Senate Bill 0462c1

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    Florida Senate - 1998                            CS for SB 462

    By the Committee on Criminal Justice and Senator Crist





    307-2087A-98

  1                      A bill to be entitled

  2         An act relating to collection of court costs

  3         and fines; creating the "Comprehensive Court

  4         Enforcement Program Act"; providing legislative

  5         intent; creating s. 938.30, F.S.; providing for

  6         supplementary proceedings for enforcement of

  7         court-ordered payment of financial obligations

  8         in criminal cases; providing for examination

  9         under oath regarding a person's ability to pay

10         financial obligations in a criminal case;

11         providing for reduction of the obligation based

12         on a person's ability to pay; providing for

13         service or actual notice of orders to appear;

14         providing for taking of testimony; providing

15         for orders that nonexempt property in the hands

16         of another be applied toward satisfying an

17         obligation; providing for a judgment of civil

18         lien; providing for applicability of the

19         Uniform Fraudulent Transfer Act in certain

20         collection matters; providing for payment

21         schedules; providing for civil contempt

22         sanctions for failure to appear or comply with

23         certain orders; providing for specified

24         enforcement costs and fees and attorney's fees

25         to be assessed to offset the costs of operating

26         the program; providing for the use of special

27         masters; providing that the clerk of court

28         shall make quarterly reports to the chief

29         judge; permitting county commissions to refer

30         certain court-imposed financial obligations to

31         collection agents; permitting use of the new

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    Florida Senate - 1998                            CS for SB 462
    307-2087A-98




  1         provisions in addition to or in lieu of other

  2         provisions of law; providing for certain court

  3         orders; providing an effective date.

  4

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

  6

  7         Section 1.  Short title.--This act may be cited as the

  8  "Comprehensive Court Enforcement Program Act."

  9         Section 2.  Legislative intent.--Florida's judiciary

10  routinely enters judgments and court orders in criminal cases

11  setting forth court costs, fines, and fees against litigants

12  pursuant to statutory law. The enforcement of such court

13  orders is crucial to ensure respect for the rule of law and

14  credibility of the court. Uncollected fines, fees, and court

15  costs are more than lost revenue; they represent a court order

16  ignored, an unobeyed sentence, and the punished going

17  unpunished. To ensure that noncompliers fulfill their

18  financial obligations under all sentences and court orders

19  imposed, this act is designed to satisfy the need for

20  enforcement of such sentences and court orders through

21  aggressive followup in a manner most appropriate for courts

22  and their respective communities, to set reasonable parameters

23  for compliance, collect offenders' financial obligations to

24  the state, and to increase respect for the law.

25         Section 3.  Judicial oversight and jurisdiction.--The

26  Comprehensive Court Enforcement Program may be implemented as

27  supplementary proceedings in any judicial circuit by the chief

28  judge of that circuit. Judges in such circuits shall have

29  jurisdiction to carry out the provisions of this act in

30  criminal cases to ensure compliance with court-imposed

31  financial obligations.

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    Florida Senate - 1998                            CS for SB 462
    307-2087A-98




  1         Section 4.  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. Courts operating under the

  8  provisions of this section shall have jurisdiction over such

  9  court-imposed financial obligations to ensure compliance.

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

11  obligation to appear and be examined under oath concerning the

12  person's financial ability to pay the obligation. The court

13  may reduce a person's court-ordered financial obligation based

14  on the court's determination of the person's ability to pay

15  the obligation. Any person who fails to attend a hearing may

16  be arrested on warrant or capias, which may be issued by the

17  clerk upon order of the court.

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

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

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

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

22  notice.

23         (4)  Testimony may be taken regarding any subject

24  relevant to the financial interests of the person tending to

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

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

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

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

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

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

31  satisfying the obligation.

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    Florida Senate - 1998                            CS for SB 462
    307-2087A-98




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

  2  court-imposed financial obligation, the court may enter

  3  judgment thereon and issue any writ necessary to enforce the

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

  5  issued under this section constitutes a civil lien against the

  6  judgment debtor's presently owned or after-acquired property

  7  when recorded pursuant to s. 55.10. Supplementary proceedings

  8  undertaken by any governmental entity to satisfy a judgment

  9  imposed pursuant to this section may proceed without bond.

10         (7)  Provisions of the Uniform Fraudulent Transfer Act

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

12  to collect any court-imposed financial obligation subject to

13  this section.

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

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

16  payment schedule to satisfy the obligation.

17         (9)  Any person who fails to appear or willfully fails

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

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

20  contempt.

21         (10)  Administrative costs incurred in enforcing

22  compliance under this section may be assessed against the

23  person. Such costs may include postage, copying, docketing

24  fees, service fees, and court reporter's fees. Reasonable

25  attorney's fees may be assessed at the court's discretion.

26  Judges may assess such administrative costs and attorney's

27  fees against the person as the court deems necessary to offset

28  such costs incurred under this section.

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

30  section to a special master, who shall report findings and

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    Florida Senate - 1998                            CS for SB 462
    307-2087A-98




  1  make recommendations to the court. The court shall act on such

  2  recommendations within a reasonable amount of time.

  3         (12)  A record of court-imposed financial obligations

  4  collected by the clerk of court under the provisions of this

  5  section shall be reported quarterly by the clerk of court to

  6  the chief judge of the judicial circuit.

  7         (13)  Court-imposed financial obligations arising from

  8  criminal cases which are past due and which have been reduced

  9  to judgment by the court may be referred by the county

10  commission to a collection agent who is registered and in good

11  standing pursuant to chapter 559 or to a private attorney.

12  Such referrals must be made in accordance with established bid

13  practices.

14         (14)  The provisions of this section may be used in

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

16  enforcing payment of court-imposed financial obligations in

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

18  carry out the purposes of this section.

19         Section 5.  This act shall take effect upon becoming a

20  law.

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    Florida Senate - 1998                            CS for SB 462
    307-2087A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 462

  3

  4  .    Authorizes the court to require a person ordered to pay a
         financial obligation in any criminal case to appear
  5       before it and be examined under oath concerning the
         person's financial ability to pay the obligation.
  6
    .    Authorizes the court to reduce the obligation based on
  7       its determination of the person's ability to pay.

  8  .    Provides that any person who fails to attend a hearing
         may be arrested on a warrant or capias.
  9
    .    Provides that testimony may be taken regarding any
10       subject relevant to the person's financial interests.
         Other witnesses may be examined; documents or other
11       exhibits may be produced as evidence.

12  .    Authorizes the court to order any nonexempt property of
         the person, "which is in the hands of another" to be
13       applied toward satisfying the obligation.

14  .    Provides that the Uniform Fraudulent Transfer Act applies
         to collection matters under the newly created section and
15       may be used to collect any court-imposed financial
         obligation under the section.
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    .    Authorizes holding a person in civil contempt for failure
17       to appear or willful failure to comply with an order,
         including an order to comply with a payment schedule.
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    .    Authorizes assessment of "administrative costs" against
19       the person, including such things as docketing fees,
         service fees, and court reporter fees. Authorizes
20       assessment of "reasonable attorney's fees."

21  .    Authorizes court referral of a proceeding to a special
         master who in turn may report findings and make
22       recommendations to the court.

23  .    Requires the clerk of court make a quarterly report of
         court-imposed financial obligations which it collects
24       pursuant to the section.

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