WHEREAS, the Clerks of Court are statutorily required to accept checks, drafts and other forms of payment for civil traffic citations, criminal fines and costs, and
WHEREAS, such payments are sometimes dishonored by financial institutions after receipt due to insufficient funds, stop payment orders, or other such reasons, and
WHEREAS, the effect of such actions by financial institutions is non-payment of the civil penalty, fine, or cost, and
WHEREAS, although the Clerks of Court secure information required pursuant to Ch. 832, Florida Statutes, payments so dishonored may or may not be recoverable, and the time elapsed between actions taken by financial institutions and recovery of payments may be lengthy;
NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that the Clerks of Court in and for Flagler, Putnam, St. Johns and Volusia counties are authorized to classify payments made to their Fine and Forfeiture fund which have been dishonored by financial institutions as “Non-payment of Penalty, Fine or Cost.” Upon receipt of such a notice from a financial institution, the Clerks are authorized to reverse the corresponding payment and to take appropriate actions as if the payment in question had never been tendered.
IT IS FURTHER ORDERED that upon a reversal such as that mentioned above, the Clerks of Court are not precluded from attempting other forms of recovery as outlined in Ch. 832, Florida Statutes.
TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, FL this 30th day of June 2017.
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