Bill Text: FL S0492 | 2021 | Regular Session | Introduced

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Bill Title: Council on the Discretionary Imposition of Criminal Justice and Traffic Fines and Fees

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0492 Detail]

Download: Florida-2021-S0492-Introduced.html

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       Florida Senate - 2021                                     SB 492
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00368C-21                                           2021492__
    1                        A bill to be entitled                      
    2         An act relating to the Council on the Discretionary
    3         Imposition of Criminal Justice and Traffic Fines and
    4         Fees; creating s. 16.6171, F.S.; establishing the
    5         council adjunct to the Department of Legal Affairs;
    6         requiring the department to provide administrative
    7         support to the council; specifying application of law
    8         governing advisory bodies; prescribing the composition
    9         of the council; providing duties of the council;
   10         providing for future repeal; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 16.6171, Florida Statutes, is created to
   16  read:
   17         16.6171 Council on the Discretionary Imposition of Criminal
   18  Justice and Traffic Fines and Fees.—
   19         (1) The Council on the Discretionary Imposition of Criminal
   20  Justice and Traffic Fines and Fees, a council as defined in s.
   21  20.03(7), is established adjunct to the Department of Legal
   22  Affairs. The department shall provide administrative support to
   23  the council, but the council shall perform its duties and
   24  responsibilities independently of the department. Except as
   25  otherwise provided in this section, the council shall operate in
   26  a manner consistent with s. 20.052.
   27         (2) The council is composed of the following members:
   28         (a) The chair of the council, appointed by the Attorney
   29  General.
   30         (b) Two members of the Senate, one appointed by the
   31  President of the Senate and one appointed by the Senate Minority
   32  Leader.
   33         (c) Two members of the House of Representatives, one
   34  appointed by the Speaker of the House of Representatives and one
   35  appointed by the House Minority Leader.
   36         (d) Two public defenders, one from a judicial circuit with
   37  a population of more than 1 million and one from a judicial
   38  circuit with a population of less than 1 million, both appointed
   39  by the president of the board of directors of the Florida Public
   40  Defender Association.
   41         (e) Two state attorneys, one from a judicial circuit with a
   42  population of more than 1 million and one from a judicial
   43  circuit with a population of less than 1 million, both appointed
   44  by the president of the executive board of the Florida
   45  Prosecuting Attorneys Association.
   46         (f) A Supreme Court justice or a district court of appeal
   47  judge, appointed by the Chief Justice of the Florida Supreme
   48  Court.
   49         (g) Two county judges appointed by the president of the
   50  board of directors of the Conference of County Court Judges of
   51  Florida.
   52         (h) Two circuit judges appointed by the chair of the
   53  executive committee of the Florida Conference of Circuit Judges.
   54         (i) A representative of the Florida Association of Court
   55  Clerks and Comptrollers appointed by the president of the
   56  association.
   57         (j) A community member nominated by each of the following
   58  organizations and appointed by the Attorney General:
   59         1. Operation New Hope;
   60         2. Florida Rights Restoration Coalition;
   61         3. Southern Legal Counsel;
   62         4. Florida Rural Legal Services;
   63         5. Chainless Change; and
   64         6. Abe Brown Ministries.
   65         (k) A representative of the Fines and Fees Justice Center,
   66  nominated by the organization and appointed by the Attorney
   67  General.
   68         (3) Council members shall reflect the racial, ethnic, and
   69  cultural diversity of the state’s population. Any vacancies
   70  shall be filled in the same manner as the initial appointment.
   71         (4) The council has the following duties:
   72         (a) Review the impact of fines, fees, restitution, and
   73  other court costs on individuals and families with low incomes;
   74  the consequences faced by individuals who fail to pay fines,
   75  fees, restitution, and other court costs and financial
   76  obligations; and how such consequences may be mitigated through
   77  increased judicial discretion in imposing fines, fees, and
   78  restitution, as well as through policies and other practices
   79  that reduce legal financial obligations for low-income residents
   80  and lessen the negative impacts of these obligations. Such a
   81  review must include an analysis of how fines, fees, citations,
   82  and other financial penalties impact people with low incomes,
   83  and the proportionality of such impacts on people of color and
   84  their families.
   85         (b) Evaluate the impact of mandatory assessments of fines,
   86  fees, and costs on all relevant stakeholders in the court
   87  system, including an analysis of current law relating to the
   88  discretionary assessment of fines, fees, and costs.
   89         (c) Review mechanisms and collections rates in states that
   90  allow judicial discretion for the imposition of fines and fees
   91  in criminal and traffic cases, including, but not limited to,
   92  the following:
   93         1. Ability to pay determinations at sentencing;
   94         2. Waiver or reduction of fees and costs;
   95         3. Use of day fines;
   96         4. Effective use of community service or other alternative
   97  sanctions; and
   98         5. Debt discharge or the write-off of uncollectible debts.
   99         (d) Hold a minimum of four regionally diverse community
  100  meetings to hear directly from individuals impacted by the
  101  mandatory assessment of criminal and traffic fines and fees.
  102         (e) Perform a systemwide analysis of the costs of
  103  collecting fines, fees, restitution, and other mandatory costs,
  104  including an analysis of cost-saving benefits associated with
  105  increased judicial discretion.
  106         (f) Draft and publish a report that includes findings and
  107  recommendations for this state regarding increased judicial
  108  discretion in the imposition of fines, fees, and costs at
  109  sentencing or disposition, along with recommended policy and
  110  other practice changes that would help reduce the financial
  111  hardship associated with fines, fees, and other costs on
  112  affected individuals and their families.
  113  
  114  The council may meet as often as it deems necessary to fulfill
  115  the duties prescribed in this subsection.
  116         (5) This section is repealed December 31, 2024.
  117         Section 2. This act shall take effect July 1, 2021.