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2013 ANNUAL ASSESSMENTS AND COLLECTIONS

REPORT GUIDELINES

The Florida Court Clerks & Comptrollers

December 12, 2012

Final Draft Report Guidelines 2013 Annual Assessments and Collections Report

Background to Changes for the New 2013 Assessments and Collections Report Process

The 2012 Legislature passed SB 1964 (Ch. 2012-124) creating and modifying statutes relating to the 2013 Annual Assessments and Collections reporting process. The amendments made by this act to s. 28.246, F.S., apply beginning with the Assessments and Collections report for the county fiscal year ending September 30, 2013.

The new law requires that all monetary assessments mandated by statute are imposed without regard to whether the assessment is announced in open court. The mandatory monetary assessment will be added automatically to the judge’s order if the judge remains silent and does not order the mandatory monetary assessment. However, if the judge orders a lesser amount, that amount will be put on the order and the difference will be considered the “under assessed” amount. When an assessment mandated by statute sets a minimum assessment and a maximum assessment, or only sets a minimum assessment, the bill requires the minimum to be imposed and included in the judgment, unless the court specifies a higher amount.

To help identify and record all mandatory assessments, the law requires the development of a “uniform form” to assist Clerks and judges with the actual mandated amounts. This form is required to be updated by the Clerks annually and approved by the Supreme Court. Once approved, all Clerks, circuit and county courts will be required to use the form.

The law also refines the Clerks’ reporting requirements for monetary assessments made by the courts. It requires Clerks to record mandatory fines and fees that are under assessed, or below the statutory mandated amount. Also, Clerks are required to separate out the reporting of assessments subsequently discharged or converted to community service.

The Florida Court Clerks & Comptrollers Assessments and Collections Project Workgroup

A workgroup committee was established to address the new reporting requirements. The Honorable Karen E. Rushing (Sarasota) led this workgroup comprised of Clerk staff, the Office of the State Courts Administrator (OSCA) and the Clerks of Court Operations Corporation (CCOC) to address the report documentation requirements of this legislation. The development and utilization of new guidelines approved by the Clerks and OSCA will provide improved consistency in the annual report data. The Florida Court Clerks & Comptrollers (FCCC) website, www.flclerks.com, provides resources and documentation on the Clerks’ Intranet site. Follow the

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http://www.flclerks.com/


path: Clerk Intranet>Association General Information>(Drop Down Box) Select - General Information/What’s New. On the FCCC Intranet page, select Assessments and Collections Report Project 2012 from the left column and go to “Project Part B: 2013 Report,” or follow the link: http://www.flclerks.com/Intranet/Clerk_Info/a_c_reports.html

The documents described below will be maintained on the FCCC website to provide guidelines for establishing the amount of a mandatory assessment under certain conditions; identifying and imposing mandatory assessments; prescribing requirements for reporting certain assessments that are waived, suspended, or reduced; calculating the collection rate, as it relates to mandatory and discretionary fines, court costs and other monetary penalties and fees, service charges and costs.

The documents should be considered “living documents” that will be refined and updated as issues are resolved and suggestions are incorporated to increase clarity and consistency. The ultimate goal is to provide the necessary documentation guide to the Clerks so they can accurately and consistently report annual assessments and collections information.

The “Form Matrix”

s. 28.2457, F.S., Mandatory monetary assessments: (“Form Matrix”)

This new statute requires, except as otherwise provided by law, the monetary assessment mandated by statute shall be imposed and included in the judgment without regard to whether the assessment is announced in open court. Additional provisions relating to minimum and maximum assessments are also specified.

The law requires the Clerks of Court, through their association and in consultation with the OSCA, to develop a uniform form for the identification and imposition of all assessments mandated by statute. The form shall be submitted each year, if necessary to reflect changes in the law, to the Supreme Court for approval. This document is called the “Form Matrix” and is currently under review by the Supreme Court.

It is recognized that counties have a process to identify and impose assessments mandated by statute by using an in-house standardized form, or one approved by local administrative order. The “Form Matrix” will become the uniform statewide document for use by Clerks to keep their in-house forms updated. The “Form Matrix” lists the statutory authority for the assessments; provides a brief

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http://www.flclerks.com/Intranet/Clerk_Info/a_c_reports.html


description of the violation of law; provides a determination of mandatory or discretionary imposition of a fine or court cost; and establishes a minimum fine amount to be assessed with a maximum amount that is authorized.

The “Report Form” and “Guidelines”

Section 28.246, F.S., Payment of court-related fines or other monetary penalties, fees, charges, and cost; partial payments; distribution of funds: (“Report Form”)

This amended statute requires Clerks and the courts to develop the report form and guidelines to govern the accurate and consistent reporting of statewide of assessments. The Clerks shall submit their 2013 annual assessments and collections data on the “Report Form” to the FCCC using the “Guidelines” developed by the Clerks of Court through their association and in consultation with OSCA. The FCCC will compile the Clerks’ data into the Annual Assessments and Collections Report (Consolidated Summary) for submission to the Legislature and CCOC ninety days after the end of the 2013 county fiscal year.

The manual of filing fees, charges, costs, and fines - “Distribution Schedule”

s. 28.42, F.S., Manual of filing fees, charges, costs, and fines: (Distribution Schedule)

The amended statute requires the Clerks of Court, through their association and in consultation with OSCA to prepare and disseminate a manual of filing fees, service charges, costs, and fines imposed pursuant to state law, for each type of action and offense, and classified as mandatory or discretionary. The manual will be updated annually and disseminated by July 1 of each year to all Clerks, chief judges, state attorneys, public defenders, and court administrators.

How to Use this Document

Use this document, along with the “Form Matrix” and the Distribution Schedule, to evaluate and consistently classify fines, fees and costs to be included in the Annual Assessments and Collections Report. The appendices for definitions, frequently asked questions (FAQs), and examples will be updated and expanded as new information is identified.

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TABLE OF CONTENTS

General Report Guidelines …………………………………………………………………………..…... Page 7

The following Court Divisions follow the same Guideline Rules and require the same reportable data forFines, Court Costs and Other Monetary Penalties - Mandatory and Discretionary Amounts .….… Page 8

Circuit Criminal (Felony)County Criminal (Includes Criminal Traffic, Misdemeanors, and Non-Criminal Infractions

and Ordinance Violations)Juvenile (Includes Delinquency & Dependency)Civil Traffic

The following Court Divisions follow the same Guideline Rules and require the same reportable data forFees, Service Charges and Costs All Assessments are Mandatory ………………………………….. Page 11

Circuit Criminal (Felony)County Criminal (Includes Criminal Traffic, Misdemeanors, and Non-Criminal Infractions

and Ordinance Violations)Juvenile (Includes Delinquency & Dependency)Civil Traffic

The following Court Divisions follow the same Guideline Rules and require the same reportable data forFines, Court Costs and Other Monetary Penalties – Mandatory and Discretionary Amounts ……… Page 14

Circuit Civil (Includes Family)Probate (Includes Guardianship & Mental Health) County Civil (Includes Summary Claims)

The following Court Divisions follow the same Guideline Rules and require the same reportable data forFees, Service Charges and Costs - All Assessments are Mandatory ……………………………….. Page 15

Circuit Civil (Includes Family)

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Probate (Includes Guardianship & Mental Health) County Civil (Includes Summary Claims)

AppendicesExample Charts for Reporting Fines ………………………….………..………………………..….. Page 17FAQs and Examples/Scenarios …….……………………………………………………………….… Page 22Definition of Terms …………………………………………………………………………………. Page 29Statutory and Documentation References …..…………………………………………….…………. Page 35Document Revision Schedule and Contact Information ………………………….……………….. Page 37

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General Guidelines:

Do not include assessments or payments for the following: a. Restitutionb. Cost of Supervisionc. Cost of Incarcerationd. Cost of Prosecutione. Cost of Investigationf. Bond forfeitures g. Child Supporth. Parking tickets other than Uniform Traffic Citations (UTC’s)i. Recording Feesj. Interest from Collection Agencies, Judgments, etc.k. Monies deposited into the court registry

Use the Mandatory Monetary Assessments “Form Matrix” to determine the appropriate statutory amounts and whether the assessment falls into the “Mandatory” or “Discretionary” column when reporting assessments.

Clarification: For the purposes of this report, when reporting criminal fines, the Clerk will report assessments and collections regardless of whether the defendant is found guilty or adjudication is withheld. (See Section 921.0021(2), F.S. - “Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.)

Note: Adjustments to original assessments (whether increased or reduced) should be reported in the reporting period when the adjustment occurred. Examples would include re-sentencing, VOP’s, new trials, etc.

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CIRCUIT CRIMINAL (Felony)COUNTY CRIMINAL - (Includes Criminal Traffic, Misdemeanors, and Non-Criminal Infractions and Ordinance Violations)JUVENILE - (Includes Delinquency & Dependency)CIVIL TRAFFIC

Fines, Court Costs and Other Monetary Penalties: - Mandatory and Discretionary Amounts(Distribution Schedule - Code P - Fine/Penalty and Code C - Court Cost)

Report Form Line No. & Data Element

Mandatory Discretionary

1 Amount to be Assessed (Mandatory Minimum by Statute/Ordinance)

Report the Minimum Mandatory Fines, Court Costs and Other Monetary Penalties required to be assessed by statute - unless waived, suspended or reduced by the court as allowed by law. Example - 893.135 (4) *See statutory language below.

For Civil Traffic: report the assessment when citations are filed if a court date has not been requested or mandated. If a court date is set, do not report the assessment until there is an assessment entered in court. When infractions are dismissed by the clerk, record the dismissal fee as the mandatory assessment. Also report as mandatory all late fees/additional penalties in the period in which they are assessed.

N/A

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2 Amount Under- Assessed, if any

Report the difference in the amount assessed and the Minimum Mandatory required to be assessed by statute - unless waived, suspended or reduced by the court as allowed by law. (See note under Circuit Criminal Statistics at the end of this section and Appendix – Definition of Terms.).Note: On the Report Form, “Amount Under Assessed, if any,” is not a subtraction of report line “Amount Actually Assessed” from “Amount to be Assessed (Mandatory Minimum by Stature/Ordinance).” It is an accumulation of all under assessed amounts.

N/A

3 Amount Actually Assessed

Report the Fines, Court Costs and Other Monetary Penalties actually imposed by the Court at the time of sentencing or re-sentencing or other type of disposition of the case. (Distribution Schedule Codes P and C)

For Civil Traffic: report the assessment when citations are filed if a court date has not been requested or mandated. If a court date is set, do not report the assessment until there is an assessment entered in court. When infractions are dismissed by the Clerk, record the dismissal fee as the mandatory assessment. Also report as mandatory all late fees/additional penalties in the period in which they are assessed.

Report the Fines, Court Costs and Other Monetary Penalties actually imposed by the Court at the time of sentencing or re-sentencing or other type of disposition of the case. (Distribution Schedule Codes P and C)

For Civil Traffic: report the amount imposed by the court where a court appearance was required or requested.

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4 Minus: Community Service

Report total assessment amounts allowed by the Court to be converted to community service during reporting period. - Not applicable for Juvenile.Note: Only report the amount converted if the assessment occurred during the reporting period.

Report total assessment amounts allowed by the Court to be converted to community service during reporting period. - Not applicable for Juvenile.Note: Only report the amount converted if the assessment occurred during the reporting period.

5 Minus: Satisfied by Time Served

Report total assessment amounts reduced because of time served during reporting period. See s. 951.16. - Not applicable for Juvenile.

Report total assessment amounts reduced because of time served during reporting period. See s. 951.16 - Not applicable for Juvenile.

6 Minus: Other Report total assessment amounts reduced because of any “other” reason during reporting period. Examples of “other” reasons are:1. Defendant deceased,2. Case nolle prosequi/dismissed (See s. 939.06, Acquitted Defendant not liable for costs),3. Jurisdiction lost, (probation terminated with outstanding fees), etc.4. This is not to be used to record “under assessment” amounts where there is no statutory authority to do so. For example, a debtor who becomes deceased.

Report total assessment amounts reduced because of any “other” reason during reporting period. Examples of “other” reasons are:1. Defendant deceased,2. Case nolle prosequi/dismissed (See s. 939.06, Acquitted Defendant not liable for costs),3. Jurisdiction lost, (probation terminated with outstanding fees), etc.

7 Total Collectible Amount

Line 3 minus lines 4, 5 & 6 = line 7 Line 3 minus lines 4, 5 & 6 = line 7

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8 Reduced to Judgment / Lien (For Disclosure Only)

Report the Fines, Court Costs and Other Monetary Penalties reduced to a Judgment and/or Lien. Individuals sentenced to prison and whose fines & costs are reduced to a judgment should be reported in this field.

Report the Fines, Court Costs and Other Monetary Penalties reduced to a Judgment and/or Lien. Individuals sentenced to prison and whose fines & costs are reduced to a judgment should be reported in this field.

Fees, Service Charges and Costs - All assessments are mandatory(Distribution Schedule - Code F- Filing Fee and Code S - Service Charge/Other Fee)


Report Filing Fees, Service Charges and Administrative Costs required to be assessed by statute.


Report assessments that are less than the Minimum Mandatory required to be assessed by statute. Use this field to report Filing Fees, Service Charges and Administrative Costs that are ordered waived or returned by the Court.Note: On the Report Form “Amount Under Assessed, if any” is not a subtraction of report line “Amount Actually Assessed” from “Amount to be Assessed (Mandatory Minimum by Stature/Ordinance).” It is an accumulation of all under assessed amounts.


Report the Filing Fees, Service Charges and Administrative Costs actually assessed.


N/A


N/A

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14 Minus: Other Report total assessment amounts reduced because of any reason during reporting period. This is not to be used to record “under assessment” amounts where there is no statutory authority to do so. Example: For example, a debtor becomes deceased.


Line 11 minus lines 14 = line 15

16 Reduced to Judgment/Lien (For Disclosure Only)

N/A

Collection Rate (Combines All Fines, Court Costs, Monetary Penalties AND Fees, Services Charges, Costs for each court division on the Report Form: Circuit Criminal, County Criminal, Juvenile and Civil Traffic)

17 Fines: Total Collectible Amount

Same amount as is on line 7.

18 Fees: Total Collectible Amount


19 Total collections Total amount of Fines, Court Costs, Filing Fees, Services Charges and Administrative Costs collected in the reporting period, regardless of when the assessment was made.

20 Collection Rate Line 19 divided by the sum of lines 17 & 18.

Circuit Criminal Statistics: #21, #22 and #23 are only applicable for Circuit Criminal (Felony) section.

21 Number of Drug Trafficking Cases

Only Circuit Criminal Felony: Number of cases that include drug trafficking cases that were adjudicated during the reporting period.* See Note.

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22 Number of Drug Trafficking counts that were adjudicated

Only Circuit Criminal Felony: Include the number of Chapter 893 Drug Trafficking charges that were adjudicated guilty during the reporting period. Not Applicable for County Criminal, Juvenile or Civil Traffic.* See note.

23 Total Amount Actually Assessed for Drug Trafficking Convictions

Only Circuit Criminal Felony: Report the total actual amount of Fines & Court Costs assessed to the above convicted charges. Not Applicable for County Criminal, Juvenile or Civil Traffic.* See Note.

*Note: s. 893.135(4) – “The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.” If s. 893.135(4) prevails there is no under assessment to record.

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CIRCUIT CIVIL - (Includes Family)PROBATE - (Includes Guardianship & Mental Health)COUNTY CIVIL - (Includes Summary Claims)

Fines, Court Costs and Other Monetary Penalties: - Total Discretionary Amounts - All assessments are Discretionary(Distribution Schedule - Code P - Fine/Penalty and Code C - Court Cost)

Report Form Line No. & Data Element

Mandatory Discretionary


N/A N/A


N/A N/A


N/A Include Fines and Court Costs actually imposed by the Court at the time of sentencing or re-sentencing or other type of disposition usually on contempt charges.


N/A N/A


N/A N/A

6 Minus: Other N/A Report total assessment amounts reduced because of any reason during reporting period.

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N/A Line 3 minus line 6 = line 7

8 Reduced to Judgment/ Lien

N/A Report the amount of fine and/or court costs reduced to a Judgment and/or lien.

Fees, Service Charges and Costs - Total Mandatory Amounts - All assessments are mandatory(Distribution Schedule - Code F- Filing Fee and Code S - Service Charge/Other Fee)


Include Filing Fees, Service Charges and Administrative Costs required to be assessed by statute - unless waived, suspended or reduced by the court as allowed by law.

10 Amount Under- Assessed if any

Report assessments that are less than the Minimum Mandatory required to be assessed by statute. Use this field to report Filing Fees, Service Charges and Administrative Costs that are ordered waived or returned by the Court.Note: On the Report Form “Amount Under Assessed, if any” is not a subtraction of report line “Amount Actually Assessed” from “Amount to be Assessed (Mandatory Minimum by Stature/Ordinance).” It is an accumulation of all under assessed amounts.


Report the Filing Fees, Service Charges and Administrative Costs actually assessed.


N/A


N/A

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14 Minus: Other Report total assessment amounts reduced because of any reason during reporting period. This is not to be used to record “under assessment” amounts where there is no statutory authority to do so. Example: For example, a debtor becomes deceased.


Line 11 minus line 14 = line 15

16 Reduced to Judgment/Lien (For Disclosure Only)

N/A

Collection Rate (Combines All Fines, Court Costs, Monetary Penalties AND Fees, Services Charges, Costs for each court division on the Report Form: Circuit Civil, Probate and County Civil)

17 Fines: Total Collectible Amount


18 Fees: Total Collectible Amount


19 Total Collections Total amount of Fine, Court Costs, Filing Fees, Services Charges and Administrative Costs collected in the reporting period.

20 Collection Rate Line 19 divided by the sum of lines 17 & 18.

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APPENDICES

Example Charts for Reporting Fines

Chart 1: Mandatory Minimum Fine with a Discretionary Range

Fine SHALL Not be Less Than $500 and Not greater Than $1,000 (Discretionary Range)Minimum $500 – Maximum $1,000

Amount. to be Assessed (Statutory Mandatory Minimum)

Amount Under Assessed, if any

Amount Actually Assessed

Minus: Community Service

Minus: Satisfied by Time Served

Minus: Other Total Collectible Amount

$500 $0 $900 $0 $0 $0 $900

$500 $300 $200 $0 $0 $0 $200

$500 $0 $1,000 $0 $500 $0 $500

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Example Charts for Reporting Fines (Continued)

Chart 2: Discretionary Fine with a Range

Fine May Not Exceed $15,000 ($0 to $15,000) RangeMinimum $0 – Maximum $15,000

Amount to be Assessed (Statutory Mandatory Minimum)






$0 $0 $5,000 $0 $0 $0 $5,000

$0 $0 $0 $0 $0 $0 $0

$0 $0 $15,000 $0 $15,000 $0 $0

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Chart 3: Mandatory Fine Example

Fine SHALL Impose $200,000 FineMinimum $200,000







$200,000 $100,000 $100,000 $0 $0 $0 $100,000

$200,000 $0* $100,000 $0 $0 $0 $100,000

*Note: When specific statutory authority exists a mandatory fine may be reduced. For example, a Drug Trafficking assessment may be reduced, per negotiated agreement, as stated in s. 893.135(4), F.S. The Clerk would have to be informed of this reduction in order to record the assessment correctly.

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Chart 4: Mandatory Fine reduced, without statutory authority

Mandatory $50 FineMinimum $50







$50 $50* $0 $0 $0 $0 $0

*Note: In this example the amount actually assessed was reduced to “0”, without the specific statutory authority, thus the fine amount is recorded as “under assessed.”

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Chart 5: Discretionary fine with a Range*

Discretionary $50 FineMinimum $0 – Maximum $50







$0 $0 $0 $0 $0 $0 $0

$0 $0 $25 $0 $0 $0 $25

*Note: There is no provision for an “over assessment” amount.

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Frequently Asked Questions (FAQs) and Examples/Scenarios

Court Division Issue FAQ Examples/Scenarios

Circuit Criminal(Felony)

Under assessment of a criminal fine.

1. For criminal fines, FS 938.04 states that 5% of any fine shall be provided to the Crimes Compensation Trust Fund (CCTF). What would be the result of an underassessment of the mandatory fine?

1. If a judge assessed the minimum mandatory fine of $500, the CCTF assessed would be 5% of the fine, or $25. However, if the judge under assessed the minimum mandatory fine by assessing only $100, the CCTF would be $5.

The under assessment would be reported as $420 (minimum fine = $500, actual assmt. = $100), under assessment = $400. If the minimum mandatory fine was assessed, the CCTF would be $25. Since only $100 was assessed, the CCTF = $5, under assessment = $20.

The total under assessment recorded = $420.


Minimum amount not specified by the Court.

2. If a minimum amount is not specified by the Court, do I still record the assessment as $1.00 (Based on the old Guidelines)?

Response: No, per SB 1964, (FS 28.2457) – Except as otherwise

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provided by law, a monetary assessment mandated by statute shall be imposed and included in the judgment without regard to whether the assessment is announced in open court. Therefore, either the Clerks must manually utilize the “Form Matrix” developed by the FCCC, and approved by the Supreme Court, specifying the assessment; or program their case maintenance system to capture the assessment mandated by statute.


Felony and Criminal Traffic charge

If I have a Felony case with both a Felony and Criminal Traffic charge, where do I report the possible and actual for the Criminal Traffic charge?

Example: Felony case with two charges: Charge A is First Degree Felony, s. 893.135, F.S., with a mandatory possible of $100,000, and Charge B is s. 316.191(3)(a) with a mandatory possible of $500.a) Under the Reporting Group for Felony you would report the possible of $100,500. (Charge A possible $100,000 + Charge B possible $500 = 100,500)

Criminal Criminal Fines - Discharge, error or reversal

How is a motion to correct an erroneous legal sentence handled?

Fines may be discharged upon grant of a motion to correct an erroneous or illegal sentence under rule 3.800(b), Florida Rules of Criminal Procedure, upon reversal of a sentencing order on direct appeal, or upon

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exercise of the court's authority to modify or correct a sentencing order within 60 days under rule 3.800(c). See e.g., Elliott v. State, 1 So. 3d 219 (Fla. 2009) ($500 fine for robbery conviction, in addition to habitual offender sentence, was unlawful).

Criminal Criminal Fines – Conversion to Community Service, Civil Lien or Time Served

See example. Fines may be converted to community service or reduced to a civil judgment under section 938.30(2) and (6), Florida Statutes.Under section 951.16, Florida Statutes, a defendant who is imprisoned in the county jail for failure to pay a fine and costs under sentence imposed for conviction of a crime is entitled to receive a credit on the fine and costs in proportion to the time served in custody.

Criminal Criminal Fines – Waived, Drug Trafficking

See example. Section 893.135, Florida Statutes - Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.s. 893.135 (4), The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any

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of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

Circuit Criminal Drug Trafficking Case A Drug Trafficking case carries a mandatory $50,000 fine - the Judge only imposed $25,000. On Line #1 - report $50,000; on Line #2 - report $25,000; on Line #3 - report $25,000. Unless, the reduction is requested under s. 893.135(4) - then on Line #1 - report $25,000; on Line #2 - report $0 and on Line #3 - report $25,000.

Felony Drug Trafficking Case A Drug Trafficking case carries a mandatory $50,000 fine - the Judge imposed $60,000. On Line #1 - report $50,000; on Line #2 - report $0; on Line #3 - report $60,000.

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Circuit Criminal (Felony) Statistics

County Criminal(Criminal Traffic, Misdemeanors, & non-criminal ordinances)

Nolle Proseque How do I report assessments for a charge that is Nolle Proseque?

Example: Case with two charges. Charge A has a mandatory possible of $100 and Charge B has a mandatory possible of $100.

a) State Attorney files a Nolle Pros only on Charge A – Report $0 as possible for Charge A and $100 as possible for Charge B.

b) State Attorney files Nolle Pros on Charge A and B – Report $0 as possible for the case.

c) Defendant is assessed Public Defender Application Fee of $50 and pays the $50 – State Attorney files Nolle Pros on both Charge A and B – Report $50 as

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Court Division Issue FAQ Examples/Scenariospossible, $50 as assessed, and $50 as collected.

Juvenile (Delinquency & Dependency)

Civil Traffic

Civil Civil Penalties – Conversion to Community Service

See example. A civil penalty for a noncriminal traffic infraction may be converted to community service under section 318.18(8)(b)(1), Florida Statutes, if the person is unable to comply with the court's order due to a demonstrable financial hardship. In that instance, the court shall allow the person to satisfy the civil penalty by participating in community service until the civil penalty is paid.

Civil Civil Penalties - Waived

See example. Section 316.2065(17), Florida Statutes, Bicycle Regulations (the court may waive, suspend or reduce any fine imposed under the statute).

Circuit Civil (Includes Family)

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Probate (Includes Guardianship & Mental Health)

County Civil (Includes Summary Claims)

General – Court Costs

Fines, Court Costs never assessed.

See example. Under section 939.06, Florida Statutes, a defendant who is acquitted or discharged, or whose conviction is reversed upon appeal or other review, is not liable for costs or fees.

General – Court Costs

Discharged, error or unauthorized.

See example. Costs may be stricken upon appeal of a sentence challenging the costs as unauthorized. See e.g., Ferrell v. State, 437 So. 2d 782 (Fla. 2d DCA 1983) (court did not have authority to impose costs as condition of parole).

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Definitions of Terms

Court Division/Are

a

Term Definition

All Divisions with exceptions noted in “Definition”

Amount to be Assessed (Mandatory by Statute)

Means the minimum dollar amount that is required, without discretion afforded to the judge or the Clerk of Court, be imposed upon a person pursuant to a provision of the Florida Statutes. The minimum dollar amount may be explicitly prescribed in the statutory provision or may emanate from operation of the statute. Although not always the case, the statutory provision typically will use the word "shall" or "must" in reference to imposition of the amount. Any amount that a court waives, suspends, or reduces because the law allows it to do so under specified circumstances is not part of the amount to be assessed.

Amount Under-Assessed, if any Means a positive dollar amount that is the difference between the minimum dollar amount that is required to be imposed upon a person pursuant to a provision of the Florida Statutes and the amount actually assessed. If the difference is a negative dollar amount, the amount under-assessed is $0. Any amount that a court waives, suspends, or reduces because the law allows it to do so under specified circumstances is not part of the amount to be assessed and thus is not considered under-assessed.Note: On the Report Form, “Amount Under Assessed, if any,” is not a subtraction of report line “Amount Actually Assessed” from “Amount to be Assessed (Mandatory Minimum by Stature/Ordinance).” It is an accumulation of all under assessed amounts.

Amount Actually Assessed Report the actual amount assessed by the court and/or assessed at case initiation during the reporting period. (Include any assessment, regardless

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Court Division/Are

a

Term Definition

if the assessment was dismissed by the court, converted to community service, reduced to judgment, or satisfied by time served).

Example: Court assessed $100 mandatory fine during the reporting period and reduced the $100 to a Judgment. Report $100 as the actual amount assessed.

For civil traffic citations, report the assessed amount when citations are filed. If the violator requested or was cited for a violation requiring a mandatory hearing, do not report an assessment until the amount is imposed by the court. If an infraction is dismissed by the Clerk, report the reduced amount as the actual assessment.Example: Citation filed for violation of F.S. 322.065 (Expired DL 4 months or less), amount assessed $100.A. Violator fails to pay citation within reporting period – Report $100 as the amount actually assessed. NOTE: If late fees or additional penalties were assessed, include the amount as assessed.B. Violator elects to attend court event within reporting period – Court event scheduled outside reporting period – Report $0.00 as the amount actually assessed.C. Violator elected and attended court within reporting period. Court assessed $100 – Report $100 as the amount actually assessed.D. Violator provides a valid DL, original fine assessed $100 is reduced and $10 dismissal assessed during reporting period – Report $10 as the

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Court Division/Are

a

Term Definition

amount actually assessed.

Minus Community Service Amount Report the total amount of the assessment converted to community service during the reporting period. Note: Only report the amount converted if the assessment occurred during the reporting period.Example: Reporting Period 10/01/2011 - 09/30/2012A. Court assessed $100 fine on 10/05/2011. $50 of the fine was converted to community service on 11/05/2011. Report $50 as Community Service Amount.B. Court assessed $100 fine on 10/05/2011. $50 of the fine was converted to community service on 11/05/2011 and $50 converted on 12/05/2011 – Report $100 as Community Service Amount.C. Court assessed $100 fine on 09/05/2011. $50 of the fine was converted to community service on 11/05/2011 and $50 converted on 12/05/2011 – Report $0 as Community Service Amount.

Minus Time Served Amount(N/A for Juvenile)

Report the amount satisfied by time served during the reporting period. NOTE: Only report the amount satisfied by time served if the assessment occurred during the reporting period.

Examples: Reporting Period 10/01/2011 -09/30/2012Court assessed $100 fine on 10/05/2011. $50 of the fine was satisfied by time served on 11/05/2011. Report $50 as Satisfied as Time Served Amount.

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Court Division/Are

a

Term Definition

Court assessed $100 fine on 10/05/2011. $50 of the fine was satisfied by time served on 11/05/2011 and $50 was satisfied by time served on 12/05/2011 – Report $100 as Satisfied as Time Served Amount.

Court assessed $100 fine on 09/05/2011. $50 of the fine was satisfied by time served on 11/05/2011 and $50 converted on 12/05/2011 – Report $0 as Satisfied as Time Served Amount.

Minus Other Amount Report total assessment amounts reduced because of any “other” reason during reporting period for cases in that court division. This is not to be used to record “under assessment” amounts where there is no statutory authority to do so. Examples of “other” reasons are: Defendant deceased, Case nolle prosequi, etc.

Total Collectible Amount This field is a calculation:Amount Actually Assessed (Line 3) – Minus Comm. Service Amount (Line 4) – Minus Time Served Amount (Line5) – Minus Other Amount (Line 6) = Total Collectible Amount (Line 7)

Example:Amount Actually Assessed $500.00Minus Comm. Service Amount $100.00Minus Time Served $ 0.00Minus Other Amount $ 0.00

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Court Division/Are

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Term Definition

Total Collectible Amount $400.00Judgment/Lien Amt. (Disclose Amt.) Report the amount of court cost/fines/fees reduced to Judgment during the

reporting period. NOTE: Only report the amount reduced to Judgment if the assessment occurred during the reporting period.Example:A. Court assessed $100 fine on 10/05/2011. $50 of the fine was reduced to Judgment on 11/05/2011. Report $50 as Judgment/Lien Amount.B. Court assessed $100 fine on 10/05/2011. $50 of the fine was reduced to Judgment on 11/05/2011 and $50 reduced to Judgment 12/05/2011 – Report $100 as Reduced to Judgment Amount.C. Court assessed $100 fine on 09/05/2011. $50 of the fine was reduced to Judgment on 11/05/2011 and $50 reduced to Judgment on 12/05/2011 – Report $0 as Reduced to Judgment Amount.

Collection Rate/Area

Total Collections (Fines, Court Costs, Filing Fees, Services Charges and Administrative Costs)

Total amount of Fines, Court Costs, Filing Fees, Services Charges and Administrative Costs collected in the reporting period, regardless of when the assessment was made

Report the total amount collected during the reporting period for Fines and Other Monetary Penalties regardless of when the money was assessed. Note: This collected amount does include any amount collected on assessments that were reduced to judgment.Example:

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Court Division/Are

a

Term Definition

A. Court assessed $100 fine on 09/05/2011. $50 of the fine was paid on 11/05/2011. Report $50 as collected amount.B. Court assessed $100 fine on 10/05/2011. $50 of the fine was reduced to Judgment on 11/05/2011, $100 was paid on 12/05/2011 – Report $100 as collected amount.C. Court assessed $100 fine on 08/11/2009. $100 reduced to judgment on 08/11/2009, $100 was paid on 11/01/2011 – Report $100 as collected amount

Collection Rate This field is a calculation:Total Collections (Line19) / (Total Collectible Amount (Line 7) + Total Collectible Amount (Line 15) = Collection RateExample:

- Total Collections (Line 19) $ 500.00- Total Collectable Amount (Line 7) $ 500.00- Total Collectable Amount (Line15) $ 500.00- $1000.00- Collection Rate- $500/$1000 = 50%

(See above calculation for explanation)

Circuit Criminal (Felony)

Circuit Criminal StatisticsNumber of Drug Trafficking Case Convictions

Only applies to Circuit Criminal (Felony)Include the number of Chapter 893 Drug Trafficking charges that were adjudicated guilty during the reporting period. Not Applicable for County Criminal, Juvenile or Civil Traffic.

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Court Division/Are

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Term Definition

Total amount actually assessed for Drug Trafficking Case Convictions

Only applies to Circuit Criminal (Felony)

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Statutory and Documentation References

Court Division in Guidelines

Citation for Statutory or Documentation References Description/Rationale

http://www.flclerks.com/Intranet/Clerk_Info/a_c_reports.html FCCC Clerks Intranet Assessments and Collections Report Project Website.

“Form Matrix” 2012 Currently under review by the Supreme Court.

SB 1964/Ch. 2012-124, Senate Bill No. 1964 2012 Legislative bill addressing the “Form Matrix” and amending the Annual Assessments and Collections Report format to include new data fields.

2011 Annual Assessments and Collections Report (Consolidated Summary Report)

Located on Clerks Intranet Assessments and Collections Report Project Website for reference.

FS 28.246 (2012) – Payment of Court Related Fines, Fees and Services Charges

Amended by SB 1964.

FCCC Distribution Schedule, revised July 2012 Identifies fines, fees, costs and distribution of funds.FS 318.18 (2012) – Civil traffic Amount of Penalties Identifies alternative penalties.FS 938.30 (2012) – Financial Obligations in Criminal Cases Identifies community service option.

Below are statutes that impact assessments and grant judges authority to modify mandatory assessments.

To ensure that under assessments are not incorrectly recorded.

Judicial Branch

FS 27.5304 Private court-appointed counsel, compensation

Civil FS 61.181 Depository for alimony transactions, support,

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http://www.flclerks.com/Intranet/Clerk_Info/a_c_reports.html


Court Division in Guidelines

Citation for Statutory or Documentation References Description/Rationale

Practice and Procedure

maintenance, and support payments

Motor Vehicles

FS 316.192 Reckless Driving State uniform traffic control

Motor Vehicles

FS 316.193 Driving under the influence; penalties State uniform traffic control

Motor Vehicles

FS 318.14 Noncriminal traffic infractions; exception; procedures.

Description of traffic infraction

Vessel Safety

FS 327.359 Refusal to submit to testing; penalties

Crimes FS 812.015 Retail and farm theft; transit fare evasion mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties

Criminal Procedure

FS A938.15 Criminal justice education for local government

Criminal Procedure

FS 939.185 Assessment of additional court costs and surcharges

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Document Revision Schedule

No. Date Revision Description/Rationale Author

1. 11/08/12 Baseline Final Draft for presentation at FCCC 2012 Fall Conference, Orlando, Florida

FCCC Assessments and Collections Report Project Workgroup

2. 12/06/12 Amended based on Clerk and Clerk staff feedback from November FCCC 2012 Conference


3. 12/13/12 Final changes based on Clerk and Clerk staff feedback form November FCCC 2012 Conference and approved by Report Form and Guidelines Workgroup.


4.

Contact Information: For questions, issues, discrepancies, or recommendations about this document please contact The Florida Court Clerks & Comptrollers:

Contact person: Alex NicholasEmail: [email protected] 850-921-0808

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mailto:[email protected]

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