IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2005-061 PA/PI-CIR

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RE:     RECOVERY OF EXPENDITURES FOR STATE-FUNDED SERVICES

 

Section 67 of Chapter 2005-236, Laws of Florida, requires the Trial Courts Administrator of each Circuit to recover expenditures for State-funded services when those services have been furnished to a user of the State court system who possesses the present ability to pay.  Costs that must be recovered include those for:  court reporter services and transcription; interpreter services, including translation; and any other service for which State funds were used to provide a product or service within the Circuit.  The Sixth Judicial Circuit has procedures to recover transcription costs throughout the Circuit.  Procedures must be established to recover other expenditures.

 

Pursuant to Rule of Judicial Administration 2.050, the Chief Judge has the authority to adopt administrative orders necessary to ensure the operation of the court system.

 

Therefore, in order to publish the system for cost recovery of State-funded expenditures in the Sixth Judicial Circuit, it is therefore:

 

ORDERED:

 

1.         The Court will recover costs for State-funded services used by parties to litigation in the Sixth Judicial Circuit from the respective user of that service who possesses the present ability to pay. 

 

2.         Any party that believes he or she does not have the present ability to pay for State-funded services must be determined indigent by either the Clerk of Court or by the Court.  Indigent status will be determined in accordance with Administrative Order No. 2005-040 PA/PI-CIR or subsequent Administrative Orders.  Parties that are not determined indigent by either the Clerk of Court or by the Court are deemed to have the present ability to pay. 

 

            3.         Parties subject to cost recovery will be provided a Letter of Recovery by the Administrative Office of the Courts, Fiscal Office.  The Letter of Recovery will include: 

 

(a)       the case name and uniform case number;

(b)       amount of the cost(s) to be recovered with the service(s) and date(s) provided;

(c)       the basis for determining the amount of the cost, whether by specified  

Administrative Order, reference to court contract rates, invoice from the service provider, or other means;

(d)       the authority for the assessment of cost;  

(e)       instructions for payment of the cost(s); and.

(f)        the date the Letter is mailed or delivered to the party.

 

All checks submitted for payment by a party shall include the case number on the check.   

 

4.         A party that has the present ability to pay may only request correction of the amount(s) assessed by alleging error in whether the service was actually provided or in the basis for determining the amount of the cost.  Each allegation of error must be supported by specific factual statements.  Requests for correction of the amount(s) assessed must be received at the address provided for payment of the assessed cost within fourteen (14) days from the date the Letter of Recovery is mailed or delivered to the party.  Requests for the correction of an assessed amount will be reviewed and considered by the Trial Courts Administrator whose decisions will be final. 

 

5.         Assessed costs that are not paid in full within sixty (60) days of the date that the Letter of Recovery is mailed or delivered to the party will be considered delinquent.  However, a party who under paragraph 4 of this Administrative Order, timely requests the correction of an amount assessed will have sixty (60) days from the date of the Trial Courts Administrator’s determination for payment of the amount determined correct, if any, before the unpaid amount is considered delinquent.  Delinquent costs may be referred for collection in accordance with State law.  A party whose delinquent unpaid cost of State-funded services is referred for collection may also be subject to the cost of recovery necessary to collect the assessed amount.

 

            6.         Nothing in this Administrative Order authorizes the collection of new or additional funds for State-funded small claims case mediation, county civil mediation, or family mediation that is court-provided as described in Administrative Order No. 2005-005 PA/PI-CIR or subsequent Administrative Orders.  Nothing in this Administrative Order affects cost recovery for incapacity and guardianship cases under Administrative Order No. 2004-100 PA/PI-CIR or subsequent Administrative Orders.  Nothing in this Administrative Order affects cost recovery for transcription costs under the Sixth Judicial Circuit Court Reporting Plan.  This Administrative Order also does not proscribe or limit the collection of other costs for State-funded services that may be separately authorized by law or Administrative Order.

 

            DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this ___ day of September 2005, nunc pro tunc to July 1, 2005.

 

 

                                                                                    ___________________________________

                                                                                    David A. Demers, Chief Judge

 

 

cc:       All Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Bob Dillinger, Public Defender

            The Honorable Jed Pittman, Clerk of Court, Pasco County

            The Honorable Ken Burke, Clerk of Court, Pinellas County

            Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office

            Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office

            Gay Inskeep, Trial Courts Administrator

            Kerry L. Rice, Senior Deputy Courts Administrator, Pasco County

            Bar Associations, Pasco and Pinellas

            Law Libraries, Pasco and Pinellas