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. |