Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 1960
                                Barcode 268200                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             02/23/2012 05:59 PM       .                                

       Senator Siplin moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 218 and 219
    4  insert:
    5         Section 4. Subsection (6) of section 28.246, Florida
    6  Statutes, is amended to read:
    7         28.246 Payment of court-related fees, charges, and costs;
    8  partial payments; distribution of funds.—
    9         (6) A clerk of court shall pursue the collection of any
   10  fees, service charges, fines, court costs, and liens for the
   11  payment of attorney’s fees and costs pursuant to s. 938.29 which
   12  remain unpaid after 90 days by referring the account to a
   13  private attorney who is a member in good standing of The Florida
   14  Bar or collection agent who is registered and in good standing
   15  pursuant to chapter 559. In pursuing the collection of such
   16  unpaid financial obligations through a private attorney or
   17  collection agent, the clerk of the court must have attempted to
   18  collect the unpaid amount through a collection court,
   19  collections docket, or other collections process, if any,
   20  established by the court, find this to be cost-effective and
   21  follow any applicable procurement practices. The collection fee,
   22  including any reasonable attorney’s fee, paid to any attorney or
   23  collection agent retained by the clerk may be added to the
   24  balance owed in an amount not to exceed 25 40 percent of the
   25  amount owed at the time the account is referred to the attorney
   26  or agent for collection. The clerk shall give the private
   27  attorney or collection agent the application for the appointment
   28  of court-appointed counsel regardless of whether the court file
   29  is otherwise confidential from disclosure.
   30         Section 5. For the purpose of incorporating the amendment
   31  made by this act to section 28.246, Florida Statutes, in a
   32  reference thereto, subsection (1) of section 34.191, Florida
   33  Statutes, is reenacted to read:
   34         34.191 Fines and forfeitures; dispositions.—
   35         (1) All fines and forfeitures arising from offenses tried
   36  in the county court shall be collected and accounted for by the
   37  clerk of the court and, other than the charge provided in s.
   38  318.1215, disbursed in accordance with ss. 28.2402, 34.045,
   39  142.01, and 142.03 and subject to the provisions of s. 28.246(5)
   40  and (6). Notwithstanding the provisions of this section, all
   41  fines and forfeitures arising from operation of the provisions
   42  of s. 318.1215 shall be disbursed in accordance with that
   43  section.
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   48         Delete line 17
   49  and insert:
   51         payment in excess of the flat fee established by law;
   52         amending s. 28.246, F.S.; providing that the
   53         collection fee, including a reasonable attorney fee,
   54         paid to an attorney or collection agent retained by
   55         the clerk may not exceed 25 percent rather than 40
   56         percent of the amount owed at the time the account is
   57         referred to the attorney or agent for collection;
   58         reenacting s. 34.191(1), F.S., relating to fines, to
   59         incorporate the amendment made to s. 28.246, F.S., in
   60         a reference thereto;