Florida Senate - 2009 SB 248
By Senator Ring
32-00041-09 2009248__
1 A bill to be entitled
2 An act relating to the collection of court-related
3 fees, service charges, costs, and fines by circuit
4 courts and county courts; amending s. 938.30, F.S.;
5 requiring certain persons who owe court-related fees,
6 service charges, costs, and fines to appear before the
7 court; amending s. 938.301, F.S.; requiring each
8 circuit court to implement the Comprehensive Court
9 Enforcement Program; amending s. 939.185, F.S.;
10 requiring the clerk of the court to record in the
11 official record a certified copy of any court order
12 imposing additional court costs; providing that the
13 court order constitutes a lien against the person upon
14 whom the costs are imposed and attaches as a lien on
15 any real and personal property owned by the person;
16 providing an exception; requiring the Legislature to
17 establish a joint select committee to review methods
18 of collecting court-related fees, service charges,
19 costs, and fines used by circuit courts and county
20 courts; providing for appointment of committee
21 members; providing for designation of a chair and vice
22 chair; requiring the committee to submit
23 recommendations for a uniform statewide method for
24 collecting such court-related fees, service charges,
25 costs, and fines; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (2) of section 938.30, Florida
30 Statutes, is amended to read:
31 938.30 Financial obligations in criminal cases;
32 supplementary proceedings.—
33 (2) The court shall may require a person who is not a state
34 inmate and who is liable for payment of an obligation to appear
35 and be examined under oath concerning the person's financial
36 ability to pay the obligation. The judge may convert the
37 statutory financial obligation into a court-ordered obligation
38 to perform community service after examining a person under oath
39 and determining a person's inability to pay. Any person failing
40 to attend a hearing may be arrested on warrant or capias which
41 may be issued by the clerk upon order of the court.
42 Section 2. Section 938.301, Florida Statutes, is amended to
43 read:
44 938.301 Judicial oversight and jurisdiction.—The
45 Comprehensive Court Enforcement Program shall may be implemented
46 as supplementary proceedings in each any judicial circuit by the
47 chief judge of that circuit. Judges in such circuits shall have
48 jurisdiction to carry out the provisions of this section act in
49 criminal cases to ensure compliance with court-imposed financial
50 obligations.
51 Section 3. Paragraph (d) is added to subsection (1) of
52 section 939.185, Florida Statutes, to read:
53 939.185 Assessment of additional court costs and
54 surcharges.—
55 (1)
56 (d) The clerk of the court shall record in the official
57 records a certified copy of the court order imposing such costs,
58 which constitutes a lien against the person upon whom the costs
59 are imposed, and attachs as a lien on any real and personal
60 property owned by the person. Any lien created against real and
61 personal property is enforceable in the same manner as provided
62 by law. A lien created under this section does not attach to, or
63 make subject to execution of levy or foreclosure, any real or
64 personal property otherwise exempted by s. 4, Art. X of the
65 State Constitution.
66 Section 4. The Legislature shall establish a joint select
67 committee to review the methods currently used by each circuit
68 court and county court in this state to collect court-related
69 fees, service charges, costs, and fines. The committee shall
70 consist of 13 members, of whom five shall be Senators appointed
71 by the President of the Senate and eight shall be
72 Representatives appointed by the Speaker of the House of
73 Representatives. The committee chair and vice chair shall be
74 designated jointly by the President of the Senate and the
75 Speaker of the House of Representatives. The committee shall
76 review for a period of 1 year methods used by the circuit courts
77 and county courts in this state to collect court-related fees,
78 service charges, costs, and fines, after which the committee
79 shall submit recommendations to the President of the Senate and
80 the Speaker of the House of Representatives as to an effective
81 uniform, statewide method for collecting court-related fees,
82 service charges, costs, and fines to be mandated for all circuit
83 courts and county courts and clerks of such courts.
84 Section 5. This act shall take effect July 1, 2009.