The public defense group of the American Bar Association released a new report this month critical of how Florida treats indigent defendants facing low-level charges.
February 19, 2024 Top Legal News of the Week
Report criticizes how Florida courts treat some offenders
The report, which was issued by the Standing Committee on Legal Aid and Indigent Defense (SCLAID), found the Florida court system too often assesses fines and fees that indigent defenders cannot afford. As a result, the individuals are frequently jailed for their inability to pay. It specifically criticized state officials for ignoring the “Ten Guidelines on Court Fines and Fees” adopted by the ABA in 2018 and urges Florida state and court leaders to revise court procedures “consistent with ABA policy.”
Recommendations include eliminating harmful fees, reducing the use of bench warrants and permitting alternative payments that fully consider the individual circumstances of each defendant.
Specific shortcomings cited in the report include:
- Florida courts assess a wide variety of fees, not just upon conviction, but also through pretrial conditions and diversion programs. Most of these are “user fees,” which charge defendants for administrative court costs, contrary to ABA guidelines.
- Florida rules do not provide for timely assessment of a defendant’s ability to pay, nor do they provide courts opportunities to reduce or waive fees based on substantial hardship.
- State law allows courts to assess significant additional fees on people who cannot pay their fines and fees immediately, meaning the poor pay more and often face criminal justice consequences based on their debt.
The report determined the most common consequence of the failure to pay in Florida is driver’s license suspension, with more than 700,000 Floridians losing licenses for unpaid fines and fees. It said this arrangement places a burden on the working poor and clogs the courts with cases in which individuals are charged with driving with suspended licenses.
The report is part of a national initiative to address pretrial justice issues and draws from observations and research over four years focused on the misdemeanor courts in Florida’s 2nd and 11th Judicial Circuits. It notes that the findings have not been reviewed or approved by the ABA House of Delegates or the Board of Governors and should not be construed as representing the position of either.