IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT,
IN AND FOR SARASOTA COUNTY, FLORIDA
ADMINISTRATIVE ORDER 09-4.2
IN RE: ADMINISTRATIVE ORDER ESTABLISHING
A COLLECTIONS COURT PROGRAM IN SARASOTA COUNTY
WHEREAS, the assessment and provision for payment
of
fines and costs directly
impacts the uniform and equitable treatment
of
offenders as well as directly impacting limited
local resources
to
defray the costs
of
prosecution and public defense and the maintenance and
operation
of
the various courts within the Twelfth Judicial Circuit
of
Florida; and
WHEREAS, pursuant to section 938.30, and 28.246 Florida Statutes, enacting the
Comprehensive Court Enforcement Act, procedures are necessary to improve the assessment
and collection
of
fines and costs in criminal cases; and
WHEREAS, the legislature
of
the State
of
Florida has imposed certain statutorily
mandated costs in every criminal case; and
WHEREAS the State
of
Florida and Sarasota County have imposed certain fines
and/or costs for civil infraction cases; and
WHEREAS, the public confidence that the courts and judicial system are providing
equitable, equal and uniform treatment to all who come before the courts is preserved
if
all
offenders with similar offenses are treated similarly; and
WHEREAS, the efficiency
of
the criminal justice system has been compromised by
persistent shortfalls
of
state revenue and the commensurate reduction
of
the budget
of
the
judicial branch, thereby necessitating innovative attempts
to
collect court imposed fines and
costs;
NOW, THEREFORE, IT IS ORDERED that a Collections Court Program,
hereinafter referred to as the "Program," shall
be
implemented in Sarasota County for the
collection
of
specific financial obligations imposed on defendants by court order. As directed
by the
Chief
Judge and subject to his approval, such obligations may include, fines and costs in
felony and misdemeanor cases, public defender attorney liens and application fees, court
appointed attorney liens, costs
of
prosecution, costs
of
law enforcement investigation, county
ordinance infractions,
mW1icipal
ordinance infractions, civil and civil traffic infractions,
including animal control violations, and parking fines, all
of
which are hereinafter collectively
referred to as "fines and costs." The Program shall not be used for the purpose
of
collecting
restitution
or
cost
of
probation supervision.
The
following procedures shall
be
adopted by the circuit and county courts
of
Sarasota County:
I. Referrals
to
the Program
At
the time
of
sentencing
or
in connection with termination
of
probation, the court may
require
any
defendant ordered to pay fines and costs to participate in and successfully
complete the Program set forth herein. While County Court cases will account for most
of
the
persons eligible for Collections Court, circuit judges also may refer qualified defendants to the
Program.
Referrals to the Collections Court Program are not to occur for so long as the defendant
is on active probation or community control for the misdemeanor or felony case
in
which
the fees and costs are owed. In such instance, the payment
of
fees and costs should be
conditions
of
probation or community control, and monetary obligations are more
appropriately enforced through violation
of
probation or community control
proceedings.
Consequently, the Collections Court Program is intended for:
A. Defendants
on
unsupervised
or
non-reporting probation,
or
other persons for whom
no probationary
or
community control sentence is imposed;
B. Defendants who are under court-ordered supervision, probation,
or
community
control, but who have been unable to complete their probationary period without discharging
their monetary obligations in full, and who are under consideration for termination
of
supervision. Accordingly, the Program may be imposed contemporaneous with an order to
terminate probation
or
community control, provided a substantial period
of
the probationary
or
c-0mmunity control sentence,
if
any, has been served.
The Program
is
not intended for persons whose financial circumstances, as determined
by
the
2
referring
judge,
are so limited that the prospect
of
recovery is demonstrably remote,
or
the
person's
level
of
indigency is such that no payment plan can be imposed without creating a
substantial financial hardship.
II. Notice Form
Using a form approved by the
Chief
Judge, at sentencing the Clerk shall prepare and furnish
each
defendant
who is ordered to comply with the Program a document entitled "Notice
of
Fines
and
Costs, and
Order
Requiring Defendant's Personal Appearance in Court"
(hereinafter referred to as "Notice"). The original Notice shall
be
signed by the defendant and
the
judge
and
placed in the court file. A
copy
of
the Notice shall be furnished to the
defendant.
The
Notice shall advise the defendant
of
the
following:
1.
The
mandatory dates for status hearings for those defendants unable to make a
payment;
2.
The
total
amount
due;
3.
The
amount
of
monthly, weekly
or
daily payments and where payments are to be
made;
4.
As
established by the court, the date payments are to be made during the month until
paid
in
full;
5.
That
the defendant shall
be
assessed an administrative fee payable to the
Clerk
in
the
amount
of
$5.00 per month,
or
a one-time fee
of
$25.00;
6.
That
each time the defend.ant fails to
make
a payment
on
the date specified
an
additional administrative fee
of
$10.00 payable to the Clerk shall
be
assessed against
the defendant for the costs incurred under the Program. This administrative fee when
collected shall
be
disbursed to the Clerk;
7.
That
when a defendant fails
to
appear for a required Collections Court status hearing
a Writ
of
Bodily Attachment shall
be
issued.
For
each such Writ an additional
administrative fee
of
$23 .00 shall be assessed against the defendant for costs incurred
in connection with issuance
of
the Writ. This administrative fee, which is in addition to
any
fee assessed by the
Sheriff
for execution
of
the Writ, when collected, shall
be
3
allocated
by
the Clerk as follows: $8.00 to the Clerk; $ I 0.00 to the Board
of
County
Commissioners for Sarasota County, to defray the costs
of
the program and $5.00 for
the benefit
of
the Sarasota County
Sheriffs
Office for the cost
of
inputting and
processing the Writ.
III. Clerk's Support
of
the CoUections Court Program
The Clerk shall monitor the defendant's compliance with the court-ordered payment schedule.
The Clerk may attempt to collect the fines and costs using any reasonable and customary
means available. The Clerk shall have the authority to recommend modifications
of
the
Collections Court payment schedule, but shall not have the authority to relieve the defendant
of
the responsibility
of
paying the full amount
of
fines, costs and fees. Modifications
of
the
payment schedule recommended
by
the Clerk shall be confirmed by order
of
the Collections
Court
judge
using a form order prepared by the Clerk and submitted to the court for approval.
If
a defendant makes the payments as required under the Program the defendant will not be
required to appear at a Collections Court status hearings.
The Clerk shall maintain a Collections Court docket identifying each defendant who has failed
to
make
a required payment; when the defendant was sentenced and placed in the Program; the
amount
of
the payment; the amount paid to date; the delinquent amount; the history
of
any
prior delinquencies, and the total amount owed. Clerks and court deputies shall be assigned to
assist
at
each status hearing.
1 V. Collections Court Status Hearings:
Defendants who fail to make a court-ordered payment are required without further notice
to attend the next available Collections Court status hearing to explain their non-
compliance. This requirement and the dates
of
the status hearings are set forth
in
the
Notice
of
Fines
and
Costs
and
Order completed at the time defendant is placed in the
Program. At the status hearing, delinquent defendants will
be required to show legal cause
for their failure to comply
v.~th
the payment order.
The
Chief
Judge shall designate one or more judges to preside over the Collectjons Court status
4
hearings.
V. Writs
of
Bodily Attachment and Related Costs
If
a defendant is delinquent in payments and does not appear at the scheduled Collections
Court status hearing, the
judge
shall order a Writ
of
Bodily Attachment for the defendant's
arrest and transportation to the Sarasota County Jail.
The
Writ is issued for failure to attend
a court-ordered hearing, not because
the
defendant missed one
or
more
payments.
The
Clerk shall prepare and issue the Writ
of
Bodily Attachment, which shall contain a purge
amount,
not
to exceed $250.00
or
the
total balance owed, whichever is less,
and
shall forward
it to
the
Sarasota County
Sheriffs
Office for processing. The Clerk shall retain a copy
of
the
Writ
of
Bodily Attachment in
the
court
file.
Upon
receipt
of
a Writ
of
Bodily Attachment under this Program, the Clerk shall notify
defendants in \Vriting that a Writ has been issued and that, in order to avoid arrest, the
defendants must make prompt and firm arrangements with the Clerk to
pay
the
purge amount.
Defendants who receive notice that a Writ
of
Bodily Attachment has issued may attend the
next scheduled Collections Court status conference to explain their absence
at
the hearing
given rise to
the
Writ. The assigned Collections Court judge,
or
in the event
ofthatjudge's
unavailability, such
judge
as may be designated by the
Chief
Judge, shall have the authority to
recall the Writ.
In
addition to the procedure described in the preceding paragraph, the Clerk shall have the
authority, without additional judicial action, to recall the Writ prior to
its execution provided
the
defendant
appears at
the
Office
of
the Clerk before execution
and
makes a full
or
partial
payment.
At
the time the writ is recalled, the defendant shall be deemed to be a participant in
the
Program
and shall continue to
make
payments
or
appear at Collectjons Court in
accordance with
the
orders outstanding in his
or
her individual case.
5
1n
addition
to the procedures described in the preceding paragraph, the collections
court
judge
shall have the discretion to recall a Writ upon receipt
of
correspondence from the
Defendant
explaining his
or
her absence. Requests to recall a Writ must be in writing and
if
received
by
the Clerk, promptly forwarded to the attention
of
the assigned Collections
Court
judge.
Verbal requests for recall
of
a Writ will not be accepted.
If
the Writ is recalled, the
Defendant
shall be ordered to appear at
the
next collections court docket
OR
make a
payment
as
scheduled
in
the original
order
assessing costs.
In addition to the remaining fines and costs owed and any fees imposed pursuant to this Order,
an
administrative fee
of
$70.00 shall be assessed upon execution
of
a Writ
of
Bodily
Attachment to defray the costs incurred by the Sarasota County
Sheriffs
Office. This
administrative fee
shall
be
assessed
only
in
the
event
the
defendant
is
physically
arrested
pursuant
to
the
Writ
of
Bodily
Attachment, and shall be remitted
by
the Sarasota
County
Clerk
of
Circuit Court to the Sarasota County Board
of
County Commission for the
benefit
of
the Sarasota County
Sheriffs
Office.
Persons
arrested on a Writ
of
Bodily Attachment shall also
be
assessed an additional
administrative
fee
of
$140.00 to defer the
county's
operational costs required to maintain the
Collections
Court. This administrative fee shall be remitted by the Sarasota County Clerk
of
Circuit Court to the Board
of
County Commissioners
of
Sarasota County for the purpose
of
defraying
the cost
of
the program.
In the discretion
of
the Collections Court
judge,
defendants
who
pay the purge
amount
required
by
the
Writ
of
Bodily
Attachment
but
who
have
a
remaining
balance
of
unpaid
fines
and
costs
may
be required to continue in the Program until their monetary obligations
are discharged. They may be subject to subsequent Writs
of
Bodily Attaclunent
if
they have
additional failures to appear at future Collections Court status hearings.
6
Defendants arrested upon Writs
of
Bodily Attachment who are unable to pay the purge sum
shall
be held in custody and brought before the
judge
presiding at first appearance hearings
within 24 hours
of
their arrest to address the reasons for non-compliance with the Program.
At the first appearance hearing, no
judgment
for monetary obligations shall be entered
against Program participants who are unable to pay the purge an10unt. Instead, defendants
may
be released
on
recognizance and referred to the Collections Court for a judicial review
of
the payment history and a thorough inquiry into their ability to pay. For those defendants
released following first appearance, the Clerk
or
other personnel designated by the court,
shall provide a document, signed and acknowledged
by
the defendant, setting the date for
defendant to appear at the next available Collections Court hearing.
VI. Other Legal Remedies for Collection Not Prohibited
This Administrative Order shall not prevent the Clerk from
taking
such other action to
collect fines and costs as may
be permitted by law, including suspension
of
driver's licenses
in traffic cases and pursuing collection efforts through the services
of
governmental or
private entities.
IX.
Effective Date
This Administrative Order is effective immediately.
DONE AND ORDERED at Sarasota, Florida, this 22d day
of
April, 2009.
LEE E.
HA
WORTH
CHIEF JUDGE
TWELFTH JUDICIAL CIRCUIT
ST A TE OF FLORIDA
7
Distribution:
Original to: Clerk
of
Court - Sarasota County
Copy to: All Sarasota Judges
Walt F. Smith, Twelfth Judicial Circuit Court Administrator
Larry Eger, Public Defender, Twelfth Judicial Circuit
Earl Moreland, State Attorney, Twelfth Judicial Circuit
Florida Association
of
Criminal Defense Attorneys
Sarasota County Attorney's Office
Department
of
Corrections
Pride Integrated Services, Inc.
Sarasota County Sheriff's Office
Longboat Key Police Department
North Port Police Department
Sarasota Police Department
Venice Police Department
Sarasota County Bar Association
Manatee County Bar Association
Venice-Englewood Bar Association
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