Hernando County, FL Banner Image
File #: 13632   
Type: Agenda Item Status: Agenda Ready
File created: 1/31/2024 In control: Board of County Commissioners
On agenda: 2/13/2024 Final action:
Enactment date: Enactment #:
Title: Consideration of Community Service Agreement to Compromise Outstanding Civil Restitution Lien Order Filed Against Timothy David Martin
Attachments: 1. Martin Request for Forgiveness, 2. Martin Civil Restitution Lien Order, 3. Martin 2011-CF-1793 Docket, 4. Martin Hernando County Court Activity, 5. Martin Amended Affidavit Violation of Probation, 6. Martin Order Denying Motion to Convert CRLO, 7. Martin Interest Calculation, 8. CRLO Discharge in Full, 9. Timothy Martin Community Service Agreement, 10. Email Correspondence With Timothy Martin, 11. Exhibit of Civil Restitution Lien Order Forgiveness Email Correspondence from Timothy Martin, 12. Approved Consideration of Community Service Agreement to Compromise Outstanding Civil Restitution Lien Order Filed Against Timothy David Martin
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Consideration of Community Service Agreement to Compromise Outstanding Civil Restitution Lien Order Filed Against Timothy David Martin

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BRIEF OVERVIEW
On September 7, 2012, a Civil Restitution Lien Order (CRLO) was recorded in Book 2933, Page 74 of the Official Records of Hernando County, Florida against Timothy David Martin. Said lien was in the amount of $9,000.00 and has been accruing judgment interest pursuant to Florida law since that time. The total principal and accrued interest as of December 31, 2023 was $13,854.98.

On November 3, 2023, Mr. Martin asked that the CRLO be forgiven, including all accrued interest because of financial hardship. Additionally, he stated that he cannot register to vote as a convicted felon because the CRLO has not been paid. In researching the request, it was discovered that the CRLO stems from Mr. Martin's violation of his probation for the offense of Grand Theft from a Dwelling. His repeated petitions to the Court to convert the state mandated CRLO to community service hours were all denied.

On December 12, 2023, the Board directed staff to confirm the statutorily mandated hourly conversion rate for community service hours and prepare an agreement for Mr. Martin's consideration. Pursuant to 938.30(2) and 318.18(8), Fla, Stat., and 29 U.S.C. 206(a)(1), the hourly conversion rate is $7.25. Mr. Martin must therefore perform 1,241 community service hours within 155 weeks (roughly 8 hours per week) to satisfy the principal under the CRLO. An agreement was prepared incorporating this information and, at the request of Staff, specifying that the community service be performed at Hernando County Animal Services. Mr. Martin does not agree with those terms and has requested that the conversion rate instead be $10 per hour. Additionally, he would prefer to perform the community service somewhere closer to his home in Spring Hill, Florida.

At this time, the Board should consider the proposed agreement ...

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