House Bill 3557

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    Florida House of Representatives - 1998                HB 3557

        By Representative Villalobos






  1                      A bill to be entitled

  2         An act relating to collection of court costs

  3         and fines; creating s. 938.30, F.S.; providing

  4         for supplementary proceedings for enforcement

  5         of court-ordered payment of financial

  6         obligations in criminal cases; providing for

  7         examination under oath regarding a person's

  8         ability to pay financial obligations in a

  9         criminal case; providing for service or actual

10         notice of orders to appear; providing for

11         taking of testimony; providing for orders that

12         nonexempt property in the hands of another be

13         applied toward satisfying an obligation;

14         providing for a judgment of civil lien;

15         providing for applicability of the Uniform

16         Fraudulent Transfer Act in certain collection

17         matters; providing for payment schedules;

18         providing for civil contempt sanctions for

19         failure to appear or comply with certain

20         orders; providing for specified enforcement

21         costs and fees to be assessed; providing for

22         attorney's fees; providing for the use of

23         special masters; providing for construction;

24         permitting use of the new provisions in

25         addition to or in lieu of other provisions of

26         law; providing for certain court orders;

27         providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

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    Florida House of Representatives - 1998                HB 3557

    509-156-98






  1         Section 1.  Section 938.30, Florida Statutes, is

  2  created to read:

  3         938.30  Court-imposed financial obligations in criminal

  4  cases; supplementary proceedings.--

  5         (1)  Any person who has been ordered to pay any

  6  financial obligation in any criminal case is subject to the

  7  provisions of this section.

  8         (2)  The court may require a person ordered to pay an

  9  obligation to appear and be examined under oath concerning the

10  person's financial ability to pay the obligation.  Any person

11  failing to attend a hearing may be arrested on warrant or

12  capias which may be issued by the clerk upon order of the

13  court.

14         (3)  The order requiring the person's appearance shall

15  be served a reasonable time before the date of the examination

16  in the manner provided for service of summons, as provided for

17  service of papers under rules of civil procedure, or by actual

18  notice.

19         (4)  Testimony may be taken regarding any subject

20  relevant to the financial interests of the person tending to

21  aid in satisfying the obligation. Other witnesses who may have

22  information relevant to the issue of the person's ability or

23  lack of ability to pay the obligation may be examined.

24  Documents and other exhibits may also be produced as evidence.

25         (5)  The court may order that any nonexempt property of

26  the person which is in the hands of another be applied toward

27  satisfying the obligation.

28         (6)  If judgment has not been previously entered on any

29  court-imposed financial obligation, the court may enter

30  judgment thereon and issue any writ necessary to enforce the

31  judgment in the manner allowed in civil cases. Any judgment

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    Florida House of Representatives - 1998                HB 3557

    509-156-98






  1  issued under this section constitutes a civil lien against the

  2  judgment debtor's presently owned or after-acquired property.

  3  Supplementary proceedings to satisfy a judgment imposed

  4  pursuant to this section undertaken by any governmental entity

  5  may proceed without bond.

  6         (7)  Provisions of the Uniform Fraudulent Transfer Act

  7  apply to collection matters under this section and may be used

  8  to collect any court-imposed financial obligation subject to

  9  this section.

10         (8)  In lieu of examining the person, or in addition

11  thereto, the court may order the person to comply with a

12  payment schedule to satisfy the obligation.

13         (9)  Any person failing to appear or willfully failing

14  to comply with an order under this section, including an order

15  to comply with a payment schedule, may be held in civil

16  contempt.

17         (10)  Costs incurred in enforcing compliance under this

18  section may be taxed against the person. Such costs may

19  include postage, copying, docketing fees, service fees, and

20  court reporter's fees. Reasonable attorney's fees may be

21  assessed at the court's discretion.

22         (11)  The court may refer any proceeding under this

23  section to a special master who shall report findings and make

24  recommendations to the court.

25         (12)  The provisions of this section may be used in

26  addition to, or in lieu of, other provisions of law for

27  enforcing payment of court-imposed financial obligations in

28  criminal cases. The court may enter any orders necessary to

29  carry out the purposes of this section.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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    Florida House of Representatives - 1998                HB 3557

    509-156-98






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  2                          HOUSE SUMMARY

  3
      Provides for supplementary proceedings for enforcement of
  4    court-ordered payment of financial obligations in
      criminal cases. Provides for examination under oath
  5    regarding a person's ability to pay the financial
      obligation. Provides for service or actual notice of
  6    orders to appear. Provides for taking of testimony.
      Provides for orders that nonexempt property in the hands
  7    of another be applied to satisfy an obligation. Provides
      for a judgment of civil lien. Provides for applicability
  8    of the Uniform Fraudulent Transfer Act in collection
      matters. Provides for payment schedules. Provides for
  9    civil contempt sanctions for failure to appear or comply
      with certain orders. Provides for specified enforcement
10    costs and fees to be assessed. Provides for attorney's
      fees. Provides for the use of special masters. Provides
11    for construction. Permits use of the new provisions in
      addition to or in lieu of other provisions of law.
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