Over the years, Florida lawmakers have pushed the courts to make all those who come before a judge pay not just their fines but court costs.
That no-nonsense approach to crime and punishment might have backfired. Certainly, it received a bad review this week in a national report titled, "The Hidden Costs of Florida's Criminal Justice Fees." Issued by New York City-based Brennan Center for Justice, the report condemned the practice of "cash register justice," which is rampant in Florida. The center presented its findings at a Wednesday press conference.
"Cash register justice," according to the report, is the practice of underwriting criminal justice costs and closing budget gaps by collecting "user fees" and fines as a result of criminal offenses. According to the author of the report, Rebekah Diller, it affects hundreds of thousands of Floridians every year.
"Among the 15 states we have looked at who use these fees to fund the courts and other basic government functions, Florida is one of the worst in terms of lack of exemptions for those who can least afford to pay them -- the indigent," Diller said.
The Brennan Center is a non-partisan, public policy and law institute that focuses on issues of justice and democracy. It's part of the New York University Law School.
Since 1996, the Florida Legislature has passed into law more than 20 new categories of legal financial obligations (LFOs) for criminal defendants while eliminating exemptions for those who cannot afford to pay. Prior to that, taxpayers were asked to pay for the court costs.
"I agree with the findings of the report for the most part," said Rep. William Snyder, R-Stuart, a former sheriff's captain and chairman of the House Criminal and Civil Justice Policy Council. "A better approach would be to appropriate funds (to pay for the court system) from general revenue rather than from court costs."
With the debt collection system a fine or fee is levied as the result of an individual judged guilty in a crime. If that individual misses the payment, he or she is then issued an order to appear in court to explain why. If they fail to make that court appearance, a so-called "blue writ" is issued which results in suspension of the person's driver's license and could also lead to an arrest and jail time.
About one-third of the counties in Florida use this collection system. Several of the others hire private collection agencies to go after the debt. The Legislature allows these private companies to charge up to a 40 percent surcharge.
According to the Brennan report, in one year 838 people were arrested in Leon County in this collection system and more than 20,000 hours of jail time were issued.
"Just to arrest individuals for failing to appear in court cost Leon County $62,000 in one year. The courts were able to collect $80,000 from that group, so they netted $12,000. When you factor in the court costs and other associated fees, you might break even," Diller said.
The standard in the courts, said Diller, is this: Clerk's are doing a good job if they collect 9 percent of the fines and fees.
"These arrests and jailings are being done without counsel and without anyone attesting to the individuals' ability to pay and that raises serious constitutional issues," said Talbot "Sandy" D'Alemberte, a constitutional law expert, past president of the American Bar Association and past president of Florida State University.
In order to remedy the situation and provide a better collection process, the report recommends that the courts focus on those who have the ability to pay, stop the suspension of licenses and stop the arrest and jailing of people who don't appear in court.
Though Wednesday's press conference was timed to coincide with the middle of the legislative session, there are no bills before either House or Senate that address the "cash register justice" issue.
John Hinds can be reached at JHinds1949@aol.com or by calling 850-727-0859.
