Florida Senate - 2012             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 1964
       
       
       
       
       
       
                                Barcode 763580                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             03/09/2012 03:18 PM       .                                
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       The Conference Committee on SB 1964 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 28.2457, Florida Statutes, is created to
    7  read:
    8         28.2457Mandatory monetary assessments.—
    9         (1)(a) Except as otherwise provided by law, a monetary
   10  assessment mandated by statute shall be imposed and included in
   11  the judgment without regard to whether the assessment is
   12  announced in open court.
   13         (b) When an assessment mandated by statute prescribes a
   14  minimum assessment and a maximum assessment, or prescribes
   15  solely a minimum assessment, the minimum assessment is presumed
   16  and shall be imposed and included in the judgment, unless the
   17  court specifies a greater amount.
   18         (2) The clerks of court, through their association and in
   19  consultation with the Office of the State Courts Administrator,
   20  shall develop by October 1, 2012, a uniform form for the
   21  identification and imposition of all assessments mandated by
   22  statute. The clerks shall submit the form by that date, and by
   23  October 1 every year thereafter if necessary to reflect changes
   24  in the law, to the Supreme Court for approval. Upon approval of
   25  the form by the Supreme Court, all circuit and county courts
   26  shall use the form.
   27         (3) As used in this section, the term “monetary assessment”
   28  or “assessment” includes, but is not limited to, a fine or other
   29  monetary penalty, fee, service charge, or cost.
   30         Section 2. Section 28.246, Florida Statutes, is amended to
   31  read:
   32         28.246 Payment of court-related fines or other monetary
   33  penalties, fees, charges, and costs; partial payments;
   34  distribution of funds.—
   35         (1) The clerk of the circuit court shall report the
   36  following information to the Legislature and the Florida Clerks
   37  of Court Operations Corporation on a form, and using guidelines
   38  developed by the clerks of court, through their association and
   39  in consultation with the Office of the State Courts
   40  Administrator Department of Financial Services:
   41         (a) The total amount of mandatory fees, service charges,
   42  and costs; the total amount actually assessed; the total amount
   43  underassessed, if any, which is the amount less than the minimum
   44  amount required by law to be discharged, waived, or otherwise
   45  not assessed; and the total amount collected.
   46         (b) The total amount of discretionary fees, service
   47  charges, and costs assessed; the total amount discharged; and
   48  the total amount collected.
   49         (c) The total amount of mandatory fines and other monetary
   50  penalties; the total amount assessed; the total amount
   51  underassessed, if any, which is the amount less than the minimum
   52  amount required by law to be discharged, waived, or otherwise
   53  not assessed; and the total amount collected.
   54         (d) The total amount of discretionary fines and other
   55  monetary penalties assessed; the amount discharged; and the
   56  total amount collected.
   57  
   58  If provided to the clerk of court by the judge, The clerk, in
   59  reporting to the Legislature and corporation amount assessed,
   60  shall separately identify the monetary amount assessed and
   61  subsequently discharged or converted pursuant to s. 938.30 as
   62  community service,; assessed by reducing the amount to a
   63  judgment or lien, or to; satisfied by time served; or other. The
   64  form developed by the clerks Chief Financial Officer shall
   65  include separate entries for recording the amount discharged and
   66  the amount converted these amounts. If a court waives, suspends,
   67  or reduces an assessment as authorized by law, the portion
   68  waived, suspended, or reduced may not be deemed assessed or
   69  underassessed for purposes of the reporting requirements of this
   70  section. The clerk also shall report a collection rate for
   71  mandatory and discretionary assessments. In calculating the
   72  rate, the clerk shall deduct amounts discharged or converted
   73  from the amount assessed. The clerk shall submit the report on
   74  an annual basis 90 60 days after the end of the county fiscal
   75  year. The clerks and the courts shall develop by October 1,
   76  2012, the form and guidelines to govern the accurate and
   77  consistent reporting statewide of assessments as provided in
   78  this section. The clerk shall use the new reporting form and
   79  guidelines in submitting the report for the county fiscal year
   80  ending September 30, 2013, and for each year thereafter.
   81         (2) The clerk of the circuit court shall establish and
   82  maintain a system of accounts receivable for court-related fees,
   83  charges, and costs.
   84         (3) Court costs, fines, and other dispositional assessments
   85  shall be enforced by order of the courts, collected by the
   86  clerks of the circuit and county courts, and disbursed in
   87  accordance with authorizations and procedures as established by
   88  general law.
   89         (4) The clerk of the circuit court shall accept partial
   90  payments for court-related fees, service charges, costs, and
   91  fines in accordance with the terms of an established payment
   92  plan. An individual seeking to defer payment of fees, service
   93  charges, costs, or fines imposed by operation of law or order of
   94  the court under any provision of general law shall apply to the
   95  clerk for enrollment in a payment plan. The clerk shall enter
   96  into a payment plan with an individual who the court determines
   97  is indigent for costs. A monthly payment amount, calculated
   98  based upon all fees and all anticipated costs, is presumed to
   99  correspond to the person’s ability to pay if the amount does not
  100  exceed 2 percent of the person’s annual net income, as defined
  101  in s. 27.52(1), divided by 12. The court may review the
  102  reasonableness of the payment plan.
  103         (5) When receiving partial payment of fees, service
  104  charges, court costs, and fines, clerks shall distribute funds
  105  according to the following order of priority:
  106         (a) That portion of fees, service charges, court costs, and
  107  fines to be remitted to the state for deposit into the General
  108  Revenue Fund.
  109         (b) That portion of fees, service charges, court costs, and
  110  fines which are required to be retained by the clerk of the
  111  court or deposited into the Clerks of the Court Trust Fund
  112  within the Justice Administrative Commission.
  113         (c) That portion of fees, service charges, court costs, and
  114  fines payable to state trust funds, allocated on a pro rata
  115  basis among the various authorized funds if the total collection
  116  amount is insufficient to fully fund all such funds as provided
  117  by law.
  118         (d) That portion of fees, service charges, court costs, and
  119  fines payable to counties, municipalities, or other local
  120  entities, allocated on a pro rata basis among the various
  121  authorized recipients if the total collection amount is
  122  insufficient to fully fund all such recipients as provided by
  123  law.
  124  
  125  To offset processing costs, clerks may impose either a per-month
  126  service charge pursuant to s. 28.24(26)(b) or a one-time
  127  administrative processing service charge at the inception of the
  128  payment plan pursuant to s. 28.24(26)(c).
  129         (6) A clerk of court shall pursue the collection of any
  130  fees, service charges, fines, court costs, and liens for the
  131  payment of attorney attorney’s fees and costs pursuant to s.
  132  938.29 which remain unpaid after 90 days by referring the
  133  account to a private attorney who is a member in good standing
  134  of The Florida Bar or collection agent who is registered and in
  135  good standing pursuant to chapter 559. In pursuing the
  136  collection of such unpaid financial obligations through a
  137  private attorney or collection agent, the clerk of the court
  138  must have attempted to collect the unpaid amount through a
  139  collection court, collections docket, or other collections
  140  process, if any, established by the court, find this to be cost
  141  effective and follow any applicable procurement practices. The
  142  collection fee, including any reasonable attorney’s fee, paid to
  143  any attorney or collection agent retained by the clerk may be
  144  added to the balance owed in an amount not to exceed 40 percent
  145  of the amount owed at the time the account is referred to the
  146  attorney or agent for collection. The clerk shall give the
  147  private attorney or collection agent the application for the
  148  appointment of court-appointed counsel regardless of whether the
  149  court file is otherwise confidential from disclosure.
  150         Section 3. Section 28.42, Florida Statutes, is amended to
  151  read:
  152         28.42 Manual of court-related filing fees, charges, costs,
  153  and fines.—No later than July 1, 2004, The clerks of court,
  154  through their association and in consultation with the Office of
  155  the State Courts Administrator, shall prepare and disseminate a
  156  manual of court-related filing fees, service charges, costs, and
  157  fines imposed pursuant to state law, organized by county for
  158  each type of action and offense, and classified as either
  159  mandatory or discretionary. The manual also shall classify the
  160  fee, charge, cost, or fine as court-related revenue or noncourt
  161  related revenue. The clerks, through their association, Office
  162  of the State Courts Administrator shall disseminate this manual
  163  to the chief judge, state attorney, public defender, and court
  164  administrator in each circuit and to the clerk of the court in
  165  each county. The clerks, through their association and in
  166  consultation with the Office of the State Courts Administrator,
  167  shall at a minimum update and disseminate this manual on July 1
  168  of each year thereafter.
  169         Section 4. Notwithstanding the amendments made by this act
  170  to s. 28.246, Florida Statutes, the clerks of court shall use
  171  the reporting requirements, standards, and form prescribed in
  172  that section before July 1, 2012, for the report due for the
  173  county fiscal year ending September 30, 2012. The amendments
  174  made by this act to s. 28.246, Florida Statutes, apply beginning
  175  with the report for the county fiscal year ending September 30,
  176  2013.
  177         Section 5. This act shall take effect July 1, 2012.
  178  
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181  
  182         Delete everything before the enacting clause
  183  and insert:
  184                        A bill to be entitled                      
  185         An act relating to court-related assessments; creating
  186         s. 28.2457, F.S.; providing for a monetary assessment
  187         mandated by statute to be imposed regardless of
  188         whether the assessment is announced in open court;
  189         providing guidelines for establishing the amount of a
  190         mandatory assessment under certain conditions;
  191         requiring the clerks of court to develop a uniform
  192         form to be used in identifying and imposing mandatory
  193         assessments; providing for the clerks to consult with
  194         the Office of the State Courts Administrator;
  195         providing for the Supreme Court to approve the form;
  196         defining terms; amending s. 28.246, F.S.; revising
  197         requirements for the clerks of court to report on the
  198         assessment and collection of certain fines or other
  199         monetary penalties, fees, costs, and charges;
  200         prescribing requirements for reporting certain
  201         assessments that are waived, suspended, or reduced;
  202         requiring the clerks to report collection rates;
  203         providing guidelines for calculating the collection
  204         rate; revising the timeframe for submitting the
  205         report; requiring the clerks, rather than the
  206         Department of Financial Services, to develop a
  207         reporting form and guidelines; providing for the
  208         clerks to consult with the Office of the State Courts
  209         Administrator; amending s. 28.42, F.S.; removing an
  210         obsolete date; providing for the clerks of court,
  211         rather than the Office of the State Courts
  212         Administrator, to prepare and disseminate a manual of
  213         filing fees, service charges, costs, and fines;
  214         revising requirements relating to the content and
  215         presentation of information in the manual; providing
  216         for the clerks to consult with the Office of the State
  217         Courts Administrator; providing for applicability of
  218         amendments made by the act; providing an effective
  219         date.