WIXLIB

Civil Citation Programsin FloridaDon Barbee, Esq.Hernando Clerk Court & ComptrollerEdited by Bob InzerLeon County Clerk and Comptroller

Factors Affecting ClerkFunding New statewide threats to our funding Civil Citations Collections Drivers License Reinstatement Factors that affect local revenuestreams. How are our revenues doing?

Civil Citation? Juvenile Diversion Program– F.S. 985.12 Tobacco Related Offenses– F.S. 569.11, 877.112 FWC, Traffic Violations, etc. Local Ordinances re: Cannabis (6)– Miami-Dade, Miami Beach, Miami Gardens,Broward County, Palm Beach County andHallandale Beach, Tampa “Pre-Arrest” Diversion Program– Leon County/Tallahassee* Newspapers cited Fernandina Beach but its 2013 ordinance issynthetic drugs only.

Cannabis Decriminalize or diversion? Diversion– Leon County– Juveniles– Broward and Miami-Dade (maybe?) Decriminalize– Miami Beach, Miami Gardens– Hallandale Beach– Palm Beach County

Miami Gardens and Miami Beach Straight decriminalization– Cannabis 20 and paraphernalia Notice of violation Pay 100 or request hearing within 10 days Two days of community service can besubstituted If neither, special master assesses fines,order recorded as lien Police department administers; no record inthe courts nor any fees paid to clerk No maximum number, no increased fines, noeligibility requirements

Hallandale Beach 8/2015 – program not started yet Code collects money, police departmentadministers– Transferred a code employee to policedepartment No protocol for hearings or non-compliance– likely to be handled like codes 100 – 1st and 2nd 250 – 3rd and 4thSilent beyond 4th and NO eligibility criteriaPolice department required to use program orarticulate why it didn’t issue civil citation

Palm Beach County Adopted 12/14/2015Cannabis 20 and paraphernalia2 citations maximum 100 or 10 hours community serviceHandled like other IN cases– Clerk of Court administers and collects money– Failure to pay, judgment against defendant

Broward County Hybrid of decriminalize/diversion– Brand new (11/10/2015)– Cities defaulted in unless they opt out Cannabis 20 only Law enforcement officers appointed as CEOsper ordinance Not eligible if – Possession is 20 -- same criminalepisode as felony, DV, violent crime or DUI– Previous recipient who didn’t followprogram– No 4th bite at the apple

Broward County (continued) 4 penalty options (1st or 2nd offense)– Pay CE fine within 30 days– Appeal within 10 days (CE rules apply)– Community service program approved by CountyAdministrator (1st 8 hours; 2nd 16 hours)– Drug treatment or educational program Penalty option (3rd offense)– Drug screening PLUS fine or program Failure to complete civil citation program– Reported back to the agency that issued the citationfor further action (Is this a diversionary program?)

Miami-Dade County Both diversion and decriminalization programs exist Decriminalization (6/20/2015)– 7 different MMs decriminalized and treated like other codeviolations (includes cannabis 20 and paraphernalia - 100)– Eligibility–not in conjunction with Felony, DV, DUI or violent crime– No maximum #– Money and administration handled by detectives assigned toLegal Division of MDPD Diversion (11/13/2015)– Same 7 MM charges, no eligibility criteria except excluded fromprogram if arrested for the charges; namely, eligible if givencitation– Penalties 50 fee and one day of CS for each enrollment in programup to 3 times Avoid 50 for extra day of CS or 50 fee and buy out CS at 100/day (this can be completedby mail)

Miami-Dade County (continued) Illegal use of dairy cases, egg baskets, poultryboxes, or bakery containers Trespass on property other than structure orconveyance Retail theft by removal of a shopping cart Loitering or prowling Possession of cannabis in an amount of 20grams or less Possession of drug paraphernalia

Leon/Tallahassee No ordinance or resolution in place – “pilot”Run by Civil Citation Network (private)10 eligible MMs (incl. 20 and paraphernalia)Eligibility officer discretion; one-time offenseHow it works– “The officer will investigate determine PC,advise offender of Miranda warnings, obtain anadmission, determine eligibility, offer diversion andprovide pamphlet.”– 7 days for offender to schedule intake with provider– Variety of penalties including fees, educationalcomponents, community service, etc.– Not reported to clerk and all fees are kept byprivate provider with no oversight.

Leon County(Post Diversion Procedures) Successful?– Vendor reports to LEO, supplementto police report, case closed Unsuccessful?– Report to LEO– LEO attempts to issue NTA; if not,apply for arrest warrant

Just Beginning Being considered in Alachua,Pinellas County and others This is not over and will be comingto a city or county near you soon Intent is good; implementation is aproblem

SB 618/HB 1031“Pre-arrest” diversion programs– Authorized for local communities as well as “public orprivate educational institutions”– Eligibility Enumerated MM offense Admission to crime No criminal history No objection from victim No victims or restitution required– Successful? No criminal history, case closed.– Unsuccessful? Law enforcement entity “shallcriminally charge” the defendant and refer case toStates Attorney

Potential Concerns Consistency within or acrossjurisdictional lines Record Keeping Program Oversight Loss of State Revenue

Beyond Cannabis Ordinances permitted for violations of statelaw unless subject matter is pre-emptedJaramillo v. City of Homestead, 322 So.2d 496 (Fla. 1975). What is pre-empted?–––––––Most Traffic Offenses – 316.002Red Light Cameras – 316.0076Firearm Related Offenses – 790.33Fish and Wildlife – 379.2412Some Obscenity – 847.09/847.013Tobacco (except by schools) – 386.209Etc.

What Should We Do Meet with your sheriffs and policechiefs and see if they areinterested. Meet with your county attorneyand county commission chair tosee if they are considering this. Ensure that civil citations are filedwith the clerk, records are keptand fees maintained by the clerk.

Collections“Walk Down Memory Lane” Since July 2004 we have beenfunded by the revenues wecollect. Florida statutes provide for thisfunding source. Statutes also say that if revenuesare insufficient the Legislature hasto make up the shortfall.

Historic Revenue TrendRevenue Trend FY 2005/06 - FY 2014/15 540.6 519.1 502.7 470.6 463.4 426.42005/062006-072007-082008-092009-102010-11 414.9 426.32011-122012-13 422.7 400.82013-142014-15

Clerk Revenue StreamsRevenue CategoryFinesFiling Fees 80 Redirect Filing FeeReopen Filing FeeService ChargesCourt CostsForfeitures & Interest

Revenue by Court Program

History Continued Originally, it appeared that clerks, inaggregate, would collect sufficient revenuesto fund our offices. In early years, revenues increasedsubstantially due to lack of prior collectionefforts. Then foreclosures accelerated rapidly alongwith the civil filing fees. The revenue model allowed clerks toincrease their budgets based upon theincreased revenues they generated.

Civil Cases DecliningNew Civil Case Filing Trends800,000Circuit Civil754,723County 12011-122012-132013-14Source: CCOC Outputs and Timeliness Report2014-15

Foreclosure Filings DecliningForeclosure Filing Trend450,000400,000350,000Voluntarymoratorium bylenders300,000250,000Ch. 2013-137 120122013Foreclosure Cases FiledSource: Office of State Court Administration20142015

Civil Traffic DecliningNew Civil Traffic Cases Filed .43.13.0Estimated loss of 1.4million traffic citationsfrom FY 2007/08 008-092009-102010-112011-122012-13Source: CCOC Outputs and Timeliness Report2013-142014-15

History Continued Recession hit and the State’sbudget was in the tank. Clerks’ budgets were increasingrapidly. Clerks were tone-deaf andspending freely. To help balance state budget, theLegislature increased fees andcourt costs, kept the money, andcut our budget.

History Continued Since then our revenues havebeen consistently declining. Higher fees, resulted in officerswriting fewer tickets. Landlords paid tenants to moveout, which was cheaper and fasterthan evictions. Legislature no longer requiredindigents to pay filing fees.

Civil Indigence – Loss ofRevenuesCivil Indigent Impact on RevenuesCourt DivisionsCases Filed 13/14Application FiledApplications ApprovedFamily255,80046,04438,447Other Civil Divisions793,35825,75421,027Filing Fee No RevenuesPayment PlanFamily: 7.5 M. 1.0 M.Other Civil: 1.5 M. .5 M.Estimated Total: 9.0 M. 1.5 M.Source: CCOC Survey of 20 Counties

DraftRevenue Analysis, CFY 2008vs. CFY 2015CFY 2007/2008CFY 2014/2015Fines 113,139,064.00 74,866,302.71Forefeitures 14,854,465.39 8,137,342.71FeesServiceCharges 220,251,941.19 68,897,496.69 87,283,469.56Interest 7,088,717.25 683,198.05Court Costs 116,416,923.23 78,919,028.22 80 Filing Fee - 30,485,407.38Total 540,648,607.75Source: CCOC Expenditure and Collection Reports 120,422,445.20 400,797,193.83

90-Day Delay of Reopen Fee CFY2013/14

Red Light - Camera Citationsvs. Law Enforcement OfficerCitations

Clerk Offices Impacted by TollViolationsProjected loss of Clerk revenuesbetween CFY 12/13 – CFY 13/14 is 10 million to 16 millionSource: CCOC Survey of counties along the Turnpike District; March, 2015

History Continued Revenues were inadequate to supportour budget. The Legislature wasproviding supplemental funding duringsession. Legislature and its staff told clerks wewere not doing enough to collect feesand courts costs. Clerks became more aggressive in theircollection efforts.

Operation Greenlight Example Purpose Results Future Expectations

Operation Green Light Statewide Project Summary ReportAs of May 1, 2015STATEWIDEEntity Receiving nts (Restitution)OtherLocal TotalAreaRevenues ReceivedLocalLocalLocalLocalLocalLocalLocal ,879.411,694,057.50ClerkClerk RevenueClerk 10%OtherClerk TotalClerkClerkClerkClerk ate Florida (General Revenue and Trust Funds)State Attorney Trust FundIndigent Criminal Defense Trust FundState Courts Revenue Trust FundOtherState TotalStateStateStateStateStateState 82,074,083.10 5,414,069.35Total Revenues CollectedNumber of cases paid in fullNumber of DL reinstatementsNumber of DL reinstatements made eligible26,7891,8517,979

Today Efforts to restrict Clerk collectionefforts– Brennan Center Study– Press in Orange County resulted inelimination of collections court– Multiple articles around the statediscussing number of citizenswithout licenses

Senate Bill 7046 Requirements– Must enter into payment plan withanyone that requests it– Payments may not exceed in anyyear, more than 2% of theindividual’s income without regard toassets– Eliminated requirement to turnunpaid collections over tocollections agency

Senate Bills 2076 (Continued)– Bid out selection of collection agenciesevery 3 years.– Notice on traffic citations of ability toenter into payment plans and access tocommunity service.– You can not suspend someone’s licensefor failure to pay under certain conditionsincluding that they are indigent.– Ability to get a restricted license.

2016 Financial Impact Unknown Estimated between 17 - 80million Increases workload as youmonitor community service andprocess applications to courtswith no additional revenues

Drivers License Reinstatement Licenses in Florida are suspendedfor many reasons. A significant number of citizens aredriving on a suspended license. Suspension of a drivers license isthe principal tool clerks have toenforce collections. Growing pressure to find a processthat will reinstate drivers licenses.

Drivers License Reinstatement(continued) Dade, Pinellas, Orange and Hillsboroughcounties have had Drivers LicenseReinstatement Days. It generally involves the courts modifyingpenalties or judgments to allowreinstatement of licenses. Citizens are put on payment plans orcommunity service and allowed to gettheir licenses reinstated.