| 1 | The Conference Committee on HB 1851 offered the following: |
| 2 |
|
| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 985.2311, Florida Statutes, is created |
| 6 | to read: |
| 7 | 985.2311 Cost of supervision; cost of care.-- |
| 8 | (1) Except as provided in subsection (3) or subsection |
| 9 | (4): |
| 10 | (a) When any child is placed into home detention, |
| 11 | probation, or other supervision status with the Department of |
| 12 | Juvenile Justice, the court shall order the parent of such child |
| 13 | to pay to the department a fee for the cost of the supervision |
| 14 | of such child in the amount of $1 per day for each day that the |
| 15 | child is in supervision status. |
| 16 | (b) When any child is placed into secure detention or |
| 17 | placed on committed status and the temporary legal custody of |
| 18 | such child is placed with the Department of Juvenile Justice, |
| 19 | the court shall order the parent of such child to pay to the |
| 20 | department a fee for the cost of the care of such child in the |
| 21 | amount of $5 per day for each day that the child is in the |
| 22 | temporary legal custody of the department. |
| 23 | (2) The parent of any child who has been placed under the |
| 24 | supervision or care of the department shall provide to the |
| 25 | department his or her name, address, social security number, |
| 26 | date of birth, driver's license number or identification card |
| 27 | number, and sufficient financial information so as to assist the |
| 28 | court in determining the parent's ability to pay any fee |
| 29 | associated with the cost of the child's supervision or care. If |
| 30 | the parent refuses to provide the department with the |
| 31 | information required by this subsection, the court shall order |
| 32 | the parent to provide such information. The failure of the |
| 33 | parent to comply with such order of the court constitutes |
| 34 | contempt of court, and the court may punish the parent |
| 35 | accordingly. |
| 36 | (3) At the time of any detention or disposition hearing, |
| 37 | the court shall receive the information described in subsection |
| 38 | (2), as well as any other verbal or written information offered |
| 39 | as to the ability of the parent of a child who is being placed |
| 40 | under the supervision or care of the department to pay any fee |
| 41 | imposed pursuant to this section and whether the payment of such |
| 42 | fee will create a significant financial hardship. The court may |
| 43 | apportion the obligation for the fee to each parent in a manner |
| 44 | it deems appropriate; however, the total amount of the daily fee |
| 45 | may not exceed the amounts specified in this section. Any |
| 46 | finding made by the court as to the ability of the parent to pay |
| 47 | such fee, including any finding of indigency or significant |
| 48 | financial hardship, shall be in writing and shall contain a |
| 49 | detailed description of the facts supporting such finding. If |
| 50 | the court makes a finding of indigency and significant financial |
| 51 | hardship, the court shall waive the fee or reduce it to an |
| 52 | amount deemed appropriate. |
| 53 | (4) Notwithstanding subsection (3), the court may reduce |
| 54 | or waive the fee as to each parent if the court makes a finding |
| 55 | on the record that the parent was the victim of the delinquent |
| 56 | act or violation of law for which the child has been placed |
| 57 | under the supervision or care of the department and that the |
| 58 | parent is cooperating or has cooperated with the investigation |
| 59 | of the offense. |
| 60 | (5) The court shall order the payment of any fees required |
| 61 | in this section as part of the detention or disposition order. |
| 62 | Such order must include specific written findings as to what |
| 63 | fees are ordered, reduced, or waived. If the court fails to |
| 64 | enter an order as required by this section, the parent is deemed |
| 65 | to have an obligation to pay to the department a fee in the |
| 66 | amount of $1 per day for each day that the child is under the |
| 67 | supervision of the department and $5 per day for each day that |
| 68 | the child remains in the care of the department. |
| 69 | (6) Notwithstanding subsection (1), with respect to a |
| 70 | child who reaches the age of 18 prior to the detention or |
| 71 | disposition hearing, the court may elect to direct an order |
| 72 | required by this section to such child, rather than to the |
| 73 | child's parent. With regard to a child who reaches 18 while |
| 74 | under the supervision or care of the department, the court may, |
| 75 | upon proper motion of any party, hold a hearing as to whether |
| 76 | any party should be further obligated to pay any fee associated |
| 77 | with cost of the supervision or care of such child. If the court |
| 78 | does not enter an order under this subsection, it shall be |
| 79 | presumed that the court intended for the parent to pay or to |
| 80 | continue to pay the fees specified in this section. Any order |
| 81 | entered pursuant to this subsection must include specific |
| 82 | findings as to what fees are ordered, reduced, or waived as to |
| 83 | the child. |
| 84 | (7) With respect to a child who has been placed under the |
| 85 | supervision or care of the department and whose parent receives |
| 86 | public assistance for any portion of such child's care, the |
| 87 | department must seek a federal waiver to garnish or otherwise |
| 88 | order the payment of a portion of the public assistance relating |
| 89 | to such child, in an amount not to exceed the amount of the |
| 90 | parent's obligation, in order to offset the costs to the |
| 91 | department associated with providing supervision or care of such |
| 92 | child. |
| 93 | (8) If any order entered pursuant to this section affects |
| 94 | the guardianship of an estate, a certified copy of such order |
| 95 | shall be delivered to the judge having jurisdiction over the |
| 96 | guardianship of the estate. |
| 97 | (9) The department may employ a collection agency for the |
| 98 | purpose of receiving, collecting, and managing the payment of |
| 99 | any fees ordered pursuant to this section that have gone |
| 100 | delinquent or unpaid for 90 days or more. The collection agency |
| 101 | must be registered and in good standing under chapter 559. The |
| 102 | department may pay for the services of the collection agency |
| 103 | from available authorized funds or from funds generated by any |
| 104 | collections under this subsection. Alternatively, the department |
| 105 | may authorize the collection agency to withhold a specified |
| 106 | amount of any fee collected as payment for its services. |
| 107 | (10) The department or the collection agency shall provide |
| 108 | to the payor documentation of the payment of any fee paid |
| 109 | pursuant to this section. Except as provided in subsection (9), |
| 110 | all payments received by the department or the collection agency |
| 111 | pursuant to this section shall be deposited in the state Grants |
| 112 | and Donations Trust Fund within the Department of Juvenile |
| 113 | Justice. |
| 114 | (11) Under no circumstance shall the court or the |
| 115 | department extend the child's length of stay in the department's |
| 116 | supervision or care solely for the purpose of collecting the |
| 117 | fees specified in this section. |
| 118 | (12) No parent or child shall be liable for any fee |
| 119 | provided in this section unless: |
| 120 | (a) The child is adjudicated delinquent, or has |
| 121 | adjudication of delinquency withheld, for the offense that gave |
| 122 | rise to the supervision or care; or |
| 123 | (b) The child is found to have violated an order of the |
| 124 | court, including any order of supervision or care, and the costs |
| 125 | are associated with the violation of such order. |
| 126 |
|
| 127 | If any funds are paid for the supervision or care of a child who |
| 128 | is determined not to meet the criteria specified in paragraph |
| 129 | (a) or paragraph (b), such funds shall be refunded to the payor |
| 130 | forthwith. |
| 131 | (13) For purposes of this section, "parent" means any |
| 132 | person who meets the definition of "parent" or "legal custody or |
| 133 | guardian" in s. 985.03. |
| 134 | Section 2. Subsection (5) of section 985.21, Florida |
| 135 | Statutes, is amended to read: |
| 136 | 985.21 Intake and case management.-- |
| 137 | (5) Prior to requesting that a delinquency petition be |
| 138 | filed or prior to filing a dependency petition, the juvenile |
| 139 | probation officer may request the parent or legal guardian of |
| 140 | the child to attend a course of instruction in parenting skills, |
| 141 | training in conflict resolution, and the practice of |
| 142 | nonviolence; to accept counseling; or to receive other |
| 143 | assistance from any agency in the community which notifies the |
| 144 | clerk of the court of the availability of its services. Where |
| 145 | appropriate, the juvenile probation officer shall request both |
| 146 | parents or guardians to receive such parental assistance. The |
| 147 | juvenile probation officer may, in determining whether to |
| 148 | request that a delinquency petition be filed, take into |
| 149 | consideration the willingness of the parent or legal guardian to |
| 150 | comply with such request. The parent or guardian must provide |
| 151 | the juvenile probation officer with identifying information, |
| 152 | including the parent's or guardian's name, address, date of |
| 153 | birth, social security number, and driver's license number or |
| 154 | identification card number in order to comply with s. 985.2311 |
| 155 | ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d). |
| 156 | Section 3. Subsection (6) of section 985.215, Florida |
| 157 | Statutes, as amended by section 140 of chapter 2003-402, Laws of |
| 158 | Florida, is amended to read: |
| 159 | 985.215 Detention.-- |
| 160 | (6)(a) When any child is placed into secure, nonsecure, or |
| 161 | home detention care or into other placement for the purpose of |
| 162 | being supervised by the Department of Juvenile Justice pursuant |
| 163 | to a court order following a detention hearing, the court shall |
| 164 | order the parents or guardians of such child to pay to the |
| 165 | Department of Juvenile Justice fees as provided under s. |
| 166 | 985.2311 in the amount of $5 per day that the child is under the |
| 167 | care or supervision of the department in order to partially |
| 168 | offset the cost of the care, support, maintenance, and other |
| 169 | usual and ordinary obligations of parents to provide for the |
| 170 | needs of their children, unless the court makes a finding on the |
| 171 | record that the parent or guardian of the child is indigent. |
| 172 | (b) At the time of the detention hearing, the department |
| 173 | shall report to the court, verbally or in writing, any available |
| 174 | information concerning the ability of the parent or guardian of |
| 175 | the child to pay such fee. If the court makes a finding of |
| 176 | indigence, the parent or guardian shall pay to the department a |
| 177 | nominal subsistence fee of $2 per day that the child is securely |
| 178 | detained outside the home or $1 per day if the child is |
| 179 | otherwise detained in lieu of other fees related to the parent's |
| 180 | obligation for the child's cost of care. The nominal subsistence |
| 181 | fee may only be waived or reduced if the court makes a finding |
| 182 | that such payment would constitute a significant financial |
| 183 | hardship. Such finding shall be in writing and shall contain a |
| 184 | detailed description of the facts that led the court to make |
| 185 | both the finding of indigence and the finding of significant |
| 186 | financial hardship. |
| 187 | (c) In addition, the court may reduce the fees or waive |
| 188 | the fees as to each parent or guardian if the court makes a |
| 189 | finding on the record that the parent or guardian was the victim |
| 190 | of the delinquent act or violation of law for which the child is |
| 191 | detained and that the parent or guardian is cooperating in the |
| 192 | investigation of the offense. |
| 193 | (d) The court must include specific findings in the |
| 194 | detention order as to what fees are ordered, reduced, or waived. |
| 195 | If the court fails to enter an order as required by this |
| 196 | subsection, it shall be presumed that the court intended the |
| 197 | parent or guardian to pay to the department the fee of $5 per |
| 198 | day that the child remains in detention care. |
| 199 | (e) With respect to a child who has been found to have |
| 200 | committed a delinquent act or violation of law, whether or not |
| 201 | adjudication is withheld, and whose parent or guardian receives |
| 202 | public assistance for any portion of that child's care, the |
| 203 | department must seek a federal waiver to garnish or otherwise |
| 204 | order the payments of the portion of the public assistance |
| 205 | relating to that child to offset the costs of providing care, |
| 206 | custody, maintenance, rehabilitation, intervention, or |
| 207 | corrective services to the child. When the order affects the |
| 208 | guardianship estate, a certified copy of the order shall be |
| 209 | delivered to the judge having jurisdiction of the guardianship |
| 210 | estate. |
| 211 | (f) The clerk of the circuit court shall act as a |
| 212 | depository for these fees. Upon each payment received, the clerk |
| 213 | of the circuit court shall receive a fee from the total payment |
| 214 | of 3 percent of any payment made except that no fee shall be |
| 215 | less than $1 nor more than $5 per payment made. This fee shall |
| 216 | serve as a service charge for the administration, management, |
| 217 | and maintenance of each payment. At the end of each month, the |
| 218 | clerk of the circuit court shall send all money collected under |
| 219 | this section to the state Grants and Donations Trust Fund. |
| 220 | (g) The parent or guardian shall provide to the department |
| 221 | the parent's or guardian's name, address, social security |
| 222 | number, date of birth, and driver's license number or |
| 223 | identification card number and sufficient financial information |
| 224 | for the department to be able to determine the parent's or |
| 225 | guardian's ability to pay. If the parent or guardian refuses to |
| 226 | provide the department with any identifying information or |
| 227 | financial information, the court shall order the parent to |
| 228 | comply and may pursue contempt of court sanctions for failure to |
| 229 | comply. |
| 230 | (h) The department may employ a collection agency for the |
| 231 | purpose of receiving, collecting, and managing the payment of |
| 232 | unpaid and delinquent fees. The collection agency must be |
| 233 | registered and in good standing under chapter 559. The |
| 234 | department may pay to the collection agency a fee from the |
| 235 | amount collected under the claim or may authorize the agency to |
| 236 | deduct the fee from the amount collected. The department may |
| 237 | also pay for collection services from available authorized |
| 238 | funds. |
| 239 | (i) The department may enter into agreements with parents |
| 240 | or guardians to establish a schedule of periodic payments if |
| 241 | payment of the obligation in full presents an undue hardship. |
| 242 | Any such agreement may provide for payment of interest |
| 243 | consistent with prevailing loan rates. |
| 244 | (j) The Department of Juvenile Justice shall provide to |
| 245 | the payor documentation of any amounts paid by the payor to the |
| 246 | Department of Juvenile Justice on behalf of the child. All |
| 247 | payments received by the department pursuant to this subsection |
| 248 | shall be deposited in the state Grants and Donations Trust Fund. |
| 249 | Neither the court nor the department may extend the child's |
| 250 | length of stay in detention care solely for the purpose of |
| 251 | collecting fees. |
| 252 | Section 4. Paragraph (b) of subsection (1) of section |
| 253 | 985.231, Florida Statutes, as amended by section 141 of chapter |
| 254 | 2003-402, Laws of Florida, is amended to read: |
| 255 | 985.231 Powers of disposition in delinquency cases.-- |
| 256 | (1) |
| 257 | (b)1. When any child is found adjudicated by the court to |
| 258 | have committed a delinquent act and is placed on probation, |
| 259 | regardless of adjudication, under the supervision of or in the |
| 260 | temporary legal custody of the child has been placed with a |
| 261 | licensed child-caring agency or the Department of Juvenile |
| 262 | Justice, the court shall order the parents of such child to pay |
| 263 | fees to the department as provided under s. 985.2311 in the |
| 264 | amount of $5 per day that the child is under the care or |
| 265 | supervision of the department in order to partially offset the |
| 266 | cost of the care, support, maintenance, and other usual and |
| 267 | ordinary obligations of parents to provide for the needs of |
| 268 | their children while in the recommended residential commitment |
| 269 | level, unless the court makes a finding on the record that the |
| 270 | parent or guardian of the child is indigent. |
| 271 | 2. No later than the disposition hearing, the department |
| 272 | shall provide the court with information concerning the actual |
| 273 | cost of care, support, and maintenance of the child in the |
| 274 | recommended residential commitment level and concerning the |
| 275 | ability of the parent or guardian of the child to pay any fees. |
| 276 | If the court makes a finding of indigence, the parent or |
| 277 | guardianship shall pay to the department a nominal subsistence |
| 278 | fee of $2 per day that the child is committed outside the home |
| 279 | or $1 per day if the child is otherwise supervised in lieu of |
| 280 | other fees related to the parents' obligation for the child's |
| 281 | cost of care. The nominal subsistence fee may only be waived or |
| 282 | reduced if the court makes a finding that such payment would |
| 283 | constitute a significant financial hardship. Such finding shall |
| 284 | be in writing and shall contain a detailed description of the |
| 285 | facts that led the court to make both the finding of indigence |
| 286 | and the finding of significant financial hardship. |
| 287 | 3. In addition, the court may reduce the fees or waive the |
| 288 | fees as to each parent or guardian if the court makes a finding |
| 289 | on the record that the parent or guardian was the victim of the |
| 290 | delinquent act or violation of law for which the child is |
| 291 | subject to placement under this section and that the parent or |
| 292 | guardian has cooperated in the investigation and prosecution of |
| 293 | the offense. |
| 294 | 4. All orders committing a child to a residential |
| 295 | commitment program shall include specific findings as to what |
| 296 | fees are ordered, reduced, or waived. If the court fails to |
| 297 | enter an order as required by this paragraph, it shall be |
| 298 | presumed that the court intended the parent or guardian to pay |
| 299 | fees to the department in an amount of $5 per day related to the |
| 300 | care, support, and maintenance of the child. With regard to a |
| 301 | child who reaches the age of 18 prior to the disposition |
| 302 | hearing, the court may elect to direct an order required by this |
| 303 | paragraph to such child, rather than the parent or guardian. |
| 304 | With regard to a child who reaches the age of 18 while in the |
| 305 | custody of the department, the court may, upon proper motion of |
| 306 | any party, hold a hearing as to whether any party should be |
| 307 | further obligated respecting the payment of fees. When the order |
| 308 | affects the guardianship estate, a certified copy of the order |
| 309 | shall be delivered to the judge having jurisdiction of the |
| 310 | guardianship estate. |
| 311 | 5. The clerk of the circuit court shall act as a |
| 312 | depository for these fees. Upon each payment received, the clerk |
| 313 | of the circuit court shall receive a fee from the total payment |
| 314 | of 3 percent of any payment made except that no fee shall be |
| 315 | less than $1 nor more than $5 per payment made. This fee shall |
| 316 | serve as a service charge for the administration, management, |
| 317 | and maintenance of each payment. At the end of each month, the |
| 318 | clerk of the circuit court shall send all money collected under |
| 319 | this section to the state Grants and Donations Trust Fund. |
| 320 | 6. The parent or guardian shall provide to the department |
| 321 | the parent or guardian's name, address, social security number, |
| 322 | state of birth, and driver's license number or identification |
| 323 | card number and sufficient financial information for the |
| 324 | department to be able to determine the parent or guardian's |
| 325 | ability to pay. If the parent or guardian refuses to provide the |
| 326 | department with any identifying information or financial |
| 327 | information, the court shall order the parent to comply and may |
| 328 | pursue contempt of court sanctions for failure to comply. |
| 329 | 7. The department may employ a collection agency for the |
| 330 | purpose of receiving, collecting, and managing the payment of |
| 331 | unpaid and delinquent fees. The collection agency must be |
| 332 | registered and in good standing under chapter 559. The |
| 333 | department may pay to the collection agency a fee from the |
| 334 | amount collected under the claim or may authorize the agency to |
| 335 | deduct the fee from the amount collected. The department may |
| 336 | also pay for collection services from available authorized |
| 337 | funds. |
| 338 | 8. The department may enter into agreements with parents |
| 339 | or guardians to establish a schedule of periodic payments if |
| 340 | payment of the obligation in full presents an undue hardship. |
| 341 | Any such agreement may provide for payment of interests |
| 342 | consistent with prevailing loan rates. |
| 343 | 9. The Department of Juvenile Justice shall provide to the |
| 344 | payor documentation of any amounts paid by the payor to the |
| 345 | Department of Juvenile Justice on behalf of the child. All |
| 346 | payments received by the department pursuant to this subsection |
| 347 | shall be deposited in the state Grants and Donations Trust Fund. |
| 348 | 10. Neither the court nor the department may extend the |
| 349 | child's length of stay in placement care solely for the purpose |
| 350 | of collecting fees. |
| 351 | Section 5. Paragraph (d) of subsection (4) of section |
| 352 | 985.233, Florida Statutes, as amended by section 142 of chapter |
| 353 | 2003-402, Laws of Florida, is amended to read: |
| 354 | 985.233 Sentencing powers; procedures; alternatives for |
| 355 | juveniles prosecuted as adults.-- |
| 356 | (4) SENTENCING ALTERNATIVES.-- |
| 357 | (d) Recoupment of cost of care or supervision in juvenile |
| 358 | justice programs or facilities.-- |
| 359 | 1. When the court orders any child to be supervised by or |
| 360 | committed commitment of a child to the Department of Juvenile |
| 361 | Justice for treatment in any of the department's programs for |
| 362 | children, the court shall order the parents of such child to pay |
| 363 | fees as provided under s. 985.2311 in the amount of $5 per day |
| 364 | that the child is under the care or supervision of the |
| 365 | department in order to partially offset the cost of the care, |
| 366 | support, maintenance, and other usual and ordinary obligations |
| 367 | of parents to provide for the needs of their children, unless |
| 368 | the court makes a finding on the record that the parent or legal |
| 369 | guardian of the child is indigent. |
| 370 | 2. Prior to commitment, the department shall provide the |
| 371 | court with information concerning the actual cost of care in the |
| 372 | recommended residential commitment level and concerning the |
| 373 | ability of the parent or guardian of the child to pay specified |
| 374 | fees. If the court makes a finding of indigency, the parent or |
| 375 | guardian shall pay to the department a nominal subsistence fee |
| 376 | of $2 per day that the child is committed outside the home or $1 |
| 377 | per day if the child is otherwise supervised in lieu of other |
| 378 | fees related to the parent's obligation for the child's cost of |
| 379 | care. The nominal subsistence fee may only be waived or reduced |
| 380 | if the court makes a finding that such payment would constitute |
| 381 | a significant financial hardship. Such finding shall be in |
| 382 | writing and shall contain a detailed description of the facts |
| 383 | that led the court to make both the finding of indigency and the |
| 384 | finding of significant financial hardship. |
| 385 | 3. In addition, the court may reduce the fees or waive the |
| 386 | fees as to each parent or guardian if the court makes a finding |
| 387 | on the record that the parent or guardian was the victim of the |
| 388 | delinquent act or violation of law for which the child is |
| 389 | subject to commitment under this section and that the parent or |
| 390 | guardian has cooperated in the investigation and prosecution of |
| 391 | the offense. When the order affects the guardianship estate, a |
| 392 | certified copy of the order shall be delivered to the judge |
| 393 | having jurisdiction of the guardianship estate. |
| 394 | 4. All orders committing a child to a residential |
| 395 | commitment program shall include specific findings as to what |
| 396 | fees are ordered, reduced, or waived. If the court fails to |
| 397 | enter an order as required by this paragraph, it shall be |
| 398 | presumed that the court intended the parent or guardian to pay |
| 399 | fees to the department in an amount of $5 per day related to the |
| 400 | care, support, and maintenance of the child. With regard to a |
| 401 | child who reaches the age of 18 prior to the disposition |
| 402 | hearing, the court may elect to direct an order required by this |
| 403 | paragraph to such child, rather than the parent or guardian. |
| 404 | With regard to a child who reaches the age of 18 while in the |
| 405 | custody of the department, the court may, upon proper motion of |
| 406 | any party, hold a hearing as to whether any party should be |
| 407 | further obligated respecting the payment of fees. |
| 408 | 5. The clerk of the circuit court shall act as a |
| 409 | depository for these fees. Upon each payment received, the clerk |
| 410 | of the circuit court shall receive a fee from the total payment |
| 411 | of 3 percent of any payment made except that no fee shall be |
| 412 | less than $1 nor more than $5 per payment made. This fee shall |
| 413 | serve as a service charge for the administration, management, |
| 414 | and maintenance of each payment. At the end of each month, the |
| 415 | clerk of the circuit court shall send all money collected under |
| 416 | this section to the state Grants and Donations Trust Fund. |
| 417 | 6. The parent or guardian shall provide to the department |
| 418 | the parent or guardian's name, address, social security number, |
| 419 | date of birth, and driver's license number or identification |
| 420 | card number and sufficient financial information for the |
| 421 | department to be able to determine the parent or guardian's |
| 422 | ability to pay. If the parent or guardian refuses to provide the |
| 423 | department with any identifying information or financial |
| 424 | information, the court shall order the parent to comply and may |
| 425 | pursue contempt of court sanctions for failure to comply. |
| 426 | 7. The department may employ a collection agency for the |
| 427 | purpose of receiving, collecting, and managing the payment of |
| 428 | unpaid and delinquent fees. The collection agency must be |
| 429 | registered and in good standing under chapter 559. The |
| 430 | department may pay to the collection agency a fee from the |
| 431 | amount collected under the claim or may authorize the agency to |
| 432 | deduct the fee from the amount collected. The department may |
| 433 | also pay for collection services from available authorized |
| 434 | funds. The Department of Juvenile Justice shall provide to the |
| 435 | payor documentation of any amounts paid by the payor to the |
| 436 | Department of Juvenile Justice on behalf of the child. All |
| 437 | payments received by the department pursuant to this subsection |
| 438 | shall be deposited in the state Grants and Donations Trust Fund. |
| 439 | 8. Neither the court nor the department may extend the |
| 440 | child's length of stay in commitment care solely for the purpose |
| 441 | of collecting fees. |
| 442 |
|
| 443 | It is the intent of the Legislature that the criteria and |
| 444 | guidelines in this subsection are mandatory and that a |
| 445 | determination of disposition under this subsection is subject to |
| 446 | the right of the child to appellate review under s. 985.234. |
| 447 | Section 6. Notwithstanding any contrary provision of s. |
| 448 | 985.2311, Florida Statutes, for the period beginning July 1, |
| 449 | 2004 through June 30, 2005, the court shall reduce the fees |
| 450 | required under that section for parents or guardians of children |
| 451 | whose cases come before the juvenile court in the Ninth Judicial |
| 452 | Circuit who successfully complete a voluntary parenting course |
| 453 | approved by the Department of Juvenile Justice. The amount of |
| 454 | the reduction shall be equivalent to 20 percent of the |
| 455 | obligation owed by the parent or guardian for such fees; |
| 456 | however, the total value of the reduction shall not exceed $450. |
| 457 | The parent or guardian shall be responsible for any balance of |
| 458 | fees associated with the cost of the child's supervision or care |
| 459 | that remains after the application of the reduction authorized |
| 460 | under this section. Any reduction in the amount of the |
| 461 | obligation owed by the parent or guardian pursuant to an order |
| 462 | of the court shall be contingent upon the agreement of the |
| 463 | parent or guardian to stay current in his or her obligation for |
| 464 | the remaining fees owed and to successfully complete the |
| 465 | parenting course and present the department with notarized |
| 466 | documentation of such completion. The court shall proceed under |
| 467 | its contempt authority against any parent or guardian who, after |
| 468 | having agreed to such conditions, fails to stay current in his |
| 469 | or her obligation for the remaining balance of fees or who fails |
| 470 | to successfully complete the parenting course. Upon a finding of |
| 471 | contempt, the court shall require the parent or guardian to pay |
| 472 | the full amount of the fees as provided under s. 985.2311, |
| 473 | Florida Statutes. A parent or guardian may only have fees |
| 474 | reduced under this section once. This section shall expire June |
| 475 | 30, 2005. |
| 476 | Section 7. This act shall take effect July 1, 2004. |
| 477 |
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| 478 |
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| 479 | ================= T I T L E A M E N D M E N T ================= |
| 480 | Remove the entire title and insert: |
| 481 | A bill to be entitled |
| 482 | An act relating to the costs of supervision and care for |
| 483 | juvenile offenders; clarifying the authority of the court |
| 484 | to assess fees to parents for the costs associated with |
| 485 | the supervision or care of a child by the Department of |
| 486 | Juvenile Justice; creating s. 985.2311, F.S.; requiring |
| 487 | the court to order the parent of a child placed in home |
| 488 | detention, probation, or other supervision status or |
| 489 | placed into secure detention or on committed status with |
| 490 | the department to pay a daily fee for the cost of such |
| 491 | child's supervision or care; specifying the amount of the |
| 492 | fee associated with the cost of supervision; specifying |
| 493 | the amount of the fee associated with the cost of care; |
| 494 | requiring the parent of such child to provide specified |
| 495 | identifying information and information pertaining to the |
| 496 | parent's ability to pay such fees; providing for |
| 497 | enforcement of such requirement through contempt |
| 498 | proceedings; authorizing the court to apportion the |
| 499 | payment obligation; requiring the court to waive or reduce |
| 500 | such fees upon a finding of indigency or significant |
| 501 | financial hardship; requiring such finding to be supported |
| 502 | by facts and detailed in writing; authorizing the court to |
| 503 | reduce or waive such fees as to any parent who was a |
| 504 | victim of the child's delinquent act in certain |
| 505 | circumstances; requiring the court to make written |
| 506 | findings as to what fees are ordered, reduced, or waived; |
| 507 | providing a presumption in the absence of such order; |
| 508 | authorizing the court to order a child to pay such fees in |
| 509 | certain circumstances; requiring the department to seek a |
| 510 | federal waiver to garnish public assistance benefits in |
| 511 | certain circumstances; providing procedures if an order |
| 512 | for payment of such fees affects the guardianship of an |
| 513 | estate; authorizing the department to employ certain |
| 514 | agencies in the collection of delinquent or unpaid fees; |
| 515 | providing for payment for the services of such collection |
| 516 | agency; requiring that certain documentation be provided |
| 517 | relating to the payment of such fees; providing for all |
| 518 | moneys collected by the department or collection agency in |
| 519 | connection with such fees to be transferred to the Grants |
| 520 | and Donations Trust Fund; prohibiting the court or the |
| 521 | department from extending a child's length of supervision |
| 522 | or care solely for the purpose of collecting such fees; |
| 523 | providing a limitation of the responsibility of a parent |
| 524 | or child for such fees; providing for a refund in certain |
| 525 | circumstances; defining the term "parent"; amending s. |
| 526 | 985.21, F.S.; revising cross references, to conform; |
| 527 | amending s. 985.215, F.S.; requiring the court to order a |
| 528 | parent to pay fees associated with the cost of the |
| 529 | supervision or care of any child placed on detention |
| 530 | status with the department; providing a cross reference; |
| 531 | deleting provisions relating to the assessment and |
| 532 | collection of fees associated with the cost of such care |
| 533 | to conform; amending s. 985.231, F.S.; requiring the court |
| 534 | to order a parent to pay fees associated with the cost of |
| 535 | the supervision or care of any child found to have |
| 536 | committed a delinquent act, regardless of adjudication, |
| 537 | and placed under the supervision or in the temporary |
| 538 | custody of the department; providing a cross reference; |
| 539 | deleting provisions relating to the assessment and |
| 540 | collection of fees associated with the cost of such |
| 541 | supervision or care to conform; amending s. 985.233, F.S.; |
| 542 | providing for the recoupment of the cost of supervision or |
| 543 | care in juvenile justice programs or facilities; requiring |
| 544 | the court to order a parent to pay fees associated with |
| 545 | the cost of the supervision or care of any child |
| 546 | supervised by or committed to the department; providing a |
| 547 | cross reference; deleting provisions relating to the |
| 548 | assessment and collection of fees associated with the cost |
| 549 | of such supervision or care to conform; requiring the |
| 550 | court to reduce the fees owed by parents or guardians for |
| 551 | the cost of a child's care or supervision by the |
| 552 | department in certain circumstances where the parent or |
| 553 | guardian successfully completes a parenting course; |
| 554 | providing a limit on the amount that such fees may be |
| 555 | reduced; providing for the future repeal of the |
| 556 | requirement; providing an effective date. |