| 1 | A bill to be entitled | 
| 2 | An act relating to the collection of court-related fees,  | 
| 3 | service charges, costs, and fines by circuit courts and  | 
| 4 | county courts; amending s. 938.30, F.S.; requiring certain  | 
| 5 | persons who owe court-related fees, service charges,  | 
| 6 | costs, and fines to appear before the court; amending s.  | 
| 7 | 938.301, F.S.; requiring each circuit court to implement  | 
| 8 | the Comprehensive Court Enforcement Program; amending s.  | 
| 9 | 939.185, F.S.; requiring the clerk of courts to record in  | 
| 10 | the official record a certified copy of any court order  | 
| 11 | imposing additional court costs; providing that the court  | 
| 12 | order constitutes a lien against the person upon whom the  | 
| 13 | costs are imposed and attaches as a lien on any real and  | 
| 14 | personal property owned by the person; providing an  | 
| 15 | exception; requiring the Legislature to establish a joint  | 
| 16 | select committee to review methods of collecting court- | 
| 17 | related fees, service charges, costs, and fines used by  | 
| 18 | circuit courts and county courts; providing for  | 
| 19 | appointment of committee members; providing for  | 
| 20 | designation of a chair and vice chair; requiring the  | 
| 21 | committee to submit recommendations for a uniform  | 
| 22 | statewide method for collecting such court-related fees,  | 
| 23 | service charges, costs, and fines; providing an effective  | 
| 24 | date. | 
| 25 | 
  | 
| 26 | Be It Enacted by the Legislature of the State of Florida: | 
| 27 | 
  | 
| 28 |      Section 1.  Subsection (2) of section 938.30, Florida  | 
| 29 | Statutes, is amended to read: | 
| 30 |      938.30  Financial obligations in criminal cases;  | 
| 31 | supplementary proceedings.-- | 
| 32 |      (2)  The court shall may require a person who is not a  | 
| 33 | state inmate and who is liable for payment of an obligation to  | 
| 34 | appear and be examined under oath concerning the person's  | 
| 35 | financial ability to pay the obligation. The judge may convert  | 
| 36 | the statutory financial obligation into a court-ordered  | 
| 37 | obligation to perform community service after examining a person  | 
| 38 | under oath and determining a person's inability to pay. Any  | 
| 39 | person failing to attend a hearing may be arrested on warrant or  | 
| 40 | capias which may be issued by the clerk upon order of the court. | 
| 41 |      Section 2.  Section 938.301, Florida Statutes, is amended  | 
| 42 | to read: | 
| 43 |      938.301  Judicial oversight and jurisdiction.--The  | 
| 44 | Comprehensive Court Enforcement Program shall may be implemented  | 
| 45 | as supplementary proceedings in each any judicial circuit by the  | 
| 46 | chief judge of that circuit. Judges in such circuits shall have  | 
| 47 | jurisdiction to carry out the provisions of this section act in  | 
| 48 | criminal cases to ensure compliance with court-imposed financial  | 
| 49 | obligations. | 
| 50 |      Section 3.  Paragraph (d) is added to subsection (1) of  | 
| 51 | section 939.185, Florida Statutes, to read: | 
| 52 |      939.185  Assessment of additional court costs and  | 
| 53 | surcharges.-- | 
| 54 |      (1) | 
| 55 |      (d)  The clerk of courts shall cause a certified copy of  | 
| 56 | the court order imposing such costs to be recorded in the  | 
| 57 | official records, which shall constitute a lien against the  | 
| 58 | person upon whom the costs are imposed, and shall attach as a  | 
| 59 | lien on any real and personal property owned by the person. Any  | 
| 60 | lien created against real and personal property is enforceable  | 
| 61 | in the same manner as provided by law. A lien created under this  | 
| 62 | section does not attach to, or make subject to execution of levy  | 
| 63 | or foreclosure, any real or personal property otherwise exempted  | 
| 64 | by s. 4, Art. X of the State Constitution. | 
| 65 |      Section 4.  The Legislature shall establish a joint select  | 
| 66 | committee to review the methods currently used by each circuit  | 
| 67 | court and county court in this state to collect court-related  | 
| 68 | fees, service charges, costs, and fines. The committee shall  | 
| 69 | consist of 13 members, of whom five shall be senators appointed  | 
| 70 | by the President of the Senate, with three being members of the  | 
| 71 | majority party and two being members of the minority party, and  | 
| 72 | eight shall be representatives appointed by the Speaker of the  | 
| 73 | House of Representatives, with five being members of the  | 
| 74 | majority party and three being members of the minority party.  | 
| 75 | The committee chair and vice chair shall be designated jointly  | 
| 76 | by the President of the Senate and the Speaker of the House of  | 
| 77 | Representatives. The committee shall review for a period of 1  | 
| 78 | year methods used by the circuit courts and county courts in  | 
| 79 | this state to collect court-related fees, service charges,  | 
| 80 | costs, and fines. The committee shall determine how these funds  | 
| 81 | may be used to create designated funding for the judiciary,  | 
| 82 | after which the committee shall submit recommendations to the  | 
| 83 | President of the Senate and the Speaker of the House of  | 
| 84 | Representatives as to an effective uniform statewide method for  | 
| 85 | collecting court-related fees, service charges, costs, and fines  | 
| 86 | to be mandated for all circuit courts and county courts and  | 
| 87 | clerks of such courts. | 
| 88 |      Section 5.  This act shall take effect July 1, 2009. |