Florida Senate - 2009                                     SB 248
       
       
       
       By Senator Ring
       
       
       
       
       32-00041-09                                            2009248__
    1                        A bill to be entitled                      
    2         An act relating to the collection of court-related
    3         fees, service charges, costs, and fines by circuit
    4         courts and county courts; amending s. 938.30, F.S.;
    5         requiring certain persons who owe court-related fees,
    6         service charges, costs, and fines to appear before the
    7         court; amending s. 938.301, F.S.; requiring each
    8         circuit court to implement the Comprehensive Court
    9         Enforcement Program; amending s. 939.185, F.S.;
   10         requiring the clerk of the court to record in the
   11         official record a certified copy of any court order
   12         imposing additional court costs; providing that the
   13         court order constitutes a lien against the person upon
   14         whom the costs are imposed and attaches as a lien on
   15         any real and personal property owned by the person;
   16         providing an exception; requiring the Legislature to
   17         establish a joint select committee to review methods
   18         of collecting court-related fees, service charges,
   19         costs, and fines used by circuit courts and county
   20         courts; providing for appointment of committee
   21         members; providing for designation of a chair and vice
   22         chair; requiring the committee to submit
   23         recommendations for a uniform statewide method for
   24         collecting such court-related fees, service charges,
   25         costs, and fines; providing an effective date.
   26         
   27  Be It Enacted by the Legislature of the State of Florida:
   28         
   29         Section 1. Subsection (2) of section 938.30, Florida
   30  Statutes, is amended to read:
   31         938.30 Financial obligations in criminal cases;
   32  supplementary proceedings.—
   33         (2) The court shall may require a person who is not a state
   34  inmate and who is liable for payment of an obligation to appear
   35  and be examined under oath concerning the person's financial
   36  ability to pay the obligation. The judge may convert the
   37  statutory financial obligation into a court-ordered obligation
   38  to perform community service after examining a person under oath
   39  and determining a person's inability to pay. Any person failing
   40  to attend a hearing may be arrested on warrant or capias which
   41  may be issued by the clerk upon order of the court.
   42         Section 2. Section 938.301, Florida Statutes, is amended to
   43  read:
   44         938.301 Judicial oversight and jurisdiction.—The
   45  Comprehensive Court Enforcement Program shall may be implemented
   46  as supplementary proceedings in each any judicial circuit by the
   47  chief judge of that circuit. Judges in such circuits shall have
   48  jurisdiction to carry out the provisions of this section act in
   49  criminal cases to ensure compliance with court-imposed financial
   50  obligations.
   51         Section 3. Paragraph (d) is added to subsection (1) of
   52  section 939.185, Florida Statutes, to read:
   53         939.185 Assessment of additional court costs and
   54  surcharges.—
   55         (1)
   56         (d)The clerk of the court shall record in the official
   57  records a certified copy of the court order imposing such costs,
   58  which constitutes a lien against the person upon whom the costs
   59  are imposed, and attachs as a lien on any real and personal
   60  property owned by the person. Any lien created against real and
   61  personal property is enforceable in the same manner as provided
   62  by law. A lien created under this section does not attach to, or
   63  make subject to execution of levy or foreclosure, any real or
   64  personal property otherwise exempted by s. 4, Art. X of the
   65  State Constitution.
   66         Section 4. The Legislature shall establish a joint select
   67  committee to review the methods currently used by each circuit
   68  court and county court in this state to collect court-related
   69  fees, service charges, costs, and fines. The committee shall
   70  consist of 13 members, of whom five shall be Senators appointed
   71  by the President of the Senate and eight shall be
   72  Representatives appointed by the Speaker of the House of
   73  Representatives. The committee chair and vice chair shall be
   74  designated jointly by the President of the Senate and the
   75  Speaker of the House of Representatives. The committee shall
   76  review for a period of 1 year methods used by the circuit courts
   77  and county courts in this state to collect court-related fees,
   78  service charges, costs, and fines, after which the committee
   79  shall submit recommendations to the President of the Senate and
   80  the Speaker of the House of Representatives as to an effective
   81  uniform, statewide method for collecting court-related fees,
   82  service charges, costs, and fines to be mandated for all circuit
   83  courts and county courts and clerks of such courts.
   84         Section 5. This act shall take effect July 1, 2009.