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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
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the 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 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
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to section 27.52, Florida Statutes.
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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
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ordered 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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Florida Adm. Order No. PA/PI-CIR-00-44 (Sixth Circuit) Re: Fines and costs as condition of probation
In order to ensure that fines and costs are paid prior to termination of probation, it is hereby ORDERED:
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1. Unless otherwise ordered by the Court, all fines and costs assessed in county and circuit criminal court shall be made a condition of probation. 2. Probation agencies shall check and shall ensure that all fines and costs are paid prior to the termination of the probation period. 3. Prior to the probation agency requesting early termination of the probation period the agency shall ensure that all fines and costs have been paid.
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Florida Adm. Order No. 07-99-26-5 (Ninth Circuit) Amended administrative order governing a collections court program in Orange county
V. Writs of Bodily Attachment:If a defendant is not current with the required payments and does not appear at the scheduled Collections Court status hearing, the Judge may order a Writ
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of Bodily Attachment for the defendant’s arrest and delivery to the Orange County Jail. The Clerk shall prepare and issue a Writ of Bodily Attachment, which shall contain a purge amount, not to exceed $250.00 or the total balance owed, whichever is less, and shall forward it to the Orange County Sheriff’s Office. The Clerk shall retain a copy of the Writ of Bodily Attachment in the court file. Upon receipt of a Writ of Bodily Attachment under this Program, the Orange County Sheriff’s Office shall send the defendant a postcard or letter stating that a Writ has been issued for the defendant’s arrest and that, in order to avoid arrest, the defendant must pay the stated purge amount. Prior to the execution of the Writ, the Clerk of Court shall have the authority through the Collections Court Program to recall the Writ. Defendants who pay the purge amount on the Writ of Bodily Attachment, but who have a remaining balance of fines and court costs must continue to comply with the Program. In addition to the remaining fines and court costs owed and any fees imposed pursuant to this Order, an administrative fee of $70.00 shall be assessed upon execution of a Writ of Bodily Attachment for the costs incurred by the Orange County Sheriff’s Office. This administrative fee shall be assessed if the defendant is physically arrested pursuant to the Writ of Bodily Attachment. An additional administrative fee of $140.00 shall be assessed for the costs incurred by the Orange County Corrections Department when the defendant is booked and held in the Orange County Jail. These administrative fees when collected shall be disbursed by the Clerk of Court as follows: $70.00 to the Board of County Commissioners for Orange County on behalf of the Orange County Sheriff’s Office; and $140.00 to the Board of County Commissioners for Orange County on behalf of the Orange County Corrections Department. Defendants held in custody who are unable or unwilling to pay the purge amount required by the Writ of Bodily Attachment shall be brought before a Judge on the first business day following arrest to address their non-compliance with the Program. Hearing for this purpose shall be held before the Chief Judge, or designee, Monday through Friday (normal work days), at 1:30 p.m., or as soon thereafter as possible. In the event defendant is arrested on a weekend or a holiday, defendant will be brought before the court pursuant to Administrative Order 2003-39-11, as amended, relating to first appearance hearings. At these hearings, the Judge may reduce the fines and court costs owed to judgment and the Judge may determine whether defendant must continue to comply with the Program. The Judge may also give defendant an appearance date to come before a collection court hearing officer within 30 days.
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Florida Adm. Order No. 2-52.1 (Tenth Circuit) In re: Assessment of court cost for criminal justice education for local government
1) Upon the collection of the two dollar ($2.00) court cost described herein, it shall be forwarded according to the policies of the clerks= offices to those law enforcement agencies
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who have placed on file with the Clerk a copy of the applicable ordinance or code provision.2) The distribution of this assessed cost will be made based on the location of the offense. 3) If any municipality has failed to enact a code provision relating to Criminal Justice Education, the funds collected which would otherwise be transmitted to that municipality shall be instead transmitted to the sheriff's office of the county wherein the offense was committed.
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Florida Adm. Order No. 7-13.2 (Tenth Circuit) Order establishing a collections court program in Highland county
II. NOTICE FOR CASES SET FOR COURT ORDERED PAYMENT DUE HEARING:1. At sentencing, the trial clerk shall prepare and furnish to each defendant who is ordered to comply with the
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Program a form entitled “Notice of Court Ordered Payment Due Hearing” (hereinafter the “Notice Form”) (attached). The defendant and judge must sign the original Notice Form, which shall be placed in the Court file. A copy of the Notice Form shall be furnished to the defendant. The Notice Form shall advise the defendant of the following: a. The total amount due; b. Where payments are to be made; c. The date, time, and location of the COPD hearing; d. That the payment in full must be paid no later than the last business day before the Court Ordered Payment Due Hearing date; e. That there will be no continuances granted by the Clerk of Court of the payment due date or the COPD hearing date; f. That continuances may be continued by the Court only for verified incarceration or hospitalization of the defendant; g. That if the debt goes unpaid and the defendant fails to appear for the Court Ordered Payment Due hearing , a writ of bodily attachment may be issued for the defendant’s arrest with a purge amount ordered; h. That if the debt goes unpaid, the defendant’s driver’s license may be suspended; and i. That defendant may owe other specific fees authorized by this Administrative Order and/or Florida Statute.
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Florida Adm. Order No. 7-13.2 (Tenth Circuit) Order establishing a collections court program in Highland county
III. COLLECTIONS COURT – COURT ORDERED PAYMENT DUE HEARING:1. If a defendant is ordered to comply with the Program and a Court Ordered Payment Due hearing is scheduled, all monies
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due must be paid in full no later than the last business day before the COPD hearing. If the payment is paid as scheduled, the court date shall be removed from the docket calendar. The defendant does not need to appear at the COPD hearing when scheduled if all monies are paid in full prior to the hearing date. 2. The Clerk of Court for Highlands County is authorized to impose a $20.00 fee each time a defendant fails to pay the fines when due and another COPD hearing is held. 3. The Clerk of Court shall not continue cases scheduled for a COPD hearing or continue due dates for payments of fines and costs without a judge’s order. The Clerk of Court shall not modify the fine and cost amount imposed at sentencing or modify the fees required to be paid according to this Administrative Order. 4. If the defendant does not pay the fines and court costs in full by the last business day before the Court Ordered Payment Due hearing date, the defendant shall appear at the Court Ordered Payment Due hearing and either show proof of payment or provide the Court with justification as to why the debt is unpaid and request to be placed in the Partial Payment Plan Program. 5. If the debt goes unpaid, the court may suspend the defendant’s privilege to drive and/or impose other sanctions pursuant to Florida law. 6. If the debt goes unpaid and the defendant fails to appear for the Court Ordered Payment Due hearing, a writ of bodily attachment may be issued for the defendant’s arrest with a purge amount being ordered. The purge amount shall be the total balanced owed plus any fees specified by this Administrative Order and/or authorized by Florida Statutes. a. In the event a judge orders that a writ of bodily attachment be issued, the Clerk shall prepare and issue the writ of bodily attachment, attach a copy of the Notice Form to the writ of bodily attachment, and forward such to the Highlands County Sheriff’s Office. The Clerk shall retain a copy of the writ of bodily attachment in the court file. Upon receipt of the writ of bodily attachment, the Highlands County Sheriff’s office shall serve the writ of bodily attachment. b. The Clerk is authorized to impose a $20.00 fee each time the defendant fails to appear at the hearing and a writ of bodily attachment is ordered. This cost shall be applied for the service of process, including writing, preparing, signing, and sealing of the writ of bodily attachment ordered, and the collection and disbursement of any purge amount. c. A defendant may be released upon payment of the purge amount at any time, at which time any schedule hearings as to the collection of any monies shall be canceled. d. Defendants held in custody on a writ of bodily attachment who are unable or unwilling to pay the purge amount required by the writ shall be brought before a judge on the earliest scheduled court date following their arrest, not to exceed 48 hours. At this hearing, the judge shall determine the defendant’s present ability to pay the purge amount. If the judge determines that the defendant does not have the present ability to pay the purge amount, then the judge may modify the purge amount to a sum the judge finds that the defendant has the present ability to pay. The judge shall order the defendant to appear for the next-scheduled Court Ordered Payment Due hearing.
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Florida Adm. Order No. 7-13.2 (Tenth Circuit) Order establishing a collections court program in Highland county
V. OTHER LEGAL REMEDIES FOR COLLECTION: This Administrative Order shall not bar the Court or the Clerk of Courts from taking other legal action in any case to collect fines
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and costs including suspension of the defendant’s driver’s license as allowed by law, pursuing a civil action where legal and appropriate, and pursuing other actions that may be or become legal due to statutory changes.
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