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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Florida | Fla. Stat. §322.245(1) | Suspension of license upon failure of person charged with specified offense |
If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 + See moreor this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the traffic court shall mail to the person, at the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, his or her driver license will be suspended. The notice shall be mailed no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
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$0 - $25 | All | Yes | Court | No |
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Florida | Fla. Stat. §322.245(2) | Suspension of license upon failure of person charged with specified offense |
In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in + See moreaccordance with s. 61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office.
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$0 - $25 | All | Yes | Court | No |
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Florida | Fla. Stat. §775.02 | Punishment of common-law offenses. |
When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment + See more12 months.
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$0 - $500 | All | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(a) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (a) $15,000, when the conviction is of a life felony.
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$0 - $15000 | Felony | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(b) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (b) $10,000, when the conviction is of a felony of the first or second degree.
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$0 - $10000 | Felony | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(c) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (c) $5,000, when the conviction is of a felony of the third degree.
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$0 - $5000 | Felony | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(d) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (d) $1,000, when the conviction is of a misdemeanor of the first degree.
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$0 - $1000 | Misdemeanor | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(e) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
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$0 - $500 | Misdemeanor | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(f) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim
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Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered + See moreby the victim
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All | No | Court | No |
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Florida | Fla. Stat. §775.083(1)(g) | Fines |
A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See morewhen specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (g) Any higher amount specifically authorized by statute.
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Any higher amount specifically authorized by statute.
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All | No | Court | No |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Florida | Fla. Stat. §775.0844(8)(b) | White Collar Crime Victim Protection Act |
The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of court if the defendant willfully fails to comply with a lawful order of the court.
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Condition or extension of supervision | Felony | Yes |
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Florida | Fla. Stat. §775.0844(8)(a) | White Collar Crime Victim Protection Act |
The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.
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Condition or extension of supervision | Felony | Yes |
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Florida | Fla. Stat. §316.193(6) | Driving under the influence; penalties |
. . . However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.
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Community service | All | No |
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Florida | Fla. Stat. §984.22(6) | Power of disposition |
The participation and cooperation of the family, parent, guardian, or custodian, and the child with court-ordered services, treatment, or community service are mandatory, not merely voluntary. The court may use its contempt powers to enforce its order.
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Increased fine | All | No |
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Florida | Fla. Stat. §948.09(6) | Payment for cost of supervision and other monetary obligations |
The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.
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Payment plan/installment plan | All | Yes |
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Florida | Fla. Stat. §948.09(3) | Payment for cost of supervision and other monetary obligations |
Any failure to pay contribution as required under this section may constitute a ground for the revocation of probation by the court, the revocation of parole or conditional release by the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or removal from the pretrial intervention program by the state attorney.
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Condition or extension of supervision | All | No |
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Florida | Fla. Stat. §948.06(5) | Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision |
In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state's interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
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Incarceration | All | Yes |
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Florida | Fla. Stat. §985.039(7) | Cost of supervision; cost of care |
With respect to a child who has been placed under the supervision or care of the department and whose parent receives public assistance for any portion of such child's care, the department must seek a federal waiver to garnish or otherwise order the payment of a portion of the public assistance relating to such child, in an amount not to exceed the amount of the parent's obligation, in order to offset the costs to the department associated with providing supervision or care of such child.
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Wage/bank account garnishment | All | Yes |
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Florida | Fla. Stat. §938.29(1)(c) | Legal assistance; lien for payment of attorney's fees or costs |
The defendant shall pay the application fee under s. 27.52(1)(b) and attorney's fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorney's fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence.
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Condition or extension of supervision | Misdemeanor | No |
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Florida | Fla. Stat. §984.09(2) | Punishment for contempt of court; alternative sanctions |
PLACEMENT IN A SECURE FACILITY.A child may be placed in a secure facility for purposes of punishment for contempt of court if alternative sanctions are unavailable or inappropriate, or if the child has already been ordered to serve an alternative sanction but failed to comply with the sanction.(a) A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility for 5 days for a first offense or 15 days for a second or subsequent offense, or in a secure residential commitment facility. (b) A child in need of services who has been held in direct contempt or indirect contempt may be placed, for 5 days for a first offense or 15 days for a second or subsequent offense, in a staff-secure shelter or a staff-secure residential facility solely for children in need of services if such placement is available, or, if such placement is not available, the child may be placed in an appropriate mental health facility or substance abuse facility for assessment. In addition to disposition under this paragraph, a child in need of services who is held in direct contempt or indirect contempt may be placed in a physically secure setting as provided under s. 984.226 if conditions of eligibility are met.
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Incarceration | All | No |
Ability to Pay
| State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Florida | Fla. Stat. §776.085(4)(b) | Defense to civil action for damages; party convicted of forcible or attempted forcible felony |
The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney; however, the losing + See moreparty’s attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.
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Inability to pay: Has insufficient assets to cover payment |
Not provided for | Not provided for | Not provided for | No |
Payment deduction |
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Florida | Fla. Stat. §806.13(6)(c) | Criminal mischief; penalties; penalty for minor |
If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. + See moreThe court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.
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All |
Inability to pay: Indigent |
Not provided for | Not provided for | Not provided for | No |
Not specified |
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Florida | Fla. Stat. §812.015(2) | Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties |
Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender shall be punished as provided in s. 812.014(3), except that the court + See moreshall impose a fine of not less than $50 or more than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by the court. In no event shall any such offender be required to perform fewer than the number of hours of public service necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing in the state at the time of sentencing.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Public service |
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Florida | Fla. Stat. §316.193(6) | Driving under the influence; penalties |
For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. + See more316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.
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All |
Inability to pay: Defendant is financially unable to pay either all or part of the fine |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Public service or Community work project |
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Florida | Fla. Stat. §316.1937(5)(b) | Ignition interlock devices, requiring; unlawful acts |
Any person convicted of a violation of subsection (6) who does not have a driver license shall, in addition to any other penalty provided by law, pay a fine of + See morenot less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(5).
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Traffic | Not provided for | Not provided for | Not provided for | Not provided for | No |
Property lien |
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Florida | Fla. Stat. §938.21 | Alcohol and drug abuse programs |
Notwithstanding any provision to the contrary of the laws of this state, the court may assess for alcohol and other drug abuse programs as provided in s. 893.165 any defendant + See morewho pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapter 893 or which involves a criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Not specified |
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Florida | Fla. Stat. §775.0844(8) | White Collar Crime Victim Protection Act |
A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of + See morewhether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant’s criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 775.089.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Not specified |
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Florida | Fla. Stat. §806.13(8) | Criminal mischief; penalties; penalty for minor |
A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community + See moreservice at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.
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Misdemeanor |
Inability to pay: due to a family hardship, the minor's driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor's family
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Not provided for | Not provided for | Not provided for | Yes |
Community service |
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Florida | Fla. Stat. §925.11(2)(g) | Postsentencing DNA testing |
If the court orders DNA testing of the physical evidence, the cost of such testing may be assessed against the sentenced defendant unless he or she is indigent. If the + See moresentenced defendant is indigent, the state shall bear the cost of the DNA testing ordered by the court.
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All |
Inability to pay: Indigent |
Not provided for | Not provided for | Not provided for | No |
The state shall bear the cost |
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Florida | Fla. Stat. §984.225(3) | Powers of disposition; placement in a staff-secure shelter |
The court shall order the parent, guardian, or legal custodian to cooperate with efforts to reunite the child with the family, participate in counseling, and pay all costs associated with + See morethe care and counseling provided to the child and family, in accordance with the family’s ability to pay as determined by the court.
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All |
Family's ability to pay |
Not provided for | Not provided for | Not provided for | No |
Not specified |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Florida | Fla. Stat. §828.27(6) | Local animal control or cruelty ordinances; penalty |
The governing body of a county or municipality may require mandatory court appearances for certain aggravated violations of a local ordinance resulting in the unprovoked biting, attacking, or wounding of + See morea domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation must clearly inform the person of the mandatory court appearance. The governing body of the county or municipality shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
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Obligation to collect or record | Local jurisdiction |
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Florida | Fla. Stat. §938.19(5) | Mandatory Court Costs Authorized by Local Governmental Entities: Teen courts |
A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners.
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Obligation to report/conduct analysis | Municipal court |
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Florida | Fla. Stat. §939.185(1)(a) | Assessment of additional court costs and surcharges |
(a) The board of county commissioners may adopt by ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state . . . Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
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Obligation to report/conduct analysis | County |
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Florida | Fla. Stat. §316.1937(2) | Ignition interlock devices, requiring; unlawful acts |
(2) If the court imposes the use of an ignition interlock device, the court shall: (a) Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device.
(b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the person's ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person's vehicle. |
Obligation to collect or record | Department of Motor Vehicles |
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Florida | Fla. Stat. §985.039(10) | Cost of supervision; cost of care |
The department or the collection agency shall provide to the payor documentation of the payment of any fee paid pursuant to this section. Except as provided in subsection (9), all payments received by the department or the collection agency pursuant to this section shall be deposited in the department' s Grants and Donations Trust Fund.
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Obligation to respond to public records requests | State/statewide agency |
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Florida | Fla. Stat. §938.15(2) | Criminal justice education for local government |
In addition to the costs provided for in s. 938.01, municipalities and counties may assess an additional $2 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the Criminal Justice Standards and Training Commission, for local funding. (2) The Criminal Justice Standards and Training Commission may inspect and copy the documentation of independent audits conducted of the municipalities and counties which make such assessments to ensure that such assessments have been made and that expenditures are in conformance with the requirements of this subsection and with other applicable procedures.
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Obligation to report/conduct analysis | State/statewide agency |
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Florida | Fla. Stat. §28.24 | Service charges |
The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk's office in recording documents and instruments and in performing other specified duties. |
Obligation to collect or record | Clerk |
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Florida | Fla. Stat. §828.27(6) | Local animal control or cruelty ordinances; penalty |
The governing body of a county or municipality may require mandatory court appearances for certain aggravated violations of a local ordinance resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation must clearly inform the person of the mandatory court appearance. The governing body of the county or municipality shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
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Obligation to collect or record | Local jurisdiction |
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Florida | Fla. Stat. §938.19(5) | Mandatory Court Costs Authorized by Local Governmental Entities: Teen courts |
A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners.
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Obligation to report/conduct analysis | Municipal court |
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Florida | Fla. Stat. §939.185(1)(a) | Assessment of additional court costs and surcharges |
(a) The board of county commissioners may adopt by ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state . . . Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
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Obligation to report/conduct analysis | County |
Collections Infrastructure
| State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Florida | Fla. Stat. §938.35 | Collection of court-related financial obligations |
The board of county commissioners or the governing body of a municipality may pursue the collection of any fees, service charges, fines, or costs to which it is entitled which remain unpaid for 90 days or more, or refer the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the board of county commissioners or the governing body of a municipality must determine this is cost-effective and follow applicable procurement practices. The collection fee, including any reasonable attorney’s fee, paid to any attorney or collection agent retained by the board of county commissioners or the governing body of a municipality may be added to the balance owed, in an amount not to exceed 40 percent of the amount owed at the time the account is referred to the attorney or agents for collection.
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Private actors |
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Florida | Fla. Stat. §946.512 | Inmate compensation plan |
The corporation shall establish a compensation plan that provides for a specific amount to be paid to the department to be credited to an account for an inmate performing labor and a portion to be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the Prison Industries Trust Fund to be used as provided in s. 946.522. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the Prison Industries Trust Fund to be used as provided in s. 946.522.
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Private actors |
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Florida | Fla. Stat. §948.09(1)(b) | Payment for cost of supervision and rehabilitation |
Any person placed on misdemeanor probation by a county court must contribute not less than $40 per month, as decided by the sentencing court, to the court-approved public or private entity providing misdemeanor supervision.
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Florida | Fla. Stat. §984.11(3) | Services to families in need of services |
The department shall advise the parents or legal guardian that they are responsible for contributing to the cost of the child or family services and treatment to the extent of their ability to pay. The department shall set and charge fees for services and treatment provided to clients. The department may employ a collection agency for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected.
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Florida | Fla. Stat. §984.22(3) | Powers of disposition |
When any child is adjudicated by the court to be a child in need of services and temporary legal custody of the child has been placed with an adult willing to care for the child, a licensed child-caring agency, the Department of Juvenile Justice, or the Department of Children and Families, the court shall order the natural or adoptive parents of such child, including the natural father of such child born out of wedlock who has acknowledged his paternity in writing before the court, or the guardian of such child’s estate if possessed of assets which under law may be disbursed for the care, support, and maintenance of such child, to pay child support to the adult relative caring for the child, the licensed child-caring agency, the Department of Juvenile Justice, or the Department of Children and Families. When such order affects the guardianship estate, a certified copy of such order shall be delivered to the judge having jurisdiction of such guardianship estate. If the court determines that the parent is unable to pay support, placement of the child shall not be contingent upon issuance of a support order. The department may employ a collection agency for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected.
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Florida | Fla. Stat. §775.083(1) | Definitions; General Penalties; Registration of Criminals: Fines |
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine . . . Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01.
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Clerk |
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Florida | Fla. Stat. §775.083(2) | Definitions; General Penalties; Registration of Criminals: Fines |
. . . The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.
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Clerk |
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Florida | Fla. Stat. §775.089(10)(a) | Definitions; General Penalties; Registration of Criminals: Restitution |
Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment. |
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Florida | Fla. Stat. §775.089(11)(b) | Definitions; General Penalties; Registration of Criminals: Restitution |
The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision. |
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Florida | Fla. Stat. §775.089(11)(a) | Definitions; General Penalties; Registration of Criminals: Restitution |
The court may order the clerk of the court to collect and dispense restitution payments in any case. |
Clerk |
Revenue Flow
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Florida | Fla. Stat. §938.13(1)(b) | Misdemeanor convictions involving drugs or alcohol |
The clerk of the court shall collect the $15 and forward $14 thereof to the jurisdictional county of collection as described in s. 893.165(2) to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under s. 893.165. The clerk shall retain the remaining $1 of each $15 collected as a service charge of the clerk’s office.
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Clerk's office |
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Florida | Fla. Stat. §817.568(12)(c) | Criminal use of personal identification information |
(12) In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of this section, the court shall impose a surcharge of $1,001.
(c) The clerk of the court shall retain $1 of each $1,001 surcharge that he or she collects as a service charge of the clerk’s office. |
Clerk |
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Florida | Fla. Stat. §938.07 | Driving or boating under the influence |
Notwithstanding any other provision of s. 316.193 or s. 327.35, a court cost of $135 shall be added to any fine imposed pursuant to s. 316.193 or s. 327.35. The clerks shall remit the funds to the Department of Revenue, $25 of which shall be deposited in the Emergency Medical Services Trust Fund, $50 shall be deposited in the Operating Trust Fund of the Department of Law Enforcement to be used for operational expenses in conducting the statewide criminal analysis laboratory system established in s. 943.32, and $60 shall be deposited in the Brain and Spinal Cord Injury Program Trust Fund created in s. 381.79.
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State/statewide agency |
Various funds |
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Florida | Fla. Stat. §951.24(3)(c), (6) | Extend the limits of confinement for county prisoners |
(3)(c) Every prisoner gainfully employed is liable for the cost of his or her board in the jail as fixed by the county. The sheriff shall charge the prisoner’s account, if he or she has one, for such board. If the prisoner is gainfully self-employed he or she shall deposit with the sheriff an amount determined by the court sufficient to accomplish the provisions of subparagraphs (a)1.-5., in default of which his or her privileges under this section are automatically forfeited.
(6) In carrying out the purpose of this section, any board of county commissioners may provide in its annual budget for payment to the Department of Corrections out of funds collected from those being supervised such amounts as are agreed upon by the board and department to be reasonable and necessary. County judges are hereby authorized to levy $10 per month upon those supervised for purposes of paying for supervision under this act. |
County |
Department of Corrections |
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Florida | Fla. Stat. §938.15(1) | Criminal justice education for local government |
In addition to the costs provided for in s. 938.01, municipalities and counties may assess an additional $2 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the Criminal Justice Standards and Training Commission, for local funding.
(1) Workshops, meetings, conferences, and conventions shall, on a form approved by the Criminal Justice Standards and Training Commission for use by the employing agency, be individually approved by the employing agency administrator prior to attendance. The form shall include, but not be limited to, a demonstration by the employing agency of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer’s job; the direct benefits the officer and agency will receive; and all anticipated costs. |
Law enforcement |
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Misdemeanor |
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Florida | Fla. Stat. §958.09(6)(a) | Extension of limits of confinement |
The department is authorized to levy fines only through disciplinary reports and only against inmates placed on extended limits of confinement. Major and minor infractions and their respective punishments for inmates placed on extended limits of confinement shall be defined by the rules of the department, except that any fine shall not exceed $50 for each infraction deemed to be minor and $100 for each infraction deemed to be major. Such fines shall be deposited in the General Revenue Fund, and a receipt shall be given to the inmate.
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State/statewide agency |
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Florida | Fla. Stat. §938.17 | County delinquency prevention; juvenile assessment centers and school board suspension programs.— |
(1) Prior to the use of costs received pursuant to s. 939.185, the sheriff’s office of the county must be a partner in a written agreement with the Department of Juvenile Justice to participate in a juvenile assessment center or with the district school board to participate in a suspension program.
(2) Assessments collected by clerks of the circuit courts comprised of more than one county shall remit the funds collected pursuant to s. 939.185 to the county in which the offense at issue was committed for deposit and disbursement. (3) Any other funds the sheriff’s office obtains for the implementation or operation of an assessment center or suspension program may be deposited into the designated account for disbursement to the sheriff as needed. (4) A sheriff’s office that receives proceeds pursuant to s. 939.185 shall account for all funds annually by August 1 in a written report to the juvenile justice circuit advisory board if funds are used for assessment centers, and to the district school board if funds are used for suspension programs. |
County |
Sheriff's office |
Misdemeanor |
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Florida | Fla. Stat. §828.27(4)(b) | Local animal control or cruelty ordinances; penalty |
The governing body of a county or municipality may impose and collect a surcharge of up to $5 upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers.
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Municipality/municipal agency |
No |
Misdemeanor |
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Florida | Fla. Stat. §984.22(4) | Powers of disposition |
All payments of fees made to the department under this chapter, or child support payments made to the department pursuant to subsection (3), shall be deposited in the General Revenue Fund.
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State/statewide agency |
No |
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Florida | Fla. Stat. §938.27(6)-(8) | Judgment for costs of prosecution and investigation |
(6) The clerk of the court shall collect and dispense cost payments in any case, regardless of whether the disposition of the case takes place before the judge in open court or in any other manner provided by law.
(7) Investigative costs that are recovered must be returned to the appropriate investigative agency that incurred the expense. Such costs include actual expenses incurred in conducting the investigation and prosecution of the criminal case; however, costs may also include the salaries of permanent employees. Any investigative costs recovered on behalf of a state agency must be remitted to the Department of Revenue for deposit in the agency operating trust fund, and a report of the payment must be sent to the agency, except that any investigative costs recovered on behalf of the Department of Law Enforcement must be deposited in the department’s Forfeiture and Investigative Support Trust Fund under s. 943.362. (8) Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. Costs recovered on behalf of the state attorney under this section must be deposited into the State Attorneys Revenue Trust Fund to be used during the fiscal year in which the funds are collected, or in any subsequent fiscal year, for actual expenses incurred in investigating and prosecuting criminal cases, which may include the salaries of permanent employees, or for any other purpose authorized by the Legislature. |
Law enforcement |
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Court Rules
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Florida | Fla. R. Judicial Admin. 2.265(b) | Municipal ordinance violations |
Costs in County Courts. The chief judge of a circuit shall by administrative order establish a schedule of costs, in conformity with any provisions of law, to be assessed against + See morea defendant in the county court and paid to the county for violations of municipal ordinances which are prosecuted in county court. The costs shall be assessed as a set dollar amount per conviction, not to exceed $50 excluding any other statutory costs.
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Fines and fees |
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Florida | Fla. R. Judicial Admin. 2.265(c) | Municipal ordinance violations |
Collection of Outstanding Fines. All cases for which outstanding fines, civil penalties, and costs are being collected by a municipality shall be retained by the municipality until collected or until + See morethe offender defaults on payment. If a default occurs, the municipality may institute summary claims proceedings to collect the outstanding fines.
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Florida | Fla. R. Crim. Proc. 3.853(c)(6) | Motion for postconviction DNA testing |
If the court orders DNA testing of the physical evidence, the cost of the testing may be assessed against the movant, unless the movant is indigent. If the movant is + See moreindigent, the state shall bear the cost of the DNA testing ordered by the court.
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Fines and fees |
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Florida | Fla. R. Crim. Proc. 3.984 | Application for criminal indigent status |
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal + See moreproperty you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed. If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or taxdependent adult, the information contained in this application must include your income and assets.
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Ability to pay |
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Florida | Adm. Order No. 2009-04 (Second Circuit) | In re: Fees - Costs for payment of attorney's fees; public defender application fee |
I. Each criminal judgment shall contain an assessment pursuant to section 938.29, Florida Statutes, unless specifically waived by the Court, in the amount of $50.00 in misdemeanor cases and + See more$100.00 in felony cases in all cases in which the defendant received the assistance of the Public Defender's Office or any other court appointed counsel. A similar assessment shall be imposed, unless specifically waived by the Court, in all cases which the defendant has received due process services after being found indigent for costs under section 27.52, Florida Statutes. These assessments shall be made in all original criminal actions as well as violations of probation or community control.
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Fines and fees |
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Florida | Adm. Order No. 2009-04 (Second Circuit) | In re: Fees - Costs for payment of attorney's fees; public defender application fee |
III. If not previously paid, each criminal judgment shall also include the $50.00 Public Defender application fee if the Defendant applied for the services of the Public Definer and/or + See morethe court appointed the Public Defender, unless specifically waived by the court.
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Fines and fees |
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Florida | Adm. Order No. 2009-04 (Second Circuit) | In re: Fees - Costs for payment of attorney's fees; public defender application fee |
Iv. The first $50.00 of any fees or costs collected on a case by the Clerk of Court will go toward satisfaction of the Public Defender Application fee, pursuant + See moreto section 27.52, Florida Statutes.
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Florida | Adm. Order No. 2000-03 (Second Circuit) | In re: Investigative costs in criminal cases |
A. 1. The minimum cost of prosecution to be assessed in each felony case is $50.00. This cost takes into consideration the time involved in the intake process, + See morecase preparation (exclusive of pre-trial motion and depositions) and the taking of the plea n court. All law enforcement agencies shall submit a request for reimbursement of investigative costs form . . . with each case they are seeking to recover the minimum cost of prosecution. A. 2. For any amount in excess of the above to be awarded the state shall, at least five (5) business days prior to sentencing unless otherwise provided in a plea agreement, file a Motion to Assess, with the amounts documented therein and furnish a copy to the defense attorney. A proposed order should also be included therewith. A. 3. Any defendant who objects to the assessment of the investigative costs has the right to request a hearing to determine the actual investigative costs incurred by the law enforcement agency.
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Fines and fees |
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Florida | Adm. Order No. 2000-03 (Second Circuit) | In re: Investigative costs in criminal cases |
B. 1. The minimum cost of prosecution to be assessed in each misdemeanor and criminal traffic case shall be assessed as follow: a. For a plea at First Appearance, + See moreno costs; b. For a plea entered to a criminal traffic case or to a misdemeanor case subsequent to First Appearance a cost of $25.00 shall be assessed; c. For a plea entered to an Information prior to trial, a cost of $25.00 shall be assessed; d. Cases that involve an extraordinary amount of time, motion hearings, dispositions or go to trial, shall be handled as set fort in paragraph A. 2.
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Fines and fees |
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Florida | Adm. Order No. 2000-03 (Second Circuit) | In re: Investigative costs in criminal cases |
Clerks of the Circuit Court in and for the Second Judicial Circuit of Florida are hereby ordered to receive and disburse payments as reimbursement for investigative costs as may be + See moreordered in criminal cases. A service charge for the Clerk of the Circuit Court is hereby established in the amount of two dollars ($2.00) per assessment. Upon receipt of payments or installment payments for reimbursement of investigative costs, the Clerk shall, after deducting the service charge of two dollars ($2.00), deposit said payments into the investigative costs account and shall credit the account of each defendant with each payment as received. The Clerk shall disburse all accumulated payments at the end of each month to the proper recipient of said reimbursement, along with a specific breakdown of the disbursements.
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Structure of Courts
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Florida | Fla. Stat. §29.0081(1) | County funding of additional court personnel |
A county and the chief judge of a judicial circuit that includes that county may enter into an agreement under which the county funds personnel positions to assist in the operation of the circuit.
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County courts | Creation of the courts |
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Florida | Fla. Stat. §29.008(2) | County funding of court-related functions |
Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts system, including associated staff and expenses, to meet local requirements. |
County courts | Creation of the courts |
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Florida | Fla. Stat. §29.008(1) | County funding of court-related functions |
Counties are required by s. 14, Art. V of the State Constitution to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit and county courts, public defenders offices, state attorneys offices, guardian ad litem offices, and the offices of the clerks of the circuit and county courts performing court-related functions. For purposes of this section, the term circuit and county courts includes the offices and staffing of the guardian ad litem programs, and the term public defenders offices includes the offices of criminal conflict and civil regional counsel. The county designated under s. 35.05(1) as the headquarters for each appellate district shall fund these costs for the appellate division of the public defender's office in that county.
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County courts | Creation of the courts |
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Florida | Fla. Stat. §29.001 | State courts system elements and definitions |
(1) For the purpose of implementing s. 14, Art. V of the State Constitution, the state courts system is defined to include the enumerated elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and certain supports thereto. The offices of public defenders and state attorneys are defined to include the enumerated elements of the 20 state attorneys’ offices and the enumerated elements of the 20 public defenders’ offices and five offices of criminal conflict and civil regional counsel. Court-appointed counsel are defined to include the enumerated elements for counsel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees. Funding for the state courts system, the state attorneys’ offices, the public defenders’ offices, the offices of criminal conflict and civil regional counsel, and other court-appointed counsel shall be provided from state revenues appropriated by general law.
(2) Although a program or function currently may be funded by the state or prescribed or established in general law, this does not designate the program or function as an element of the state courts system, state attorneys’ offices, public defenders’ offices, or the offices of the circuit and county court clerks performing court-related functions as described in s. 14, Art. V of the State Constitution. |
State courts | Creation of the courts |
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Florida | Fla. Const. Art. V, Sec. 14 | Funding |
(a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys offices, public defenders offices, and court-appointed counsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law.
(b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. (c) No county or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys offices, public defenders offices, court-appointed counsel or the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall be required to fund the cost of communications services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts, public defenders offices, state attorneys offices, and the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. (d) The judiciary shall have no power to fix appropriations. |
All court | Creation of the courts |
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Florida | Fla. Const. Art. V, Sec. 1 | Courts |
The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions. The legislature may, by general law, authorize a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District.
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All court | Jurisdiction of the courts |
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Florida | Fla. Const. Art. V, Sec. 1 | Courts |
The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality.
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All court | Creation of the courts |
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Florida | Fla. Const. Art. V, Sec. 3(b) | Supreme court |
(b) JURISDICTION. The supreme court: (1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.
(2) When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service. (3) May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional or state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law. (4) May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of appeal. (5) May review any order or judgment of a trial court certified by the district court of appeal in which an appeal is pending to be of great public importance, or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the supreme court. (6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida. (7) May issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction. (8) May issue writs of mandamus and quo warrantor to state officers and state agencies. (9) May, or any justice may, issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge. (10) Shall, when requested by the attorney general pursuant to the provisions of Section 10 of Article IV, render an advisory opinion of the justices, addressing issues as provided by general law. |
Supreme court | Jurisdiction of the courts |
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Florida | Fla. Const. Art. V, Sec. 4(b) | District courts of appeal |
(b) JURISDICTION. — (1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.
(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law. (3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warrantor, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts. |
District courts of appeal | Jurisdiction of the courts |
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Florida | Fla. Const. Art. V, Sec. 5(b) | Circuit courts |
(b) JURISDICTION. — The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warrantor, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law.
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Circuit courts | Jurisdiction of the courts |
Case Law
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Florida | City of Orlando v. Cameron, 264 So. 2d 421, 423 (Fla. 1972). |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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Under Fla. Stat. §27.52(2), the defendant bears the burden of proof whether he/she is able to pay the fine. The defendant is deemed indigent and not able to pay + See morethe fine if his/her income is equal to or below 200% of the then-current federal poverty guidelines. The clerk determines the defendant's ability to pay, and the defendant may seek review of the clerk's determination by the court at a hearing. Although Fla. Stat. §27.52 provides procedures in connection with the services of a public defender, the Cameron court extended that this statute is applicable to the situation where a defendant seeks to avoid imprisonment for nonpayment of a fine because of his indigency. In this line, the hearing before the court may be held after imposition of a fine.
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"We conclude that the Municipal Court did not commit error in sentencing the defendants to pay a fine or, in the alternative, serve a term of imprisonment. The imposition of + See moresuch a sentence does not, in itself, violate any of the constitutional rights of a defendant. If a defendant is in fact indigent, the burden is upon him to prove his indigency to the Court. Fla.Stat. s 27.52, F.S.A., describes the procedure for the determination of insolvency. Although this procedure was adopted for the purpose of determining whether a defendant is entitled to the services of a public defender, it is equally applicable to the situation where a defendant seeks to avoid imprisonment for nonpayment of a fine because of his indigency."
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Ability to pay |
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Florida | Del Valle v. State, 80 So. 3d 999, 1002 (Fla. 2011); State v. Beasley, 580 So. 2d 139, 142 (Fla. 1991) | The court must determine the defendant's ability to pay at least before enforcement (unless the applicable statute specifically requires such a determination at the imposition stage). |
"[T]he underlying constitutional principle is that an indigent probationer should not be imprisoned based solely on inability to pay a monetary obligation. Based on our fidelity to this principle, we + See moreapprove the holdings of all the district courts of appeal, except the Third District, that before a trial court may properly revoke probation and incarcerate a probationer for failure to pay, it must inquire into the probationer's ability to pay and determine whether the probationer had the ability to pay but willfully refused to do so. Under Florida law, the trial court must make its finding regarding whether the probationer willfully violated probation by the greater weight of the evidence." "[A] trial court is not required to determine a convicted criminal defendant's ability to pay statutorily mandated costs prior to assessing costs unless the applicable statute specifically requires such a determination. It is only when the state seeks to enforce the collection of costs that a court must determine if the defendant has the ability to pay. Our conclusion is consistent with decisions rendered by federal courts which have addressed this issue."
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Florida | Del Valle v. State, 80 So. 3d 999, 1002 (Fla. 2011) |
The State must first present sufficient evidence of willfulness in order to support the trial court's finding that the probationer's violation was willful. Once the State has done so, then + See morethe probationer has to prove his/her inability to pay by preponderance of evidence.
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"[A]n automatic revocation of probation without evidence presented as to ability to pay to support the trial court's finding of willfulness violates due process. Accordingly, the State must present sufficient + See moreevidence of willfulness, including that the probationer has, or has had, the ability to pay, in order to support the trial court's finding that the violation was willful. Once the State has done so, it is constitutional to then shift the burden to the probationer to prove inability to pay to essentially rebut the State's evidence of willfulness. However, while it is constitutional to place the burden on the probationer to prove inability to pay, the aspect of section 948.06(5) that requires the probationer to prove inability to pay by the heightened standard of clear and convincing evidence is unconstitutional."
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Florida | Wheeler v. State, 635 So. 2d 140, 140 (Fla. 4th Dist. Court App. 1994) | State must demonstrate the amount spent on prosecuting the defendant. |
"Before prosecution costs can be imposed on a defendant pursuant to section 939.01, Florida Statutes (1991), the State must demonstrate the amount spent on prosecuting the defendant and the trial + See morecourt must consider the defendant's financial resources."
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Florida | Fla. Const. Art. V, Sec. 14(a) and (b) | Does the stateâs separation of powers doctrine limit the ability of courts to impose or collect revenue? | Yes: funding for the court systems must be provided from state revenues appropriated by general law |
"(a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneysâ offices, public defendersâ offices, and court-appointed + See morecounsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law.(b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law."
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Florida | NA |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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Couldn't fine a case on point | NA | |
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Florida | Fla. Stat. §938.29 | Are there limits to the stateâs ability to recoup fees for counsel under the state constitution? | Not under the statute constitution, but under Fla. Stat. §938.29 |
(1)(a) A defendant who is convicted of a criminal act or a violation of probation or community control and who has received the assistance of the public defenderâs office, a + See morespecial assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or who has received due process services after being found indigent for costs under s. 27.52, shall be liable for payment of the assessed application fee under s. 27.52 and attorneyâs fees and costs. Attorneyâs fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. For purposes of this section, âconvictedâ means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. The court shall include these fees and costs in every judgment rendered against the convicted person.(b) Upon entering a judgment of conviction, the defendant shall be liable to pay the attorneyâs fees and costs in full after the judgment of conviction becomes final. The court shall impose the attorneyâs fees and costs notwithstanding the defendantâs present ability to pay.
(c) The defendant shall pay the application fee under s. 27.52(1)(b) and attorneyâs fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorneyâs fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. All funds collected under this section shall be distributed as provided in s. 27.562.
(2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who:
1. Has received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal conflict and civil regional counsel, or from any private conflict attorney, or who has received due process services after being found indigent for costs; or
2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counsel, or by a private conflict attorney, or who is receiving or has received due process services after being found indigent for costs.
Such lien constitutes a claim against the defendant-recipient or parent and his or her estate, enforceable according to law.
(b) A judgment showing the name and residence of the defendant-recipient or parent shall be recorded in the public record, without cost, by the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court of the county in which assistance was rendered. The lien against a parent shall remain in force notwithstanding the child becoming emancipated or the child reaching the age of majority.
(3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorneyâs fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorneyâs fees or costs or of any unpaid portion thereof.
(4) No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent liable for payment of attorneyâs fees or costs be denied any of the protections afforded any other civil judgment debtor.
(5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.
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Florida | State v. Beasley, 580 So. 2d 139, 142-43 (Fla. 1991) | Other applicable case law |
Due process requirements: (1) notice and opportunity to be heard prior to assessment of costs; and (2) ability to pay decision must be made by the court before enforcement. + See moreSuch procedural requirements apply to fines, costs, and surcharges.
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[A] defendant must be given notice and an opportunity to be heard prior to assessment of costs and, before repayment is enforced, a court must determine the defendant's ability to + See morepay. Because the surcharge, like the costs, is statutorily mandated, whether it is a cost or a fine is unimportant from a due process viewpoint. The same two-part procedural protections from Jenkins apply.
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Florida | Fla. Const. Art. I, Sec. 11 | Other applicable case law | No person shall be imprisoned for debt, except in cases of fraud. | No person shall be imprisoned for debt, except in cases of fraud. | Ability to pay |
Attorney General Opinions
| 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 + See morecounty 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.
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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, + See moreFlorida Statutes. Moreover, it is ultimately within the countyâs discretion whether to fund a "local requirement" designated by the chief judge of the circuit.
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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 + See morecollection 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.
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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 + See morecourses 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.
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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 + See moreviolation of the respective county or municipal ordinance and the court has included payment of the assessment in its order.
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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, + See morethe 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.
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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 + See morefor 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.
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The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.