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Poverty Penalties and Poverty Traps

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Florida	Fla. Stat. §945.6038(1)	Inmate litigation costs	(1) The department shall charge an inmate for the following and place a lien on the inmate's trust fund account if the inmate has insufficient funds at the time the + See more charges are imposed:(a) Costs of duplication of documents and accompanying evidentiary materials needed to initiate civil proceedings in judicial or administrative forums or that must be filed or served in a pending civil proceeding. The following costs are authorized: 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; or 2. For all other copies, the actual cost of duplication.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §938.27(3)	Judgment for costs of prosecution and investigation	If a defendant is placed on probation or community control, payment of any costs under this section shall be a condition of such probation or community control. The court may + See more revoke probation or community control if the defendant fails to pay these costs.	Condition or extension of supervision	Felony	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §895.06(2)	Civil investigative subpoenas; public records exemption	(2) A subpoena issued pursuant to this chapter is confidential for 120 days after the date of its issuance. The subpoenaed person or entity may not disclose the existence of the + See more subpoena to any person or entity other than his or her attorney during the 120-day period. The subpoena must include a reference to the confidentiality of the subpoena and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity except the subpoenaed person’s or entity’s attorney is prohibited. The investigative agency may apply ex parte to the circuit court for the circuit in which a subpoenaed person or entity resides, is found, or transacts business for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person’s attorney for an additional period of time for good cause shown by the investigative agency. The order shall be served on the subpoenaed person or entity with the subpoena, and the subpoena must include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing: (a) Of sufficient factual grounds to reasonably indicate a violation of ss 895.01-895.06 (b) That the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and (c) Of facts that reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §895.06(5)	Civil investigative subpoenas; public records exemption	A person who fails to obey a court order entered pursuant to this section may be punished for contempt of court.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §958.12(1)	Participation in certain activities required	(1) A youthful offender shall be required to participate in work assignments, and in career, academic, counseling, and other rehabilitative programs in accordance with this section, including, but not limited + See more to:(a) All youthful offenders may be required, as appropriate, to participate in: 1. Reception and orientation. 2. Evaluation, needs assessment, and classification. 3. Educational programs. 4. Career and job training. 5. Life and socialization skills training, including anger/aggression control. 6. Prerelease orientation and planning. 7. Appropriate transition services. (b) In addition to the requirements in paragraph (a), the department shall make available: 1. Religious services and counseling. 2. Social services. 3. Substance abuse treatment and counseling. 4. Psychological and psychiatric services. 5. Library services. 6. Medical and dental health care. 7. Athletic, recreational, and leisure time activities. 8. Mail and visiting privileges. Income derived by a youthful offender from participation in such activities may be used, in part, to defray a portion of the costs of his or her incarceration or supervision; to satisfy preexisting obligations; to pay fines, counseling fees, or other costs lawfully imposed; or to pay restitution to the victim of the crime for which the youthful offender has been convicted in an amount determined by the sentencing court. Any such income not used for such reasons or not used as provided in s. 946.513 or s. 958.09 shall be placed in a bank account for use by the youthful offender upon his or her release.	Work program/jail industry program	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §316.027(2)(d)	Crash involving death or personal injuries	Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a), paragraph (b), or paragraph (c), the court shall order the driver to make restitution to the victim for + See more any damage or loss unless the court finds clear and compelling reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with s. 775.089(1)(b).	Condition or extension of supervision	Felony	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(1)	Punishment for contempt of court; alternative sanctions	Contempt of court; legislative intent. — The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this + See more chapter or order of the court relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §944.4731(7)	Addiction-Recovery Supervision Program	(7) While participating in a substance abuse transition housing program, an offender shall: (a) Adhere to all conditions of supervision enforced by the commission and the program provider. Failure to + See more comply with such rules or conditions may result in revocation of supervision pursuant to s. 947.141. (b) Pay fees to defray program costs, costs of supervision required under s. 948.09, and any restitution or obligations for child support. (c) Participate in a cognitive behavior model or 12-step model of recovery.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(3)	Punishment for contempt of court; alternative sanctions	ALTERNATIVE SANCTIONS. Each judicial circuit shall have an alternative sanctions coordinator who shall serve under the chief administrative judge of the juvenile division of the circuit court, and who shall + See more coordinate and maintain a spectrum of contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c). Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community-service manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction. Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the Department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s. 768.28(11).	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(3)	Punishment for contempt of court; alternative sanctions	ALTERNATIVE SANCTIONS.Each judicial circuit shall have an alternative sanctions coordinator who shall serve under the chief administrative judge of the juvenile division of the circuit court, and who shall coordinate + See more and maintain a spectrum of contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c). Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community-service manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction. Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the Department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s. 768.28(11).	Community service	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §951.24(3)(c)	Extend the limits of confinement for county prisoners	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 + See more 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.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §960.17(2)	Award constitutes debt owed to state	The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as + See more a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §960.17(2)	Award constitutes debt owed to state	The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as + See more a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. Ann. § 849.20	Machines and devices declared nuisance; place of operation subject to lien for fine	Any room, house, building, boat, vehicle, structure or place wherein any machine or device, or any part thereof, the possession, operation or use of which is prohibited by ss. 849.15-849.23, + See more shall be maintained or operated, and each of such machines or devices, is declared to be a common nuisance. If a person has knowledge, or reason to believe, that his or her room, house, building, boat, vehicle, structure or place is occupied or used in violation of the provisions of ss. 849.15-849.23 and by acquiescence or consent suffers the same to be used, such room, house, building, boat, vehicle, structure or place shall be subject to a lien for and may be sold to pay all fines or costs assessed against the person guilty of such nuisance, for such violation, and the several state attorneys shall enforce such lien in the courts of this state having jurisdiction.	Property liens	All	Yes
Add to Dashboard + Create New	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 more not 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).	Property liens	Traffic	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §944.4731(2)(b)	Addiction-Recovery Supervision Program	(b) An offender released under addiction-recovery supervision shall be subject to specified terms and conditions, including payment of the costs of supervision under s. 948.09 and any other court-ordered payments, such as + See more child support and restitution. If an offender has received a term of probation or community control to be served after release from incarceration, the period of probation or community control may not be substituted for addiction-recovery supervision and shall follow the term of addiction-recovery supervision. A panel of not fewer than two commissioners shall establish the terms and conditions of supervision, and the terms and conditions must be included in the supervision order. In setting the terms and conditions of supervision, the commission shall weigh heavily the program requirements, including, but not limited to, work at paid employment while participating in treatment and traveling restrictions. The commission shall also determine whether an offender violates the terms and conditions of supervision and whether a violation warrants revocation of addiction-recovery supervision pursuant to s. 947.141. The commission shall review the offender’s record for the purpose of establishing the terms and conditions of supervision. The commission may impose any special conditions it considers warranted from its review of the record. The length of supervision may not exceed the maximum penalty imposed by the court.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §903.286	Return of cash bond; requirement to withhold unpaid fines, fees, court costs; cash bond forms	(1) Notwithstanding s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than + See more a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties. If sufficient funds are not available to pay all unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties, the clerk of the court shall immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246. (2) All cash bond forms used in conjunction with the requirements of s. 903.09 must prominently display a notice explaining that all funds are subject to forfeiture and withholding by the clerk of the court for the payment of costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties on behalf of the criminal defendant regardless of who posted the funds.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §951.033(6)	Income and assets; payment of subsistence costs	If the prisoner's cash account at the local detention facility does not contain sufficient funds to cover subsistence costs, the chief correctional officer may place a civil restitution lien against + See more the prisoner's cash account or other personal property. A civil restitution lien may continue for a period of 3 years and applies to the cash account of any prisoner who is reincarcerated within the county in which the civil restitution lien was originated.	Property liens	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(1)	Punishment for contempt of court; alternative sanctions	The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court + See more relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.	Incarceration	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §28.246(6)	Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds	A clerk of court shall pursue the collection of any fees, service charges, fines, court costs, and liens for the payment of attorney fees and costs pursuant to s. 938.29 + See more 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.	Collection fee/interest	All	Yes

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