CopyCited 19 times | Published | Supreme Court of Florida | 2002 WL 31718799
...ement of law was substantially impaired and gave it moderate weight. [5] Defense counsel objected to seating the alternate juror, asserting that this juror had shaken hands with the victim's family and had given them his condolences. [6] Pursuant to section 938.30(9), the failure to pay court costs results in simply civil contempt. See § 938.30(9), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1398105
...led for failing to pay, and thereafter failing to appear before the collections court. For the reasons explained below, we concluded that their detention was unconstitutional and issued an order granting their petition with an opinion to follow. [1] Section 938.30, Florida Statutes (2003), authorizes supplementary proceedings for the collection of fines, fees, and costs in all criminal cases....
...The statute also provides that any person failing to attend a hearing or wilfully failing to comply with an order under the section, including an order to comply with a payment schedule established by the clerk of the court, may be held in civil contempt. § 938.30(a). The circuit court in Polk County promulgated Administrative Order 7-12.0 to implement section 938.30....
...The Administrative Order does not require that individuals jailed for failure to pay or appear be brought before the court at the first collections court date following their arrest. The petitioners point to a myriad of flaws in Polk County's attempt to implement section 938.30. In general, their complaints can be divided into those attacking the constitutionality of the Administrative Order, those attacking its failure to comply with section 938.30, and those raising issues of procedural due process....
...The same can be said of Polk County's collection program to the extent that it provides for the incarceration of indigent persons for no reason other than the fact that they owe a debt to the county that they are unable to pay. Moreover, this aspect of Polk County's program is inconsistent with section 938.30(2), which expressly provides for court-ordered community service where a defendant is unable to pay....
...viduals "until payment can be made." Accordingly, that provision of the Administrative Order is unconstitutional. We also agree with the petitioners that Polk County's actions pursuant to the Administrative Order violated their right to due process. Section 938.30(2) provides for a procedure where the court may order individuals to appear and be examined under oath regarding their ability to pay. It also gives the court the power to enforce that order and any other order it enters pursuant to the statute by civil contempt. § 938.30(9)....
...Each of the nine named petitioners were arrested and incarcerated after failing to pay and failing to appear for their POAH. The Administrative Order characterizes the POAH as "a Contempt of Court Proceeding Hearing," not a hearing to determine ability to pay as contemplated by section 938.30....
...The procedures Polk County employs pursuant to the Administrative Order are inadequate to satisfy these requirements. At the outset, we note that it is debatable whether the "order" the petitioners received from the court is sufficient to require their appearance as provided for in section 938.30(3)....
...The Administrative Order does not require that those arrested and jailed for failure to pay be brought before the court at the earliest Wednesday available. The amount of time the petitioners spent in jail ranged from three days to eighty-one days. Section 938.30(9) gives the trial court the authority to enforce orders entered pursuant to the statute only by civil contempt....
...Not only did the procedures employed in this case fail to satisfy the minimal due process requirements for civil contempt, they converted what is supposed to be a coercive sanction for civil contempt into a punishment for criminal contempt, something not authorized by section 938.30....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1434128
...Blackiston appeals the portion of his sentence ordering him to report to the "Clerk of Courts Collections Division" thirty days after his release from jail, pursuant to Administrative Order No. 07-99-26. The administrative order created a "collections court program" in the Ninth Circuit pursuant to Section 938.30, Florida Statutes (Supp.1998)....
...law. To effectuate that purpose, the legislature gave the trial courts of this state the authority to utilize, at their discretion, a program by which fines, costs, and other criminal penalties are collected by civil *555 supplementary proceedings. § 938.30, Fla. Stat. (Supp.1998). Lastly, the law states: "The court may enter any orders necessary to carry out the purposes of this section." § 938.30(14), Fla. Stat. (Supp. 1998). Administrative Order No. 07-99-26 seeks to carry out the purpose of section 938.30, but in doing so, the administrative order improperly limits the discretionary authority vested in the trial judges to utilize the program when they deem it appropriate....
...3d DCA 1994). Instead of recognizing the discretionary authority of the trial judges, the administrative order mandates that each trial judge of the ninth circuit order into the program the defendants to whom the law and administrative order applies. Section 938.30 contemplates that the trial judge may order the defendant into the program, and then subject the defendant to the various dictates of the statute, as the trial judge sees fit. [1] For this reason, the administrative order is beyond the authority of the chief judge. See id. REVERSED and REMANDED for resentencing in accordance with this opinion. COBB and W. SHARP, JJ., concur. NOTES [1] For example, § 938.30(2), Florida Statutes (Supp.1998) states that: The court may require a person ordered to pay an obligation to appear and be examined under oath concerning the person's financial ability to pay the obligation....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 2159221, 2012 Fla. App. LEXIS 9705
...488 (citation and quotation marks omitted). Thus, in determining whether extradition costs constitute criminal punishment, we focus on the authorizing statutes. Extradition costs are imposed and enforced as costs of prosecution under sections
938.27 and
938.30....
...State,
980 So.2d 1035 (Fla.2008) (explaining that costs may be a criminal sanction for purposes of ex post facto if “the length of an inmate’s sentence can be increased by failure to pay the costs”). Also, if the defendant is unable to pay, the court can convert these costs to community service. §
938.30(2)....
...Unlike the invalid original sentence in Dunbar , here the original sentence was not rendered invalid by the trial court's *880 failure to include costs the State had yet to request. . Payment of costs of prosecution may be enforced by, among other methods, reducing them to a civil judgment. See §§
938.27(5),
938.30(6), (12); cf....
CopyPublished | Court of Appeals for the Eleventh Circuit
...3d 878, 879–80 (Fla. Dist. Ct. App. 2012). And if a felon
cannot pay a financial obligation imposed in his sentence, the sentencing court may
“convert the statutory financial obligation into a court-ordered obligation to
perform community service,” Fla. Stat. § 938.30(2), a provision that makes little
sense if costs and fees exist primarily to raise revenue and not to punish and
rehabilitate offenders.
Like fines and restitution, fees and costs are also linked to culpability.
Florida imposes he...
...ture considered,
and an alternate proposal that was rejected highlights the legislature’s knowledge of SB 7066’s
impact. Florida law provides that a sentencing court may convert LFOs to civil liens when
defendants cannot pay them. See Fla. Stat. §
938.30(6)–(9), see Jones II,
2020 WL 2618062, at
*4 (explaining that civil liens are “often use[d] for obligations a criminal defendant cannot afford
to pay”)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...3d 878, 879–80 (Fla. Dist. Ct. App. 2012). And if a felon
cannot pay a financial obligation imposed in his sentence, the sentencing court may
“convert the statutory financial obligation into a court-ordered obligation to
perform community service,” Fla. Stat. § 938.30(2), a provision that makes little
sense if costs and fees exist primarily to raise revenue and not to punish and
rehabilitate offenders.
Like fines and restitution, fees and costs are also linked to culpability.
Florida imposes he...
...ture considered,
and an alternate proposal that was rejected highlights the legislature’s knowledge of SB 7066’s
impact. Florida law provides that a sentencing court may convert LFOs to civil liens when
defendants cannot pay them. See Fla. Stat. §
938.30(6)–(9), see Jones II,
2020 WL 2618062, at
*4 (explaining that civil liens are “often use[d] for obligations a criminal defendant cannot afford
to pay”)....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 16268, 2010 WL 4226274
...Alternatively, the lower court may impose a judgment against Hernandez covering the $75 balance (and presumably more) representing the value of the services received by Hernandez from the public defender if the requirements of documentation, notice and *177 opportunity for the appellant to be heard are met. See § 938.30(6), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Appellee. )
___________________________________)
Opinion filed October 2, 2019.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Polk County; Mark F. Carpanini,
Judge.
PER CURIAM.
Affirmed. See § 938.30, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Appellee. )
___________________________________)
Opinion filed March 20, 2019.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Manatee County; Lee E. Haworth,
Judge.
PER CURIAM.
Affirmed. See § 938.30, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 10072
...J. J.F. appeals her juvenile disposition order, contending that the trial court reversibly erred by ordering her to pay attorney’s fees in the amount of $400.00 without providing her proper notice of her right to contest the amount as required by section 938.30 of the Florida Statutes (2005) and rule 3.720(d) of the Florida Rules of Criminal Procedure....
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 1852140
...PALMER, J. J.F. appeals her juvenile disposition order, contending that the trial court reversibly erred by ordering her to pay attorney's fees in the amount of $400.00 without providing her proper notice of her right to contest the amount as required by section 938.30 of the Florida Statutes (2005) and rule 3.720(d) of the Florida Rules of Criminal Procedure....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 9452, 2002 WL 1437988
...Further, he was ordered to: [Rjeport to the Clerk of Courts Collections Division at 425 N. Orange Ave., Room 460 to be scheduled for a status hearing within thirty days of release. The Amended Administrative Order (Amended Order), which created the Collection Program was adopted pursuant to section 938.30, entitled “Court-imposed financial obligations, supplementary proceedings.” It sets forth methods to recover, by way of supplementary proceedings, financial obligations imposed by courts in criminal cases at sentencing....
...he fines and costs imposed at sentencing could not be paid in full at that time, or within 120 days. This order was amended after an earlier order was found improper because it denied trial *362 judges the discretionary authority provided to them in section
938.30. See Blackiston v. State,
772 So.2d 554 (Fla. 5th DCA 2000). The amended order has addressed and cured the Blackiston problem. Section
938.30(2) contemplates that a defendant will be examined by the court at the time he or she is called upon to pay costs and fees. Section
938.30(3) requires that notice be given prior to a defendant being brought into court for a hearing and provides: The order requiring the person’s appearance shall be served a reasonable time before the date of the examination in the manner...
CopyPublished | Florida 2nd District Court of Appeal
...Appellee. )
___________________________________)
Opinion filed July 3, 2019.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Pasco County; Kimberly Campbell,
Judge.
PER CURIAM.
Affirmed. See § 938.30, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...after a court has determined the individual is unlikely to be able to pay. 4 Id.
4
The district court found as a factual matter that Florida’s judges often use the state’s statutory
mechanism for converting financial obligations imposed at sentencing to civil liens, Fla. Stat. §
938.30(6)–(9), when they know that the defendant is unable to pay the amount assessed.
9
Case: 19-14551 Date Filed: 02/19/2020 Page: 10 of 78
Finally, SB...
CopyPublished | Florida 5th District Court of Appeal | 2001 WL 908536
...use the collections program. It is clear that on resentencing, after the date of the change to the administrative order, the trial judge in this case *564 exercised that discretion. Thus, Blackiston is not on point. Pettaway argues in addition that section 938.30 does not authorize the establishment of a new court or division entitled "Collections Courts;" and that the creation of a division of an existing court would have to be done by local rule approved by the Florida Supreme Court....
