SB 1964                                          First Engrossed
       
       
       
       
       
       
       
       
       20121964e1
       
    1                        A bill to be entitled                      
    2         An act relating to court-related assessments; creating
    3         s. 28.2457, F.S.; providing for a monetary assessment
    4         mandated by statute to be imposed regardless of
    5         whether the assessment is announced in open court;
    6         providing guidelines for establishing the amount of a
    7         mandatory assessment under certain conditions;
    8         requiring the clerks of court to develop a uniform
    9         form to be used in identifying and imposing mandatory
   10         assessments; providing for the clerks to consult with
   11         the Office of the State Courts Administrator;
   12         providing for the Supreme Court to approve the form;
   13         defining terms; amending s. 28.246, F.S.; revising
   14         requirements for the clerks of court to report on the
   15         assessment and collection of certain fines or other
   16         monetary penalties, fees, costs, and charges;
   17         prescribing requirements for reporting certain
   18         assessments that are waived, suspended, or reduced;
   19         requiring the clerks to report collection rates;
   20         providing guidelines for calculating the collection
   21         rate; revising the timeframe for submitting the
   22         report; requiring the clerks, rather than the
   23         Department of Financial Services, to develop a
   24         reporting form and guidelines; providing for the
   25         clerks to consult with the Office of the State Courts
   26         Administrator; amending s. 28.42, F.S.; removing an
   27         obsolete date; providing for the clerks of court,
   28         rather than the Office of the State Courts
   29         Administrator, to prepare and disseminate a manual of
   30         filing fees, service charges, costs, and fines;
   31         revising requirements relating to the content and
   32         presentation of information in the manual; providing
   33         for the clerks to consult with the Office of the State
   34         Courts Administrator; providing for applicability of
   35         amendments made by the act; providing an effective
   36         date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 28.2457, Florida Statutes, is created to
   41  read:
   42         28.2457 Mandatory monetary assessments.—
   43         (1)(a) Except as otherwise provided by law, a monetary
   44  assessment mandated by statute shall be imposed and included in
   45  the judgment without regard to whether the assessment is
   46  announced in open court.
   47         (b) When an assessment mandated by statute prescribes a
   48  minimum assessment and a maximum assessment, or prescribes
   49  solely a minimum assessment, the minimum assessment is presumed
   50  and shall be imposed and included in the judgment, unless the
   51  court specifies a greater amount.
   52         (2) The clerks of court, through their association and in
   53  consultation with the Office of the State Courts Administrator,
   54  shall develop by October 1, 2012, a uniform form for the
   55  identification and imposition of all assessments mandated by
   56  statute. The clerks shall submit the form by that date, and by
   57  October 1 every year thereafter if necessary to reflect changes
   58  in the law, to the Supreme Court for approval. Upon approval of
   59  the form by the Supreme Court, all circuit and county courts
   60  shall use the form.
   61         (3) As used in this section, the term “monetary assessment”
   62  or “assessment” includes, but is not limited to, a fine or other
   63  monetary penalty, fee, service charge, or cost.
   64         Section 2. Section 28.246, Florida Statutes, is amended to
   65  read:
   66         28.246 Payment of court-related fines or other monetary
   67  penalties, fees, charges, and costs; partial payments;
   68  distribution of funds.—
   69         (1) The clerk of the circuit court shall report the
   70  following information to the Legislature and the Florida Clerks
   71  of Court Operations Corporation on a form, and using guidelines
   72  developed by the clerks of court, through their association and
   73  in consultation with the Office of the State Courts
   74  Administrator Department of Financial Services:
   75         (a) The total amount of mandatory fees, service charges,
   76  and costs; the total amount actually assessed; the total amount
   77  underassessed, if any, which is the amount less than the minimum
   78  amount required by law to be discharged, waived, or otherwise
   79  not assessed; and the total amount collected.
   80         (b) The total amount of discretionary fees, service
   81  charges, and costs assessed; the total amount discharged; and
   82  the total amount collected.
   83         (c) The total amount of mandatory fines and other monetary
   84  penalties; the total amount assessed; the total amount
   85  underassessed, if any, which is the amount less than the minimum
   86  amount required by law to be discharged, waived, or otherwise
   87  not assessed; and the total amount collected.
   88         (d) The total amount of discretionary fines and other
   89  monetary penalties assessed; the amount discharged; and the
   90  total amount collected.
   91  
   92  If provided to the clerk of court by the judge, The clerk, in
   93  reporting to the Legislature and corporation amount assessed,
   94  shall separately identify the monetary amount assessed and
   95  subsequently discharged or converted pursuant to s. 938.30 as
   96  community service,; assessed by reducing the amount to a
   97  judgment or lien, or to; satisfied by time served; or other. The
   98  form developed by the clerks Chief Financial Officer shall
   99  include separate entries for recording the amount discharged and
  100  the amount converted these amounts. If a court waives, suspends,
  101  or reduces an assessment as authorized by law, the portion
  102  waived, suspended, or reduced may not be deemed assessed or
  103  underassessed for purposes of the reporting requirements of this
  104  section. The clerk also shall report a collection rate for
  105  mandatory and discretionary assessments. In calculating the
  106  rate, the clerk shall deduct amounts discharged or converted
  107  from the amount assessed. The clerk shall submit the report on
  108  an annual basis 90 60 days after the end of the county fiscal
  109  year. The clerks and the courts shall develop by October 1,
  110  2012, the form and guidelines to govern the accurate and
  111  consistent reporting statewide of assessments as provided in
  112  this section. The clerk shall use the new reporting form and
  113  guidelines in submitting the report for the county fiscal year
  114  ending September 30, 2013, and for each year thereafter.
  115         (2) The clerk of the circuit court shall establish and
  116  maintain a system of accounts receivable for court-related fees,
  117  charges, and costs.
  118         (3) Court costs, fines, and other dispositional assessments
  119  shall be enforced by order of the courts, collected by the
  120  clerks of the circuit and county courts, and disbursed in
  121  accordance with authorizations and procedures as established by
  122  general law.
  123         (4) The clerk of the circuit court shall accept partial
  124  payments for court-related fees, service charges, costs, and
  125  fines in accordance with the terms of an established payment
  126  plan. An individual seeking to defer payment of fees, service
  127  charges, costs, or fines imposed by operation of law or order of
  128  the court under any provision of general law shall apply to the
  129  clerk for enrollment in a payment plan. The clerk shall enter
  130  into a payment plan with an individual who the court determines
  131  is indigent for costs. A monthly payment amount, calculated
  132  based upon all fees and all anticipated costs, is presumed to
  133  correspond to the person’s ability to pay if the amount does not
  134  exceed 2 percent of the person’s annual net income, as defined
  135  in s. 27.52(1), divided by 12. The court may review the
  136  reasonableness of the payment plan.
  137         (5) When receiving partial payment of fees, service
  138  charges, court costs, and fines, clerks shall distribute funds
  139  according to the following order of priority:
  140         (a) That portion of fees, service charges, court costs, and
  141  fines to be remitted to the state for deposit into the General
  142  Revenue Fund.
  143         (b) That portion of fees, service charges, court costs, and
  144  fines which are required to be retained by the clerk of the
  145  court or deposited into the Clerks of the Court Trust Fund
  146  within the Justice Administrative Commission.
  147         (c) That portion of fees, service charges, court costs, and
  148  fines payable to state trust funds, allocated on a pro rata
  149  basis among the various authorized funds if the total collection
  150  amount is insufficient to fully fund all such funds as provided
  151  by law.
  152         (d) That portion of fees, service charges, court costs, and
  153  fines payable to counties, municipalities, or other local
  154  entities, allocated on a pro rata basis among the various
  155  authorized recipients if the total collection amount is
  156  insufficient to fully fund all such recipients as provided by
  157  law.
  158  
  159  To offset processing costs, clerks may impose either a per-month
  160  service charge pursuant to s. 28.24(26)(b) or a one-time
  161  administrative processing service charge at the inception of the
  162  payment plan pursuant to s. 28.24(26)(c).
  163         (6) A clerk of court shall pursue the collection of any
  164  fees, service charges, fines, court costs, and liens for the
  165  payment of attorney attorney’s fees and costs pursuant to s.
  166  938.29 which remain unpaid after 90 days by referring the
  167  account to a private attorney who is a member in good standing
  168  of The Florida Bar or collection agent who is registered and in
  169  good standing pursuant to chapter 559. In pursuing the
  170  collection of such unpaid financial obligations through a
  171  private attorney or collection agent, the clerk of the court
  172  must have attempted to collect the unpaid amount through a
  173  collection court, collections docket, or other collections
  174  process, if any, established by the court, find this to be cost
  175  effective and follow any applicable procurement practices. The
  176  collection fee, including any reasonable attorney’s fee, paid to
  177  any attorney or collection agent retained by the clerk may be
  178  added to the balance owed in an amount not to exceed 40 percent
  179  of the amount owed at the time the account is referred to the
  180  attorney or agent for collection. The clerk shall give the
  181  private attorney or collection agent the application for the
  182  appointment of court-appointed counsel regardless of whether the
  183  court file is otherwise confidential from disclosure.
  184         Section 3. Section 28.42, Florida Statutes, is amended to
  185  read:
  186         28.42 Manual of court-related filing fees, charges, costs,
  187  and fines.—No later than July 1, 2004, The clerks of court,
  188  through their association and in consultation with the Office of
  189  the State Courts Administrator, shall prepare and disseminate a
  190  manual of court-related filing fees, service charges, costs, and
  191  fines imposed pursuant to state law, organized by county for
  192  each type of action and offense, and classified as either
  193  mandatory or discretionary. The manual also shall classify the
  194  fee, charge, cost, or fine as court-related revenue or noncourt
  195  related revenue. The clerks, through their association, Office
  196  of the State Courts Administrator shall disseminate this manual
  197  to the chief judge, state attorney, public defender, and court
  198  administrator in each circuit and to the clerk of the court in
  199  each county. The clerks, through their association and in
  200  consultation with the Office of the State Courts Administrator,
  201  shall at a minimum update and disseminate this manual on July 1
  202  of each year thereafter.
  203         Section 4. Notwithstanding the amendments made by this act
  204  to s. 28.246, Florida Statutes, the clerks of court shall use
  205  the reporting requirements, standards, and form prescribed in
  206  that section before July 1, 2012, for the report due for the
  207  county fiscal year ending September 30, 2012. The amendments
  208  made by this act to s. 28.246, Florida Statutes, apply beginning
  209  with the report for the county fiscal year ending September 30,
  210  2013.
  211         Section 5. This act shall take effect July 1, 2012.