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A bill to be entitled

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An act relating to the collection of court-related fees,

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service charges, costs, and fines by circuit courts and

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county courts; amending s. 938.30, F.S.; requiring all

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persons other than state inmates who owe court-related

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fees, service charges, costs, and fines to appear before

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the court; amending s. 938.301, F.S.; requiring each

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circuit court to implement the Comprehensive Court

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Enforcement Program; amending s. 939.185, F.S.; requiring

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the clerk of courts to record in the official record a

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certified copy of any court order imposing additional

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court costs; providing that the court order constitutes a

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lien against the person upon whom the costs are imposed

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and attaches as a lien on any real and personal property

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owned by the person; providing an exception; requiring the

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Legislature to establish a joint select committee to

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review methods of collecting court-related fees, service

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charges, costs, and fines used by circuit courts and

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county courts; providing for appointment of committee

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members; providing for designation of a chair and vice

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chair; requiring the committee to submit recommendations

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for a uniform statewide method for collecting such court-

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related fees, service charges, costs, and fines; providing

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an effective date.

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

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     Section 1.  Subsection (2) of section 938.30, Florida

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Statutes, is amended to read:

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     938.30  Financial obligations in criminal cases;

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supplementary proceedings.--

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     (2) The court shall may require a person who is not a state

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inmate and who is liable for payment of an obligation to appear

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and be examined under oath concerning the person's financial

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ability to pay the obligation. The judge may convert the

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statutory financial obligation into a court-ordered obligation to

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perform community service after examining a person under oath and

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determining a person's inability to pay. Any person failing to

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attend a hearing may be arrested on warrant or capias which may

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be issued by the clerk upon order of the court.

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     Section 2.  Section 938.301, Florida Statutes, is amended to

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read:

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     938.301  Judicial oversight and jurisdiction.--The

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Comprehensive Court Enforcement Program shall may be implemented

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as supplementary proceedings in each any judicial circuit by the

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

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jurisdiction to carry out the provisions of this act in criminal

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cases to ensure compliance with court-imposed financial

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obligations.

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     Section 3.  Paragraph (d) is added to subsection (1) of

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section 939.185, Florida Statutes, to read:

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     939.185  Assessment of additional court costs and

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surcharges.--

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     (1)

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     (d) The clerk of courts shall cause a certified copy of the

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court order imposing such costs to be recorded in the official

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records, which shall constitute a lien against the person upon

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whom the costs are imposed, and shall attach as a lien on any

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real and personal property owned by the person. Any lien created

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against real and personal property is enforceable in the same

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manner as provided by law. A lien created under this section does

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not attach to, or make subject to execution of levy or

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foreclosure, any real or personal property otherwise exempted by

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s. 4, Art. X of the State Constitution.

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     Section 4. The Legislature shall establish a joint select

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committee to review the methods currently used by each circuit

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court and county court in this state to collect court-related

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fees, service charges, costs, and fines. The committee shall

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consist of 13 members, of whom five shall be Senators appointed

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by the President of the Senate and eight shall be Representatives

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appointed by the Speaker of the House of Representatives. The

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committee chair and vice chair shall be designated jointly by the

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President of the Senate and the Speaker of the House of

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Representatives. The committee shall review for a period of 1

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year methods used by the circuit courts and county courts in this

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state to collect court-related fees, service charges, costs, and

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fines, after which the committee shall submit recommendations to

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the President of the Senate and the Speaker of the House of

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Representatives as to an effective uniform statewide method for

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collecting court-related fees, service charges, costs, and fines

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to be mandated for all circuit courts and county courts and

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clerks of such courts.

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     Section 5.  This act shall take effect July 1, 2008.