Bill Text: FL H1279 | 2011 | Regular Session | Comm Sub

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Bill Title: Costs of Prosecution

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1279 Detail]

Download: Florida-2011-H1279-Comm_Sub.html

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CS/HB 1279

1	A bill to be entitled
2	An act relating to costs of prosecution; amending s.
3	28.246, F.S.; providing for remittance of the costs of
4	prosecution to a specified trust fund; providing for
5	allocation of funds in certain circumstances; providing
6	for collection of costs of prosecution; amending s.
7	903.286, F.S.; providing for the withholding of unpaid
8	costs of prosecution from the return of a cash bond posted
9	on behalf of a criminal defendant; requiring a notice on
10	bond forms of such possible withholding; amending s.
11	938.27, F.S.; providing liability for the cost of
12	prosecution for persons whose cases are disposed of under
13	specified provisions; requiring courts to impose the costs
14	of prosecution and investigation; requiring that costs of
15	prosecution and investigation not be converted to any form
16	of court-ordered community service; clarifying the types
17	of cases from which the clerk of the court must collect
18	and dispense cost payments; requiring the clerk of the
19	court to assign the first of any fees or costs collected
20	as payment for costs of prosecution; amending s. 985.032,
21	F.S.; providing for assessment of costs of prosecution
22	against a juvenile who has been adjudicated delinquent or
23	has adjudication of delinquency withheld; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsections (5) and (6) of section 28.246,
29	Florida Statutes, are amended to read:
30	28.246  Payment of court-related fees, charges, costs of
31	prosecution, and costs; partial payments; distribution of
32	funds.-
33	(5)  When receiving partial payment of fees, service
34	charges, court costs, costs of prosecution, and fines, clerks
35	shall distribute funds according to the following order of
36	priority:
37	(a)  That portion of fees, service charges, court costs,
38	and fines to be remitted to the state for deposit into the
39	General Revenue Fund and that portion of the costs of
40	prosecution to be remitted to the state shall be deposited into
41	the State Attorneys Revenue Trust Fund, allocated on a pro rata
42	basis among the authorized funds if the total collection amount
43	is insufficient to fully fund such funds as provided by law.
44	(b)  That portion of fees, service charges, court costs,
45	and fines which are required to be retained by the clerk of the
46	court or deposited into the Clerks of the Court Trust Fund
47	within the Justice Administrative Commission.
48	(c)  Except as provided in paragraph (a), that portion of
49	fees, service charges, court costs, and fines payable to state
50	trust funds, allocated on a pro rata basis among the various
51	authorized funds if the total collection amount is insufficient
52	to fully fund all such funds as provided by law.
53	(d)  That portion of fees, service charges, court costs,
54	and fines payable to counties, municipalities, or other local
55	entities, allocated on a pro rata basis among the various
56	authorized recipients if the total collection amount is
57	insufficient to fully fund all such recipients as provided by
58	law.
59
60	To offset processing costs, clerks may impose either a per-month
61	service charge pursuant to s. 28.24(26)(b) or a one-time
62	administrative processing service charge at the inception of the
63	payment plan pursuant to s. 28.24(26)(c).
64	(6)  A clerk of court shall pursue the collection of any
65	fees, service charges, fines, court costs, costs of prosecution,
66	and liens for the payment of attorney's fees and costs pursuant
67	to s. 938.29 which remain unpaid after 90 days by referring the
68	account to a private attorney who is a member in good standing
69	of The Florida Bar or collection agent who is registered and in
70	good standing pursuant to chapter 559. In pursuing the
71	collection of such unpaid financial obligations through a
72	private attorney or collection agent, the clerk of the court
73	must have attempted to collect the unpaid amount through a
74	collection court, collections docket, or other collections
75	process, if any, established by the court, find this to be cost-
76	effective and follow any applicable procurement practices. The
77	collection fee, including any reasonable attorney's fee, paid to
78	any attorney or collection agent retained by the clerk may be
79	added to the balance owed in an amount not to exceed 40 percent
80	of the amount owed at the time the account is referred to the
81	attorney or agent for collection. The clerk shall give the
82	private attorney or collection agent the application for the
83	appointment of court-appointed counsel regardless of whether the
84	court file is otherwise confidential from disclosure.
85	Section 2.  Section 903.286, Florida Statutes, is amended
86	to read:
87	903.286  Return of cash bond; requirement to withhold
88	unpaid fines, fees, court costs; cash bond forms.-
89	(1)  Notwithstanding s. 903.31(2), the clerk of the court
90	shall withhold from the return of a cash bond posted on behalf
91	of a criminal defendant by a person other than a bail bond agent
92	licensed pursuant to chapter 648 sufficient funds to pay any
93	unpaid costs of prosecution, court fees, court costs, and
94	criminal penalties. If sufficient funds are not available to pay
95	all unpaid costs of prosecution, court fees, court costs, and
96	criminal penalties, the clerk of the court shall immediately
97	obtain payment from the defendant or enroll the defendant in a
98	payment plan pursuant to s. 28.246.
99	(2)  All cash bond forms used in conjunction with the
100	requirements of s. 903.09 must prominently display a notice
101	explaining that all funds are subject to forfeiture and
102	withholding by the clerk of the court for the payment of costs
103	of prosecution, court fees, court costs, and criminal penalties
104	on behalf of the criminal defendant regardless of who posted the
105	funds.
106	Section 3.  Section 938.27, Florida Statutes, is amended to
107	read:
108	938.27  Judgment for costs on conviction.-
109	(1)  In all criminal and violation-of-probation or
110	community-control cases, convicted persons and persons whose
111	cases are disposed of pursuant to s. 948.08(6)(c) or s.
112	948.16(2) are liable for payment of the costs of prosecution,
113	including investigative costs incurred by law enforcement
114	agencies, by fire departments for arson investigations, and by
115	investigations of the Department of Financial Services or the
116	Office of Financial Regulation of the Financial Services
117	Commission, if requested by such agencies. The court shall
118	include these costs in every judgment rendered against the
119	convicted person. For purposes of this section, "convicted"
120	means a determination of guilt, or of violation of probation or
121	community control, which is a result of a plea, trial, or
122	violation proceeding, regardless of whether adjudication is
123	withheld.
124	(2)(a)  Notwithstanding any other provision of law, court
125	rule, or administrative order, the court shall impose the costs
126	of prosecution and investigation. Costs of prosecution and
127	investigation shall not be converted to any form of court-
128	ordered community service in lieu of this statutory financial
129	obligation.
130	(b)(a)  The court shall impose the costs of prosecution and
131	investigation notwithstanding the defendant's present ability to
132	pay. The court shall require the defendant to pay the costs
133	within a specified period or in specified installments.
134	(c)(b)  The end of such period or the last such installment
135	shall not be later than:
136	1.  The end of the period of probation or community
137	control, if probation or community control is ordered;
138	2.  Five years after the end of the term of imprisonment
139	imposed, if the court does not order probation or community
140	control; or
141	3.  Five years after the date of sentencing in any other
142	case.
143
144	However, in no event shall the obligation to pay any unpaid
145	amounts expire if not paid in full within the period specified
146	in this paragraph.
147	(d)(c)  If not otherwise provided by the court under this
148	section, costs shall be paid immediately.
149	(3)  If a defendant is placed on probation or community
150	control, payment of any costs under this section shall be a
151	condition of such probation or community control. The court may
152	revoke probation or community control if the defendant fails to
153	pay these costs.
154	(4)  Any dispute as to the proper amount or type of costs
155	shall be resolved by the court by the preponderance of the
156	evidence. The burden of demonstrating the amount of costs
157	incurred is on the state attorney. The burden of demonstrating
158	the financial resources of the defendant and the financial needs
159	of the defendant is on the defendant. The burden of
160	demonstrating such other matters as the court deems appropriate
161	is upon the party designated by the court as justice requires.
162	(5)  Any default in payment of costs may be collected by
163	any means authorized by law for enforcement of a judgment.
164	(6)  The clerk of the court shall collect and dispense cost
165	payments in any case, regardless of whether the disposition of
166	the case takes place before the judge in open court or in any
167	other manner provided by law.
168	(7)  Investigative costs that are recovered shall be
169	returned to the appropriate investigative agency that incurred
170	the expense. Such costs include actual expenses incurred in
171	conducting the investigation and prosecution of the criminal
172	case; however, costs may also include the salaries of permanent
173	employees. Any investigative costs recovered on behalf of a
174	state agency must be remitted to the Department of Revenue for
175	deposit in the agency operating trust fund, and a report of the
176	payment must be sent to the agency, except that any
177	investigative costs recovered on behalf of the Department of Law
178	Enforcement shall be deposited in the department's Forfeiture
179	and Investigative Support Trust Fund under s. 943.362.
180	(8)  Costs for the state attorney shall be set in all cases
181	at no less than $50 per case when a misdemeanor or criminal
182	traffic offense is charged and no less than $100 per case when a
183	felony offense is charged, including a proceeding in which the
184	underlying offense is a violation of probation or community
185	control. The court may set a higher amount upon a showing of
186	sufficient proof of higher costs incurred. Costs recovered on
187	behalf of the state attorney under this section shall be
188	deposited into the State Attorneys Revenue Trust Fund to be used
189	during the fiscal year in which the funds are collected, or in
190	any subsequent fiscal year, for actual expenses incurred in
191	investigating and prosecuting criminal cases, which may include
192	the salaries of permanent employees, or for any other purpose
193	authorized by the Legislature.
194	(9)  Notwithstanding any law, court rule, or administrative
195	order, the clerk shall assign the first of any fees or costs
196	paid by a defendant as payment of the costs of prosecution.
197	Section 4.  Section 985.032, Florida Statutes, is amended
198	to read:
199	985.032  Legal representation for delinquency cases.-
200	(1)  For cases arising under this chapter, the state
201	attorney shall represent the state.
202	(2)  A juvenile who has been adjudicated delinquent or has
203	adjudication of delinquency withheld shall be assessed costs of
204	prosecution 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.