Florida Senate - 2023                                    SB 1180
       
       
        
       By Senator Simon
       
       
       
       
       
       3-00545-23                                            20231180__
    1                        A bill to be entitled                      
    2         An act relating to costs of supervision or care;
    3         amending s. 985.039, F.S.; prohibiting a child,
    4         including a child who is found to be dependent, or the
    5         child’s parent or legal guardian or a young adult
    6         eligible for continued care from being ordered or
    7         deemed obligated to pay any fees for the cost of
    8         supervision or cost of care; providing that on or
    9         after a specified date the balance of any cost-of
   10         supervision or cost-of-care fees ordered or deemed
   11         obligated pursuant to specified provisions against
   12         certain persons are unenforceable and uncollectable;
   13         providing that as of a specified date, the portion of
   14         a court order imposing such costs is vacated;
   15         prohibiting any necessary procedures from requiring
   16         any affirmative action on the part of the affected
   17         persons; requiring the vacatur and discharge of all
   18         such fees by a specified date; providing that on or
   19         after a specified date all unsatisfied civil judgments
   20         or portions thereof for certain unpaid fees against
   21         certain persons are deemed null and void and are
   22         vacated and discharged; prohibiting any necessary
   23         procedures from requiring any affirmative action on
   24         the part of the affected persons; requiring the
   25         vacatur and discharge of all such civil judgments by a
   26         specified date; providing that on or after a specified
   27         date certain warrants issued solely on the alleged
   28         failure of certain persons to pay or appear to pay
   29         certain fees are deemed null and void; prohibiting any
   30         necessary procedures from requiring any affirmative
   31         action on the part of the affected persons; requiring
   32         the rescinding and expungement of all such warrants by
   33         a specified date; providing that on or after a
   34         specified date certain persons who have had their
   35         driver license suspended solely for nonpayment of
   36         cost-of-supervision or cost-of care-fees are
   37         immediately eligible to have their driver licenses
   38         reinstated; deleting provisions requiring the parent
   39         of certain children to pay specified fees for the cost
   40         of supervision or cost of care; deleting provisions
   41         requiring the parent of certain children to provide
   42         specified information to the department or a court;
   43         deleting provisions relating to a court receiving
   44         information and making determinations regarding a
   45         parent’s ability to pay; deleting provisions requiring
   46         a court to order the payment of certain fees; deleting
   47         provisions authorizing a court to order that a child
   48         pay certain fees; deleting provisions requiring the
   49         department to seek a certain federal waiver; deleting
   50         provisions authorizing the department to employ and
   51         work with a collections agency; deleting a definition;
   52         amending ss. 985.145 and 985.514, F.S.; conforming
   53         provisions to changes made by the act; providing an
   54         effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 985.039, Florida Statutes, is amended to
   59  read:
   60         985.039 Cost of supervision; cost of care.—
   61         (1)A child, including a child who is found to be dependent
   62  as defined in s. 39.01, or the child’s parent or legal guardian,
   63  or a young adult eligible for continued care pursuant to s.
   64  39.6251 may not be ordered or deemed obligated to pay any fees
   65  for the cost of supervision or cost of care.
   66         (2)(a)On or after July 1, 2023, the balance of any cost
   67  of-supervision or cost-of-care fees ordered or deemed obligated
   68  against a child, including a child who is found to be dependent
   69  as defined in s. 39.01, or the child’s parent or legal guardian,
   70  pursuant to former s. 985.039, Florida Statutes 2023, is
   71  unenforceable and uncollectable, and on January 1, 2024, the
   72  portion of the court order imposing those costs is vacated.
   73         (b)Any procedures necessary to accomplish the purposes of
   74  this subsection may not require any affirmative action on the
   75  part of any child, including a child who is found to be
   76  dependent as defined in s. 39.01, or the child’s parent or legal
   77  guardian subject to such fees. Such procedures must be designed
   78  and implemented so as to accomplish the vacatur and discharge of
   79  all such fees by January 1, 2024.
   80         (3)(a)On or after July 1, 2023, all unsatisfied civil
   81  judgments, or portions of judgments based on unpaid fees for the
   82  cost of supervision or cost of care ordered or deemed obligated
   83  pursuant to former s. 985.039, Florida Statutes 2023, on a
   84  child, including a child who is found to be dependent as defined
   85  in s. 39.01, or the child’s parent or legal guardian, are deemed
   86  to be null and void and, for all legal purposes, are vacated and
   87  discharged.
   88         (b)Any procedures necessary to accomplish the purposes of
   89  this subsection may not require any affirmative action on the
   90  part of any delinquent child or the child’s parent or legal
   91  guardian subject to such judgment. Such procedures must be
   92  designed and implemented so as to accomplish the vacatur and
   93  discharge of all such civil judgments by January 1, 2024.
   94         (4)(a)On or after July 1, 2023, all warrants issued solely
   95  based on the alleged failure of a child, including a child who
   96  is found to be dependent as defined in s. 39.01, or the child’s
   97  parent or legal guardian to pay or to appear on a court date set
   98  for the sole purpose of payment of fees ordered or deemed
   99  obligated pursuant to former s. 985.039, Florida Statutes 2023,
  100  are deemed to be null and void.
  101         (b)Any procedures necessary to accomplish the purposes of
  102  this subsection may not require any affirmative action on the
  103  part of a child, including a child who is found to be dependent
  104  as defined in s. 39.01, or the child’s parent or legal guardian
  105  subject to such warrant. Such procedures must be designed and
  106  implemented so as to accomplish the rescinding and expungement
  107  of all such warrants by January 1, 2024.
  108         (5)On or after July 1, 2023, any child, including a child
  109  who is found to be dependent pursuant to s. 39.01, or the
  110  child’s parent or legal guardian who has had their driver
  111  license suspended under s. 318.15 or s. 322.245 solely for
  112  nonpayment of cost-of-supervision or cost-of-care fees ordered
  113  or deemed obligated pursuant to former s. 985.039, Florida
  114  Statutes 2023, is immediately eligible to have his or her driver
  115  license reinstated.
  116         (1) Except as provided in subsection (3) or subsection (4):
  117         (a) When any child is placed into supervised release
  118  detention, probation, or other supervision status with the
  119  department, or is committed to the minimum-risk nonresidential
  120  restrictiveness level, the court shall order the parent of such
  121  child to pay to the department a fee for the cost of the
  122  supervision of such child in the amount of $1 per day for each
  123  day that the child is in such status.
  124         (b) When any child is placed into secure detention or
  125  placed on committed status and the temporary legal custody of
  126  such child is placed with the department, the court shall order
  127  the parent of such child to pay to the department a fee for the
  128  cost of the care of such child in the amount of $5 per day for
  129  each day that the child is in the temporary legal custody of the
  130  department.
  131         (2) The parent of any child who has been placed under the
  132  supervision or care of the department shall provide to the
  133  department his or her name, address, social security number,
  134  date of birth, driver license number or identification card
  135  number, and sufficient financial information so as to assist the
  136  court in determining the parent’s ability to pay any fee
  137  associated with the cost of the child’s supervision or care. If
  138  the parent refuses to provide the department with the
  139  information required by this subsection, the court shall order
  140  the parent to provide such information. The failure of the
  141  parent to comply with such order of the court constitutes
  142  contempt of court, and the court may punish the parent
  143  accordingly.
  144         (3) At the time of any detention or disposition hearing,
  145  the court shall receive the information described in subsection
  146  (2), as well as any other verbal or written information offered
  147  as to the ability of the parent of a child who is being placed
  148  under the supervision or care of the department to pay any fee
  149  imposed pursuant to this section and whether the payment of such
  150  fee will create a significant financial hardship. The court may
  151  apportion the obligation for the fee to each parent in a manner
  152  it deems appropriate; however, the total amount of the daily fee
  153  may not exceed the amounts specified in this section. Any
  154  finding made by the court as to the ability of the parent to pay
  155  such fee, including any finding of indigency or significant
  156  financial hardship, shall be in writing and shall contain a
  157  detailed description of the facts supporting such finding. If
  158  the court makes a finding of indigency and significant financial
  159  hardship, the court shall waive the fee or reduce it to an
  160  amount deemed appropriate.
  161         (4) Notwithstanding subsection (3), the court may reduce or
  162  waive the fee as to each parent if the court makes a finding on
  163  the record that the parent was the victim of the delinquent act
  164  or violation of law for which the child has been placed under
  165  the supervision or care of the department and that the parent is
  166  cooperating or has cooperated with the investigation of the
  167  offense.
  168         (5) The court shall order the payment of any fees required
  169  in this section as part of the detention or disposition order.
  170  Such order must include specific written findings as to what
  171  fees are ordered, reduced, or waived. If the court fails to
  172  enter an order as required by this section, the parent is deemed
  173  to have an obligation to pay to the department a fee in the
  174  amount of $1 per day for each day that the child is under the
  175  supervision of the department and $5 per day for each day that
  176  the child remains in the care of the department.
  177         (6) Notwithstanding subsection (1), with respect to a child
  178  who reaches the age of 18 prior to the detention or disposition
  179  hearing, the court may elect to direct an order required by this
  180  section to such child, rather than to the child’s parent. With
  181  regard to a child who reaches 18 while under the supervision or
  182  care of the department, the court may, upon proper motion of any
  183  party, hold a hearing as to whether any party should be further
  184  obligated to pay any fee associated with cost of the supervision
  185  or care of such child. If the court does not enter an order
  186  under this subsection, it shall be presumed that the court
  187  intended for the parent to pay or to continue to pay the fees
  188  specified in this section. Any order entered pursuant to this
  189  subsection must include specific findings as to what fees are
  190  ordered, reduced, or waived as to the child.
  191         (7) With respect to a child who has been placed under the
  192  supervision or care of the department and whose parent receives
  193  public assistance for any portion of such child’s care, the
  194  department must seek a federal waiver to garnish or otherwise
  195  order the payment of a portion of the public assistance relating
  196  to such child, in an amount not to exceed the amount of the
  197  parent’s obligation, in order to offset the costs to the
  198  department associated with providing supervision or care of such
  199  child.
  200         (8) If any order entered pursuant to this section affects
  201  the guardianship of an estate, a certified copy of such order
  202  shall be delivered to the judge having jurisdiction over the
  203  guardianship of the estate.
  204         (9) The department may employ a collection agency for the
  205  purpose of receiving, collecting, and managing the payment of
  206  any fees ordered pursuant to this section that have gone
  207  delinquent or unpaid for 90 days or more. The collection agency
  208  must be registered and in good standing under chapter 559. The
  209  department may pay for the services of the collection agency
  210  from available authorized funds or from funds generated by any
  211  collections under this subsection. Alternatively, the department
  212  may authorize the collection agency to withhold a specified
  213  amount of any fee collected as payment for its services.
  214         (10) The department or the collection agency shall provide
  215  to the payor documentation of the payment of any fee paid
  216  pursuant to this section. Except as provided in subsection (9),
  217  all payments received by the department or the collection agency
  218  pursuant to this section shall be deposited in the department’s
  219  Grants and Donations Trust Fund.
  220         (11) Under no circumstance shall the court or the
  221  department extend the child’s length of stay in the department’s
  222  supervision or care solely for the purpose of collecting the
  223  fees specified in this section.
  224         (12) No parent or child shall be liable for any fee
  225  provided in this section unless:
  226         (a) The child is adjudicated delinquent, or has
  227  adjudication of delinquency withheld, for the offense that gave
  228  rise to the supervision or care; or
  229         (b) The child is found to have violated an order of the
  230  court, including any order of supervision or care, and the costs
  231  are associated with the violation of such order.
  232  
  233  If any funds are paid for the supervision or care of a child who
  234  is determined not to meet the criteria specified in paragraph
  235  (a) or paragraph (b), such funds shall be refunded to the payor
  236  forthwith.
  237         (13) For purposes of this section, “parent” means any
  238  person who meets the definition of “parent” or “legal custody or
  239  guardian” in s. 985.03.
  240         Section 2. Subsection (2) of section 985.145, Florida
  241  Statutes, is amended to read:
  242         985.145 Responsibilities of the department during intake;
  243  screenings and assessments.—
  244         (2) Prior to requesting that a delinquency petition be
  245  filed or prior to filing a dependency petition, the department
  246  may request the parent or legal guardian of the child to attend
  247  a course of instruction in parenting skills, training in
  248  conflict resolution, and the practice of nonviolence; to accept
  249  counseling; or to receive other assistance from any agency in
  250  the community which notifies the clerk of the court of the
  251  availability of its services. Where appropriate, the department
  252  shall request both parents or guardians to receive such parental
  253  assistance. The department may, in determining whether to
  254  request that a delinquency petition be filed, take into
  255  consideration the willingness of the parent or legal guardian to
  256  comply with such request. The parent or guardian must provide
  257  the department with identifying information, including the
  258  parent’s or guardian’s name, address, date of birth, social
  259  security number, and driver license number or identification
  260  card number in order to comply with s. 985.039.
  261         Section 3. Section 985.514, Florida Statutes, is amended to
  262  read:
  263         985.514 Responsibility for cost of care; fees.—
  264         (1) When any child is placed into detention care or into
  265  other placement for the purpose of being supervised by the
  266  department pursuant to a court order following a detention
  267  hearing, the court may not shall order the child’s parents to
  268  pay fees to the department as provided in s. 985.039.
  269         (2) When any child is found by the court to have committed
  270  a delinquent act and is placed on probation, regardless of
  271  adjudication, under the supervision of or in the temporary legal
  272  custody of the department, the court may not shall order the
  273  child’s parents to pay fees to the department as provided in s.
  274  985.039.
  275         (3) When the court under s. 985.565 orders any child
  276  prosecuted as an adult to be supervised by or committed to the
  277  department for treatment in any of the department’s programs for
  278  children, the court may not shall order the child’s parents to
  279  pay fees as provided in s. 985.039.
  280         Section 4. This act shall take effect July 1, 2023.