02/20/2024 - Laserfiche WebLink

Home Browse Search

William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Office Of Public Hearing 02/20/2024 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: February 8, 2024 SUBJECT: Charging Criminal Defendants Additional Fees and Eliminating Costs for Indigent Defendants Florida Statute §939.185 allows a County to impose court costs of $65 when a person is found guilty of a felony, misdemeanor or delinquent act. The statute provides that those funds collected must be allocated as follows: 25% for local court funding • 25% for legal aid programs • 25% for law library funding 25% to juvenile assessment centers and alternative programs In the past, counties have assessed a single $65 charge even though a criminal defendant pleads guilty to a number of charges. For example, if a defendant pleads guilty to driving with a suspended license, driving under the influence and leaving the scene of an accident, the defendant will be charged a single $65 fee for court costs. Recently, a Florida District Court of Appeals upheld a county's practice of charging $65 in court costs for each crime where a guilty plea is entered. So, in the example were a defendant pleads guilty to three crimes, that defendant may now be charged $195 in court costs. In Indian River County during Fiscal Year 2022-23, the $65 fee was assessed on 1,530 cases resulting in $99,450 of court costs. In the 1,530 cases, there were 6,174 total counts, so if the $65 would have been assessed per count, then the total amount of money owed on those 1,530 cases would have been $401,310, which amounts to an increase of $301,860 in costs. Granted, 100% of these costs are not collected, but the County could receive a significant increase in funding for the four programs specified in County code. It should be noted that Florida Statute §939.185 also states that if a defendant is found to be indigent, the $65 court cost shall not be imposed. The proposed amendment to Indian River County Code §§305.11 and 305.12 (attached) provides for assessing $65 in court costs for each charge a defendant is convicted of and also exempts defendants from paying the $65 court cost if they are found to be indigent by the court. 192