Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1636
285804
Senate
Comm: RCS
3/25/2008
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House
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The Committee on Judiciary (Ring) recommended the following
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amendment:
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Senate Amendment (with title amendment)
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On line 15,
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insert:
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Section 1. Subsection (2) of section 938.30, Florida
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Statutes, is amended to read:
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938.30 Financial obligations in criminal cases;
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supplementary proceedings.--
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(2) The court shall may require a person who is not a state
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inmate and who is liable for payment of an obligation to appear
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and be examined under oath concerning the person's financial
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ability to pay the obligation. The judge may convert the
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statutory financial obligation into a court-ordered obligation to
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perform community service after examining a person under oath and
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determining a person's inability to pay. Any person failing to
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attend a hearing may be arrested on warrant or capias which may
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be issued by the clerk upon order of the court.
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Section 2. Section 938.301, Florida Statutes, is amended to
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read:
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938.301 Judicial oversight and jurisdiction.--The
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Comprehensive Court Enforcement Program shall may be implemented
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as supplementary proceedings in each any judicial circuit by the
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chief judge of that circuit. Judges in such circuits shall have
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jurisdiction to carry out the provisions of this act in criminal
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cases to ensure compliance with court-imposed financial
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obligations.
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Section 3. Paragraph (d) is added to subsection (1) of
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section 939.185, Florida Statutes, to read:
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939.185 Assessment of additional court costs and
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surcharges.--
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(1)
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(d) The clerk of courts shall cause a certified copy of the
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court order imposing such costs, to be recorded in the public
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records which shall constitute a lien against the person upon
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whom the costs are imposed, and shall attach as a lien on any
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real and personal property owned by the person. Any lien created
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against real and personal property is enforceable in the same
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manner as provided by law. A lien created under this section does
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not attach to, or make subject to execution of levy or
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foreclosure, any real or personal property otherwise exempted by
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s. 4, Art. X of the State Constitution.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete lines 2 and 3
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and insert:
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An act relating to collection of court-related fees,
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service charges, costs, and fines by circuit courts and
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county courts; amending s. 938.30, F.S.; requiring all
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persons other than state inmates who owe court-related
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fees, service charges, costs, and fines to appear before
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the court; amending s. 938.301, F.S.; requiring each
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circuit court to implement the Comprehensive Court
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Enforcement Program; amending s. 939.185, F.S.; requiring
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the clerk of courts to record in the public record a
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certified copy of any court order imposing additional
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court costs; providing that the court order constitutes a
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lien against the person upon whom the costs are imposed
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and attaches as a lien on any real and personal property
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owned by the person; providing an exception; requiring the
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Legislature to establish a
3/24/2008 10:59:00 AM 32-05518-08
CODING: Words stricken are deletions; words underlined are additions.