COLLECTION OF DELINQUENT BILLS OR COURT-RELATED FINANCIAL OBLIGATIONS

Jacksonville Ordinance Code tit. V, ch. 112, pt. 1

in effect

Jacksonville Ordinance Code § 112.101 Definitions.

Sec. 112.101. - Definitions. For the purposes of this Chapter: (a) Bill means a written statement for any moneys due or claimed to be due to the City. (b) Court-related financial obligation means any fine, court cost, fee, civil penalty or other obligation imposed by the Circuit or County Court which remains unpaid at the time collection efforts are instituted. (c) Responsible billing official means the person or persons designated by the Director of Finance and Administration or the originating department to handle the billing process. (d) Revenue Manager means the person or persons designated by the Director of Finance and Administration to handle the accounts receivable of the City. (e) An undisputed bill or claim means a bill or claim held against parties who are solvent and responsible and where no controversy exists in regards to the validity and binding effect of the indebtedness. (f) A disputed bill or claim means a bill or claim held against parties who are insolvent, or where controversy exists in regards to the validity and binding effect of the indebtedness or where the debtor is not able to pay the full amount and the City is not able to enforce full payment. (g) Delinquent bill or claim means a bill or claim referred to the Revenue Manager for collection after completion of the billing process. (h) Uncollectible account means a minor bill, claim or judgment that has been through the complete internal billing, collection process and/or settlement process and referral to a collection agency, General Counsel and/or internal collection process and whose collection is not further justified or cost effective. (i) Minor uncollectible account means a bill, claim or judgment under $1,000 that has been through the complete billing and internal collection process and whose referral to a collection agency is not further justified or cost effective. (j) Lien shall mean a nuisance abatement or demolition lien imposed by the City upon real property due to the costs incurred by the City to terminate a public nuisance as set forth and described in Sections 518.209, 518.210 and 518.306, Ordinance Code. (Ord. 72-647-376, § 1; Ord. 79-585-506, § 1; Ord. 82-445-199, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2001-445-E, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16; Ord. 2016-766-E, § 2)

Jacksonville Ordinance Code § 112.102 Billing process.

Sec. 112.102. - Billing process. (a) It shall be the duty of each department, division, office or board rendering services for which money is due to the City or suffering damages which may be claimed by the City to furnish the responsible billing official promptly, with all due diligence and in accordance with the directives promulgated by the Director of Finance and Administration, the relevant and material information for the preparation of the bill and to assist the Revenue Manager in the collection process or the referral to the risk management program. After receiving such information, the responsible billing official shall prepare and issue a bill after the value of the services rendered by the City has been ascertained or shall refer to the Risk Management Program or Revenue Manager, the damage reports suffered as a consequence of a tort action involving property or other claims by the City or its agencies. The Director of Finance and Administration shall promulgate rules and procedures covering all aspects of the billing and collection process to include the preparation of the billing or damage report, the time and frequency of billing and the collection process as well as any other financial activity related to the accounts receivable process. The responsible billing official shall, within the time specified in the appropriate rule or procedure, refer to the Revenue Manager all disputed bills or claims, and in addition, all doubtful claims and any other bill not paid within the time specified. (b) Each department shall submit a list of all Responsible Billing officials and such other information as required by October 31 of each fiscal year for the current fiscal year to the Director of Finance and Administration or designee. A current list of all Responsible Revenue Protection officials shall be maintained by the department at all times. (Ord. 72-647-376, § 1; Ord. 75-796-398, § 1; Ord. 79-585-506, § 2; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2005-478-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.103 Collection agency contract.

Sec. 112.103. - Collection agency contract. Without regard to the requirements of Part 3, Chapter 126, upon the recommendation of the chairman of the Committee on Finance, the Director of Finance and Administration and the General Counsel, the Mayor, is authorized to enter into a contract on behalf of the City with a collection agency for the collection of uncollected delinquent bills pursuant to this Chapter on a contingent basis and for a percentage of the amount owed, for a fixed fee per invoice or case or any other type of financial arrangement, deemed by those officials to be for the best interest of the City. The collection agency shall have authority to settle a disputed bill, $1,000 or less, with the written approval of the Revenue Manager, provided the settlement is not for less than 50 percent of the original invoice. The collection agency shall comply with all applicable federal, State and local laws governing its behavior. (Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.104 Collection process.

Sec. 112.104. - Collection process. After exhausting all internal collection resources, including, but not limited to, forfeiting of deposit, discontinuance of service when applicable and/or conducting an informal or formal hearing related to a disputed bill, the Revenue Manager shall refer delinquent bills to a collection agency under contract with the City or to the Office of the General Counsel, unless satisfactory collection arrangement has been made between the City and the debtor pursuant to the requirements of this Chapter. The collection agency shall not litigate or compromise any undisputed bills but shall refer all uncollected bills to the Revenue Manager for further processing. All damage reports suffered as a consequence of a tort action involving property or other claims by the City or its agencies and referred to the Risk Management Program or Revenue Manager shall be processed in the manner provided in this Chapter. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2)

Jacksonville Ordinance Code § 112.105 Deposits, advance payments and discontinuance of service.

Sec. 112.105. - Deposits, advance payments and discontinuance of service. It is the policy of the City to require advance payments or deposits for all the City's services when applicable except when public policy dictates otherwise. The Director of Finance and Administration with the approval of the appropriate department head shall promulgate procedures for the establishment of deposits, advance payment or discontinuance of service in order insure the City of compensation for its services, to include any reasonable expense for reconnection or recommencement of service when applicable. The establishment of these procedures shall not preclude the City from recovering by suit in a court having jurisdiction of such claim or from utilizing other lawful methods for collection of delinquent accounts. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.106 Compromised claims.

Sec. 112.106. - Compromised claims. This Chapter shall not authorize an undisputed bill or claim to be compromised for less than its full value. A compromise for a disputed bill or claim shall be made in the manner provided in Section 112.110. (Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2)

Jacksonville Ordinance Code § 112.107 Reserved.

Jacksonville Ordinance Code § 112.108 Applicability.

Sec. 112.108. - Applicability. This Chapter shall not apply to the collection of ad valorem taxes, special assessments which are placed on the tax rolls, fees and charges using non ad valorem assessment procedures, tourist development taxes, public service taxes, occupational license taxes, and fines and liens created pursuant to Chapter 91, Ordinance Code and F.S. Ch. 162. Furthermore, the procedures established by this Chapter for the collection of bills shall be supplemental to and not in lieu of other remedies provided for the collection of bills or for the nonpayment thereof. (Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2006-631-E, § 5)

Jacksonville Ordinance Code § 112.109 Independent agencies requested to use procedures.

Sec. 112.109. - Independent agencies requested to use procedures. Independent agencies of the City are requested to establish similar procedures for the collection of their bills and are authorized to collaborate with the City or utilize the services of the collection agency and the General Counsel in the manner provided herein. (Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 2004-990-E, § 2)

Jacksonville Ordinance Code § 112.110 Collection and Settlement of Delinquent Bills, Claims, Judgments and Liens.

Sec. 112.110. - Collection and Settlement of Delinquent Bills, Claims, Judgments and Liens. The General Counsel may take any action necessary on the referred delinquent bills, claims and judgments rendered in a court in favor of the City or an independent agency utilizing the services of an outside counsel engaged under Section 108.506, as well as employees of the Office of the General Counsel. The funds received as a result of the collection of a delinquent bill, claim or a judgment shall be paid over (a) in the case of the City, into the Treasury, to credit the Delinquent Accounts Receivable Account to reduce the amount of the bill upon which the judgment is based, with any excess credited as miscellaneous receipts; a deficit shall be treated as an administrative write-off under Section 122.111 or (b) in the case of an independent agency, to its treasury as directed by its chief financial officer, in either case without a set-off or reduction of the total amount collected on account of attorney's fees or costs of any nature whatsoever, except as provided in Section 110.217. A delinquent bill, claim, judgment or compromise settlement may be collected in one payment or levy or by multiple payments or levies. A disputed bill, claim or judgment in favor of the City, of which the debtor is not able to pay the full amount and the City is not able to enforce full payment, may be settled for less than the full amount under the following conditions: (a) If the principal and interest amounts of the disputed claim, bill, judgment or lien is less than $1,000, and the Revenue Manager deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, or judgment in a determined amount, the disputed bill or judgment may be settled in such amount. (b) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $1,000 or greater, but less than $5,000, and the Director of Finance and Administration deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, judgment or lien in a determined amount, the disputed bill, judgment or lien may be settled in such amount. (c) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $5,000 or greater, but less than $10,000, and the General Counsel, deems in writing that it is in the best interest of the City to settle the delinquent bill, judgment or lien for a determined amount and with the written approval of the Director of Finance and Administration, the delinquent claim, bill, judgment or lien may be settled for such amount. (d) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $10,000 or greater but less than $100,000, the Mayor shall have authority to settle the delinquent bill, judgment or lien upon written recommendation from the General Counsel for a determined amount, and approval of the Director of Finance and Administration. (e) If the principal amount of the disputed claim, bill, judgment or lien is $100,000 or more, or if settlement of the disputed claim, bill, judgment or lien involves modifying, deciding not to enforce, or rescinding an agreement approved by Council, then the settlement of such disputed claim, bill judgment or lien shall require approval by ordinance or resolution of the Council. (f) As part of every settlement of a dispute entered into by the City, the person executing settlement documents on behalf of the City shall certify, on at least one settlement document, the following: "The undersigned representative of the City of Jacksonville is authorized pursuant to Chapter 112, Part 1, City of Jacksonville Ordinance Code, to settle on terms described in this document." (g) The Director of Finance and Administration shall prepare an annual report of all settled claims, a copy of which shall be provided to the Council Auditor, and provided annually to the City Council Finance Committee at the first City Council Finance committee meeting of the calendar year, and delivered in the manner prescribed in Council Rule 2.214. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16; Ord. 2016-766-E, § 2)

Jacksonville Ordinance Code § 112.111 Write-off of uncollectible accounts.

Sec. 112.111. - Write-off of uncollectible accounts. Disputed bills and judgments shall be written-off as uncollectible under the following conditions: (a) The Director of Finance and Administration, upon recommendation of the Revenue Manager shall be authorized to write-off and treat as uncollectible those minor uncollectible accounts under $1,000 that have been through the billing process, internal collection process, and the referral of which to a collection agency or General Counsel, when applicable, is not justified as cost effective. (b) The Director of Finance and Administration shall, with the written approval of the department head who originated the bill, be authorized to write off delinquent bills or judgments $1,000 or greater but is less than $10,000 that have been through the billing process, the internal collection process, and have been referred to a collection agency or the General Counsel, when applicable, and it is determined the collection effort is no longer justified. (c) When the amount of the delinquent bill or judgment is $10,000 or greater but is less than $100,000, the Mayor shall have authority to write-off the bill or judgment upon favorable written recommendation of General Counsel and either the Director of Finance and Administration or the appropriate department head who originated the bill. (d) When the amount of the delinquent bill or judgment is $100,000 or greater, the Council shall approve all write-offs. (e) The Director of Finance and Administration shall prepare an annual report of all written-off claims, a copy of which shall be provided to the Council Auditor. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.112 Services fees for dishonored checks.

Sec. 112.112. - Services fees for dishonored checks. The Director of Finance and Administration or Tax Collector may adopt the service fee imposed under F.S. §§ 125.0105, 166.251, for the collection of a dishonored check, draft or other order for the payment of money owed to the City. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.113 Supervision, billing and collection of receivables from City's independent agencies.

Sec. 112.113. - Supervision, billing and collection of receivables from City's independent agencies. The Director of Finance and Administration is authorized to enter into contracts for compensation with the City's independent agencies for the supervision, billing or collection of bills or claims pertaining to the City's independent agencies pursuant to this Chapter. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 112.114 Collection of court-related financial obligations.

Sec. 112.114. - Collection of court-related financial obligations. Without regard to the requirements of Part 3, Chapter 126, the Clerk of the Court is authorized to enter into contract(s) with collection agencies for the collection of uncollected court-related financial obligations pursuant to this Chapter on a contingent basis and for a percentage of the amount owed, for a fixed fee per obligation basis, or any other type of financial arrangement, deemed by the Clerk of the Court to be in the best interest of the City. The collection agency shall add on and attempt to recover a collection fee of 40 percent of the amount owed at the time the matter is submitted for collection, which collection fee includes the administrative time of City personnel, any collection agency fees, and any attorneys fees and costs of the City and shall comply with all applicable Federal, State and local laws governing its behavior. The Clerk of the Court shall annually report to the City Council (at the time of submission of the annual budget proposal) regarding the percentage of court-related financial obligations which were collected in the previous fiscal year. (Ord. 2001-445-E, § 2; Ord. 2004-990-E, § 2)

Jacksonville Ordinance Code § 112.115 Recovery of costs of collection.

Sec. 112.115. - Recovery of costs of collection. Pursuant to F.S. § 938.35, the Charter of the City of Jacksonville, and the City of Jacksonville's Home Rule powers, the Director of Finance and Administration, the Office of General Counsel, and any collection agency or attorney retained by the City to collect any fee, fine, cost, service charge, civil penalty, or property damage claim owed to the City, shall add on and attempt to recover a collection fee of 40 percent of the amount owed at the time the matter is submitted for collection, which collection fee includes all administrative time of City personnel, any collection agency fees, and any attorneys fees and costs of the City. A settling authority authorized by Section 112.110, is authorized to compromise and settle all or any portion of this collection fee as may be in the best interests of the City to allow for the highest collection value to the City. (Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH112CLAGCI_PT1CODEBICOLAFIOBFetched: 10/27/2026