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As your Clerk of the Court and Comptroller, I feel compelled to clarify statements that Senator Taddeo made during the campaign trail stating if she were elected, “she promised to go beyond waiving collection fees for low-income residents,” – The Miami Times endorsement.
As appealing as Senator Taddeo’s campaign rhetoric was, the reality is that they were both false and deceptive to the voters of our community. As Clerk I am bound by statutory limitations, in other words, I do not and she would not have the unilateral power to waive collection fees, even in cases where the individual may be experiencing financial hardship. Florida Statute §28.246, states that collection fees of up to 40% must be added to unpaid parking and traffic fines and other court related costs if they remain outstanding after 90 days. These fees are imposed automatically once the debt is referred to a collection agency.
I have little discretion once fines have automatically entered the collection phase. While we are responsible by law for the administration of payments and the referral of unpaid debts to collection agencies, my authority is restricted by the legislation governing their office. The addition of collection fees is not optional or subject to local discretion. Instead, the only recourse available for someone unable to pay their fines is to seek a legal designation as “indigent.”
The Real Path to Relief: Indigent Status
If low-income individuals in our community are unable to pay, the actual process for waiving or reducing fees involves applying for civil indigent status through my office. The application requires individuals to provide proof of their financial situation—income, assets, and liabilities must all be disclosed, and my clerks determine whether someone qualifies as indigent under Florida law.
If the clerk finds that an applicant meets the threshold for indigence, some fees may be waived. However, this designation does not automatically wipe out the full range of penalties or accrued collection fees.
Senator Taddeo’s idea of blanket fee waivers ignored this complex reality. It overlooked the fact that clerks are not lawmakers and that without legislative changes, they are legally obligated to uphold the statutes that require the imposition of these collection fees.
Her reckless and failed campaign promises to the most vulnerable of our community, mislead many residents of Miami-Dade County and the limits of local clerks’ authority and the actual process by which such relief can be granted.
Exceptions
There are two notable initiatives where I, as your Clerk of the Court, have the ability to assist low income residents and everyday citizens. First is Operation Green Light – initiative which has offered financial relief for thousands of our residents. This initiative, which is required at least once a year by Florida Statute §322.75, allows my office to host a driver’s license reinstatement event. During this event, certain fees—such as collection fees — be waived to our residents to regain their driving privileges. Secondly, is the creation of payment plans online where everyday customers can establish reasonable monthly payments to satisfy any outstanding criminal, misdemeanor and traffic fines and fees.
Since day one, I have been fully committed to serving our community with integrity and transparency. The trust placed in me by the residents of Miami-Dade County on November 5th is a clear reflection of the progress we’ve made together. In just 16 months, my office has enrolled over 16,037 customers in payment plans, launched an online property fraud alert system, saved over $4.5 million in collection fees for residents, and reinstated thousands of driver’s licenses. My team and I are excited to continue this important work and are actively exploring avenues to enhance our services. While challenges lie ahead, I pledge to always be truthful about what can and cannot be achieved through my office.
Juan Fernandez-Barquin, Esq.
Clerk of the Court and Comptroller
Miami Dade County
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