| 1 | A bill to be entitled |
| 2 | An act relating to the collection of court-related fees, |
| 3 | service charges, costs, and fines by circuit courts and |
| 4 | county courts; amending s. 938.30, F.S.; requiring certain |
| 5 | persons who owe court-related fees, service charges, |
| 6 | costs, and fines to appear before the court; amending s. |
| 7 | 938.301, F.S.; requiring each circuit court to implement |
| 8 | the Comprehensive Court Enforcement Program; amending s. |
| 9 | 939.185, F.S.; requiring the clerk of courts to record in |
| 10 | the official record a certified copy of any court order |
| 11 | imposing additional court costs; providing that the court |
| 12 | order constitutes a lien against the person upon whom the |
| 13 | costs are imposed and attaches as a lien on any real and |
| 14 | personal property owned by the person; providing an |
| 15 | exception; requiring the Legislature to establish a joint |
| 16 | select committee to review methods of collecting court- |
| 17 | related fees, service charges, costs, and fines used by |
| 18 | circuit courts and county courts; providing for |
| 19 | appointment of committee members; providing for |
| 20 | designation of a chair and vice chair; requiring the |
| 21 | committee to submit recommendations for a uniform |
| 22 | statewide method for collecting such court-related fees, |
| 23 | service charges, costs, and fines; providing an effective |
| 24 | date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Subsection (2) of section 938.30, Florida |
| 29 | Statutes, is amended to read: |
| 30 | 938.30 Financial obligations in criminal cases; |
| 31 | supplementary proceedings.-- |
| 32 | (2) The court shall may require a person who is not a |
| 33 | state inmate and who is liable for payment of an obligation to |
| 34 | appear and be examined under oath concerning the person's |
| 35 | financial ability to pay the obligation. The judge may convert |
| 36 | the statutory financial obligation into a court-ordered |
| 37 | obligation to perform community service after examining a person |
| 38 | under oath and determining a person's inability to pay. Any |
| 39 | person failing to attend a hearing may be arrested on warrant or |
| 40 | capias which may be issued by the clerk upon order of the court. |
| 41 | Section 2. Section 938.301, Florida Statutes, is amended |
| 42 | to read: |
| 43 | 938.301 Judicial oversight and jurisdiction.--The |
| 44 | Comprehensive Court Enforcement Program shall may be implemented |
| 45 | as supplementary proceedings in each any judicial circuit by the |
| 46 | chief judge of that circuit. Judges in such circuits shall have |
| 47 | jurisdiction to carry out the provisions of this section act in |
| 48 | criminal cases to ensure compliance with court-imposed financial |
| 49 | obligations. |
| 50 | Section 3. Paragraph (d) is added to subsection (1) of |
| 51 | section 939.185, Florida Statutes, to read: |
| 52 | 939.185 Assessment of additional court costs and |
| 53 | surcharges.-- |
| 54 | (1) |
| 55 | (d) The clerk of courts shall cause a certified copy of |
| 56 | the court order imposing such costs to be recorded in the |
| 57 | official records, which shall constitute a lien against the |
| 58 | person upon whom the costs are imposed, and shall attach as a |
| 59 | lien on any real and personal property owned by the person. Any |
| 60 | lien created against real and personal property is enforceable |
| 61 | in the same manner as provided by law. A lien created under this |
| 62 | section does not attach to, or make subject to execution of levy |
| 63 | or foreclosure, any real or personal property otherwise exempted |
| 64 | by s. 4, Art. X of the State Constitution. |
| 65 | Section 4. The Legislature shall establish a joint select |
| 66 | committee to review the methods currently used by each circuit |
| 67 | court and county court in this state to collect court-related |
| 68 | fees, service charges, costs, and fines. The committee shall |
| 69 | consist of 13 members, of whom five shall be senators appointed |
| 70 | by the President of the Senate, with three being members of the |
| 71 | majority party and two being members of the minority party, and |
| 72 | eight shall be representatives appointed by the Speaker of the |
| 73 | House of Representatives, with five being members of the |
| 74 | majority party and three being members of the minority party. |
| 75 | The committee chair and vice chair shall be designated jointly |
| 76 | by the President of the Senate and the Speaker of the House of |
| 77 | Representatives. The committee shall review for a period of 1 |
| 78 | year methods used by the circuit courts and county courts in |
| 79 | this state to collect court-related fees, service charges, |
| 80 | costs, and fines. The committee shall determine how these funds |
| 81 | may be used to create designated funding for the judiciary, |
| 82 | after which the committee shall submit recommendations to the |
| 83 | President of the Senate and the Speaker of the House of |
| 84 | Representatives as to an effective uniform statewide method for |
| 85 | collecting court-related fees, service charges, costs, and fines |
| 86 | to be mandated for all circuit courts and county courts and |
| 87 | clerks of such courts. |
| 88 | Section 5. This act shall take effect July 1, 2009. |