20260519 CM Johnson Noticed Meeting Regarding Court Costs and Filing Fees for Ordinance Violations

20260519 CM Johnson Noticed Meeting Regarding Court Costs and Filing Fees for Ordinance Violations — May 19, 2026

>> This is the meeting of about the regulatory enforcement fees and court costs. We'll start with introductions to my right. >> Good afternoon. Cherry p# # Office of General Counsel. Stick hair. Her council auditors office. >> And Johnson, City Council district, 14 of charity. And we're talking about 2026, 3, 1, 8, And Gerri, if you could give us an just an overview of what the ordinance is, I do put together. Look you in a sheet. The kind of speaks to what you and I worked on together. And anybody's interested, I do have a briefing of the bill. So we know what it does and what planes. But if you could speak to that, please. >> 26 tree. 18 seeks to make a few changes too. Section 609 0.1 0, 9, And as well as 6.34 Chapter 6.34 Primarily and the won of Chapter 609. There's a list of fines costs currently. That are assessed when either of agencies, you know, when you file a citation with the clerk of court. And there is a trial. And there is in favor of the city many times. And it's in favor of the city. And the court will s s normally it's the $250 fine. Plus $5 in court costs. So this ordinance is actually adding the $10 filing fee because that's that is authorize in the statute. The state law. >> it >> also just makes minor corrective changes. And Chapter 6.34, in Chapter 6.34 Just pretty much almost mirrors the state statute when it comes to these separate court costs to score costs of $40.03, $1. And it specifies, you know where they're going. Teen court, criminal justice forfeit your fun and some of it goes back to the clerk's office essentially pretty much that's in. And in a nutshell, love what this ordinance it pretty much is is about very simple. >> I know that. And Bill, I'm not going to jump around, but I do want to make sure this is pretty quick. That's what we want everyone to be here. So if there any questions that we're all on the same page, if at all possible to I know I'm scare the auditors office had some questions and issues so that we can move this Florida, which is why deferred the bill at the last meeting? Could you kind of give me Can we get some of questions answered? And then I had some questions well about where does the money go? And we MAY not be a dancer, but at least we know the questions that empowers us to make sure this legislation passes successfully. >> Our questions really had to do mainly with the $10 filing fee that's being added to our our code. We reached out to the clerk of courts office when we read this bill based on information we receive from the clerk of the court, the $10 filing fee is supposed to initially be paid by the city when a case gets filed and that $10 is meant to offset the courts costs in handling the case. So they indicated that currently they are not getting that $10 filing fee when a case is filed with the clerk courts That's kind of the main that's that's the first issue. And then the statute outlines basically what happens in the case based on how the case is resolved, who ends up paying that $10. So if the defendant doesn't contest the charge, they have to pay the $10 and back it's routed back to the city. So our question is basically. How is the $10 going to be budgeted and paid by the city on the front end when the case gets filed and then we want to ensure that when the $10 is paid by the defendant based on the outcome of the case where that $10 gets rowdy, want to make sure that goes to the correct account based on. However, it's determined that that will be budgeted. >> Do we know an answer do you know where the funds go? Or where they come from? Because that's been the question. I have a couple other questions as it relates to that as well. >> I would definitely different to the different agencies because they are receiving the monies went. The payments are made at the tax collector's office or some cases it's made at the clerk of court and there's a designated account number for each agency. In cc the Jfrd bid. So I would definitely deferred to in the 81 chief Gibbs to explain or identify where the money would go. Does anybody know? >> That's the issue that we're dealing with. No one knows where the money goes or where it comes from. The problem is should never be. I'm scared because you are intimately involved with the budget. Shouldn't there be in departments are in at least code enforcement or somewhere a line item that says this is the fund that we are pulling these funds from. >> Yes, 2, the council member. That's when we could be handled the the court filing fee could be budgeted within the individual department could also be budgeted as a non departmental expenditure could be budgeted within the office of General Counsel. There's a couple different ways you could do it. Just it's not being budgeted currently because it's not being paid by the city. >> Is it mandated that it be collected? Based on my understanding of the statute, it is. >> So this is the reason why MAY need to do something a little bit more formal to ensure that, you know, we're working with the clerk of court because we don't have an answer to the question. We're all sitting here and the answer so doesn't exist. Also, my understanding is that $10 needs to be paid for the filing of >> The >> I take the following. The citation must be paid by the city with a citation is filed. If the alleged violator. Does prevail. The city would then have to pay a $40 fee to the court. And my correct and that understanding. >> According to the statute, yes, that's that is required by state law. Absolutely. However. In practice, it is very rare that this city has to pay this because the majority, I would say probably 95 percent or more of the cases. The city has always pretty much been the prevailing party. So this $40 has never been an issue for the city to pay it. But that violated definitely has paid the $40. Plus 8 more dollars and the court cost all of that. >> before we get to that, though, my question is, I mean, regardless of whether we pay it or not, if the law says the city is supposed to pay it, we need to know what fund is coming from. And we did. You know where it's going at least on the city side. So I think that again, that seems to be a question for the clerk of the court, which is not here. So we'll follow up on that. >> The other thing is the. >> Where does can you answer this for me as well? The $10 that a payback to the city if the city prevails. >> And the alleged violator. He if the city prevails and that against the alleged violator and that $10 fine. That is a $10 court costs. Excuse me, that is put to ward. This particular case. Is payback to the city. Where does that go? >> To the council member. My understanding is that it the $10 has just recently started being added to the court orders and it depends on a case-by-case Understanding is each order has a called invoice attached to it, which directs the tax collector on where to deposit the funds. So it depends. So, for example, if it's a code enforcement violation, there's a account associated with that. If it's animal care and protective services, there might be a different account associated with that. So the direction is given to the tax collector's office on that court orders. My understanding. >> Current so that the council auditor will be able to give us the best information so we can make the decision as the council. I understand clearly there's some pause here because the questions that are unanswered, one of the questions that we can put on the record, the need to be answered for use of that. The auditors office can look at this and say we are ok with moving this forward. >> To the council member are questions would be where is the $10 that is supposed to be paid by the city upon filing? Where will that be budgeted in the city's budget? And what's the financial impact of that? And on the second side, where upon the resolution of the case, if the city is to pay the funds, where will those come out of if the defendant is found guilty and they have to pay the $10. Where will back >> And that I've looked through everything and I don't see it and ensure I think it's probably what you said earlier is the fact that we are not that it's not being either collected or put about. And so no one's really looked at it. But if the state law says it needed to care for it, please because you come up us because we don't have or at least to the podium and state your name and the agency. Thank you. >> Hello, I'm Elisa Challen. The product owner of Jack's epic switches are permitting software. So I cannot speak to what should be happening or what will be happening. But I can explain on a very small level where the money has been going. But again, nothing about where it should go, where it has been going on the building code enforcement side. Again, this doesn't touch. Yes, we'll code compliance or jfrd other agencies. But on the building, code enforcement side for many years, there has been the $5 court cost that has been added to invoices by the Jackson picks permitting system. And that is paid by the defendant. And that money goes to the building. Code Enforcement Fund under the building inspections, Division of Public Works. I think there are a lot of questions about where the money should go and who can. How the money will come in leave and then be reimbursed because that system hasn't been implemented. The filing fee hasn't been implemented at all. Sohu that will belong to when there are multiple different agencies and departments that work with the clerk of court, I think is why there's so many questions. But that's what's been happening with that. Excuse me, with the court cost with the filing fee. That's completely unknown. And I think everyone's kind open to direction with how that should work. >> I'm kind of glad that the I thank you for that. Thank you so much by the auditor. Kind of caught this because it so we can actually make sure that substantive. The other question trust that is there it? Is it possible the auditor? Because what I'm looking at now, a guided the work that I could are there other besides the 2 recommendations you made now, which we need to get the answers to which we will, what are the is there? Litany of as was just shared, played things like where it should go was recommended to me, just thinking with conventional wisdom that jfrd that has the infraction that was filed. Those funds should go to Jfrd and so My correct in that assumption. >> To the council member, that's a policy decision there's a number of ways it could be handled, but that that would make sense. I would like anybody to put it in writing just to to requests. I'd like for the auditors office to give us a list of recommendations. >> As to where these things need to go. If they aren't going there, as was said earlier because I think we should get to the bottom of this granite. We are huge city. There's a lot going on. But when we see issues like this, we've got to fix them We're digging into this so that when we do have as we grow. People, you know, that's coming up. We have to spend these you know, where they're coming from and where they're going. I wanted to also put on the record. He one of the things I am sharing because this is a little one of the reasons it's so confusing. That's because the tax collector's office knows something. The clerk of the court knows something Co compliance, know something and it's all over the place. Nobody knows the same thing. And so I'm hoping that will be able to create the space for that. And also, I want to say this is not. Revenue collecting. This is not for revenues is not about revenue. It's just about compliance and clarity. This is something that has already put about on the state level. But the fact is we haven't made the the correlation with our local code to ensure that matches the state statute. And that is causing confusion, which could, in essence, even a defendant challenges it could cause issues in court with the court case or the compliance issues. So I want to make sure that we're doing what we need to do to make sure it works. Are there any other suggestions from the general counsel side that we need to? Obviously we'll wait for that memo from the underside any other suggestions from general counsel. >> Agreed. We can wait for the recommendations from Auditor Council auditors office. >> That also. >> Based on what ms Child has stated that these funds are indeed coming back to that him. Please correct me if I'm wrong. But these funds are indeed coming back to these various agencies when a defendant pays the fine in the court costs. And so if it, you know, if you want to just keep it there in their accounts and then perhaps create that. Account for that in the $10 filing fee, maybe you just want to keep his they are the general fund. So that would just be a just little suggestion to keep it in-house any each separate that we you know, what was paid for Jfrd, which violation was 4 him ccd and which violation was 4 ccdi know consumer Affairs is here as well. And I understand landscape. A landscape. They also issue citations as well. >> Lisa Chau again. I just wanted to clarify. I do agree that if you put everything in one bucket, it's going to lose the context of how it got there. So that's something to think about and has a little bit of clarification. Part of the reason that there was this confusion. I do know that up until last year, the city had no way of actually getting funds from the city to the clerk of court. And that was a discussion that happened last year. They got on the same page with using the same financial system with a minute. >> I'm sorry to interrupt up until last year. >> sure only of the contacts from development services and public works. But is my understanding that is correct. Trista. I'm sure there were a higher level ways but on the on state in the statute that up question. >> Of those fine do need to stay with the clerk of court. A portion of and I and I think it was 10%. But statute does say that a portion of the 5 pick and that's for the clerk performing court related functions. 10% of the total amount of the fines. Hey, to each municipality shall be retained by the clerk of court into that and to be deposited into the clerk's find in forfeiture funds. So that part is cool. But what she was saying is that up until last year. >> None of the funds were even come into the city. They were sitting with the court clerk, know the opposite. We were provided taking well, maybe on both sides. I think if we were creating the invoice we were taking money that you go to the clerk of court, it was staying with the city and if they were paying at the clerk of court and the clerk of Court created invoice listings and over But now we're good. We're getting there. Trista, do you know anything you're the year and you ok? This is getting interesting because these are things that I don't think any of us knew. And if that's happening, there could be some fun sitting somewhere. That's just accruing when we need sidewalks on Collins road. I'm just saying they're just stuff that needs to happen in the community. Ok? Well, thank you for that. I'm sorry that the clerk's office was not here, but I will do my part personally to ensure. >> I know I reached out kept everybody in the at nauseum to ensure that they were informed. And we met with you as well. And thank you for the work you've done for the counsel's office so we can get those 2 questions answered, though that gets the auditor. What you need to move forward on this bill. The work to do that. Any other comments from the audience, anything that we need to know or share or recommendations that you have about this. And we've got a lot of agencies here from the city and I want to make sure that you have what you need so you can do your jobs. And I'm so thankful for all of the work that you do to keep our city running. But little things like this can certainly do. Well, that's any recommendations. Please feel free. That's good. Well, if no further ado that is even shorter 20 minutes try to get us out in 30 minutes, we are hoping to have this information back. I have deferred this bill for it for this cycle. Depending on when we get the information back, I look forward to your meme. All that, of course, the information from the clerk's office and you and on the council side can and see for the general counsel's office. Is there something else we need to put in? Please feel free for those in your agency's be sixes. Take this back to the agency. Heads or whomever and your teams to let me know, feel free to email me directly or cherry. I mean, there's a whole email trail going around, but neither one of us. E-mail and let us know. Hey, this is something that would make the stronger and better so that when we do this, I don't like to do like baked pieces. The legislation I want to make sure that as much as I can put in here. Comprehensive so that you have what you need to do, your jobs. Well, if not any further ado, we got 10 minutes early and we will call this meeting adjourned at no public comment, right? Andrew? Make sure any public comment. All right. No public comment. We will call this meeting, adjourned it to 20. Thank you all for coming. It is too