action shall be filed in the municipal court and shall be conducted in the same manner as civil actions in justice courts.

B. A peace officer may serve writs or other process that are issued pursuant to this section. The peace officer shall abide by the procedure for service of process that is established by court rule.

placed on probation in the county.

any underlying amount owed reasonable costs charged by the contracting agency or entity.

for civil and criminal traffic violations. 2. Assist in the enforcement of criminal traffic failure to appear offenses. B. The program established by this article shall not include collection of delinquent parking tickets.

delinquency notices, installment payment plan services, referral to the DSO/TIP program, referral to the TTEAP program, electronic skip tracing, case record data enhancement, and advanced collection services including credit bureau reporting, skip tracing, outbound calling, and wage garnishment when authorized by the court. 2. Processing of existing delinquent court cases. 3. Provision of staff support for the FARE Advisory Committee established by Administrative Order No. 2007-39. 4. Managing and directing of the FARE vendor in the provision of contracted services including all current and future program maintenance and enhancement. 5. Administering the DSO/TIP program. 6. Preparing fiscal projections and creating a budget based on those projections to fund the FARE and DSO/TIP programs. 7. Establishing a FARE fee schedule to provide for the services of the FARE and DSO/TIP programs. 8. Administering the FARE fund and expending revenues in the fund to pay the operational expenses incurred in the FARE and DSO/TIP programs. 9. Recommending allocation of excess FARE revenues in the FARE fund to the Arizona Judicial Council (AJC). 10. Maintaining operational oversight over all FARE and DSO/TIP software. 11. Maintaining oversight of data interface with the FARE vendor, the Motor Vehicle Division (MVD) the Department of Revenue (DOR) and the Arizona Lottery (AZL). 12. Overseeing the receipt of moneys from the DOR and AZL in response to finalized court claims and shall distribute those monies to the courts proportionately to the court claims processed. 13. Providing user training for the FARE and DSO/TIP programs to the courts. 14. Assisting the courts in resolving identity and data related discrepancies between the courts, the FARE vendor, MVD, DOR and AZL. 15. Ensuring connectivity between the FARE vendor, the administrative office, MVD and the local courts. The AOC shall also ensure connectivity between the administrative office and DOR.

E. General Provisions for FARE Participants. FARE participants shall: 1. Comply with the business and technical specifications established by the FARE court pioneers, available on the FARE web site. 2. Submit a court participation information form to the AOC on forms provided by the AOC when preparing to join the FARE program. 3. Be responsible for entering all applicable data into the case management system. 4. Be responsible for receipting all payments into the case management system. 5. Establish an account with a financial institution for the acceptance of funds received from Internet and telephone payments. 6. Refer all delinquent cases to the FARE vendor for special collection services, unless the court has an approved local collection plan and these cases are assigned to a vendor pursuant to the plan. The AOC shall determine which delinquent debt qualifies for special collection services according to criteria established by the AOC. 7. Transmit all FARE fees through the city or county treasurer, as appropriate, to the state treasurer. All fees collected/accumulated during the previous month shall be transmitted to the state treasurer by the fifteenth of the succeeding month.

F. General Provisions for DSO/TIP Participants. DSO/TIP participants shall: 1. Submit a DSO/TIP participant’s agreement in the form provided by the AOC. 2. Ensure that all social security number, case, person, and balance information submitted to the DSO/TIP program has been reviewed for accuracy and shall make all necessary corrections to ensure accurate and complete data is submitted timely. 3. Review interceptions by the DOR for validity within ten days of receipt. Erroneous interceptions shall be released immediately. DSO/TIP participants are responsible for all applicable DOR fees, penalties and interest per A.R.S. § 42-1122(O). 4. Finalize all interceptions within 30 days of receipt from DOR. DSO/TIP participants that do not comply with the 30-day finalization limit shall refund to the debtor any applicable DOR fees, penalties and interest incurred. 5. Receipt all valid interceptions into the case management system. 6. Remit to the AOC the DOR intercept fees upon receipt of the fee invoice.

G. Local Collection Services. 1. Courts planning expansion of existing collection services, independent of or separate from the FARE program, shall submit such plan to the AJC for approval prior to proceeding with development and implementation. 2. Courts that did not have collection services prior to August 12, 2003, shall not develop a program or contract with a private vendor for collection services without approval of the plan by the AJC. 3. Courts planning development or expansion of a collection program shall provide the AJC a report that describes the following information, at a minimum: a. A comparison of the court’s existing collection program (if any) versus expansion. b. Consistency of the local court plan with the goals of FARE. c. Replication of the current services offered by FARE. d. Replication of future services planned for FARE. 5 e. Ability of FARE to timely provide the needed services. f. Time line for implementation of the local court plan. g. Impact of subsequent transition of the court to FARE. h. Resource investment (personnel and financial) to implement the local court program. i. Efficiency of resources of local court plan. j. Opportunity for the FARE vendor to compete with other vendors for the court’s collection services needs. k. Compare the local court plan cost of collection with FARE. 4. Approval of court development or expansion plans is delegated to the administrative director in periods between AJC meetings

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.

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.

entity providing misdemeanor supervision.

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.

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.

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. 

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.

has not been entered.

2. The income deduction order shall direct a payor to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant’s obligation.

3. The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.

4. When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

a. All fees or interest which shall be imposed.

b. The total amount of income to be deducted for each pay period.

c. That the income deduction order applies to current and subsequent payors and periods of employment.

d. That a copy of the income deduction order will be served on the defendant’s payor or payors.

e. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.

f. That the defendant is required to notify the clerk of court within 7 days after changes in the defendant’s address, payors, and the addresses of his or her payors.

(b) Enforcement of income deduction orders. — 

1. The clerk of court or probation officer shall serve an income deduction order and the notice to payor on the defendant’s payor unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.

2. a. Service by or upon any person who is a party to a proceeding under this subsection shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.

b. Service upon the defendant’s payor or successor payor under this subsection shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.

3. The defendant, within 15 days after having an income deduction order entered against him or her, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed. The timely request for a hearing shall stay the service of an income deduction order on all payors of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.

4. The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:

a. Require the payor to deduct from the defendant’s income the amount specified in the income deduction order and to pay that amount to the clerk of court.

b. Instruct the payor to implement the income deduction order no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on the payor.

c. Instruct the payor to forward within 2 days after each payment date to the clerk of court the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.

d. Specify that, if a payor fails to deduct the proper amount from the defendant’s income, the payor is liable for the amount the payor should have deducted plus costs, interest, and reasonable attorney’s fees.

e. Provide that the payor may collect up to $5 against the defendant’s income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter.

f. State that the income deduction order and the notice to payor are binding on the payor until further notice by the court or until the payor no longer provides income to the defendant.

g. Instruct the payor that, when he or she no longer provides income to the defendant, the payor shall notify the clerk of court and shall also provide the defendant’s last known address and the name and address of the defendant’s new payor, if known, and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

h. State that the payor shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

i. Inform the payor that, when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of court, the payor may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.

j. Inform the payor that if the payor receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.

5. The clerk of court shall enforce income deduction orders against the defendant’s successor payor who is located in this state in the same manner prescribed in this subsection for the enforcement of an income deduction order against an original payor.

6. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

7. When a payor no longer provides income to a defendant, the payor shall notify the clerk of court and shall provide the defendant’s last known address and the name and address of the defendant’s new payor, if known. A payor who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation.

which remain unpaid after 90 days by referring 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 clerk of the court must have attempted to collect the unpaid amount through a collection court, collections docket, or other collections process, if any, established by the court, find this to be cost-effective and follow any applicable procurement practices. The collection fee, including any reasonable attorney’s fee, paid to any attorney or collection agent retained by the clerk 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 agent for collection. The clerk shall give the private attorney or collection agent the application for the appointment of court-appointed counsel regardless of whether the court file is otherwise confidential from disclosure.

which remain unpaid after 90 days by referring 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 clerk of the court must have attempted to collect the unpaid amount through a collection court, collections docket, or other collections process, if any, established by the court, find this to be cost-effective and follow any applicable procurement practices. The collection fee, including any reasonable attorney’s fee, paid to any attorney or collection agent retained by the clerk 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 agent for collection. The clerk shall give the private attorney or collection agent the application for the appointment of court-appointed counsel regardless of whether the court file is otherwise confidential from disclosure.

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.

by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and which is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, which is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge in the amount of $85 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. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk’s fine and forfeiture fund under s. 142.01. Proceeds from the imposition of the surcharge authorized in this paragraph shall not be used for the purpose of securing payment of the principal and interest on bonds.