Bill Text: FL S1328 | 2020 | Regular Session | Comm Sub
Bill Title: Fines and Fees
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S1328 Detail]
Download: Florida-2020-S1328-Comm_Sub.html
Florida Senate - 2020 CS for SB 1328
By the Committee on Judiciary; and Senator Wright
590-02776-20 20201328c1
1 A bill to be entitled
2 An act relating to fines and fees; amending s. 28.24,
3 F.S.; removing the option for a monthly processing
4 charge for certain payment plans established with the
5 clerk of the circuit court; authorizing certain
6 persons to make partial payments of an existing
7 administrative processing charge; amending s. 28.246
8 F.S.; revising the methods by which the clerk of the
9 circuit court may accept payments for certain fees,
10 charges, costs, and fines; requiring certain persons
11 to apply to the clerk to enroll in a payment plan
12 within a specified timeframe; requiring clerks to
13 coordinate with courts to develop a specified process;
14 providing requirements and court procedures for the
15 payment plan; conforming a cross-reference;
16 authorizing clerks of court to establish multicounty
17 governmental authorities to administer payment plans;
18 amending s. 28.42, F.S.; requiring the clerks of
19 court, in consultation with the Florida Clerks of
20 Court Operations Corporation, to develop a uniform
21 payment plan form by a specified date; providing
22 requirements for such form; requiring clerks of court,
23 beginning on a specified date, to utilize such forms
24 when establishing payment plans; amending s. 318.15,
25 F.S.; expanding requirements for specified orders
26 issued by the Department of Highway Safety and Motor
27 Vehicles to include information related to a person’s
28 option to enter into a certain payment plan; amending
29 s. 318.20, F.S.; requiring that a notification form
30 and the uniform traffic citation include certain
31 information about paying a civil penalty; amending s.
32 322.245, F.S.; expanding requirements for specified
33 notices issued by the clerks of court to the
34 Department of Highway Safety and Motor Vehicles to
35 include information related to a person’s option to
36 enter into a certain payment plan; amending ss. 27.52,
37 34.191, and 57.082, F.S.; conforming cross-references;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (26) of section 28.24, Florida
43 Statutes, is amended to read:
44 28.24 Service charges.—The clerk of the circuit court shall
45 charge for services rendered manually or electronically by the
46 clerk’s office in recording documents and instruments and in
47 performing other specified duties. These charges may not exceed
48 those specified in this section, except as provided in s.
49 28.345.
50 (26)(a) For receiving and disbursing all restitution
51 payments, per payment: 3.50, from which the clerk shall remit
52 0.50 per payment to the Department of Revenue for deposit into
53 the General Revenue Fund.
54 (b) For receiving and disbursing all partial payments,
55 other than restitution payments, for which an administrative
56 processing service charge is not imposed pursuant to s. 28.246,
57 per month...................................................5.00
58 (c) For setting up a payment plan, a one-time
59 administrative processing charge in lieu of a per month charge
60 under paragraph (b)........................................25.00
61 (c) A person may pay the one-time administrative charge in
62 paragraph (b) in no more than five equal monthly payments.
63 Section 2. Present subsections (5) and (6) of section
64 28.246, Florida Statutes, are redesignated as subsections (6)
65 and (7), respectively, a new subsection (5) is added to that
66 section, subsection (4) and present subsection (5) of that
67 section are amended, and subsection (8) is added to that
68 section, to read:
69 28.246 Payment of court-related fines or other monetary
70 penalties, fees, charges, and costs; partial payments;
71 distribution of funds.—
72 (4) Each The clerk of the circuit court shall accept
73 scheduled partial payments for court-related fees, service
74 charges, costs, and fines electronically, by mail, or in person,
75 in accordance with the terms of an established payment plan and
76 shall enroll. an individual seeking to defer payment of fees,
77 service charges, costs, or fines imposed by operation of law or
78 order of the court under any provision of general law shall
79 apply to the clerk for enrollment in a payment plan no later
80 than 30 calendar days after the date the court enters the order
81 assessing fines, service charges, fees, and costs. If the
82 individual is incarcerated, he or she shall apply to the clerk
83 for enrollment in a payment plan within 30 calendar days after
84 release. Each clerk shall coordinate with the court to develop a
85 process in which the individual will meet with the clerk upon
86 sentencing or as soon as thereafter as practical. If the clerk
87 enters shall enter into a payment plan with an individual who
88 the court determines is indigent for costs, the. A monthly
89 payment amount, calculated based upon all fees and all
90 anticipated fines, service charges, fees, and costs, is presumed
91 to correspond to the person’s ability to pay if the amount does
92 not exceed 2 percent of the person’s annual net income, as
93 defined in s. 27.52(1), divided by 12 or $10, whichever is
94 greater. The clerk shall establish all payment plan terms other
95 than the total amount due and the court may review the
96 reasonableness of the payment plan and may, on its own or by
97 petition, waive, modify, or convert the outstanding fees,
98 service charges, costs, or fines to community service if the
99 court determines that the individual is indigent or due to
100 compelling circumstances is unable to comply with the terms of
101 the payment plan.
102 (5) The clerk shall send notice within 5 days to an
103 individual who fails to make a timely payment due under a
104 payment plan. Such notice may be made by mail or electronically.
105 The clerk shall transmit notice to the Department of Highway
106 Safety and Motor Vehicles if any payment due under a payment
107 plan is not received within 30 days after the due date unless
108 the individual makes alternate payment arrangements or enters
109 into a revised payment plan with the clerk before such date.
110 (6)(5) When receiving partial payment of fees, service
111 charges, court costs, and fines, clerks shall distribute funds
112 according to the following order of priority:
113 (a) That portion of fees, service charges, court costs, and
114 fines to be remitted to the state for deposit into the General
115 Revenue Fund.
116 (b) That portion of fees, service charges, court costs, and
117 fines required to be retained by the clerk of the court or
118 deposited into the Clerks of the Court Trust Fund within the
119 Department of Revenue.
120 (c) That portion of fees, service charges, court costs, and
121 fines payable to state trust funds, allocated on a pro rata
122 basis among the various authorized funds if the total collection
123 amount is insufficient to fully fund all such funds as provided
124 by law.
125 (d) That portion of fees, service charges, court costs, and
126 fines payable to counties, municipalities, or other local
127 entities, allocated on a pro rata basis among the various
128 authorized recipients if the total collection amount is
129 insufficient to fully fund all such recipients as provided by
130 law.
131
132 To offset processing costs, clerks shall impose may impose
133 either a per-month service charge pursuant to s. 28.24(26)(b) or
134 a one-time administrative processing service charge at the
135 inception of the payment plan pursuant to s. 28.24(26)(b) s.
136 28.24(26)(c).
137 (8) A clerk of court may establish a multicounty
138 intergovernmental authority pursuant to chapter 163 for the
139 administration of payment plans in the various participating
140 counties.
141 Section 3. Section 28.42, Florida Statutes, is amended to
142 read:
143 28.42 Manual of filing fees, charges, costs, and fines;
144 uniform payment plan forms.—
145 (1) The clerks of court, through their association and in
146 consultation with the Office of the State Courts Administrator,
147 shall prepare and disseminate a manual of filing fees, service
148 charges, costs, and fines imposed pursuant to state law, for
149 each type of action and offense, and classified as mandatory or
150 discretionary. The manual also shall classify the fee, charge,
151 cost, or fine as court-related revenue or noncourt-related
152 revenue. The clerks, through their association, shall
153 disseminate this manual to the chief judge, state attorney,
154 public defender, and court administrator in each circuit and to
155 the clerk of the court in each county. The clerks, through their
156 association and in consultation with the Office of the State
157 Courts Administrator, shall at a minimum update and disseminate
158 this manual on July 1 of each year.
159 (2) By October 1, 2020, the clerks of court, through their
160 association, in consultation with the Florida Clerks of Court
161 Operations Corporation, shall develop a uniform payment plan
162 form for use by persons seeking to establish a payment plan in
163 accordance with s. 28.246. The form shall inform the person
164 about the minimum payment due each month, the term of the plan,
165 acceptable payment methods, and the circumstances under which a
166 case may be sent to collections for nonpayment.
167 (3) Beginning on January 1, 2021, each clerk of the court
168 shall utilize the uniform payment plan form described in
169 subsection (2) when establishing payment plans.
170 Section 4. Paragraph (a) of subsection (1) of section
171 318.15, Florida Statutes, is amended to read:
172 318.15 Failure to comply with civil penalty or to appear;
173 penalty.—
174 (1)(a) If a person fails to comply with the civil penalties
175 provided in s. 318.18 within the time period specified in s.
176 318.14(4), fails to enter into or comply with the terms of a
177 penalty payment plan with the clerk of the court in accordance
178 with ss. 318.14 and 28.246, fails to attend driver improvement
179 school, or fails to appear at a scheduled hearing, the clerk of
180 the court shall notify the Department of Highway Safety and
181 Motor Vehicles of such failure within 10 days after such
182 failure, except as provided herein. Upon receipt of such notice,
183 the department shall immediately issue an order suspending the
184 driver license and privilege to drive of such person effective
185 20 days after the date the order of suspension is mailed in
186 accordance with s. 322.251(1), (2), and (6). The order must also
187 contain information that the person may contact the clerk of the
188 court to establish a payment plan pursuant to s. 28.246(4) to
189 make partial payments for court-related fees, service charges,
190 costs, and fines. Any such suspension of the driving privilege
191 which has not been reinstated, including a similar suspension
192 imposed outside Florida, shall remain on the records of the
193 department for a period of 7 years from the date imposed and
194 shall be removed from the records after the expiration of 7
195 years from the date it is imposed. The department may not accept
196 the resubmission of such suspension.
197 Section 5. Section 318.20, Florida Statutes, is amended to
198 read:
199 318.20 Notification; duties of department.—The department
200 shall prepare a notification form to be appended to, or
201 incorporated as a part of, the Florida uniform traffic citation
202 issued in accordance with s. 316.650. The notification form
203 shall contain language informing persons charged with
204 infractions to which this chapter applies of the procedures
205 available to them under this chapter. Such notification shall
206 contain a statement that, if the official determines that no
207 infraction has been committed, no costs or penalties shall be
208 imposed and any costs or penalties which have been paid shall be
209 returned. A uniform traffic citation that is produced
210 electronically must also include the information required by
211 this section. The notification form and the uniform traffic
212 citation must include information on paying the civil penalty to
213 the clerk of the court.
214 Section 6. Subsection (1) and paragraph (a) of subsection
215 (5) of section 322.245, Florida Statutes, are amended to read:
216 322.245 Suspension of license upon failure of person
217 charged with specified offense under chapter 316, chapter 320,
218 or this chapter to comply with directives ordered by traffic
219 court or upon failure to pay child support in non-IV-D cases as
220 provided in chapter 61 or failure to pay any financial
221 obligation in any other criminal case.—
222 (1) If a person charged with a violation of any of the
223 criminal offenses enumerated in s. 318.17 or with the commission
224 of any offense constituting a misdemeanor under chapter 320 or
225 this chapter fails to comply with all of the directives of the
226 court within the time allotted by the court, the clerk of the
227 traffic court shall mail to the person, at the address specified
228 on the uniform traffic citation, a notice of such failure,
229 notifying him or her that, if he or she does not comply with the
230 directives of the court within 30 days after the date of the
231 notice and pay a delinquency fee of up to $25 to the clerk, from
232 which the clerk shall remit $10 to the Department of Revenue for
233 deposit into the General Revenue Fund, his or her driver license
234 will be suspended. The notice shall be mailed no later than 5
235 days after such failure, except as provided herein. The
236 delinquency fee may be retained by the office of the clerk to
237 defray the operating costs of the office.
238 (5)(a) When the department receives notice from a clerk of
239 the court that a person licensed to operate a motor vehicle in
240 this state under the provisions of this chapter has failed to
241 pay financial obligations for any criminal offense other than
242 those specified in subsection (1), in full or in part under a
243 payment plan pursuant to s. 28.246(4), the department shall
244 suspend the license of the person named in the notice. The
245 notice must also contain information that the person may contact
246 the clerk of the court to establish a payment plan pursuant to
247 s. 28.246(4) to make partial payments for court-related fees,
248 service charges, costs, and fines.
249 Section 7. Paragraph (i) of subsection (5) of section
250 27.52, Florida Statutes, is amended to read:
251 27.52 Determination of indigent status.—
252 (5) INDIGENT FOR COSTS.—A person who is eligible to be
253 represented by a public defender under s. 27.51 but who is
254 represented by private counsel not appointed by the court for a
255 reasonable fee as approved by the court or on a pro bono basis,
256 or who is proceeding pro se, may move the court for a
257 determination that he or she is indigent for costs and eligible
258 for the provision of due process services, as prescribed by ss.
259 29.006 and 29.007, funded by the state.
260 (i) A defendant who is found guilty of a criminal act by a
261 court or jury or enters a plea of guilty or nolo contendere and
262 who received due process services after being found indigent for
263 costs under this subsection is liable for payment of due process
264 costs expended by the state.
265 1. The attorney representing the defendant, or the
266 defendant if he or she is proceeding pro se, shall provide an
267 accounting to the court delineating all costs paid or to be paid
268 by the state within 90 days after disposition of the case
269 notwithstanding any appeals.
270 2. The court shall issue an order determining the amount of
271 all costs paid by the state and any costs for which prepayment
272 was waived under this section or s. 57.081. The clerk shall
273 cause a certified copy of the order to be recorded in the
274 official records of the county, at no cost. The recording
275 constitutes a lien against the person in favor of the state in
276 the county in which the order is recorded. The lien may be
277 enforced in the same manner prescribed in s. 938.29.
278 3. If the attorney or the pro se defendant fails to provide
279 a complete accounting of costs expended by the state and
280 consequently costs are omitted from the lien, the attorney or
281 pro se defendant may not receive reimbursement or any other form
282 of direct or indirect payment for those costs if the state has
283 not paid the costs. The attorney or pro se defendant shall repay
284 the state for those costs if the state has already paid the
285 costs. The clerk of the court may establish a payment plan under
286 s. 28.246 and may charge the attorney or pro se defendant a one
287 time administrative processing charge under s. 28.24(26)(b) s.
288 28.24(26)(c).
289 Section 8. Subsection (1) of section 34.191, Florida
290 Statutes, is amended to read:
291 34.191 Fines and forfeitures; dispositions.—
292 (1) All fines and forfeitures arising from offenses tried
293 in the county court shall be collected and accounted for by the
294 clerk of the court and, other than the charge provided in s.
295 318.1215, disbursed in accordance with ss. 28.2402, 34.045,
296 142.01, and 142.03 and subject to the provisions of s. 28.246(6)
297 and (7) s. 28.246(5) and (6). Notwithstanding the provisions of
298 this section, all fines and forfeitures arising from operation
299 of the provisions of s. 318.1215 shall be disbursed in
300 accordance with that section.
301 Section 9. Subsection (6) of section 57.082, Florida
302 Statutes, is amended to read:
303 57.082 Determination of civil indigent status.—
304 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
305 clerk or the court determines is indigent for civil proceedings
306 under this section shall be enrolled in a payment plan under s.
307 28.246 and shall be charged a one-time administrative processing
308 charge under s. 28.24(26)(b) s. 28.24(26)(c). A monthly payment
309 amount, calculated based upon all fees and all anticipated
310 costs, is presumed to correspond to the person’s ability to pay
311 if it does not exceed 2 percent of the person’s annual net
312 income, as defined in subsection (1), divided by 12. The person
313 may seek review of the clerk’s decisions regarding a payment
314 plan established under s. 28.246 in the court having
315 jurisdiction over the matter. A case may not be impeded in any
316 way, delayed in filing, or delayed in its progress, including
317 the final hearing and order, due to nonpayment of any fees or
318 costs by an indigent person. Filing fees waived from payment
319 under s. 57.081 may not be included in the calculation related
320 to a payment plan established under this section.
321 Section 10. This act shall take effect July 1, 2020.
