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
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Florida Fla. Stat. §938.30(11) Financial obligations in criminal cases; supplementary proceedings

Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of

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court, may be held in civil contempt.

Increased fine All No
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Florida Fla. Stat. §901.11 Effect of not answering summons

Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100.

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When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.

Increased fine All No
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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

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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