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Consideration of Request to Forgive or Compromise Two Outstanding Civil Restitution Lien Orders Filed Against Kelly Ane Totten
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BRIEF OVERVIEW
On April 13, 2018 and October 12, 2018, two Civil Restitution Lien Orders (CRLO’s) were recorded against Kelly Ane Totten in Official Records Book 3573, Page 578 and Book 3632, Page 678 respectively, stemming from Criminal Case No. 16002397CRAXMX for two counts of Possession of a Controlled Substance (a third-degree felony) and Resisting Arrest without Violence (a first-degree misdemeanor). The current amount due for both liens, including accrued interest as allowed by Florida law and recording costs, is $20,258.71. The breakdown of the total due is as follows:
Book/Page Amount Interest Recording Total
CRLO 1 3573/578 $2,100 $1,018.55 $10.00 $3,128.55
CRLO 2 3632/678 $12,000 $5,120.16 $10.00 $17,130.16
$20,258.71 Current Total Due
Ms. Totten submitted the attached email requesting that (a) the Board allow her to make payments towards the principal of $2,100.00 for CRLO 1 with all accrued and future interest and costs forgiven, and (b) that the Board accept a payment of 10% ($1,200.00) of the $12,000.000 principal due for CRLO 2 with the remaining balance of $10,800 along with all accrued interest and costs, be forgiven because of financial hardship.
Should the Board vote to grant the request, the County Attorney’s Office will sign and record the attached Discharge of Civil Restitution Lien Order for CRLO 2. Once payment is made of the $2,100 in principal due for CRLO 1, the County Attorney’s Office will prepare, sign and record a second Discharge of Civil Restitution Lien Order. The Clerk’s Finance Division will be directed in both cases to issue Ms. Totten U.S. Internal Revenue Service Form 1099 in the amounts forgiven as cancellation of a debt.
Neither the Board nor staff will need to take any further action should the vote be to deny the request for forgiveness.
FINANCIAL IMPACT
The financial impact would be the potential future collection of the liens by forgiving and canceling the outstanding amounts due, depending on the decision.
LEGAL NOTE
The Board has authority to act on this matter pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
The County Attorney’s Office makes no recommendation. This agenda item presents purely a public policy matter, and the Board should determine whether or not it wishes to approve the request with the terms outlined above.