Traffic Collection Challenges

Douglas Isabelle
Director of Court Services,
Florida Association of Court Clerks
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We recommend “that the Corporation identify what
collection methods that work best, under what
conditions, and in what combinations. Given the
large amount of potential funds that can be
collected to help fund the state courts system, the
Corporation should initially focus on helping clerks
identify options for improving civil traffic
collections.”
“The Corporation should report its findings to the
clerks and develop technical assistance programs
to help ensure successful implementation.”
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Reviewed processes for14 counties—large,
medium, small
Reviewed over 2,000 traffic citations filed
with the Clerk in July 2006
Reviewed collection research studies
Researched other states traffic procedures
Reviewed DHSMV Uniform Citation and
Disposition Annual Reports
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FY 2007-2008 Traffic Assessments--$469m.
3% increase in traffic collections could result
an additional--$14m.
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Many factors impact collections, it is difficult to
isolate any particular factor that “if” fixed or
changed will result in increased collections.
Some factors are subtle while others are obvious
and measureable and may result in increased
collection.
This study is not exhaustive and does not include
costs of processing cases and/or enforcement
actions. Also, this study does not review DHSMV
procedures or those of the collection agents.

“The Hand Dealt”
◦ Revenues that could potentially be collected are impacted by the law
enforcement agencies. “They write the tickets.”
◦ Florida Statutes and Judicial discretion provide for revenue adjustments.
 Proofs, discharged/waived, traffic school, community service
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“Playing the Hand”
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Payment options and payment conveniences facilitates collections.
Payments made within 30 days of issuance performance increased
Extensions increase non-payment
Court-time impacts collections
Criminal Companion cases impact collections
Timeliness of case processing impacts collections
Use of collection agents increases collections
Driving without a valid and/or revoked license may need stronger
enforcement methods.
“Knowing when to hold or fold”
◦ Resources, time and money are keys to success.

From 2003 through 2007 the number of
traffic tickets issued (civil and criminal)
increased by 21%. From 4.3 m. to 5.2 m.
◦ Criminal citations increased 16%
◦ Civil citations (moving and non-moving increased 21%)
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Not all counties experienced an increase
during this time period in traffic tickets.
◦ For example, Madison County saw a 40% decrease in the
number of tickets issued during this time-period from
15,527 in 2003 to 9,322 in 2007
FHP
PD
Sheriff
Other
42%
34%
22%
2%
Small
64%
17%
18%
1%
Medium
32%
44%
23%
1%
Large
18%
49%
32%
2%
State
Madison County
Example
% of Traffic Tickets
Issued 2003
% of Traffic Tickets
Issued 2007
FHP
46%
77%
PD
5%
7%
Sheriff
45%
8%
Other
4%
7%
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Speeding, running red light, not wearing seat
belt, etc. various amount authorized in
statues.
◦ Average Assessment in study group $124.50
 Range $104.75 to $160.75
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Moving citations vs. non-moving violations
◦ Average Statewide 63% moving 37% non-moving
 Range Dade 58% moving 42% non-moving
 Range Madison 87% moving 13% non-moving
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Law Enforcement agencies establish the
potential revenues.
◦ The number of law enforcement officers patrolling
the state road system equates to the number of
tickets written.
◦ The law enforcement officers also issue the type of
ticket(s)… speeding, running red light, driving
without a valid license.
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Less drivers on the roads results in less
tickets written.
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Traffic Assessments reported to CCOC
◦ FY 2006-2007 estimated $392 m.
◦ FY 2007-2008 estimated $469 m.
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Statutes authorize reductions:
◦ For example, proof of insurance and/or complete
defensive driving school
 Estimated reduction in assessments FY06-07 $2.23m.
 Sample counties equates to approx. 3% of assessments
reduced.
◦ For example, perform community service in lieu of
payment
 Estimated reduction in assessments FY06-07 $201,000.
 Sample counties equates to less than 1% of assessments reduced.
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Judicial discretion
◦ FY 2006-2007 total discharged and/or waived was $16.9 m.
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What more can Clerks do to provide convenience to pay? Look at the
customers (paying and non-paying)
◦ Clerks doing a good job accepting multiple types of payments:
 Credit card, western union, personal checks, cash, money orders;
◦ How accepted?
 Mail, electronic, walk-in
Some Clerks are providing additional conveniences
◦ Extending walk-in opportunities by contracting with banks.
◦ Extending mail-in via lock-box (bank that accepts payments, processes
payment for the clerk)
◦ Improvements to website payments, not all websites are made equal.
◦ Providing credit cards option at the county jail.
◦ Developing phone payment notification systems.
◦ Developing self payment terminals
◦ Notification letters/postcards prior to D6 notification to state and/or prior
to transmitting case to collection agents.
◦ Reinstating a suspended and/or revoked license while on a payment plan
(aka—lay-away program).
Citation
Issued
Must be paid by
Day 30
Day 1
By Day 31 =
Delinquent
Clerk sends delinquency
notice to State of Florida: can
suspend driver’s license if
not paid in 20 days = Day 51
If unpaid after another 89 days (Day 120 since
delinquency declared), Clerk can send the case to a
Collection Agent.
TYPICAL PAYMENT TIMELINE FROM DAY 1
Citation
Day 1
Payment Due:
Day 30
Delinquency: To State:
Day 31
Day 31
To Coll. Agent:
Day 151
Avg. # Days
from
Citation
Issued to
Paid
30-Day
Collection Rate
60-Day
Collection
Rate
Annual Collection
Rate (90%)
Counties
(Meeting
54 days
20%
60%
93%
Counties
(NOT Meeting
92 days
15%
45%
87%
Collection Std.)
Collection
Standard)
Statewide
Avg. # of Days
from Citation
Issued to Filed
With Clerks
Avg. # of Days
from Citation
Issued to Filed
With Clerks
Avg. # of Days
from Citation
Issued to Filed
With Clerks
Avg. # of Days
from Citation
Issued to Filed
With Clerks
Counties
(Meeting Collection
6 days
7 days
6 days
4 days
Counties
(NOT Meeting
9 days
10 days
9 days
6 days
Std.)
Collection
Standard)
(FHP)
(Sheriffs)
(Police)
5-year avg.
(2003-2007)
Disposed
Violations
5-year avg.
(2003-2007)
Pending
Violations
82%
18%
County A
(meeting collection stds.)
90%
10%
County B
(not meeting collection stds.)
79%
21%
Example
State
Citations That
Paid
Avg. Number of Weeks
Extended
Citations that Have
Not Paid
Avg. Number of Weeks
Extended
Counties
(Meeting Collection Std.)
2 weeks
4 weeks
Counties
(NOT Meeting
Collection Std.)
6 weeks
16 weeks
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Traffic Court Rules 6.130 “case consolidation”
◦ When a defendant is cited for the commission of both a criminal and a civil
traffic violation, or both a civil traffic infraction requiring a mandatory
hearing and a civil traffic infraction not requiring a hearing the cases may
be heard simultaneously if they arose out of the same set of facts.
◦ Prior to the date of the scheduled hearing or trial, a defendant may
dispose of any non mandatory civil traffic infraction in the manner
provided rules and s. 318.14, F.S.
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In some counties the one case is dismissed by the courts and
the second case is heard.
◦ For example, 47% of the unpaid cases in one county had a companion case
dismissed by the courts. The result is lost revenues on the case
dismissed.
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In other counties companion cases are not dismissed
resulting in potential additional revenues.
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Difficult to play the hand when appears not all playing by
same rules.
◦ Administrative Orders:
 2 weeks to 90 days
 Frequency varies: one time to more than 6 times
 Extensions based on amount of the ticket.
 Extensions to all cases regardless of need
 Case-by-case (call-in)
 By judge vs. traffic court division
◦ Written and/or verbal (old and new)
To discourage extensions may want to consider assessing a
fee to cover expenses preparing case for court.
% of Cases
Issued D-6
Notice To
DHSMV
Avg. # of Days
from Due Date
to D-6 Notice
Avg. # of Days
from Due Date
to Collection
Agent
Counties
(Meeting Collection
Std.)
60%
5 days
(range 3– 9)
112 days
(range 105-120)
Counties
(NOT Meeting
Collection Std.)
70%
9 days
(range 4–15)
220 days
(range 114-289)
$200
$183.7
Revenues in Millions
$180
$160
$140
$120
$118.5
Total Revenues Due
$100
Total Revenues Collected
$80
$60
$40
$36.0
$25.6
$20
$FY 2005-2006
FY 2006-2007
5-Year
Increase in
the # of DL
suspensions
and/or
revoked DL’s
D-6 Notice
to DHSMV
Remitted
Case to
Collection
Agent
Collection
Rate
(Cases)
(estimates)
Counties
(Meeting
Collection Std.)
22%
100%
100%
10%
Counties
(NOT Meeting
Collection Std.)
49%
100%
100%
10%
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For example in one small county:
◦ 4 people accounted for over 50% of unpaid
collections did not have a valid and/or revoked
license.
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For example in one large county:
◦ 50% of cases cited for no valid and/or revoked DL
had at least three D-6 notices for non-payment of
traffic fines for other citations.
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For example in one medium county:
◦ Many of the unpaid cases are university students.
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Studies show that more coercive enforcement
actions are used to collect outstanding
governmental fines and fees by state
agencies and local agencies outside of Florida
◦ Examples of enforcement
 “booting cars”
 Garnishing wages
 Suspending city services (utilities and libraries)
 Suspending college registration and college diplomas
 Early payoff discounts
 Interest on out-standing debt.
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Would take additional resources to implement.
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In many counties collections is part of other case
processing duties because of resource constraints.
 Large counties (e.g. Orange, Collection Program, dedicated
staff to collections.)
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Case processing automation and reporting needs
updating.
 Counties need to develop systems that are not labor
intensive. For example, in Pinellas, D-6 notice issued within
a day of delinquency due to automation.
 Counties need to investigate their clientele. For example,
Orange identified the need to extend their office up the I-4
corridor using AMSCOT. Lee and Brevard counties have also
taken steps to facilitate payment options.
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Knowing clientele important to develop collection
strategies takes time and monies.
 For example, Escambia 20% of their unpaid cases are located
in one zip code (32506).
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Makes good business sense to invest
resources—time and money to collect court
revenues because it impacts clerk budgets
and state general revenues.
The CCOC may want to consider obtaining
additional funding authority to invest in Clerk
offices to assist in increasing collections.
Private sector performance is return on
investment (ROI).
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Ongoing:
◦ Developed a Collections Best Practice
 Changes have occurred during and after site visits.
◦ Developed a Best Practice Website
◦ In the process of developing a Sharing Corner
◦ Conducting Process Improvement Training
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Short-term
◦ Complete site reviews
◦ Report to CCOC with suggestions early 2009.