New Clerk Academy
Criminal Court & Jury
State Reporting Requirements
February 27, 2013
Gainesville, FL
State Reporting Requirements
Linda Doggett, Lee County Clerk
Alex Alford, Walton County Clerk
State Reporting Requirements
Many State reports are required but today, we will focus on two…
1.
Assessments & Collections Annual Report
•
2.
Also known as Mandatory & Discretionary
Collections Rate Quarterly Report
•
One of the Performance Measures reports
Assessments & Collections
• AKA – Mandatory Discretionary
• Mandated by FS 28.246
• Report is produced annually, for the timeframe of October
1(year 1) to September 30 (year 2)
• Report is due to the FCCC by the 18th day of October; the FCCC
compiles all the data for an annual report to the legislature
(and CCOC) which is due by December 1st
• Prior year reports (i.e. 2011-2012) are available on the FCCC
website
Assessments & Collections
• Report provides information on :
• what fines/costs/fees are ordered by the court,
• what mandatorily could have been ordered by the court (statute
driven), and
• what amounts were waived / discharged.
Assessments & Collections
• Senate Bill 1964 (July 2012) identified changes to the report
for the current reporting year (Oct 2012 – Sep 2013)
• Legislature is expecting the Clerks to report consistently and
accurately on this information
Assessments & Collections
Some examples of past high-level issues include:
• Not capturing information in the CMS or Finance Systems for certain
reported fields (i.e. civil judgment/liens)
• Not reporting all “possible” assessments for mandatory costs
• Multiple interpretations of the report guidelines influenced data
comparisons. For example, reporting of converted or reduced assessments.
• Information not available (in the courtroom) to determine if a reduced fine
is permitted by law. For example, drug cases where defendant assists with
the conviction of another.
• Incorrect classification and recording of data into local case maintenance
systems.
• Judicial actions may differ even in counties within the same circuit, affecting
data comparison.
Assessments & Collections
• Karen Rushing established a project workgroup to focus on
this initiative; goal was to provide updated reporting
templates and clearly defined guidelines for report content
• Alex Nicholas is the project leader (FCCC)
• Participating counties included Alachua, Hillsborough, Marion,
Miami-Dade, Sarasota, Palm Beach, Pinellas, Putnam plus
members from OSCA and CCOC
• Final Drafts of the project materials are available from the
FCCC; the Supreme Court has still not approved of the
reporting form template or the mandatory fines/costs
(minimums by statute guide)
Assessments & Collections
• The workgroup developed the format of the Report Guidelines
to provide guidance for some of these issues.
• However, the challenge is for individual Clerk offices to
analyze their workflow, classification and recoding processes
in order to report correct data.
Assessments & Collections
• New report format may impact your CMS/Finance Reporting
system(s)
• Report in new format, using new guidelines must be ready by
October 2013
• Data being collected for the report has already started; you
may need to have your teams review how you are capturing
information in your systems and if you are able to meet the
new report guidelines
Assessments & Collections
2013 Report Form 12/12/12
* FINAL DRAFT 2013 REPORT FORM *
Annual Assessments and Collections Report for 2013
(Note X)
Payment of Court-Related Fines or other Monetary Penalties, Fees, Charges, and Costs
Pursuant to ss. 28.2457 and 28.246, Florida Statutes (2012)
Please provide the following information:
County:
County Name
Contact eMail Address:
Phone:
Contact Area Code-Number
Contact:
Contact Name
Contact eMail Address
Reporting Period: Oct. 1, 2012 - Sept. 30, 2013
Identify your Vendor Case Maintenance System used:
(i.e.: Clericus/Odyssey/Pioneer, In-House, etc.)
Identify your Vendor Financial System used:
(i.e.: In-house, Vendor financial module, etc.)
Assessments & Collections
Black-Out Areas Indicate No Data Required.
CIRCUIT CRIMINAL (Felony)
Fines, Court Costs and Other Monetary Penalties - Mandatory and Discretionary Amounts
Mandatory
Line
1
Amount to be Assessed (Mandatory
Minimum by Statute/Ordinance)
2
Amount Under-Assessed, if any
3
Amount Actually Assessed
4
Minus: Community Service
5
Minus: Satisfied by Time Served
6
Minus: Other
7
Total Collectible Amount
8
Reduced to Judgment/Lien (For Disclosure Only)
Discretionary
Fees, Service Charges and Costs - All assessments are mandatory
Mandatory
9
Amount to be Assessed (Mandatory
Minimum by Statute/Ordinance)
10
Amount Under-Assessed, if any
11
Amount Actually Assessed
12
Minus: Community Service
13
Minus: Satisfied by Time Served
14
Minus: Other
15
Total Collectible Amount
16
Reduced to Judgment/Lien (For Disclosure Only)
Discretionary
Assessments & Collections
Collection Rate
(Combines All Fines, Court Costs, Monetary Penalties AND Fees, Services Charges, Costs for Circuit Criminal)
17
Fines: Total Collectible Amt. (Includes Judgment/Liens)
18
Fees: Total Collectible Amount
19
Total Collections
20
Collection Rate
$
%
Circuit Criminal Statistics
21
Number of Drug Trafficking Cases
22
Number of Drug Trafficking Counts Adjudicated
23
Total amount actually assessed for Drug Trafficking Convictions
$
30,000.00
Assessments & Collections
CIRCUIT FELONY & COUNTY CRIMINAL COURT
(County Criminal includes Criminal Traffic and Misdemeanors)
Authority
Description
Imposition Imposition
Mandatory Discretionary
Minimum
Required
Maximum
Authorized
$0.00
$0.00
$0.00
$0.00
$0.00
$15,000.00
$10,000.00
$ 5,000.00
$ 1,000.00
$ 500.00
Life felony
1st or 2nd degree felony
3rd degree felony
1st degree misdemeanor
2nd degree misdemeanor or non-criminal violation
Comments
Line Fines, Court Costs, and Other Monetary Penalties:
775.083(1)
(a)
(b)
(c)
(d)
(e)
Fines
x
x
x
x
x
122
27 316.193(2)(b)3.
DUI Penalties: BAL under 0.15 - 4th
or subsequent offense
x
$2,000.00
$5,000.00
3rd degree felony
51 327.35(2)(b)3.
BUI Penalties: BAL under 0.15 - 4th
or subsequent violation
x
$2,000.00
$5,000.00
3rd degree felony
207 938.055
FDLE Operating Trust Fund
x
$100.00
$100.00
19 316.192(2)(b)
Reckless driving - 2nd offense
x
$50.00
$1,000.00
Note: Assessment is mandatory without a jail sentence
18 316.192(2)(a)
Reckless driving - 1st offense
x
$25.00
$500.00
Note: Assessment is mandatory without a jail sentence
4
117.05(1)
Unlawful use of notary commission
x
$0.00
$3,000.00
5
258.008(2)
State Parks and Preserves Prohibited
Activities - Failure to Comply
x
$0.00
$500.00
2nd degree misdemeanor
6
258.008(3)
State Parks and Preserves Prohibited
Activities
x
$0.00
$500.00
2nd degree misdemeanor
7
316.027(1)(b)
Failure of driver to remain at the
scene of a crash involving death
x
$0.00
$10,000.00
8
316.061(1)
Crash with property damage
x
$0.00
$500.00
2nd degree misdemeanor
Damaging unattended property
x
$0.00
$500.00
2nd degree misdemeanor
10 316.063(1)
For trafficking in illegal drugs, pursuant to s. 893.13
3rd degree feloy
1st degree felony
Assessments & Collections
• Challenges to accurate reporting are primarily related to
courtroom processes, for example:
• announcing the fines as mandatory,
• announcing the offense degree (1st , 2nd on DUI and drugs) and
• announcing what count should be assessed the fine(s) where
there are multiples on the case.
Assessments & Collections
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
$500
$0
$900
$0
$0
$0
$900
$500
$300
$200
$0
$0
$0
$200
$500
$0
$1,000
$0
$500
$0
$500
Minus: Other
Total
Collectible
Amount
Assessments & Collections
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
Chart 3: Mandatory Fine Example
*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
Assessments & Collections
Final Draft Report Guidelines 2013 Annual Assessments and Collections Report
Document Revision Schedule
No.
1.
Date
11/08/12
2.
12/06/12
3.
12/13/12
Revision Description/Rationale
Baseline Final Draft for presentation at FCCC 2012 Fall
Conference, Orlando, Florida
Amended based on Clerk and Clerk staff feedback from
November FCCC 2012 Conference
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
Assessments & Collections
• Weblink to Project Documents:
http://www.flclerks.com/Intranet/Clerk_Info/a_c_reports.ht
ml
Collections Report
• Mandated by FS 28.35(2)(d)
• The collection rate is the total of all collections related to the assessment control
group divided by the actual assessments of the reporting period.
Calculation Logic
Collection Rate = Total Amount Collected divided by the Total Amount Assessed (+) or
(–) Adjustments to Assessments
o Report is produced quarterly.
• There is a separate worksheet for each court type. E.g. Criminal circuit, criminal
county, criminal juvenile delinquency (juveniles) criminal traffic (UTC), civil circuit,
civil county, civil traffic (UTC), civil probate, civil family, and civil juvenile
dependency.
Collections Report
• Performance Measure Standards
•
•
•
•
•
•
•
•
•
Circuit Criminal 9%
County Criminal 40%
Juvenile Delinquency 9%
Criminal Traffic 40%
Circuit Civil 90%
County Civil 90%
Civil Traffic 90%
Probate 90%
Family 75%
Collections Report
• Assessment control group (CGE): The total of all fines, fees, services
charges, and other monetary penalties assessed during the given
reporting period, i.e., CG 7/1/11 through 9/30/11, etc.
• Report Period Ending (RPE): Collections for each control group will
be reported at the end of one year, i.e., the CG 7/1/11 RPE is
9/30/12.
• Reports due to Florida CCOC: Reports will be due quarterly, 20 days
after each assessment control group has met the one year reporting
period.
 10/20
 01/20
 04/20
 07/20
• Example of case type is Civil Traffic (TR)
Collections Report
• Explanation for (downward) Variances in Total
Amount Assessed:
Multiple Elections allowed by Florida Statute
• Elect a hearing – extends time to pay: case may be dismissed
without penalty or found guilty of a lessor offense. New law
allows defendants up to 180 days to elect a hearing. (Effective
01/01/2013, FS 318.15)
• Show proof of compliance for vehicle defect citations (pays
smaller fine than original charge)
• Show proof was valid at time of traffic violation; DL, Tag,
Insurance (results in $10.00 dismissal fee)
Collections Report
• Explanation for (upward) Variances in Total
Amount Assessed:
• Assessed statutory D6 late fee + $23.00
• Assessed failure to attend defensive driving school
reversal fee +$18.00
• Court Ordered Serious Bodily or Fatality mandatory
fines in addition to original fine + $500/$1000
• .
Collections Report
• Effective ways we Increased Civil Traffic
Collections:
1. Timely D6 unpaid traffic infractions – (31 days).
2. Timely transmit unpaid citations to your collection
agency- (90 days after D6 date).
3. Eliminated automatic 60 day extension policy (2004).
4. Timely report unpaid payment plans to collection
agency.
Collections Report
• Weblink to Collection Business Rules:
• http://www.flccoc.org/Collections/Best%20Practices/COLLECT
IONS_Business_Rules_070809.pdf