New Clerk Academy Criminal Court Jury State Reporting

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 18 th day of October; the FCCC compiles all the data for an annual report to the legislature (and CCOC) which is due by December 1 st • 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 e. Mail Address: Phone: Contact Area Code-Number Contact: Contact Name Contact e. Mail 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 Discretionary 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) Fees, Service Charges and Costs - All assessments are mandatory Mandatory Discretionary 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)

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 $ 30, 000. 00 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 $

Assessments & Collections CIRCUIT FELONY & COUNTY CRIMINAL COURT (County Criminal includes Criminal Traffic and Misdemeanors) Authority Description Imposition Mandatory Discretionary Line Fines, Court Costs, and Other Monetary Penalties: 775. 083(1) (a) (b) (c) (d) (e) x x x Fines 122 Minimum Required Maximum Authorized $0. 00 $15, 000. 00 $10, 000. 00 $ 5, 000. 00 $ 1, 000. 00 $ 500. 00 Life felony 1 st or 2 nd degree felony 3 rd degree felony 1 st degree misdemeanor 2 nd degree misdemeanor or non-criminal violation Comments 27 316. 193(2)(b)3. DUI Penalties: BAL under 0. 15 - 4 th or subsequent offense x $2, 000. 00 $5, 000. 00 3 rd degree felony 51 327. 35(2)(b)3. BUI Penalties: BAL under 0. 15 - 4 th or subsequent violation x $2, 000. 00 $5, 000. 00 3 rd degree felony 207 938. 055 FDLE Operating Trust Fund x $100. 00 19 316. 192(2)(b) Reckless driving - 2 nd offense x $50. 00 $1, 000. 00 Note: Assessment is mandatory without a jail sentence 18 316. 192(2)(a) Reckless driving - 1 st 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 2 nd degree misdemeanor 6 258. 008(3) State Parks and Preserves Prohibited Activities x $0. 00 $500. 00 2 nd 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 2 nd degree misdemeanor Damaging unattended property x $0. 00 $500. 00 2 nd degree misdemeanor 10 316. 063(1) For trafficking in illegal drugs, pursuant to s. 893. 13 3 rd degree feloy 1 st 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 (1 st , 2 nd 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 Minus: Other Total Collectible Amount $500 $0 $900 $500 $300 $200 $0 $200 $500 $0 $1, 000 $0 $500

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 $0 $100, 000 $200, 000 $0* $100, 000 $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 4. 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 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. h tml

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. Ø 10/20 Ø 01/20 Ø 04/20 Ø 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 D 6 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 D 6 unpaid traffic infractions – (31 days). 2. Timely transmit unpaid citations to your collection agency- (90 days after D 6 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%20 Practices/COLLECT IONS_Business_Rules_070809. pdf