SARASOTA – Advocacy groups are challenging the Sarasota Clerk of Court after small, unpaid fines have left nearly 2,000 Sarasota residents with suspended licenses.
The Southern Legal Counsel and ACLU of Florida have filed a suit against Karen Rushing, the Sarasota Clerk of Court for suspending nearly 2,000 licenses in Sarasota County for failure to pay costs and fines related to non-criminal municipal or county ordinance violations.
“The costs being assessed in the driver’s license suspensions that results for not paying those costs are specifically, by statue only apply to criminal violations since ordinance violations are non-criminal by definition in Florida Statue,” said Attorney at Southern Legal Counsel, Chelsea Dunn.
In other words, people who cannot pay the fines for non-traffic violations are having their licenses suspended until they pay up. Statewide data, through the Florida Department of Highway safety and Motor Vehicles showed license suspensions for more than 10,000 drivers in 30 counties. Prompting The Southern Legal Counsel and ACLU of Florida to reach out to the courts letting them know there was no lawful authority for the suspensions.
“25 of those 30 clerks agreed, and in response to that agreed that those suspensions should be lifted, and are no longer suspending license for failure to pay fines and fees,” said Staff Attorney for ACLU of Florida, Jacqueline Azis.
However, the Sarasota County Clerk of Court refused to lift the suspensions
“We know of at least 1,800 license suspensions that have occurred in Sarasota County,” said Azis.
The advocacy groups say nearly a third of those affected in Sarasota County individuals experiencing homelessness. Or in army veteran, Stacy Ostolaza’s case, being held back for less than 300 in fines and fees. Who is just trying to make ends meet while caring for his father who is battling cancer.
“He received a civil citation for open container, and yet the clerk’s office has suspended his driver’s license under criminal financial obligations suspension, which once again is not connected to traffic safety and is not criminal,” said Dunn.
“Unfortunately without a driver’s license, it is very hard for individuals in this state to get around and that could impact and it does impact people’s ability to get a job,” said Azis.
The advocacy groups are asking the Court to issue a writ of quo warrant to, which would require Rushing, in her capacity of Clerk of Court and Comptroller for Sarasota County, to appear before the Court and show by what legal authority she claims to properly suspend driver’s licenses for non-payment of court costs, fines, and fees associated with municipal/county ordinance violations.
Rushing, the Clerk of Courts, sent this statement to SNN Monday evening: “Florida law authorizes the clerk to send notice to the DHSMV when a driver does not pay their financial obligations for a criminal offense. Florida law also supports that local ordinances that are punishable by jail time are criminal in nature. The offense in question was for a violation of a local ordinance that is punishable by jail time and is considered criminal in nature. The Clerk of Court does not have the authority to determine whose license should be suspended. Therefore, in this instance, the clerk met its obligation in sending appropriate notice to the DHSMV of this individual’s failure to pay their financial obligation.”