Florida Senate - 2012                                    SB 1964
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03471-12                                          20121964__
    1                        A bill to be entitled                      
    2         An act relating to court-related assessments; creating
    3         s. 28.2457, F.S.; providing for a monetary assessment
    4         mandated by statute to be imposed regardless of
    5         whether the assessment is announced in open court;
    6         providing guidelines for establishing the amount of a
    7         mandatory assessment under certain conditions;
    8         requiring the clerks of court to develop a uniform
    9         form to be used in identifying and imposing mandatory
   10         assessments; providing for the Supreme Court to
   11         approve the form; defining terms; amending s. 28.246,
   12         F.S.; revising requirements for the clerks of court to
   13         report on the assessment and collection of certain
   14         fines or other monetary penalties, fees, costs, and
   15         charges; prescribing requirements for reporting
   16         certain assessments that are waived, suspended, or
   17         reduced; requiring the clerks to report collection
   18         rates; providing guidelines for calculating the
   19         collection rate; revising the timeframe for submitting
   20         the report; requiring the clerks, rather than the
   21         Department of Financial Services, to develop a
   22         reporting form; amending s. 28.42, F.S.; removing an
   23         obsolete date; providing for the clerks to consult
   24         with the Office of the State Courts Administrator in
   25         developing the form and guidelines governing the
   26         reporting of amounts assessed and collected; providing
   27         for the clerks of court, rather than the Office of the
   28         State Courts Administrator, to prepare and disseminate
   29         a manual of court-related filing fees, service
   30         charges, costs, and fines; providing for applicability
   31         of amendments made by the act; providing an effective
   32         date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 28.2457, Florida Statutes, is created to
   37  read:
   38         28.2457Mandatory monetary assessments.—
   39         (1)(a) Except as otherwise provided by law, a monetary
   40  assessment mandated by statute shall be imposed and included in
   41  the judgment without regard to whether the assessment is
   42  announced in open court.
   43         (b) When an assessment mandated by statute prescribes a
   44  minimum assessment and a maximum assessment, or prescribes
   45  solely a minimum assessment, the minimum assessment is presumed
   46  and shall be imposed and included in the judgment, unless the
   47  court specifies a greater amount.
   48         (2) The clerks of court, through their association and in
   49  consultation with the Office of the State Courts Administrator,
   50  shall develop by October 1, 2012, a uniform form for the
   51  identification and imposition of all assessments mandated by
   52  statute. The clerks shall submit the form by that date, and by
   53  October 1 every year thereafter if necessary to reflect changes
   54  in the law, to the Supreme Court for approval. Upon approval of
   55  the form by the Supreme Court, all circuit and county courts
   56  shall use the form.
   57         (3) As used in this section, the term “monetary assessment”
   58  or “assessment” includes, but is not limited to, a fine or other
   59  monetary penalty, fee, service charge, or cost.
   60         Section 2. Section 28.246, Florida Statutes, is amended to
   61  read:
   62         28.246 Payment of court-related fines or other monetary
   63  penalties, fees, charges, and costs; partial payments;
   64  distribution of funds.—
   65         (1) The clerk of the circuit court shall report the
   66  following information to the Legislature and the Florida Clerks
   67  of Court Operations Corporation on a form, and using guidelines
   68  developed by the clerks of court, through their association and
   69  in consultation with the Office of the State Courts
   70  Administrator Department of Financial Services:
   71         (a) The total amount of mandatory fees, service charges,
   72  and costs; the total amount actually assessed; the total amount
   73  underassessed, if any, which is the amount less than the minimum
   74  amount required by law to be discharged, waived, or otherwise
   75  not assessed; and the total amount collected.
   76         (b) The total amount of discretionary fees, service
   77  charges, and costs assessed; the total amount discharged; and
   78  the total amount collected.
   79         (c) The total amount of mandatory fines and other monetary
   80  penalties; the total amount assessed; the total amount
   81  underassessed, if any, which is the amount less than the minimum
   82  amount required by law to be discharged, waived, or otherwise
   83  not assessed; and the total amount collected.
   84         (d) The total amount of discretionary fines and other
   85  monetary penalties assessed; the amount discharged; and the
   86  total amount collected.
   87  
   88  If provided to the clerk of court by the judge, The clerk, in
   89  reporting to the Legislature amount assessed, shall separately
   90  identify the monetary amount assessed and subsequently
   91  discharged or converted pursuant to s. 938.30 as community
   92  service,; assessed by reducing the amount to a judgment or lien,
   93  or to; satisfied by time served; or other. The form developed by
   94  the clerks Chief Financial Officer shall include separate
   95  entries for recording the amount discharged and the amount
   96  converted these amounts. If a court waives, suspends, or reduces
   97  an assessment as authorized by law, the portion waived,
   98  suspended, or reduced may not be deemed assessed or
   99  underassessed for purposes of the reporting requirements of this
  100  section. The clerk also shall report a collection rate for
  101  mandatory and discretionary assessments. In calculating the
  102  rate, the clerk shall deduct amounts discharged or converted
  103  from the amount assessed. The clerk shall submit the report on
  104  an annual basis 90 60 days after the end of the county fiscal
  105  year. The clerks and the courts shall develop by October 1,
  106  2012, the form and guidelines to govern the accurate and
  107  consistent reporting statewide of assessments as provided in
  108  this section. The clerk shall use the new reporting form and
  109  guidelines in submitting the report for the county fiscal year
  110  ending September 30, 2013, and for each year thereafter.
  111         (2) The clerk of the circuit court shall establish and
  112  maintain a system of accounts receivable for court-related fees,
  113  charges, and costs.
  114         (3) Court costs, fines, and other dispositional assessments
  115  shall be enforced by order of the courts, collected by the
  116  clerks of the circuit and county courts, and disbursed in
  117  accordance with authorizations and procedures as established by
  118  general law.
  119         (4) The clerk of the circuit court shall accept partial
  120  payments for court-related fees, service charges, costs, and
  121  fines in accordance with the terms of an established payment
  122  plan. An individual seeking to defer payment of fees, service
  123  charges, costs, or fines imposed by operation of law or order of
  124  the court under any provision of general law shall apply to the
  125  clerk for enrollment in a payment plan. The clerk shall enter
  126  into a payment plan with an individual who the court determines
  127  is indigent for costs. A monthly payment amount, calculated
  128  based upon all fees and all anticipated costs, is presumed to
  129  correspond to the person’s ability to pay if the amount does not
  130  exceed 2 percent of the person’s annual net income, as defined
  131  in s. 27.52(1), divided by 12. The court may review the
  132  reasonableness of the payment plan.
  133         (5) When receiving partial payment of fees, service
  134  charges, court costs, and fines, clerks shall distribute funds
  135  according to the following order of priority:
  136         (a) That portion of fees, service charges, court costs, and
  137  fines to be remitted to the state for deposit into the General
  138  Revenue Fund.
  139         (b) That portion of fees, service charges, court costs, and
  140  fines which are required to be retained by the clerk of the
  141  court or deposited into the Clerks of the Court Trust Fund
  142  within the Justice Administrative Commission.
  143         (c) That portion of fees, service charges, court costs, and
  144  fines payable to state trust funds, allocated on a pro rata
  145  basis among the various authorized funds if the total collection
  146  amount is insufficient to fully fund all such funds as provided
  147  by law.
  148         (d) That portion of fees, service charges, court costs, and
  149  fines payable to counties, municipalities, or other local
  150  entities, allocated on a pro rata basis among the various
  151  authorized recipients if the total collection amount is
  152  insufficient to fully fund all such recipients as provided by
  153  law.
  154  
  155  To offset processing costs, clerks may impose either a per-month
  156  service charge pursuant to s. 28.24(26)(b) or a one-time
  157  administrative processing service charge at the inception of the
  158  payment plan pursuant to s. 28.24(26)(c).
  159         (6) A clerk of court shall pursue the collection of any
  160  fees, service charges, fines, court costs, and liens for the
  161  payment of attorney attorney’s fees and costs pursuant to s.
  162  938.29 which remain unpaid after 90 days by referring the
  163  account to a private attorney who is a member in good standing
  164  of The Florida Bar or collection agent who is registered and in
  165  good standing pursuant to chapter 559. In pursuing the
  166  collection of such unpaid financial obligations through a
  167  private attorney or collection agent, the clerk of the court
  168  must have attempted to collect the unpaid amount through a
  169  collection court, collections docket, or other collections
  170  process, if any, established by the court, find this to be cost
  171  effective and follow any applicable procurement practices. The
  172  collection fee, including any reasonable attorney’s fee, paid to
  173  any attorney or collection agent retained by the clerk may be
  174  added to the balance owed in an amount not to exceed 40 percent
  175  of the amount owed at the time the account is referred to the
  176  attorney or agent for collection. The clerk shall give the
  177  private attorney or collection agent the application for the
  178  appointment of court-appointed counsel regardless of whether the
  179  court file is otherwise confidential from disclosure.
  180         Section 3. Section 28.42, Florida Statutes, is amended to
  181  read:
  182         28.42 Manual of court-related filing fees, charges, costs,
  183  and fines.—No later than July 1, 2004, The clerks of court,
  184  through their association and in consultation with the Office of
  185  the State Courts Administrator shall prepare and disseminate a
  186  manual of court-related filing fees, service charges, costs, and
  187  fines imposed pursuant to state law, organized by county for
  188  each type of action and offense and classified as either
  189  mandatory or discretionary. The clerks, through their
  190  association, Office of the State Courts Administrator shall
  191  disseminate this manual to the chief judge, state attorney,
  192  public defender, and court administrator in each circuit and to
  193  the clerk of the court in each county. The clerks, through their
  194  association and in consultation with the Office of the State
  195  Courts Administrator, shall at a minimum update and disseminate
  196  this manual on July 1 of each year thereafter.
  197         Section 4. Notwithstanding the amendments made by this act
  198  to s. 28.246, Florida Statutes, the clerks of court shall use
  199  the reporting requirements, standards, and form prescribed in
  200  that section before July 1, 2012, for the report due for the
  201  county fiscal year ending September 30, 2012. The amendments
  202  made by this act to s. 28.246, Florida Statutes, apply beginning
  203  with the report for the county fiscal year ending September 30,
  204  2013.
  205         Section 5. This act shall take effect July 1, 2012.