CS/HB 1279

1
A bill to be entitled
2An act relating to costs of prosecution; amending s.
328.246, F.S.; providing for remittance of the costs of
4prosecution to a specified trust fund; providing for
5allocation of funds in certain circumstances; providing
6for collection of costs of prosecution; amending s.
7903.286, F.S.; providing for the withholding of unpaid
8costs of prosecution from the return of a cash bond posted
9on behalf of a criminal defendant; requiring a notice on
10bond forms of such possible withholding; amending s.
11938.27, F.S.; providing liability for the cost of
12prosecution for persons whose cases are disposed of under
13specified provisions; requiring courts to impose the costs
14of prosecution and investigation; requiring that costs of
15prosecution and investigation not be converted to any form
16of court-ordered community service; clarifying the types
17of cases from which the clerk of the court must collect
18and dispense cost payments; requiring the clerk of the
19court to assign the first of any fees or costs collected
20as payment for costs of prosecution; amending s. 985.032,
21F.S.; providing for assessment of costs of prosecution
22against a juvenile who has been adjudicated delinquent or
23has adjudication of delinquency withheld; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsections (5) and (6) of section 28.246,
29Florida Statutes, are amended to read:
30     28.246  Payment of court-related fees, charges, costs of
31prosecution, and costs; partial payments; distribution of
32funds.-
33     (5)  When receiving partial payment of fees, service
34charges, court costs, costs of prosecution, and fines, clerks
35shall distribute funds according to the following order of
36priority:
37     (a)  That portion of fees, service charges, court costs,
38and fines to be remitted to the state for deposit into the
39General Revenue Fund and that portion of the costs of
40prosecution to be remitted to the state shall be deposited into
41the State Attorneys Revenue Trust Fund, allocated on a pro rata
42basis among the authorized funds if the total collection amount
43is insufficient to fully fund such funds as provided by law.
44     (b)  That portion of fees, service charges, court costs,
45and fines which are required to be retained by the clerk of the
46court or deposited into the Clerks of the Court Trust Fund
47within the Justice Administrative Commission.
48     (c)  Except as provided in paragraph (a), that portion of
49fees, service charges, court costs, and fines payable to state
50trust funds, allocated on a pro rata basis among the various
51authorized funds if the total collection amount is insufficient
52to fully fund all such funds as provided by law.
53     (d)  That portion of fees, service charges, court costs,
54and fines payable to counties, municipalities, or other local
55entities, allocated on a pro rata basis among the various
56authorized recipients if the total collection amount is
57insufficient to fully fund all such recipients as provided by
58law.
59
60To offset processing costs, clerks may impose either a per-month
61service charge pursuant to s. 28.24(26)(b) or a one-time
62administrative processing service charge at the inception of the
63payment plan pursuant to s. 28.24(26)(c).
64     (6)  A clerk of court shall pursue the collection of any
65fees, service charges, fines, court costs, costs of prosecution,
66and liens for the payment of attorney's fees and costs pursuant
67to s. 938.29 which remain unpaid after 90 days by referring the
68account to a private attorney who is a member in good standing
69of The Florida Bar or collection agent who is registered and in
70good standing pursuant to chapter 559. In pursuing the
71collection of such unpaid financial obligations through a
72private attorney or collection agent, the clerk of the court
73must have attempted to collect the unpaid amount through a
74collection court, collections docket, or other collections
75process, if any, established by the court, find this to be cost-
76effective and follow any applicable procurement practices. The
77collection fee, including any reasonable attorney's fee, paid to
78any attorney or collection agent retained by the clerk may be
79added to the balance owed in an amount not to exceed 40 percent
80of the amount owed at the time the account is referred to the
81attorney or agent for collection. The clerk shall give the
82private attorney or collection agent the application for the
83appointment of court-appointed counsel regardless of whether the
84court file is otherwise confidential from disclosure.
85     Section 2.  Section 903.286, Florida Statutes, is amended
86to read:
87     903.286  Return of cash bond; requirement to withhold
88unpaid fines, fees, court costs; cash bond forms.-
89     (1)  Notwithstanding s. 903.31(2), the clerk of the court
90shall withhold from the return of a cash bond posted on behalf
91of a criminal defendant by a person other than a bail bond agent
92licensed pursuant to chapter 648 sufficient funds to pay any
93unpaid costs of prosecution, court fees, court costs, and
94criminal penalties. If sufficient funds are not available to pay
95all unpaid costs of prosecution, court fees, court costs, and
96criminal penalties, the clerk of the court shall immediately
97obtain payment from the defendant or enroll the defendant in a
98payment plan pursuant to s. 28.246.
99     (2)  All cash bond forms used in conjunction with the
100requirements of s. 903.09 must prominently display a notice
101explaining that all funds are subject to forfeiture and
102withholding by the clerk of the court for the payment of costs
103of prosecution, court fees, court costs, and criminal penalties
104on behalf of the criminal defendant regardless of who posted the
105funds.
106     Section 3.  Section 938.27, Florida Statutes, is amended to
107read:
108     938.27  Judgment for costs on conviction.-
109     (1)  In all criminal and violation-of-probation or
110community-control cases, convicted persons and persons whose
111cases are disposed of pursuant to s. 948.08(6)(c) or s.
112948.16(2) are liable for payment of the costs of prosecution,
113including investigative costs incurred by law enforcement
114agencies, by fire departments for arson investigations, and by
115investigations of the Department of Financial Services or the
116Office of Financial Regulation of the Financial Services
117Commission, if requested by such agencies. The court shall
118include these costs in every judgment rendered against the
119convicted person. For purposes of this section, "convicted"
120means a determination of guilt, or of violation of probation or
121community control, which is a result of a plea, trial, or
122violation proceeding, regardless of whether adjudication is
123withheld.
124     (2)(a)  Notwithstanding any other provision of law, court
125rule, or administrative order, the court shall impose the costs
126of prosecution and investigation. Costs of prosecution and
127investigation shall not be converted to any form of court-
128ordered community service in lieu of this statutory financial
129obligation.
130     (b)(a)  The court shall impose the costs of prosecution and
131investigation notwithstanding the defendant's present ability to
132pay. The court shall require the defendant to pay the costs
133within a specified period or in specified installments.
134     (c)(b)  The end of such period or the last such installment
135shall not be later than:
136     1.  The end of the period of probation or community
137control, if probation or community control is ordered;
138     2.  Five years after the end of the term of imprisonment
139imposed, if the court does not order probation or community
140control; or
141     3.  Five years after the date of sentencing in any other
142case.
143
144However, in no event shall the obligation to pay any unpaid
145amounts expire if not paid in full within the period specified
146in this paragraph.
147     (d)(c)  If not otherwise provided by the court under this
148section, costs shall be paid immediately.
149     (3)  If a defendant is placed on probation or community
150control, payment of any costs under this section shall be a
151condition of such probation or community control. The court may
152revoke probation or community control if the defendant fails to
153pay these costs.
154     (4)  Any dispute as to the proper amount or type of costs
155shall be resolved by the court by the preponderance of the
156evidence. The burden of demonstrating the amount of costs
157incurred is on the state attorney. The burden of demonstrating
158the financial resources of the defendant and the financial needs
159of the defendant is on the defendant. The burden of
160demonstrating such other matters as the court deems appropriate
161is upon the party designated by the court as justice requires.
162     (5)  Any default in payment of costs may be collected by
163any means authorized by law for enforcement of a judgment.
164     (6)  The clerk of the court shall collect and dispense cost
165payments in any case, regardless of whether the disposition of
166the case takes place before the judge in open court or in any
167other manner provided by law.
168     (7)  Investigative costs that are recovered shall be
169returned to the appropriate investigative agency that incurred
170the expense. Such costs include actual expenses incurred in
171conducting the investigation and prosecution of the criminal
172case; however, costs may also include the salaries of permanent
173employees. Any investigative costs recovered on behalf of a
174state agency must be remitted to the Department of Revenue for
175deposit in the agency operating trust fund, and a report of the
176payment must be sent to the agency, except that any
177investigative costs recovered on behalf of the Department of Law
178Enforcement shall be deposited in the department's Forfeiture
179and Investigative Support Trust Fund under s. 943.362.
180     (8)  Costs for the state attorney shall be set in all cases
181at no less than $50 per case when a misdemeanor or criminal
182traffic offense is charged and no less than $100 per case when a
183felony offense is charged, including a proceeding in which the
184underlying offense is a violation of probation or community
185control. The court may set a higher amount upon a showing of
186sufficient proof of higher costs incurred. Costs recovered on
187behalf of the state attorney under this section shall be
188deposited into the State Attorneys Revenue Trust Fund to be used
189during the fiscal year in which the funds are collected, or in
190any subsequent fiscal year, for actual expenses incurred in
191investigating and prosecuting criminal cases, which may include
192the salaries of permanent employees, or for any other purpose
193authorized by the Legislature.
194     (9)  Notwithstanding any law, court rule, or administrative
195order, the clerk shall assign the first of any fees or costs
196paid by a defendant as payment of the costs of prosecution.
197     Section 4.  Section 985.032, Florida Statutes, is amended
198to read:
199     985.032  Legal representation for delinquency cases.-
200     (1)  For cases arising under this chapter, the state
201attorney shall represent the state.
202     (2)  A juvenile who has been adjudicated delinquent or has
203adjudication of delinquency withheld shall be assessed costs of
204prosecution as provided in s. 938.27.
205     Section 5.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.