IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER 2009-040 PA/PI-CIR
IN RE: COURT COSTS, ASSESSMENTS, SURCHARGES, AND
FINES
In order to provide for the efficient and proper administration of justice and to ensure that statutorily mandated costs, assessments, surcharges, and fines are assessed and collected; and
In recognition that the Clerks of the Circuit Court assist the Court with preparation of dispositional orders and judgments, under the direction and supervision of the trial court; and
In order to provide direction to the Clerks of the Circuit Court regarding this function; and
In order to provide information to the Chief Judge regarding the collection of costs, assessments, surcharges, and fines, and
In order to update Administrative Order 2009-006 PA/PI-CIR to incorporate legislative changes, and
Pursuant to the authority of the Chief Judge in Rule of Judicial Administration 2.215, and § 43.26, Florida Statutes,
IT IS ORDERED:
1. The
Clerks of the Circuit Court are directed to include all statutorily mandated
costs, assessments, and surcharges (hereinafter referred to as costs) in all
written judgments and sentences submitted to a judge by the Clerk, regardless
of whether those mandatory costs were orally announced by the presiding judge, unless
a judge specifically states that they are not to be imposed. Statutorily mandated costs must be assessed
whether or not they are orally announced.
See Reyes v. State, 655 So. 2d
111, 116 (
2. The
Clerks are directed to include all statutorily mandated fines in the written
judgments and sentences submitted to a judge, regardless of whether the
mandatory fine was orally announced by the presiding judge at sentencing. If there is a range in the amount of a
mandatory fine to be imposed, the Clerk is directed to include the statutory
minimum mandatory amount of the fine in the written judgments and sentences
submitted to a judge unless the trial judge imposes a higher fine or, if
statutorily authorized, the trial judge reduces or suspends a defendant’s fine on
the state attorney’s motion,. See Angel v. State, 769 So. 2d 494 (
3. Judges
of the Sixth Judicial Circuit are encouraged to assess at least the recommended
standard assessment, including the discretionary fine as reflected in
Attachments A-E. If a defendant does not
waive itemization of any discretionary cost or fine, the Court must orally
announce those discretionary amounts.
See Reyes v. State, 655 So. 2d 111, 116 (
4. Deputy
clerks are to make available to the presiding judge, the recommended standard
assessment as reflected in Attachments A-E.
5. If a judge imposes the standard assessment and does not direct to the contrary, the Clerk is to allocate the standard assessment as reflected in Attachments A-E. The amount assessed shall first be allocated to all mandatory costs and fines applicable in a case. Any amount remaining after assessing mandatory costs and fines shall be allocated as a discretionary fine pursuant to § 775.083(1), Florida Statutes.
6. The Clerks shall prepare an order making the costs and fines imposed in the judgment a lien in favor of the Clerk on behalf of the State of Florida. The judgment lien shall be recorded in the official records after it is signed by the Court in accordance with law. The requirement to record a judgment lien does not apply to judgments in delinquency cases where an adjudication of guilt is withheld. The judgment lien is a lien against all property owned by the defendant or property acquired in the future and will accrue interest at the statutory rate. The imposition of a lien shall not replace other collection efforts.
7. For defendants who are placed on probation, the probation agency shall ensure that costs and fines are paid and shall notify the Court of failure to pay in accordance with established practices. If the Court terminates probation and costs and fines are still owing, the Clerks may enter into a payment plan with the defendant and are directed to make every effort to collect all costs, assessments, surcharges, and fines assessed by the Court in accordance with § 28.246, Florida Statutes, including referral to a collections agent.
For defendants who are sentenced to the Department of Corrections or to county jail time, or who receive time served, the Clerks, upon the defendant’s release from custody may enter into a payment plan with the defendant and are directed to make every effort to collect all costs, assessments, surcharges, and fines assessed by the Court in accordance with § 28.246, Florida Statutes, including referral to a collections agent.
8. If the Clerks identify systemic obstacles to collection of court costs or fines, the Clerks shall notify the Chief Judge.
9. Judges of the Sixth Judicial Circuit assigned to the criminal division are encouraged to develop methods to assist the Clerks in the collection of costs, assessments, surcharges, and fines assessed by the Court.
10. The Clerks shall provide the following reports to the Chief Judge, Trial Courts Administrator, State Attorney, Public Defender, and Regional Counsel on a monthly basis until further order of the Court:
a. A report of new monies collected by the Clerk as a result of Chapter 2008-111, Laws of Florida (SB 1790), identifying the amounts collected for each statutory cost or fine and the distribution of those funds.
b. A report of new monies collected for deposit into the State Courts System Trust Fund, created by Chapter 2009-7, Laws of Florida (SB 14A) identifying the amounts collected for each statutory cost or fine.
c. A report on all Court related collections that are included in the Distribution Schedule of Court Related Filing Fees, Service Charges, Costs, and Fines prepared by the Florida Association of Court Clerks, Inc., identifying the authority for the collection of those funds, the amounts collected per month, and the distribution of the amounts collected. The report shall be in substantially the same format as Attachment F.
Administrative Order 2009-006 PA/PI-CIR is hereby rescinded.
DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this ______day of June 2009.
____________________________
Robert J. Morris, Jr., Chief Judge
cc: All Judges
The Honorable
The Honorable Bob Dillinger, Public Defender
The
Honorable
The
Honorable Paula O’Neil, Clerk of the Circuit Court,
The
Honorable Jim Coats,
The
Honorable Bob White,
Suzanne M. Mucklow, Executive Director, Pinellas County Clerk’s Office
Debbie Gay, Pasco County Clerk’s Office
Gay L. Inskeep, Trial Courts Administrator
Florida Department of Corrections
Salvation Army