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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,
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no 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.
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
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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.
Enforcement
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Florida Adm. Order No. 2014-01 (Fourth Circuit) In re: Assessment and collection of drug testing fee for Clay County, Florida
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, ClayCounty, to complete a drug test shall be required to pay a fee of $25.00 - or such
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reduced amount as deemed appropriate to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court; (B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee; (C) That individuals who are ordered for testing shall make payment to the Clay County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab, enable drug testing to be completed; (D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform dmg tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Court Lab made payable to “the Duval County Clerk of Court”) along with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That the Clay County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected; (F) That upon the end of each quarter, the Clay County Clerk of Court shall remit payment of all funds collected during the preceding quarter to the Duval County Clerk of Court; (G) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court; (I-I) That this account shall allow for end of fiscal year cash carryover; (I) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk; (J) That the Chief Judge or his designee shall have authority over these fund for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
Fines and fees
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Florida Second Amended Adm. Order No. 2008-04 (Fourth Circuit) In re: Assessment and collection of drug testing fee for Clay County, Florida
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, Duval County (the Court), to complete a drug test shall be required to pay a fee of $25.00
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- or such reduced amount as deemed appropriate by the Court to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court;(B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee; (C) That individuals who are ordered for testing shall make payment to the Duval County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab, enable drug testing to be completed; (D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform drug tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Y Court Lab made payable to “the Duval County Clerk ofCou11”) long with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court; (F) That the Duval County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected. Upon request from the Court Administration, the Duval County Clerk of Court will establish and maintain a bank account for receipt of these funds, which shall support any required maintenance fees necessary to operate the account; (G) That this account shall allow for end of fiscal year cash carryover; (H) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk; (I) That the Chief Judge or his designee shall have authority over these funds for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
Fines and fees
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Florida Adm. Order No. 91-2 (Fourth Circuit) In re: Section 39.054, Florida Statutes - Clerk's Fee for Collecting and Disbursing Juvenile Restitution Payments
Ordered that pursuant to Section 39.054, Florida Statutes, the Clerk of Courts for Duval, Clay and Nassau Counties shall receive and dispense restitution ordered by the respective Courts pursuant to
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Chapter 39, Florida Statutes, and shall collect from the child or parent as ordered by the Court, a fee in the amount of: Duval County $4.00; Clay County $3.50; Nassau County $3.50.
Fines and fees
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Florida Adm. Order No. 2015-048 PA/PI-CIR (Sixth Circuit) Re: Court costs, assessments, surcharges, and fines - Amendment Two Specifies various fines and fees. Fines and fees
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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.
Enforcement
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Florida Adm. Order No. 8.05 (Eighth Circuit) Criminal traffic costs
In addition to any other allowable costs, an additional court cost of $5.00 shall be assessed against each defendant charged with a criminal traffic offense who elects to exercise the
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option of receiving a withheld adjudication under section 318.14(10), Florida Statutes, and shall be paid to Alachua County.
Fines and fees
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Florida Adm. Order No. 2002-14 (Ninth Circuit) Order providing for clerk of court's fee to be assessed by court at time of sentencing
1. In cases where the court has ordered, as a condition of probation, the impoundment or immobilization of vehicles operated by or in the actual control of the defendant pursuant
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to section 316.193(6), Florida Statutes, the Clerk of Court is authorized to impose a fee of ten dollars ($10.00) which shall be assessed by the Court against the Defendant at the time of sentencing.
Fines and fees
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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
I. Placement under Program:When fines and costs are imposed at sentencing or reimposed pursuant to a modification or termination of probation, the trial judge may also order any defendant, who
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does not or cannot pay the fines and court costs in full at sentencing or at a date certain not to exceed 120 days, to comply with the terms of the Program. When sentencing defendants to probation or community service the trial judge may order the defendants to comply with the Program for payment of fines and costs. In cases in which defendants are sentenced and incarcerated to the Florida Department of Corrections, upon their release from state custody they may be included in the Program. However, the judge may also reduce all fines and costs to a final judgment and thus, these defendants shall not be included in the Program.
Ability to pay
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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
II. Notice Form:At sentencing the trial clerk shall prepare and furnish each defendant who is ordered to comply with the Program a form entitled “Notice of Fines and Costs, Required
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Status Hearings, and Order Requiring Defendants Personal Appearance at Collections Court (hereinafter referred to as “Notice”). The original Notice shall be signed by the defendant and the trial judge, and then placed in the court file. A copy of the Notice shall be furnished to the defendant. The Notice shall advise the defendant of the following: 1. The total amount due. 2. The amount of monthly payments. 3. Where payments are to be made. 4. The date payment is to be made each month until paid in full. This date shall be from the 1st of the month until the 15th of the month. 5. That the defendant shall be assessed an administrative fee payable to the Clerk of Court in the amount of $5.00 per month for inclusion in the Program. 6. That each time the defendant fails to make a scheduled payment on the date specified, an additional administrative fee of $10.00 payable to the Clerk of Court shall be assessed against the defendant for the costs incurred under the Program. 7. That each time a defendant fails to appear for a required Collection Court status hearing, and a Writ of Bodily Attachment is issued, an additional administrative fee of $20.00 shall be assessed against the defendant for the costs incurred under the Program. This administrative fee when collected shall be disbursed by the Clerk of Court as follows: $10.00 to the Clerk of Court; $10.00 to the Board of County Commissioners on behalf of the Orange County Sheriff’s Office.
Fines and fees
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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.
Enforcement
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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
VII. Allocation of Funds Collected:Subject to the provisions in section 27.52, Florida Statutes, requiring the assessment of the Public Defender application fee against defendants who apply for a public defender
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or court appointed counsel, any funds collected in this Program shall be allocated equally towards payment of restitution, if ordered, and the other fines and costs assessed.
Revenue flow
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Florida Adm. Order No. 2-20.1 (Tenth Circuit) Payment of restitution, court costs, fines, fine and forfeiture judgment liens, court appointed attorney fees, and other monetary assessments through the clerk of court
T IS THEREFORE ORDERED AND ADJUDGED that the Clerk of the Court of PolkCounty may accept partial payments for court costs, fines, and other monetary assessments, in Circuit Criminal and
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County Criminal cases where the defendant is placed on probation and a minimum total of $100.00 is owed for said fees. The Clerk may also accept partial payments for fine and forfeiture judgment liens and court appointed attorney fees in criminal or traffic cases where the defendant is placed on probation and a minimum total of $100.00 is owed for said fees or liens. IT IS FURTHER ORDERED that a partial payment plan for fines, court costs and court appointed attorney fees may be included in each defendant’s pre-Sentence Investigation where it is anticipated that the fines, costs and fees will exceed $100.00. The partial payment schedule shall be established for fines, court costs or other monetary assessments by the defendant and the Department of Corrections (DOC) or County Probation. DOC shall provide to the Clerk copies of any court order affecting the payment schedule, amounts due and dates. The Clerk is hereby authorized to charge a fee for receiving collections of partial payments from County Probation and the Department of Corrections and making disbursement pursuant to Florida law. The fee to be charged by the Clerk shall be a one-time payment of $10.00 per sentencing event. In the event full payment is initially made, there shall be no $10.00 fee assessed. The total fee to be charged at any one sentencing event shall not exceed $10.00.
Fines and fees
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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.
Enforcement
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Florida Adm. Order No. 2-36.0 (Tenth Circuit) In re: Cost of supervision for probation & parole services
ORDERED AND ADJUDGED that each criminal defendant placed on probation, drug offender probation, or community control supervision shall pay, as a condition of that placement, a fee for that supervision
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of $30.00 per month to:Florida Department of Corrections 970 E. Main Street Bartow, FL 33830 If, however, the defendant is in jail for more that 30 days as a condition of supervision or is in a residential treatment program as a condition of supervision for more than 30 days and cannot work during that time of placement, the defendant shall be exempted from payment for that period of time. IT IS FURTHER ORDERED that when a criminal defendant has been placed as described below and that a placement has been terminated with the defendant owing supervision fees, the Court shall issue a Judgment and Lien for the amount due.
Fines and fees
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Florida Adm. Order No. 2-72.2 (Tenth Circuit) In re: DUI/Drug court program fees and additional court costs in DUI cases
2. On all DUI cases here shall be assessed an additional $80.00 cost pursuant to §938.21, Florida Statutes, and §938.23, Florida Statutes.3. Pursuant to §938.21, Florida Statutes and §938.23, Florida
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Statutes, the Clerk of the Court shall collect this cost for deposit into the Polk County Alcohol and Drug Abuse Trust Fund (account number: 00158.930564669.3469012 – DUI Surcharge Fee). 4. All DUI/Drug Court Probationers entering the DUI/Drug Court program on or after August 1, 2010, shall pay monthly treatment fees of $200.00. All DUI/Drug Court Probationers participating in the DUI/Drug Court program prior to August 1, 2010, shall continue to pay monthly treatment fees of $180.00. The monthly treatment fees cover the costs of treatment and drug screens. The Clerk of the Court shall collect these fees for deposit into the DUI Court Fees Fund (account number: 00158.930564669.3469011 – DUI Court Fees).
Fines and fees
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Florida Adm. Order No. 2-77.0 (Tenth Circuit) In re: Fees for participation in Polk county treatment-based drug court Specifies various surcharges and fees. Fines and fees
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Florida Adm. Order No. 7-12.3 (Tenth Circuit) Comprehensive court enforcement for the uniform collection of court ordered fines, court costs and other dispositional assessments
Upon entering into a Partial Payment Plan, the Clerk of Courts shall provide to the defendant the following: f, Pursuant to section 28.24(26)(b), Florida Statues, the defendant shall be assessed
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a one-time $25 fee for the Clerk of Court's administrative services in establishing his/her partial payment plan; g. Willful failure to comply with the Court's Order on the Plan may result in the imposition of additional costs, sanctions, and contempt of court.
Fines and fees
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Florida Adm. Order No. 7-13.2 (Tenth Circuit) Order establishing a collections court program in Highland county
I. PLACEMENT OF THE CASE FOR THE PROGRAM:1. When fines and costs are imposed at sentencing for any criminal traffic violation or criminal case, municipal ordinance violation, Game and Fish
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or Clean Air violations, or reimposed pursuant to a termination of probation, the sentencing judge may also order any defendant, who does not or cannot pay the fines and court costs in full at sentencing or by a date certain not to exceed 120 days, to comply with the terms of the Program and this Administrative Order. 2. The sentencing judge shall advise defendants of the total amount of fines and costs due at the time of sentencing and the date certain payment in full is due, which shall be the last business day prior to the Court Ordered Payment Due hearing date (hereinafter the “COPD hearing”). The COPD hearing date shall be given to the defendant at the time of sentencing or reimposition of fines and costs, unless the sentencing judge finds that there is a basis for handling a particular case or cases differently. 3. In cases in which defendants are sentenced and incarcerated to the Florida Department of Corrections, upon their release from state custody, they may be included in the Program. However, the sentencing judge may reduce all fines and costs to a final judgment, and thus these defendants shall not be included in the Program.
Ability to pay