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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Florida AGO 99-03 Municipality, contract with collection agency Which fines and/or fees may be collected by a private vendor? Liens (at least) A municipality may enter into an agreement with a collection agency to compromise code enforcement board liens and pursue collection through litigation. Enforcement
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Florida AGO 2008-47 Courts, funds to renovate courthouse tower/café Other applicable opinions
the tower of the Sarasota County Courthouse as an integral structural component of the courthouse facility may be renovated using funds derived from section 318.18(13), Florida Statutes. Moreover, where the
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county has made the decision to include a café in the county courthouse facility for use by court personnel and the general public, revenue collected pursuant to section 318.18(13), Florida Statutes, to fund court facilities may be used for the renovation of such space.
Revenue flow
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Florida AGO 2008-46 Counties -- Court Costs Other applicable opinions
Accordingly, it is my opinion that revenues generated by section 939.185, Florida Statutes, may be used to fund an alternative sanctions coordinator position created pursuant to sections 984.09 and 985.037,
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Florida Statutes. Moreover, it is ultimately within the county’s discretion whether to fund a "local requirement" designated by the chief judge of the circuit.
Revenue flow
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Florida AGO 2007-52 Clerks of Court, debts referred to collection agent Other applicable opinions
In light of the language of sections 28.246 and 28.35, Florida Statutes, it is my opinion that the clerk of court is not authorized to charge a fee to the
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collection agent or attorney for support services provided by the clerk when an unpaid amount owed to the clerk is referred to an agent for collection. Rather, any administrative support costs incurred by the clerk after referring unpaid fines and fees for collection should most appropriately be paid from "filing fees, service charges, court costs, and fines" as provided in section 28.35(4)(a), Florida Statutes.
Revenue flow
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Florida AGO 2002-61 Additional $2 cost for criminal justice education Other applicable opinions
Thus, this office concluded that the additional costs collected under section 943.25(13), Florida Statutes (1993), could only be used for courses that relate directly to criminal justice education and training
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courses and may not be used to fund general education for law enforcement officers, except in those instances where completion of general education courses is a requirement for successful completion of a criminal justice degree program.
Fines and fees
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Florida AGO 2002-10 Local governments' assessment of court costs Other applicable opinions
Accordingly, it is my opinion that the assessment authorized in section 938.15, Florida Statutes, is payable to the county or municipality by an individual who has been convicted of a
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violation of the respective county or municipal ordinance and the court has included payment of the assessment in its order.
Fines and fees
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Florida AGO 2001-40 Teen court, mandatory court cost assessment Other applicable opinions
In sum: 1. Section 938.19, Florida Statutes, does not authorize the county to choose the offenses for which the $3 assessment authorized by section 938.19, Florida Statutes, may be imposed; rather,
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the statute specifies those offenses for which the assessment will be imposed. 2. Section 938.19, Florida Statutes, requires that funds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize application of the funds to other programs or to the county's general revenue fund.
Fines and fees
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Florida AGO 96-38 Clerks, collection of costs for crimes compensation Other applicable opinions
1. The additional costs authorized in section 960.20, Florida Statutes, are assessed on a per-case, rather than a per-count, basis. Therefore, such costs may not be assessed for each count
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for which the person pleads guilty or nolo contendere or is convicted or adjudicated delinquent. 2. The date on which the offense occurs determines the amount of additional costs. Thus, a person who commits a crime prior to July 1, 1992, but is convicted of the crime after that date would be assessed the amount authorized by section 960.20, Florida Statutes, on the date of the offense. 3. If the offense for which probation has been revoked constitutes a felony, misdemeanor, delinquent act, or criminal traffic offense and the probationer is adjudicated guilty of this offense or pleads no contest to the charges, the additional costs may be imposed. However, if the offense for which probation is revoked results only in the imposition of a sentence that was withheld when the defendant was placed on probation, section 960.20, Florida Statutes, does not authorize the imposition of such additional costs. 4. Section 960.20, Florida Statutes, requires that the court must state on the record in detail the reasons for waiving the assessment of additional costs.
Fines and fees
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Minnesota Mr. Richard T. Jessen Minn. Op. Atty. Gen. 1025B 1981 WL 157319 Minnesota-Attorney General opinion Other applicable oppinions Municipalities and towns are entitled to at least half of the funds from fines and fees collected by the county clerk
The crucial feature in the context of this statute is that, unlike the large number of special and limited purpose government units, a municipality, or a city, is a general
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purpose government unit. For example, the municipality is authorized by a wide range of statutes to engage in a variety of functions, including providing police protection and protecting the public health, safety, welfare and Morals. See; Minn. Stat. chs. 410 to 472 (1980). Review of the various local government units reveals that a town is the unit most similar to a municipality. To some extent, towns also possess traditional police powers and authority to provide law enforcement services. Minn. Stat. §§ 365.15; 367.03, subd. 3 (1980). Indeed, numerous towns are given the powers and authority of a statutory city. Minn. Stat. § 368.011 (1980). We therefore conclude that while the county is entitled to one-half of all such fines or penalties, the municipality or town in which a statutory violation is committed is entitled to the other half of such funds.
Revenue flow
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Minnesota Mr. D. Scott Ballou Minn. Op. Atty. Gen. 1025-B 1980 WL 119583 Minnesota-Attorney General opinion In most circumstances, the allocation of funds collected by fines and fees is based on the geographic location of the offense that gave rise to the fine or fee,
The manner of disposition of fines and fees is based on the geographic location of the offense giving rise to the fee or fine and not on the law enforcement
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agency responsible for issuing the citation. The only exceptions provided by the statute occur when the Minnesota Highway Patrol issues the citation. See Minn. Stat. § 299D.03, subd. 5 (1978), or where the fines or fees were collected prior to August 1, 1975, see Minn. Stat. § 487.33, subd. 6 (1978). However, the fines and fees referred to in Minn. Stat. § 487.33, subd. 5 (1978) are limited to certain parking fines, which must be paid over in full each month to the municipality in which the parking violation occurred, and fines and penalties collected as a result of violations of a state statute, or ordinance, charter provision, rules or regulation of a city must be equally divided on a monthly basis. In addition, monies collected as a result of a violation of an ordinance promulgated by a town board of supervisors or board of county commissioners shall be retained by the county treasurer pursuant to the last sentence of Minn. Stat. § 487.33, subd. 5 (1978).
Revenue flow
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Oklahoma 1999 OK AG 58 Open Records Act Other applicable opinions
1. The Oklahoma Open Records Act applies to criminal pleadings
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2. Courts and District Attorneys must provie "prompt reasonable access" 3. District Attorneys must maintain confidential records
¶15 It is, therefore, the Opinion of the Attorney General that: 1. The pleadings in a criminal case, particularly the information, are "records" within the meaning of the Oklahoma Open
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Records Act, 51 O.S. 24A.3 (1998). A court clerk must make such pleadings available for public inspection and copying once the district attorney has filed the pleading with the court clerk, 51 O.S. 24A.5 (1998), unless the pleading has been sealed by a court or is protected by a privilege of confidentiality, such as the confidentiality of a grand jury indictment by 22 O.S. 385, until such time as the order of the court expires or is removed and until the grand jury indictment is made public pursuant to statutory provision. A district attorney may keep information contained within the district attorney's litigation files confidential and so not disclose an information or other pleadings. See 51 O.S. 24A.12 (1991). 2. A court clerk or district attorney has no authority to withhold public records from inspection and copying. Such officers must provide "prompt, reasonable access" to the public pursuant to 51 O.S. 24A.5 (1998). This generally may include only the time required to locate and compile such public records. Id. 3. A district attorney may keep confidential records contained in the litigation files of that office. Police departments are not required to provide public access to records of the police department except as provided in Section 51 O.S. 24A.8 of the Open Records Act or pursuant to court order. Neither a district attorney nor a police department must make available for public inspection and copying a record which includes a list of all charges contained in an information. See 51 O.S. 24A.2 - 51 O.S. 24A.8 and 51 O.S. 24A.12 (1998).
Transparency
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Utah Normal G. Angus, Informal Opinion No. 87-06, 1987 WL 272559, at *2-3 (July 15, 1987) Informal Opinion No. 87-06
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if
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the proceedings may only result in additional fines or non-incarceration penalties?
Unclear. Bail forfeiture proceedings do not provide the same safeguards. I am unsure if this can be extrapolated to collection proceedings.
Bail forfeiture actions are civil in nature; criminal procedure safeguards are not implicated….In comparing the two approaches to nonappearance—bail forfeiture versus contempt—it becomes readily apparent that the contempt process presents
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fewer obstacles of statutory construction and would be procedurally easier to effectuate.
Enforcement
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Utah Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) Informal Opinion No. 79-51, Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the state’s constitution?
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore,
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it is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made
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on a strictly consistent and rational basis.
Ability to pay
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Utah Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) Informal Opinion No. 77-150 see above see above
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons
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who have been judicially determined indigent.
Ability to pay