IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY

ADMINISTRATIVE ORDER NO. 2-17.0

PROVIDING FOR RECORDING OF LIENS FOR FINES

AND COSTS IN CRIMINAL CASES IN CIRCUIT AND

COUNTY COURT OF POLK COUNTY

WHEREAS, §922.02, Fla. Stat., provides:

Execution on a sentence imposing a fine may be issued in the same manner as execution on a judgement in a civil action, whether or not the sentence also imposes imprisonment,

and,

WHEREAS on March 28, 1984, the Conference of Judges unanimously approved the concept of recording a lien against the real and personal property of a defendant in order to insure the collection of fines and costs due Polk County, Florida. It is therefore:

ORDERED AND DIRECTED:

1. At disposition, the court may assess fines and costs, and an additional recording and satisfaction fee if payment is continued to a date certain.

2. A three-part judgement/lien form order (Exhibit A) will be completed by the Clerk, signed by the Court and the defendant, and a copy thereof furnished to the defendant. The Court shall explain the effect of the lien to the defendant.

3. The original order will be retained in the Court file.

4. If payment is not made the Court may:

a) issue a Rule to Show Cause, or

b) direct a capias to be issued, or

c) order the Clerk to record the judgement/lien.

5. Recording of the judgement/lien shall close the case for statistical purposes.

6. Pursuant to §28.24(15)(a), Fla. Stat., the fee for recording and satisfying the judgement/lien is set at $12.00.

7. Upon payment of the recorded judgement/lien, the Clerk shall satisfy the lien (Exhibit B).

8. This Administrative Order revokes and supersedes Administrative Order No. 57.

DONE AND ORDERED this day of March, 1993.

RANDALL G. MCDONALD

Chief Judge

 

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