IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

ADMINISTRATIVE ORDER NO. 7-12.2

WHEREAS, Sections 938.30 and 28.246(3), Florida Statutes, provide that court costs, fines, and other dispositional assessments shall be enforced by order of the Courts, collected by the Clerks of the Circuit and County Courts, and disbursed in accordance with authorizations and procedures as established by general law; and

WHEREAS, the public perception that the courts and judicial system are providing equitable, equal and uniform treatment to all who come before the courts is preserved if all offenders with similar offenses are treated similarly; and

WHEREAS, the legislature of the State of Florida has imposed certain statutorily mandated costs in every criminal case; and

WHEREAS, the assessment and provision for payment of fines and costs directly impacts the uniform and equitable treatment of offenders, limited local resources to defray the costs of prosecution and public defense and the maintenance and operation of the various courts within the Tenth Judicial Circuit of Florida; and

WHEREAS, pursuant to Section 938.30, Florida Statutes, enacting the Comprehensive Court Enforcement Act, procedures are necessary to improve the assessment and collection of fines and costs in criminal cases; and

WHEREAS, the Polk County Clerk of Courts has established a Collections Enforcement Department for the purpose of collecting and disbursing court imposed fines, costs and other dispositional assessments,

NOW, THEREFORE, I, Ronald A. Herring, pursuant to the authority vested in me as Chief Judge of the Tenth Judicial Circuit of Florida under Florida Rule of Judicial Administration 2.050 hereby order that a partial payment program shall be implemented in Polk County for the collection of fines, costs, and other dispositional assessments in felony, traffic and misdemeanor cases, court appointed attorney fees, county ordinance violations, and municipal ordinance violations. Hereinafter, all of which monies shall be collectively referred to as "fines and costs" excluding county or state probation cases in which the payment of fines and court costs have been ordered as a condition of probation as follows:

1. All court costs, fees, fines and other dispositional assessments are due upon imposition by the Court, unless otherwise specified. The sentencing Judge may establish such a payment plan at the time of sentencing. Defendant shall be ordered to the Clerk's Collection Enforcement Department for collection and reporting on compliance. Or, the Court may order each defendant, not placed upon probation, to the Clerk of Courts for payment of the amount imposed in full or for enrollment in a Partial Payment Plan corresponding to the defendant's ability to pay. The ability to pay shall be evaluated by the Clerk of Courts following testimony of the defendant under oath and in consideration of information obtained by the Clerk of Courts. With this information, the Clerk shall set an appropriate monthly payment amount and a date by which the defendant shall begin making payments, which shall be referenced as "Partial Payment Plan" (hereinafter "Plan"). The defendant may request a prompt hearing before the Court for review of the Plan at any time so long as monies are owed. The request for hearing shall be filed with the Clerk of Courts and promptly set for hearing.

2. The Clerk of Courts shall at sentencing furnish each defendant with a notice of costs and fines. The original notice shall be signed by the defendant and 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:

a. The total amount due;

b. The amount of the monthly payments, if ordered in court by the Judge;

c. Where payments are to be made and available forms of payment;

d. That the defendant is responsible for keeping a current physical address with the Clerk of Courts while any monies are outstanding where the defendant may receive correspondence or service of process for Court;

e. All defendants on a Plan may at any time file a written request with the Clerk of Courts to schedule his or her case before the court for review of their Plan;

f. Pursuant to subsection 28.24(26)(b), Florida Statutes, the defendant shall be assessed 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.

3. In the event a defendant fails to report to the Collections Enforcement Department to establish a Plan or does not comply with the Plan as administered by the Clerk of Courts, the Clerk shall notify the Court and defendant of such fact by way of a Notice of Noncompliance (See Exhibit "A" attached hereto) accompanied by a status hearing summons. The Notice of Noncompliance shall inform defendant of his/her failure to comply with the Plan, necessary corrective action, and the range of consequences for failure to respond to the Notice of Noncompliance. The Court hereby authorizes the Clerk’s Collections Department staff to conduct preliminary discussions with defendants regarding compliance and payment options and arrive at agreements to pay outstanding amounts due. Sanctions following a status hearing may include additional court costs and fees. The status hearing summons shall set forth the time, place and nature of the hearing. The summons shall set forth the fact that defendant’s appearance at the hearing is mandatory, and failure to appear at the hearing could subject defendant to further proceedings including, but not limited to contempt of court proceedings. The Notice of Noncompliance and status hearing shall be served by U.S. mail.

4. If a defendant is not current with the required payments and does not appear at the scheduled status hearing, the Judge may issue an Order to Appear and Show Cause and Notice of Hearing (Exhibit "B") which shall be personally served on the defendant. If after service, the defendant fails to appear at the scheduled Order to Appear and Show Cause hearing or fails to otherwise comply with the terms of the rule, the Clerk may prepare and the Judge may issue a Writ of Bodily Attachment (hereinafter "Writ") for the defendant's arrest and delivery to the Polk County Jail. The Writ shall contain a purge amount, not to exceed two hundred fifty dollars ($250.00) or the total balance owed, whichever is less. The Clerk shall forward the Writ to the Polk County Sheriff for execution and retain a copy of the Writ in the court file. The Clerk shall also prepare a notice, to be signed by the Clerk of Courts or his designee, to be furnished to the defendant. The Notice shall state that a Writ has been issued for the defendant's arrest and that, to avoid arrest, the defendant must appear at the Clerk of Court's Office and pay the stated purge amount. Upon court issuance of a Writ of Bodily Attachment, the Polk County Clerk of Courts shall sign and send to the defendant the notice referred to in this paragraph. If the defendant pays the Clerk the amount of the purge prior to arrest, the Clerk shall promptly notify the Court and the Writ shall be timely withdrawn by the Court. The defendant shall then resume making payments as required by the defendant's Plan.

5. The Court may impose additional administrative fees of $20.00 each for the Clerk of Courts and the Sheriff in the event a Writ of Bodily Attachments is issued for the defendant.

6. Defendants who pay the purge amount required on the Writ of Bodily Attachment, but who have a remaining balance of fines and court costs, must resume compliance with the terms of the Plan.

7. 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 Plan. Hearings for this purpose shall be held before the First Appearance Judge or other designated Judge or special Magistrate. At these hearings, the Judge or Magistrate may reduce the amount of the monthly payment, re-start the payments on a future date, adjust the purge amount, continue for further evidentiary hearing, refer defendant to probation for a community service option or reduce the amount owed to a lien.

8. In cases wherein the Court determines or the Clerk of Courts recommends to the Court that a defendant is unable to pay, even in part, assessed court courts, fees, fines, or other dispositional assessments, the Court shall, in accordance with §938.30(2), Florida Statutes, order the defendant to perform a comparable number of community service hours in lieu of monthly payments. Defendants ordered to perform community service hours in lieu of paying court costs, fees, fines, or other dispositional assessments shall be referred to the County Probation Department for the establishment and monitoring of a community service plan. Such defendants are not under probation supervision and shall not be responsible for costs of supervision. The value per hour for community service work performed shall be the same as the policies for valuation under County Probation.

9. Any funds collected through the Plan shall be allocated as provided in Section 27.52, Florida Statutes, as amended from time to time.

10. This Administrative Order shall not prevent the Clerk of Courts from pursuing other legal action pursuant to §938.29, Florida Statutes and general law.

11. Restitution is hereby excluded from the procedures set forth in this Administrative Order.

12. Defendants placed on probation are hereby excluded from the procedures set forth in this Administrative Order, and will make payment arrangements through the respective Probation Departments so long as the defendant is subject to probation.

13. The Administrative Judge of County Court may promulgate such procedures as necessary to the implementation and enforcement of this order.

This Order shall have immediate effect.

Administrative Order 7-12.1 is hereby VACATED.

DONE and ORDERED on this the 15th day of May, 2006.

RONALD A. HERRING

Chief Judge