CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
Dear Ms. Coffman: On behalf of the Palm Beach County Clerk of Courts and Comptroller, you ask substantially the following question: Does the amendment to section 27.562 , Florida Statutes, by Chapter 04-265, Laws of Florida, create a $40 distribution to the Indigent Criminal Defense Trust Fund that is in addition to the $40 application fee assessment that must be distributed to the Indigent Criminal D...
...at the Office of the Clerk and Comptroller of Palm Beach County collects and distributes the statutory fines, costs and assessments relating to services of the public defender for indigent criminal defendants. You note that in 2004, sections
27.52 ,
27.562 and
938.29 , Florida Statutes, were amended as part of legislative efforts to effectuate Revision 7 to Article V of the Florida Constitution, approved by the voters in November 1998, which reallocated state court system funding among the state, counties and users of the courts....
...The court may order payment of the assessed application fee and attorney's fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. Attorney's fees and costs collected under this section shall be deposited into the General Revenue Fund." 7 Section
27.562 , Florida Statutes, provides for the disposition of funds collected pursuant to section
938.29 , Florida Statutes: " The first $40 of all funds collected pursuant to s....
...Indigent Criminal Defense Trust Fund by circuit. Appropriations from the fund shall be proportional to each circuit's collections. All judgments entered pursuant to this part shall be in the name of the state." 8 (e.s.) Prior to the 2004 amendment, section 27.562 , Florida Statutes (2003) provided that "[a]ll funds collected pursuant to s....
...nd nothing that seeks to alter the general scheme relating to the imposition of an application fee for representation by the public defender or to authorize the payment of an additional $40 application fee. Rather, the intent of the 2004 revision to section
27.562 , Florida Statutes, appears to have been to maintain the priority of the distribution of the $40 application fee and to divert 25 percent of the remaining revenues collected under section
938.29 , Florida Statutes, to the Indigent Criminal Defense Trust Fund....
...Indigent Criminal Defense Trust Fund, but makes no mention of the imposition of an additional $40 application fee or the effect of such an additional fee. 14 Moreover, as noted above, section
27.52 , Florida Statutes, prior to the 2004 amendment to section
27.562 , Florida Statutes, stated that the clerk of the court shall assign the first $40 of any fees or costs paid by an indigent person as payment of the application fee; such language is still contained in section
27.52 . The language added by Chapter 04-265, Laws of Florida, to section
27.562 stating that the first $40 of all funds collected pursuant to section
938.29 , Florida Statutes (relating to fees and costs), shall be deposited into the Indigent Criminal Defense Trust Fund would appear to relate to the application fee referenced in section
27.52 . Accordingly, I am of the opinion that the amendment to section
27.562 , Florida Statutes, by Chapter 04-265, Laws of Florida, does not create a $40 distribution to the Indigent Criminal Defense Trust Fund that is in addition to the $40 application fee assessment that must be distributed to the Indigent Criminal Defense Trust Fund under section
27.52 , Florida Statutes....
...27.52 ; however, language substantially similar to the language formerly contained in s.
27.52 (2)(a), Fla. Stat. (2004) is now contained in s.
27.52 (1)(b), Fla. Stat. (2005). 7 Section
938.29 (1)(c), Fla. Stat. 8 See s. 13, Ch. 04-265, Laws of Fla., amending s.
27.562 , Fla. Stat. 9 Section
27.52 , Fla. Stat. 10 Section
27.525 , Fla. Stat. 11 Section
938.29 , Fla. Stat., originally s. 27.56, Fla. Stat. (1975). It was renumbered by s. 22, Ch. 97-271, Laws Of Florida. 12 Section
27.562 , Fla....
...Currently 100% of these collections are to be deposited into the General Revenue Fund after July 1, 2004." 14 See Senate Staff Analysis and Economic Impact Statement on CS/CS/SB 2962, dated April 15, 2004 (staff analysis), at p. 30, stating: "Changes to s. 27.562 , F.S., direct 25 percent of the revenues received from the attorney costs assessed under s....
