IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

AMENDED ADMINISTRATIVE ORDER NO. 2-20.0

PAYMENTS OF RESTITUTION, COURT COSTS, FINES, FINE AND FORFEITURE JUDGEMENT LIENS, COURT APPOINTED ATTORNEY FEES, AND OTHER MONETARY ASSESSMENTS THROUGH THE CLERK OF COURT

WHEREAS the Clerk of the Court has agreed to accept partial payments for court costs, fines, fine and forfeiture judgement liens, court appointed attorney fees and other monetary assessments ordered to be paid by defendants in Circuit criminal, County criminal, and local ordinance violation.

WHEREAS the collection of said monetary assessments in partial payments results in increased costs to the Clerk, and

WHEREAS it is necessary to implement new procedures for collection of said partial payments,

IT IS THEREFORE ORDERED AND ADJUDGED that the Clerks of the Court of Hardee, Highlands and Polk Counties may accept partial payments for court costs, fines, and other monetary assessments, in Circuit criminal and County criminal cases where a minimum total of $100.00 is owed for said fees and in any local ordinance violation. The Clerk may also accept partial payments for fine and forfeiture judgement liens and court appointed attorney fees in criminal or traffic cases where a minimum total of $100.00 is owed for said fees or liens.

IT IS FURTHER ORDERED that a partial 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 minimum partial payment shall be $25.00 in all criminal and ordinance violation cases.

The partial payment schedule shall be established for fines, court costs or other monetary assessments by the defendant and the Department of Corrections or the Clerk's Office in County criminal and ordinance cases. The payment schedule will be transmitted in writing to the Clerk's Office within 45 days of sentencing. Payment schedule modifications shall be submitted in writing to the Clerk's Office. 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 collection and disbursement of partial payments.

The fee to be charged by the Clerk for accepting and processing partial payments of fines and costs, fine and forfeiture judgement liens and court appointed attorney fees shall be a one time payment of $10.00 per sentencing event, to be collected from the first partial payment. In the event full payment is initially made, there shall be no $10.00 fee assessed. The total fee to be charges at any one sentencing event shall not exceed $10.00

The Clerk shall retain partial payments until the total sum is received in full with the exception of court appointed attorney fees which shall be disbursed immediately upon receipt. The Clerk shall disburse payment upon receipt of the final installment of all other payments. Once full payment is made and disbursed for a fine and forfeiture judgement lien or a court appointed attorney fee lien, the Clerk shall record a satisfaction.

The priority of distribution of funds received by the Clerk shall be first to fines, then court costs, then fine and forfeiture liens and finally to court appointed attorney fees.

If a defendant's supervision is revoked, the Clerk shall automatically disburse all funds held upon entry of the revocation order in accordance with the priorities established above.

Where a payment is received by the Clerk on behalf of a defendant who has multiple cases and there is no direction from the defendant as to the intended application of the payment, the funds shall be applied to the oldest Circuit or County case in accordance with the priorities established above.

This Order shall revoke and supersede Administrative Order No. 81.2 entered March 16, 1993 and renumbered Administrative Order No. 2-20.0.

DONE AND ORDERED on this 27th day of April, 1993.

RANDALL G. MCDONALD

Chief Judge