receive from

 7  the parent or guardian, verbally or in writing, information

 8  concerning the ability of the parent or guardian to pay the

 9  fees and whether payment of the fees for the cost of care or

10  cost of supervision will create a significant financial

11  hardship. Such finding must be in writing and contain a

12  detailed description of the facts that led the court to make

13  both the finding of indigency and the finding of significant

14  financial hardship. If the court makes a finding of indigency

15  and significant financial hardship, the court shall reduce or

16  waive the fee.

17         (3)  In addition, the court may reduce the fees or

18  waive the fees as to each parent or guardian if the court

19  makes a finding on the record that the parent or guardian was

20  the victim of the delinquent act or violation of law for which

21  the child is detained, supervised, or committed and that the

22  parent or guardian is cooperating with the investigation of

23  the offense.

24         (4)  The court shall include specific findings in the

25  detention or disposition order as to what fees are ordered,

26  reduced, or waived. If the court fails to enter an order as

27  required by this section, it shall be presumed that the court

28  intended the parent or guardian to pay to the department a fee

29  in the amount of $5 for each day that the child remains in

30  detention status or in commitment and $1 each day that the

31  child is under home detention or probation supervision. With

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 1  regard to a child who reaches the age of 18 prior to the

 2  detention or disposition hearing, the court may elect to

 3  direct an order required by this subsection to the child

 4  rather than to the parent or guardian. With regard to a child

 5  who reaches 18 while under supervision or in the custody of

 6  the department, the court may, upon proper motion of any

 7  party, hold a hearing to determine whether any party should be

 8  further obligated with respect to the payment of fees. If the

 9  court does not address the issue of the child's age, it shall

10  be presumed that the court intended that the parent or

11  guardian continue to pay the fees. If the order affects the

12  guardianship estate, a certified copy of the order shall be

13  delivered to the judge having jurisdiction of the guardianship

14  estate.

15         (5)  With respect to a child who has been found to have

16  committed a delinquent act or violation of law, whether or not

17  adjudication is withheld, and whose parent or guardian

18  receives public assistance for any portion of that child's

19  care, the department must seek a federal waiver to garnish or

20  otherwise order payment of the portion of the public

21  assistance relating to that child to offset the cost of

22  providing supervision, care, custody, maintenance,

23  rehabilitation, intervention, or corrective services to the

24  child. If the order affects the guardianship estate, a

25  certified copy of the order shall be delivered to the judge

26  having jurisdiction of the guardian estate.

27         (6)  The clerk of the circuit court may act as a

28  depository for these fees. Upon each payment received, the

29  clerk of the circuit court shall receive a fee from the total

30  payment of 3 percent of any payment made, except that the fee

31  may not be less than $1 per each payment made. This fee shall

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 1  serve as a service charge for the administration, management,

 2  and maintenance of the payments. At the end of each month, the

 3  clerk of the circuit court shall send all moneys collected

 4  under this section to the state Grants and Donations Trust

 5  Fund.

 6         (7)  The parent or guardian shall provide to the

 7  department his or her name, address, social security number,

 8  date of birth, and driver's license number or identification

 9  card number and sufficient financial information so that the

10  court may determine the ability of the parent or guardian to

11  pay fees for the cost of supervision or cost of care. If the

12  parent or guardian refuses to provide the department with any

13  identifying information or financial information, the court

14  shall order the parent or guardian to comply and may pursue

15  contempt of court sanctions for failure to comply.

16         (8)  The department may employ a collection agency for

17  the purpose of receiving, collecting, and managing the payment

18  of unpaid and delinquent fees. The collection agency must be

19  registered and in good standing under chapter 559. The

20  department may pay to the collection agency a fee from the

21  amount collected under the claim or may authorize the agency

22  to deduct the fee from the amount collected. The department

23  may also pay for collection services from available authorized

24  funds. The Department of Juvenile Justice shall provide to the

25  payor documentation of any amounts paid by the payor to the

26  Department of Juvenile Justice on behalf of the child. All

27  payments received by the department pursuant to this

28  subsection shall be deposited in the state Grants and

29  Donations Trust Fund.

30  

31  

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 1         (9)  The court or the department may not extend a

 2  child's length of stay in detention or commitment care solely

 3  for the purpose of collecting fees.

 4         (10)  A parent, guardian, or child is not liable for

 5  fees for the cost of supervision or the cost of care if the

 6  child is acquitted or discharged. If any costs or fees have

 7  been paid, such fees shall be refunded.

 8         Section 5.  Authority to issue income deduction

 9  orders.--

10         (1)  ISSUANCE OF INCOME DEDUCTION ORDER WITH AN ORDER

11  FOR FEES TO OFFSET THE COST OF CARE.--

12         (a)  Upon notice to the parent or legal guardian and

13  entry of an order pursuant to section 985.2311, Florida

14  Statutes, the court shall enter a separate order for income

15  deduction against the parent or legal guardian of the child if

16  one has not been entered. The court may enter an order for

17  income deduction against either parent or both parents.

18         (b)  The order for income deduction shall direct a

19  payor to deduct from all income due and payable to the parent

20  or legal guardian the amount required by the court to meet the

21  parent's or guardian's obligation.

22         (c)  The income deduction order shall be effective so

23  long as the order upon which it is based is effective.

24         (d)  When the court orders the income deduction, the

25  court shall furnish to the parent or legal guardian a

26  statement of his or her rights, remedies, and duties in regard

27  to the income deduction order. The statement must indicate:

28         1.  All fees or interest to be imposed.

29         2.  The total amount of income to be deducted for each

30  pay period.

31  

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 1         3.  That the income deduction order applies to current

 2  and subsequent payors and periods of employment.

 3         4.  That a copy of the income deduction order will be

 4  served by the clerk of court on the payor or payors of the

 5  parent or legal guardian.

 6         5.  That enforcement of the income deduction order may

 7  be contested only on the ground of mistake of fact regarding

 8  the amount of fees owed.

 9         6.  That the parent or legal guardian is required to

10  notify the clerk of the court within 7 days after a change in

11  the parent's or legal guardian's address, payor, or the

12  address of his or her payor.

13         (2)  ENFORCEMENT OF INCOME DEDUCTION ORDERS.--

14         (a)  The clerk of the court shall serve an income

15  deduction order and the notice on the payor of the parent or

16  legal guardian unless the parent or legal guardian has applied

17  for a hearing to contest enforcement of the income deduction

18  order.

19         (b)1.  Service by or upon any person who is a party to

20  a proceeding under this section shall be made in the manner

21  prescribed in the Florida Rules of Civil Procedure for service

22  upon parties.

23         2.  Service upon the parent's or legal guardian's payor

24  or successor payor under this subsection shall be made by

25  prepaid certified mail, return receipt requested, or in the

26  manner prescribed in chapter 48, Florida Statutes.

27         (c)  The parent or legal guardian, within 15 days after

28  having an income deduction order entered against him or her,

29  may apply for a hearing to contest the enforcement of the

30  income deduction order on the ground of mistake of fact

31  regarding the amount owed. The timely request for a hearing

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 1  shall stay the service of an income deduction order on all

 2  payors of the parent or legal guardian until a hearing is held

 3  and a determination is made as to whether the enforcement of

 4  the income deduction order is proper.

 5         (d)  The notice to the payor shall contain only

 6  information necessary for the payor to comply with the income

 7  deduction order. The notice must:

 8         1.  Require the payor to deduct from the income of the

 9  parent or legal guardian the amount specified in the income

10  deduction order and to pay that amount to the clerk of the

11  court.

12         2.  Instruct the payor to implement the income

13  deduction order no later than the first payment date that

14  occurs more than 14 days after the date the income deduction

15  order is served on the payor.

16         3.  Instruct the payor to forward within 2 days after

17  each payment date to the clerk of the court the amount

18  deducted from the parent's or legal guardian's income and a

19  statement as to whether the amount totally or partially

20  satisfies the periodic amount specified in the income

21  deduction order.

22         4.  Specify that, if a payor fails to deduct the proper

23  amount from the income of the parent or legal guardian, the

24  payor is liable for the amount the payor should have deducted,

25  plus costs, interest, and reasonable attorney's fees.

26         5.  Provide that the payor may collect up to $5 against

27  the income of the parent or legal guardian to reimburse the

28  payor for administrative costs for the first income deduction

29  and up to $2 for each deduction thereafter.

30         6.  State that the income deduction order and the

31  notice to the payor are binding on the payor until further

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 1  notice by the court or until the payor no longer provides

 2  income to the parent or legal guardian.

 3         7.  Instruct the payor that, when he or she no longer

 4  provides income to the parent or legal guardian, the payor

 5  shall notify the clerk of the court and shall also provide the

 6  parent's or legal guardian's last known address and the name

 7  and address of the parent's or legal guardian's new payor, if

 8  known, and that, if the payor violates this subparagraph, the

 9  payor is subject to a civil penalty not to exceed $250 for the

10  first violation and $500 for any subsequent violation.

11         8.  State that the payor may not discharge, refuse to

12  employ, or take disciplinary action against the parent or

13  legal guardian because of the income deduction order, and

14  state that a violation of this subparagraph subjects the payor

15  to a civil penalty not to exceed $250 for the first violation

16  and $500 for any subsequent violation.

17         9.  Inform the payor that, if he or she receives income

18  deduction orders requiring that the income of two or more

19  parents or legal guardians be deducted and sent to the same

20  clerk of the court, the payor may combine the amounts that are

21  to be paid to the depository in a single payment as long as he

22  or she identifies that portion of the payment attributable to

23  each parent or legal guardian.

24         10.  Inform the payor that if the payor receives more

25  than one income deduction order against the same parent or

26  legal guardian, he or she must contact the court for further

27  instructions.

28         (e)  The clerk of the court shall enforce an income

29  deduction order against the parent's or legal guardian's

30  successor payor who is located in this state in the same

31  

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 1  manner prescribed in this subsection for the enforcement of an

 2  income deduction order against an original payor.

 3         (f)  An employer may not discharge, refuse to employ,

 4  or take disciplinary action against an employee because of the

 5  enforcement of an income deduction order. An employer who

 6  violates this paragraph is subject to a civil penalty not to

 7  exceed $250 for the first violation and $500 for any

 8  subsequent violation.

 9         (g)  When a payor no longer provides income to a parent

10  or legal guardian, the payor shall notify the clerk of the

11  court and shall provide the parent's or legal guardian's last

12  known address and the name and address of the successor payor

13  of the parent or legal guardian, if known. A payor who

14  violates this paragraph is subject to a civil penalty not to

15  exceed $250 for the first violation and $500 for a subsequent

16  violation.

17         Section 6.  Suspension of licenses for failure to pay

18  fees for the cost of care.--

19         (1)  The Department of Juvenile Justice may petition

20  the court that entered an order to pay the cost of care

21  pursuant to section 985.2311, Florida Statutes, for an order

22  to suspend or deny the license or certificate issued pursuant

23  to chapter 409, chapter 455, chapter 456, chapter 559, or

24  chapter 1012, Florida Statutes, of any parent or legal

25  guardian who is delinquent in his or her payment for the cost

26  of care.

27         (2)  The Department of Juvenile Justice shall give

28  notice to any parent or legal guardian when a delinquency

29  exists in the obligation. The notice must specify that the

30  parent or legal guardian has 30 days following the date on

31  which service of the notice is complete to pay the delinquency

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 1  or to reach an agreement with the department to pay the

 2  delinquency. The notice must specify that, if payment is not

 3  made or an agreement cannot be reached, a license or

 4  certificate may be denied or suspended pursuant to court

 5  order.

 6         (3)(a)  If a delinquency exists and the parent or legal

 7  guardian fails to pay the delinquency or reach an agreement to

 8  pay the delinquency within 30 days following completion of

 9  service of the notice of the delinquency, the department may

10  petition the court to deny the application for the license or

11  certificate or to suspend the license or certificate of the

12  parent or legal guardian. The court may find that it is

13  inappropriate to deny or suspend a license or certificate if

14  denial or suspension would:

15         1.  Result in irreparable harm to the parent or legal

16  guardian, or to employees of the parent or legal guardian; or

17         2.  Not accomplish the objective of collecting the

18  delinquency.

19         (b)  If the parent or legal guardian fails in the

20  defense of a petition for denial or suspension, the court that

21  entered the order shall enter an order to deny the application

22  for the license or certificate or to suspend the license or

23  certificate of the parent or legal guardian. In the case of

24  suspension, the court shall order the parent or legal guardian

25  to surrender the certificate or license to the Department of

26  Juvenile Justice or to the licensing board that issued the

27  license or certificate. In the case of denial, the court shall

28  order the appropriate department or licensing board to deny

29  the application.

30         (4)  If the court denies or suspends a license or

31  certificate and the parent or legal guardian subsequently pays

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 1  the delinquency or reaches an agreement with the department to

 2  settle the delinquency and makes the first payment required by

 3  the agreement, the license or certificate shall be issued or

 4  reinstated upon written proof to the court that the parent or

 5  legal guardian has complied with the court order. Proof of

 6  payment shall consist of a certified copy of the payment

 7  record issued by the clerk of the court. The court shall order

 8  the appropriate department or licensing board to issue or

 9  reinstate the license or certificate without additional charge

10  to the parent or legal guardian.

11         (5)  Notice shall be served under this section by

12  mailing it by certified mail, return receipt requested, to the

13  parent or legal guardian at his or her last address of record.

14  When service of the notice is made by mail, service is

15  complete upon the receipt of the notice by the parent or legal

16  guardian.

17         (6)  The driver's license and motor vehicle

18  registration of a parent or legal guardian who is delinquent

19  in payment may be suspended. When a parent or legal guardian

20  is 30 days delinquent making a payment, the Department of

21  Juvenile Justice may provide notice to the parent or legal

22  guardian of the delinquency by regular United States mail that

23  is posted to the parent's or guardian's last address of record

24  with the Department of Highway Safety and Motor Vehicles. The

25  notice must state:

26         (a)  The terms of the order creating the obligation;

27         (b)  The period of the delinquency and the total amount

28  of the delinquency as of the date of the notice;

29         (c)  That notification will be given to the Department

30  of Highway Safety and Motor Vehicles to suspend the obligor's

31  driver's license and motor vehicle registration unless, within

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 1  20 days after the date the notice is mailed, the parent or

 2  legal guardian:

 3         1.a.  Pays the delinquency in full and any other costs

 4  and fees accrued between the date of the notice and the date

 5  the delinquency is paid;

 6         b.  Enters into a written agreement for payment with

 7  the department; or

 8         c.  Files a petition with the circuit court to contest

 9  the delinquency action; and

10         2.  Pays any applicable delinquency fees.

11         (7)  If the parent or legal guardian does not, within

12  20 days after the mailing date on the notice, pay the

13  delinquency, enter into a payment agreement, or file a motion

14  to contest the delinquency, the Department of Juvenile Justice

15  shall file the notice with the Department of Highway Safety

16  and Motor Vehicles and request the suspension of the parent's

17  or legal guardian's driver's license and motor vehicle

18  registration in accordance with section 322.058, Florida

19  Statutes.

20         (8)  The parent or legal guardian may, within 20 days

21  after the mailing date on the notice of delinquency, file in

22  the circuit court a petition to contest the notice of

23  delinquency and intent to suspend on the ground of mistake of

24  fact regarding the existence of a delinquency or the identity

25  of the parent or legal guardian. The parent or legal guardian

26  must serve a copy of the petition on the Department of

27  Juvenile Justice. When a parent or legal guardian timely files

28  a petition to contest, the court must hear the matter within

29  15 days after the petition is filed. The court must enter an

30  order resolving the matter within 10 days after the hearing,

31  and a copy of the order must be served on the parties. The

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 1  timely filing of a petition to contest stays the notice of

 2  delinquency and intent to suspend until the entry of a court

 3  order resolving the matter.

 4         Section 7.  Section 322.058, Florida Statutes, is

 5  amended to read:

 6         322.058  Suspension of driving privileges due to

 7  support delinquency; reinstatement.--

 8         (1)  When the department receives notice from the

 9  Department of Juvenile Justice, the Title IV-D agency or

10  depository, or the clerk of the court that any person licensed

11  to operate a motor vehicle in the State of Florida under the

12  provisions of this chapter has a delinquent support obligation

13  or has failed to comply with a subpoena, order to appear,

14  order to show cause, or similar order, the department shall

15  suspend the driver's license of the person named in the notice

16  and the registration of all motor vehicles owned by that

17  person.

18         (2)  The department must reinstate the driving

19  privilege and allow registration of a motor vehicle when the

20  Department of Juvenile Justice, the Title IV-D agency in IV-D

21  cases or the depository, or the clerk of the court in non-IV-D

22  cases provides to the department an affidavit stating that:

23         (a)  The person has paid the delinquency;

24         (b)  The person has reached a written agreement for

25  payment with the Department of Juvenile Justice, the Title

26  IV-D agency, or the obligee in non-IV-D cases;

27         (c)  A court has entered an order granting relief to

28  the obligor ordering the reinstatement of the license and

29  motor vehicle registration; or

30         (d)  The person has complied with the subpoena, order

31  to appear, order to show cause, or similar order.

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 1         (3)  The department shall not be held liable for any

 2  license or vehicle registration suspension resulting from the

 3  discharge of its duties under this section.

 4         (4)  This section applies only to the annual renewal in

 5  the owner's birth month of a motor vehicle registration and

 6  does not apply to the transfer of a registration of a motor

 7  vehicle sold by a motor vehicle dealer licensed under chapter

 8  320, except for the transfer of registrations which is

 9  inclusive of the annual renewals. This section does not affect

10  the issuance of the title to a motor vehicle, notwithstanding

11  s. 319.23(7)(b).

12         Section 8.  This act shall take effect July 1, 2004.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides for the court to order the parent or guardian of
      a child taken into custody by, or placed under the
17    supervision of, the Department of Juvenile Justice to pay
      for the cost of supervision or detention. Provides for a
18    fee of $1 per day for home detention, probation, or other
      supervision. Provides for a fee of $5 per day for secure
19    detention or other commitment. Requires the court to
      reduce or waive the fee upon a finding of indigency and
20    significant financial hardship. Provides for the
      garnishment of public assistance payments. Authorizes the
21    department to employ a collection agency to collect and
      manage the payment of delinquent fees. Provides for the
22    court to issue an order for income deduction and provides
      for notifying the payor. Authorizes the department to
23    petition the court for the suspension or denial of a
      license or certificate of a parent or guardian who is
24    delinquent in paying the costs of care. Provides for
      suspension of the driver's license and motor vehicle
25    registration of the parent or guardian by the Department
      of Highway Safety and Motor Vehicles. (See bill for
26    details.)

27  

28  

29  

30  

31  

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