| 1 | A bill to be entitled |
| 2 | An act relating to costs of prosecution; amending s. |
| 3 | 28.246, F.S.; providing for remittance of the costs of |
| 4 | prosecution to a specified trust fund; providing for |
| 5 | collection of costs of prosecution; amending s. 903.286, |
| 6 | F.S.; providing for the withholding of unpaid costs of |
| 7 | prosecution from the return of a cash bond posted on |
| 8 | behalf of a criminal defendant; requiring a notice on bond |
| 9 | forms of such possible withholding; amending s. 938.27, |
| 10 | F.S.; providing liability for the cost of prosecution for |
| 11 | persons whose cases are disposed of under specified |
| 12 | provisions; requiring courts to impose the costs of |
| 13 | prosecution and investigation; requiring that costs of |
| 14 | prosecution and investigation not be converted to any form |
| 15 | of court-ordered community service; amending s. 985.032, |
| 16 | F.S.; providing for assessment of costs of prosecution |
| 17 | against a juvenile who has been adjudicated delinquent or |
| 18 | has adjudication of delinquency withheld; providing an |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsections (5) and (6) of section 28.246, |
| 24 | Florida Statutes, are amended to read: |
| 25 | 28.246 Payment of court-related fees, charges, and costs; |
| 26 | partial payments; distribution of funds.- |
| 27 | (5) When receiving partial payment of fees, service |
| 28 | charges, court costs, and fines, clerks shall distribute funds |
| 29 | according to the following order of priority: |
| 30 | (a) That portion of fees, service charges, court costs, |
| 31 | and fines to be remitted to the state for deposit into the |
| 32 | General Revenue Fund and that portion of costs of prosecution to |
| 33 | be remitted to the State Attorneys Revenue Trust Fund. |
| 34 | (b) That portion of fees, service charges, court costs, |
| 35 | and fines which are required to be retained by the clerk of the |
| 36 | court or deposited into the Clerks of the Court Trust Fund |
| 37 | within the Justice Administrative Commission. |
| 38 | (c) Except as provided in paragraph (a), that portion of |
| 39 | fees, service charges, court costs, and fines payable to state |
| 40 | trust funds, allocated on a pro rata basis among the various |
| 41 | authorized funds if the total collection amount is insufficient |
| 42 | to fully fund all such funds as provided by law. |
| 43 | (d) That portion of fees, service charges, court costs, |
| 44 | and fines payable to counties, municipalities, or other local |
| 45 | entities, allocated on a pro rata basis among the various |
| 46 | authorized recipients if the total collection amount is |
| 47 | insufficient to fully fund all such recipients as provided by |
| 48 | law. |
| 49 |
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| 50 | To offset processing costs, clerks may impose either a per-month |
| 51 | service charge pursuant to s. 28.24(26)(b) or a one-time |
| 52 | administrative processing service charge at the inception of the |
| 53 | payment plan pursuant to s. 28.24(26)(c). |
| 54 | (6) A clerk of court shall pursue the collection of any |
| 55 | fees, service charges, fines, court costs, costs of prosecution, |
| 56 | and liens for the payment of attorney's fees and costs pursuant |
| 57 | to s. 938.29 which remain unpaid after 90 days by referring the |
| 58 | account to a private attorney who is a member in good standing |
| 59 | of The Florida Bar or collection agent who is registered and in |
| 60 | good standing pursuant to chapter 559. In pursuing the |
| 61 | collection of such unpaid financial obligations through a |
| 62 | private attorney or collection agent, the clerk of the court |
| 63 | must have attempted to collect the unpaid amount through a |
| 64 | collection court, collections docket, or other collections |
| 65 | process, if any, established by the court, find this to be cost- |
| 66 | effective and follow any applicable procurement practices. The |
| 67 | collection fee, including any reasonable attorney's fee, paid to |
| 68 | any attorney or collection agent retained by the clerk may be |
| 69 | added to the balance owed in an amount not to exceed 40 percent |
| 70 | of the amount owed at the time the account is referred to the |
| 71 | attorney or agent for collection. The clerk shall give the |
| 72 | private attorney or collection agent the application for the |
| 73 | appointment of court-appointed counsel regardless of whether the |
| 74 | court file is otherwise confidential from disclosure. |
| 75 | Section 2. Section 903.286, Florida Statutes, is amended |
| 76 | to read: |
| 77 | 903.286 Return of cash bond; requirement to withhold |
| 78 | unpaid fines, fees, court costs; cash bond forms.- |
| 79 | (1) Notwithstanding s. 903.31(2), the clerk of the court |
| 80 | shall withhold from the return of a cash bond posted on behalf |
| 81 | of a criminal defendant by a person other than a bail bond agent |
| 82 | licensed pursuant to chapter 648 sufficient funds to pay any |
| 83 | unpaid costs of prosecution, court fees, court costs, and |
| 84 | criminal penalties. If sufficient funds are not available to pay |
| 85 | all unpaid costs of prosecution, court fees, court costs, and |
| 86 | criminal penalties, the clerk of the court shall immediately |
| 87 | obtain payment from the defendant or enroll the defendant in a |
| 88 | payment plan pursuant to s. 28.246. |
| 89 | (2) All cash bond forms used in conjunction with the |
| 90 | requirements of s. 903.09 must prominently display a notice |
| 91 | explaining that all funds are subject to forfeiture and |
| 92 | withholding by the clerk of the court for the payment of costs |
| 93 | of prosecution, court fees, court costs, and criminal penalties |
| 94 | on behalf of the criminal defendant regardless of who posted the |
| 95 | funds. |
| 96 | Section 3. Subsections (1) and (2) of section 938.27, |
| 97 | Florida Statutes, are amended to read: |
| 98 | 938.27 Judgment for costs on conviction.- |
| 99 | (1) In all criminal and violation-of-probation or |
| 100 | community-control cases, convicted persons and persons whose |
| 101 | cases are disposed of pursuant to s. 948.08(6)(c) or s. |
| 102 | 948.16(2) are liable for payment of the costs of prosecution, |
| 103 | including investigative costs incurred by law enforcement |
| 104 | agencies, by fire departments for arson investigations, and by |
| 105 | investigations of the Department of Financial Services or the |
| 106 | Office of Financial Regulation of the Financial Services |
| 107 | Commission, if requested by such agencies. The court shall |
| 108 | include these costs in every judgment rendered against the |
| 109 | convicted person. For purposes of this section, "convicted" |
| 110 | means a determination of guilt, or of violation of probation or |
| 111 | community control, which is a result of a plea, trial, or |
| 112 | violation proceeding, regardless of whether adjudication is |
| 113 | withheld. |
| 114 | (2)(a) Notwithstanding any other provision of law, court |
| 115 | rule, or administrative order, the court shall impose the costs |
| 116 | of prosecution and investigation. Costs of prosecution and |
| 117 | investigation shall not be converted to any form of court- |
| 118 | ordered community service in lieu of this statutory financial |
| 119 | obligation. |
| 120 | (b)(a) The court shall impose the costs of prosecution and |
| 121 | investigation notwithstanding the defendant's present ability to |
| 122 | pay. The court shall require the defendant to pay the costs |
| 123 | within a specified period or in specified installments. |
| 124 | (c)(b) The end of such period or the last such installment |
| 125 | shall not be later than: |
| 126 | 1. The end of the period of probation or community |
| 127 | control, if probation or community control is ordered; |
| 128 | 2. Five years after the end of the term of imprisonment |
| 129 | imposed, if the court does not order probation or community |
| 130 | control; or |
| 131 | 3. Five years after the date of sentencing in any other |
| 132 | case. |
| 133 |
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| 134 | However, in no event shall the obligation to pay any unpaid |
| 135 | amounts expire if not paid in full within the period specified |
| 136 | in this paragraph. |
| 137 | (d)(c) If not otherwise provided by the court under this |
| 138 | section, costs shall be paid immediately. |
| 139 | Section 4. Section 985.032, Florida Statutes, is amended |
| 140 | to read: |
| 141 | 985.032 Legal representation for delinquency cases.- |
| 142 | (1) For cases arising under this chapter, the state |
| 143 | attorney shall represent the state. |
| 144 | (2) A juvenile who has been adjudicated delinquent or has |
| 145 | adjudication of delinquency withheld shall be assessed costs of |
| 146 | prosecution as provided in s. 938.27. |
| 147 | Section 5. This act shall take effect July 1, 2011. |