Proposed Best Practices Policy Payment Plans for the Collection of Court Fines, Fees and Service Charges
Background: The Florida Legislature, in an attempt to implement Revision 7 of Article V of the Florida State Constitution, enacted legislation in 2003’s HB 113A and 2004’s SB 2962, that requires the Clerks of the Court to establish payment plans for people who can not afford to pay fines, fees, services charges and costs at the time the service is delivered or the fines and costs are imposed. Fla. Stat. § 938.30 permitted supplementary proceedings to collect fines, costs, and fees imposed in criminal cases since 1998. The two bills noted above changed the focus of this statute to permit the Clerks to have more control over collections programs, and enacted new statutory provisions to address both civil and criminal collections. The revisions to Article V established the source of revenue to operate the offices of the Clerks of the Court in the State of Florida from the fees, fines and service charges that it collects. An effective payment plan that maximizes collection is critical to the financial stability of the Florida Clerks of the Court and the State of Florida. Recommendations: The Best Practices Committee appointed by the President of the Florida Association of Court Clerks recommends that the payment plan be developed with the input of the Chief Judge of the Circuit Court to ensure that the most effective payment plan will be implemented by the Clerk of the Circuit Court in compliance with the legal requirements set out in the Florida State Statutes. The Best Practices Committee urges the 67 Clerks of the State of Florida to consider implementing the following best practices: 1. Ensure Visible Court Leadership a. Clerks should request that the judiciary communicate to the defendants and litigants that the payment plan will be enforced. b. Clerks should request judicial support for the use of collection courts. c. Clerks should encourage judicial involvement in collections efforts to insure that effective enforcement efforts result in maximizing collections. d. The Clerk should coordinate with the Court to ensure that court costs are assessed uniformly. Solicit input from all parties potentially involved in collections a. Sheriff’s Office – for service of writs in criminal cases. b. Judiciary – for involvement at sentencing and in collections processes. c. Local attorneys/bar association – for notification to clients of civil process.
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Public Defender’s Office – for notification to defendants of criminal process. Department of Corrections – for notification to defendants being released from prison or being placed on felony probation and who is going to collect/receipt the fines, fees and court costs. County Probation Department – for notification to defendants to coordinate the collection/receipt of the fines, fees and court costs. State Attorney’s Office – for notification to defendants of the payment of diversion fees.
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Create Two Payments Plans a. Criminal (County and Circuit) b. Civil (County and Circuit) Create Flexible Plans a. Criminal i. The Court should announce after determining the defendant can not pay at the time of sentencing that the defendant must go to the Clerk’s office to settle the amount due. Clerks should consider offering a script for use by criminal judges at sentencing to enhance collections through the payment plan. Pursuant to CS/CS/SB 2982, details of how the payment plan works should be made by the Clerk’s office rather than the Court. ii. Consideration should be given to requiring the defendant to sign an agreement in Court to go directly to the Clerk’s office for settlement of the fine and cost obligations. In the case of a defendant who has been sentenced to jail, the Court should instruct the defendant that on or before 5 days from their release, they must report to the Clerk’s Office. (This should reduce Failures to Appear at the Clerk’s office). iii. To enhance reporting compliance of those who have been sentenced to jail, the Clerk should coordinate with the local jail so that the defendant is reminded of the obligation to appear at the Clerk’s office to enter into a payment plan shortly before their release. iv. The agreement should state that failure to report subjects the defendant to contempt charges, unless a collections court is in place, in which case, it would require the defendant to appear. v. The Clerk should create payment plan schedules based on defendants’ circumstances. vi. The payment plan rules should require another court appearance only if the defendant fails to make the required payments.
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The Clerk should determine costs for use of the payment plan ($5.00 per payment or a $25.00 upfront flat fee). b. Civil i. When the plaintiff informs the Clerk that they cannot afford to pay the filing fee, the Clerk should determine indigence by utilizing the indigence form developed by the Florida Association of Court Clerks. ii. After indigence is determined, the plaintiff must enter into a payment plan prior to filing a case. The payment plan agreement form should specify the total filing fee and administrative costs, and the minimum payment due each month, with the total amount to be paid within 6 months or less. iii. The Clerk should determine what costs should be imposed for use of the payment plan ($5.00 per payment of $25.00 upfront flat rate). 5. Determine the Appropriate Enforcement Tools a. The Clerk should encourage the Chief Judge to support a collection court. b. Defendants making payments should not be required to appear. c. Defendants who fail to make payments should be required to appear before the Court. d. Clerks should make full use of enforcement tools for collections provided by statute. – collection agencies, and driver license suspension. e. Clerks should evaluate the need for collection agencies and determine when cases should be referred. i. Upon the first missed payment, the Clerk should send a notice of delinquency within 10 days. ii. After the account is delinquent for 90 days for more, the Clerk should consider referring the case to a collection agency. f. Clerks should determine whether civil judgments should be used prior to collections efforts or after collection efforts have failed. Collection efforts prior to establishing judgment may reduce labor costs since creating/satisfying judgments have an impact on labor costs both in Courts and Recording. g. Judgments should be issued at the time of sentencing for anyone without means to enter into a pay plan. In addition, judgments should be issued for defendants without means to enter into a pay plan and who have been sentenced to State Prison.
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Pay Plan Modifications a. Clerks should exercise discretion in payment amounts and extension of time periods for payment. i. Written procedures should address who may approve adjustments and whether Supervisor’s approval is necessary. b. Clerks should create a process that allows for periodic review with the stake holders referred to in Item #2, to modify the plan based upon the program evaluation. Use an Accounts Receivable System with Aging Data a. Reporting capabilities should allow for date ranges to be selected and include: i. Collection rate – (Percentage of money collected) ii. Compliance rate – (Percentage of cases paying pursuant to pay plan) iii. Outstanding amounts due iv. Collection rates from specific types of cases (Felony, Misdemeanor, Criminal Traffic, and Juvenile) Improve Collection Goals & Measure Achievements a. Establish a location for entering into a pay plan as close as possible to the court processing. b. Coordinate with the local jail so that released prisoners know their obligations to set up a payment plan upon release. c. Prepare written instructions for individuals entering into the payment plan that are simply to understand which describe the process for notifying the Clerk when a payment cannot be made due to unforeseen circumstances and a modification to the pay plan is needed. d. Evaluate the cost versus benefits of each of the collection tools (collection agencies, suspension of driver’s license, collection letters, phone calls, collection court, etc.) and emphasis those that have the greatest net benefit.
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