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 shallmayrequire 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 shallmaybe implemented 46 as supplementary proceedings in eachanyjudicial circuit by the 47 chief judge of that circuit. Judges in such circuitsshallhave 48 jurisdiction to carry out the provisions of this sectionactin 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.