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 path:
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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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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 …………………………………………………………………………..…...
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The following Court Divisions follow the same Guideline Rules and require the same reportable data for
Fines, Court Costs and Other Monetary Penalties - Mandatory and Discretionary Amounts .….…
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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
The following Court Divisions follow the same Guideline Rules and require the same reportable data for
Fees, Service Charges and Costs All Assessments are Mandatory …………………………………..
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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
The following Court Divisions follow the same Guideline Rules and require the same reportable data for
Fines, Court Costs and Other Monetary Penalties – Mandatory and Discretionary Amounts ………
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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 for
Fees, Service Charges and Costs - All Assessments are Mandatory ………………………………..
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Circuit Civil (Includes Family)
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Probate (Includes Guardianship & Mental Health)
County Civil (Includes Summary Claims)
Appendices
Example Charts for Reporting Fines ………………………….………..………………………..…..
FAQs and Examples/Scenarios …….……………………………………………………………….…
Definition of Terms ………………………………………………………………………………….
Statutory and Documentation References …..…………………………………………….………….
Document Revision Schedule and Contact Information ………………………….………………..
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General Guidelines:
Do not include assessments or payments for the following:
a.
Restitution
b.
Cost of Supervision
c.
Cost of Incarceration
d.
Cost of Prosecution
e.
Cost of Investigation
f.
Bond forfeitures
g.
Child Support
h.
Parking tickets other than Uniform Traffic Citations (UTC’s)
i.
Recording Fees
j.
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 Mandatory
Element
1
Amount to be Assessed
(Mandatory Minimum
by Statute/Ordinance)
Discretionary
Report the Minimum Mandatory Fines, Court
N/A
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.
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2
Amount UnderAssessed, if any
Report the difference in the amount assessed and N/A
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.
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)
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
For Civil Traffic: report the amount imposed
citations are filed if a court date has not been
by the court where a court appearance was
requested or mandated. If a court date is set, do
required or requested.
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.
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4
Minus: Community
Service
Report total assessment amounts allowed by the
Report total assessment amounts allowed by
Court to be converted to community service during the Court to be converted to community
reporting period. - Not applicable for Juvenile.
service during reporting period. - Not
applicable for Juvenile.
Note: Only report the amount converted if the
assessment occurred during the reporting period.
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:
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
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1. Defendant deceased,
2. Case nolle prosequi/dismissed (See s.
939.06, Acquitted Defendant not liable for
costs),
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.
3. Jurisdiction lost, (probation terminated
with outstanding fees), etc.
Line 3 minus lines 4, 5 & 6 = line 7
Line 3 minus lines 4, 5 & 6 = line 7
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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)
9
Amount to be Assessed
(Mandatory Minimum
by Statute/Ordinance)
Report Filing Fees, Service Charges and Administrative Costs required to be assessed by statute.
10
Amount UnderAssessed, 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.
11
Amount Actually
Assessed
Report the Filing Fees, Service Charges and Administrative Costs actually assessed.
12
Minus: Community
Service
N/A
13
Minus: Satisfied by
Time Served
N/A
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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.
15
Total Collectible
Amount
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
Same amount as is on line 15.
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
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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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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 Only Circuit Criminal Felony: Report the total actual amount of Fines & Court Costs assessed to
Assessed for Drug
the above convicted charges. Not Applicable for County Criminal, Juvenile or Civil Traffic.* See
Trafficking Convictions 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 Mandatory
Element
Discretionary
1
Amount to be Assessed
(Mandatory Minimum
by Statute/Ordinance)
N/A
N/A
2
Amount UnderAssessed, if any
N/A
N/A
3
Amount Actually
Assessed
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.
4
Minus: Community
Service
N/A
N/A
5
Minus: Satisfied by
Time Served
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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7
Total Collectible
Amount
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)
9
Amount to be Assessed
(Mandatory Minimum
by Statute/Ordinance)
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 UnderAssessed 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.
11
Amount Actually
Assessed
Report the Filing Fees, Service Charges and Administrative Costs actually assessed.
12
Minus: Community
Service
N/A
13
Minus: Satisfied by
Time Served
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.
15
Total Collectible
Amount
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
Same amount as is on line 7.
18
Fees: Total Collectible
Amount
Same amount as is on line 15.
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) Range
Minimum $0 – Maximum $15,000
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
$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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Example Charts for Reporting Fines (Continued)
Chart 3: Mandatory Fine Example
Fine SHALL Impose $200,000 Fine
Minimum $200,000
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
$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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Example Charts for Reporting Fines (Continued)
Chart 4: Mandatory Fine reduced, without statutory authority
Mandatory $50 Fine
Minimum $50
Amount to be
Assessed
(Statutory
Mandatory
Minimum)
$50
Amount Under
Assessed, if any
$50*
Amount
Actually
Assessed
$0
Minus:
Community
Service
$0
Minus:
Satisfied by
Time Served
$0
Minus: Other
$0
Total
Collectible
Amount
$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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Example Charts for Reporting Fines (Continued)
Chart 5: Discretionary fine with a Range*
Discretionary $50 Fine
Minimum $0 – Maximum $50
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
$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
Circuit Criminal
(Felony)
Issue
Under assessment of a
criminal fine.
FAQ
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?
Examples/Scenarios
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.
Circuit Criminal
(Felony)
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 provided
by law, a monetary assessment
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Court Division
Circuit Criminal
(Felony)
Issue
Felony and Criminal
Traffic charge
FAQ
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.
Examples/Scenarios
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
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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
exercise of the court's authority to modify or
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Court Division
Criminal
Criminal
Issue
FAQ
Criminal Fines –
Conversion to
Community Service,
Civil Lien or Time
Served
See example.
Criminal Fines –
Waived, Drug
Trafficking
See example.
Examples/Scenarios
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).
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.
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 of that person's
accomplices, accessories, coconspirators, or
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Court Division
Issue
Circuit Criminal
Drug Trafficking Case
Felony
Drug Trafficking Case
FAQ
Examples/Scenarios
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.
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.
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.
Circuit Criminal
(Felony) Statistics
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Court Division
Issue
FAQ
Examples/Scenarios
County Criminal
(Criminal Traffic,
Misdemeanors, &
non-criminal
ordinances)
Nolle Proseque
How do I report assessments for a charge Example: Case with two charges. Charge
A has a mandatory possible of $100 and
that is Nolle Proseque?
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
possible, $50 as assessed, and $50 as
collected.
Juvenile
(Delinquency &
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Court Division
Dependency)
Issue
FAQ
Examples/Scenarios
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)
Probate (Includes
Guardianship &
Mental Health)
County Civil
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Court Division
(Includes Summary
Claims)
Issue
FAQ
Examples/Scenarios
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/Area
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
if the assessment was dismissed by the court, converted to community
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Court
Division/Area
Term
Definition
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 amount
actually assessed.
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Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Court
Division/Area
Term
Definition
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 - 09/30/2012
A. 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 -09/30/2012
Court 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.
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
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Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Court
Division/Area
Term
Definition
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
Minus Comm. Service Amount
Minus Time Served
Minus Other Amount
Total Collectible Amount
Judgment/Lien Amt. (Disclose Amt.)
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$500.00
$100.00
$ 0.00
$ 0.00
$400.00
Report the amount of court cost/fines/fees reduced to Judgment during the
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Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Court
Division/Area
Term
Definition
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:
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
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Court
Division/Area
Term
Definition
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 Rate
Example:
-
Total Collections (Line 19)
Total Collectable Amount (Line 7)
Total Collectable Amount (Line15)
Collection Rate
-
$ 500.00
$ 500.00
$ 500.00
$1000.00
$500/$1000 = 50%
(See above calculation for explanation)
Circuit
Criminal
(Felony)
Circuit Criminal Statistics
Number 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.
Total amount actually assessed for Drug Only applies to Circuit Criminal (Felony)
Trafficking Case Convictions
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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 Amended by SB 1964.
Services Charges
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
Practice and
FS 61.181
Depository for alimony transactions, support,
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Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Court
Division in
Guidelines
Procedure
Citation for Statutory or Documentation References
Description/Rationale
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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Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Document Revision Schedule
No.
Date
Revision Description/Rationale
1.
11/08/12
Baseline Final Draft for presentation at FCCC 2012 Fall
Conference, Orlando, Florida
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.
Author
FCCC Assessments and Collections Report
Project Workgroup
FCCC Assessments and Collections Report
Project Workgroup
FCCC Assessments and Collections Report
Project Workgroup
4.
Contact Information: For questions, issues, discrepancies, or recommendations about this document please contact The
Florida Court Clerks & Comptrollers:
Contact person:
Alex Nicholas
Email:
anicholas@flclerks.com
Phone
850-921-0808
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