This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0397.JUA
DATE: 2/2/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 397 Court Fiscal Administration
SPONSOR(S): Clemons and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Justice Appropriations Subcommittee Smith Keith
2) Judiciary Committee
3) Appropriations Committee
SUMMARY ANALYSIS
Each of the 67 Florida counties has a clerk of court, who is the elected constitutional officer who oversees
judiciary functions as the clerk for the county and circuit courts. The clerks collect court costs and fines related
to court dispositions and are authorized to charge fees for performing various functions. A portion of these
fines and fees collected are retained by the clerks for the purpose of funding the court-related functions of the
clerk. A person who owes fines and fees to the clerk, and who qualifies as indigent, may ask the clerk of court
to allow them to enter into a payment plan.
Under current law, a person's driver license can be suspended for various reasons, including:
Failure to a pay a court fee or fine;
Failure to comply with or appear at a traffic summons; and
Having unpaid citations in another state.
In 2003, the Florida Clerks of Court Operations Corporation (CCOC) was created to perform various functions.
Initially, the CCOC reviewed and certified proposed budgets from each clerk. The CCOC is currently
responsible for approving the combined budgets submitted by the clerks, and ensuring that the total combined
budgets of all 67 clerks does not exceed the total estimated revenues.
HB 397 amends several statutes which increase revenues for the clerks of the court, providing additional
funding options for the clerks, and enhancing payment options to help reduce driver license suspensions.
Specifically, the bil:
Redirects the amount of foreclosure filing fees that are deposited into the General Revenue Fund, thus
increasing the amount retained by the clerk of court;
Amends the distribution of county court civil appeal filing fee collections, allowing the entire fee
collection to be retained by the clerk of court;
Requires the CCOC to develop a formula to estimate the total cost associated with clerk support for
circuit and county judges statewide;
Requires the CCOC to submit funding recommendations to the Legislature for the reimbursement of
costs related to additional trial court judgeships and involuntary commitment fees;
Establishes a minimum penalty a traffic hearing official is required to impose upon a person who
elected to appear in challenge of a noncriminal traffic infraction, and is proven to have committed an
infraction;
Clarifies the minimum payment criteria for uniform payment plans, and allows the clerks to review
property records when determining the indigency status of an applicant; and
Directs the Department of Highway Safety and Motor Vehicles to ensure the clerks have the ability to
reinstate drivers licenses that have been suspended for a failure to pay court obligations.
The bill would have a negative indeterminate, but likely significant fiscal impact to revenues deposited into the
General Revenue Fund. Additionally, the bill would have a positive indeterminate, but likely significant fiscal
impact to revenues retained by the clerks of the court.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0397.JUA PAGE: 2
DATE: 2/2/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Each of the 67 Florida counties has a clerk of court, an elected constitutional officer who oversees
judiciary functions as the clerk of the county and circuit courts.
1
The clerk may also serve as the ex-
officio clerk of the board of county commissioners, as well as the auditor, recorder, and custodian of
county funds.
The State Constitution requires the clerks of court to be funded from revenue generated from charges
for service, court costs, filing fees, and fines from civil and criminal proceedings.
2
The revenue is used
for court-related functions as well as select costs, expenses, and salaries as provided by law.
3
Court-
related functions include:
Case maintenance;
Records management;
Court preparation and attendance;
Collection and distribution of fines, fees, service charges, and court costs;
Processing for the assignment, reopening, reassignment, and appeal of cases;
Reasonable administrative support costs;
Data collection and reporting;
Determinations of indigent status; and
Collection and distribution of fines, fees, service charges, and court costs.
4
Revenue Collections
The clerks of court statewide operating budgets vary each year depending on the amount of revenues
generated. The 2019-2020 budget was $446.8 million, the 2020-2021 budget was $410.0 million, and
the 2021-2022 budget is $444.8 million.
5
Between October 1, 2018, and September 30, 2019, the clerks, statewide:
Assessed $1,219,013,789 in fines and fees; and
Collected $886,783,618, for a collection rate of 72.75 percent statewide.
6
Revenue collected from fines and fees are not solely budgeted to the clerks of court. For example, the
Legislature has provided that a 5 percent surcharge for certain non-criminal traffic citations is deposited
into the Crimes Compensation Trust Fund.
7
Additionally, that same trust fund collects $49 from every
$50 collected as a fine from every adjudication for a felony, misdemeanor, delinquent act, or criminal
traffic offense.
8
If a fee, service charge, fine, or court cost remains unpaid for 90 days, and the clerk has attempted to
collect the unpaid amount through an internal process, the clerk may forward the unpaid accounts to an
1
Art. V, s. 16, Fla. Const.
2
Art. V, s. 14, Fla. Const.
3
Id.
4
S. 28.35(3)(a), F.S.
5
Florida Clerks of Court Corporation, CFY2022 Approved Budget, https://flccoc.org/wp-content/uploads/2021/08/CFY2122-Approved-
Budget-081121.pdf (last accessed Dec. 2, 2021).
6
Florida Court Clerks and Comptrollers, 2019 Annual Assessments and Collections Report, https://flccoc.org/wp-
content/uploads/2020/03/2019-Annual-Assessments-and-Collections-Report.pdf (last visited Dec. 16, 2021).
7
S. 938.04, F.S. The Crimes Compensation Trust Fund was created to compensate crime victims. S. 960.21, F.S.
8
S. 938.03, F.S. STORAGE NAME: h0397.JUA PAGE: 3
DATE: 2/2/2022
attorney or collection agent.
9
Some counties have unpaid fines and fees totaling hundreds of millions of
dollars from decades ago.
10
Florida Clerks of Court Operations Corporation (CCOC)
In 2003, the Florida Clerks of Court Operations Corporation (CCOC) was created to perform various
functions. Initially, the CCOC reviewed and certified proposed budgets from each clerk. The CCOC is
currently responsible for approving the combined budgets submitted by the clerks, and ensuring that
the total combined budgets of all 67 clerks does not exceed the total estimated revenues. All clerks of
the circuit court are members of the CCOC and hold their position and authority in an ex officio
capacity. The CCOC's current functions include:
Adopting a plan of operations;
Conducting an election of an executive council;
Recommending to the Legislature changes in the amounts of various court-related fines, fees,
service charges, and costs to ensure reasonable and adequate funding of the clerks of court;
Developing and certifying a uniform system of performance measures and applicable
performance standards for court-related functions as developed by the CCOC and clerk
workload performance in meeting the workload performance standards;
Entering into a contract with the Department of Financial Services for the department to audit
the court-related expenditures of individual clerks;
Approving proposed budgets submitted by clerks of the court;
Developing and conducting clerk educational programs; and
Preparing and submitting a report to the Governor, the President of the Senate, the Speaker of
the House of Representatives, and the chairs of the legislative appropriations committees by
January 1 of each year on the operations and activities of the CCOC and detailing the budget
development for the clerks of the court and the end-of-year reconciliation of actual expenditures
versus projected expenditures for each clerk of court.
11
Payment Plans
Court costs, fees, and other fines related to a court disposition are enforced by court order and
collected by the clerks of court. A person may apply to the clerk of court to enter into a payment plan if
that person is "indigent," which means he or she:
Has an income equal to or below 200 percent of the federal poverty guidelines;
12
or
Is receiving:
o Temporary Assistance for Needy Families-Cash Assistance;
o Poverty-related veterans' benefits; or
o Supplemental Security Income.
13
A monthly payment that does not exceed 2 percent of an indigent person's average monthly pay is
presumed to correspond to the indigent person's ability to pay.
14
The clerk is required to charge a fee of up to $5 per month for receipt or disbursement of all partial
payments, with the exception of restitution, that are not subject to the administrative processing service
charge pursuant to s. 28.246, F.S.
15
A one-time administrative processing charge of an amount not
9
S. 28.246(6), F.S.
10
Broward County has $735.6 million in outstanding fees and fines from felony, misdemeanor, and traffic dispositions. Similarly, Palm
Beach County has $277.5 million outstanding, and Miami-Dade County has $278 million from felony adjudications alone. Dan
Sweeney, South Florida felons owe a billion dollars in fines - and that will affect their ability to vote, South Florida Sun Sentinel (May 31,
2019, https://www.sun-sentinel.com/news/politics/fl-ne-felony-fines-broward-palm-beach-20190531-5hxf7mveyree5cjhk4xr7b73v4-
story.html (last visited Dec. 2, 2021).
11
S. 28.35(2), F.S.
12
Currently, the federal poverty level is $12,760 for individuals, with an additional $4,480 for each additional family member in the
individual's household. See U.S. Department of Health and Human Services, U.S. Federal Poverty Guidelines Used to Determine
Financial Eligibility for Certain Federal Programs, https://aspe.hhs.gov/2020-poverty-guidelines (last visited Dec.2, 2021).
13
S. 27.52(1), F.S.
14
S. 28.246(4), F.S.
15
S. 28.24(26)(b), F.S. STORAGE NAME: h0397.JUA PAGE: 4
DATE: 2/2/2022
exceeding $25 is assessed for setting up a payment plan, in lieu of a per month charge.
16
The collected
monthly and payment plan fees are retained by the clerk. Additionally, county tax collectors are
required to charge a service fee of $6.25 when providing services in ch. 322, F.S.
Fines and Fees for Traffic Infractions and Criminal Offenses
Florida law imposes a schedule of fees for various noncriminal traffic offenses, including the following
monetary penalties:
For infractions of pedestrian regulations, $15.
For nonmoving traffic violations, $30.
For moving violations involving an unlawful speed not within a school zone, up to $250,
depending on the egregiousness of the violation.
17
Some traffic infractions are classified as criminal traffic infractions, including:
Fleeing or attempting to elude a police officer.
Leaving the scene of a crash.
Driving under the influence.
Reckless driving.
Making a false crash report.
18
Certain crimes in Florida have significant mandatory minimum fines. A person convicted of trafficking
cocaine, for example, must pay a fine of:
$50,000 if the amount trafficked is at least 28 grams; or
$250,000 if the amount trafficked is more than 400 grams.
19
Depending on the person's income and ability to pay, such a fine or fee may take years or even
decades to pay. For example, one Miami-Dade County resident who was convicted of grand theft
agreed to a payment plan for $190,000. She pays $100 per month and is scheduled to complete her
payment plan in 190 years.
20
Driver License Suspension in Florida
A license can be suspended for various reasons, including:
Failure to a pay a fine.
Failure to comply with or appear at a traffic summons.
Unpaid citations reported by another state.
21
Under certain conditions, if a person fails to enter into a payment plan with a clerk of court for unpaid
obligations, the clerk of court may notify the Department of Highway Safety and Motor Vehicles
(Department), which may in turn suspend the person's driver license.
22
Nearly 2 million of the more than
14 million driver licenses issued in Florida are suspended for unpaid fines.
23
A person must pay a nonrefundable service fee of $60 for the reinstatement of a driver license
suspended for the nonpayment of criminal financial obligations. The service fee revenue is distributed
as follows:
16
S. 28.24(26)(c), F.S.
17
See s. 318.18, F.S.
18
See s. 318.17, F.S.
19
S. 893.135(1)(b)1., F.S.
20
Lawrence Mower, Should a felon who owes $59 million be allowed to vote? How about $190,000?, Miami Herald (Mar. 29, 2019),
https://www.miamiherald.com/news/politics-government/state-politics/article228399999.html (last visited Dec. 2, 2021).
21
Florida Department of Highway Safety and Motor Vehicles, Traffic Citations or Court Suspensions, https://www.flhsmv.gov/driver-
licenses-id-cards/driver-license-suspensions-revocations/traffic-citations-court-suspensions/ (last visited Dec. 2, 2021).
22
See, e.g., ss. 318.15 and 322.245, F.S.
23
Monivette Cordeiro, Nearly 2 Million Florida Drivers Have License Suspended for Unpaid Fines, Study Finds, Orlando Sentinel (Dec.
19, 2019), http://www.orlandosentinel.com/news/crime/os-ne-drivers-license-suspensions-report-20191219-xazyr2cdkff7xfljjvgkcz6tum-
story.html (last visited Dec. 2, 2021). STORAGE NAME: h0397.JUA PAGE: 5
DATE: 2/2/2022
If reinstated by the Department, $37.50 is deposited into the General Revenue Fund and
$22.50 is deposited into the Highway Safety Operating Trust Fund.
If reinstated by the tax collector, $37.50 is retained by the tax collector and $22.50 is remitted
to the Department of Revenue for deposit into the Highway Safety Operating Trust Fund.
If reinstated by the clerk of the court, $37.50 is retained by the clerk and $22.50 is remitted to
the Department of Revenue for deposit into the Highway Safety Operating Trust Fund.
24
Additionally, each tax collector who is authorized by the Department to provide driver license services
must charge a $6.25 service fee per customer for all services. The service fee revenue is retained by
the tax collector.
25
Effect of the Bill
Revenue Collections
HB 397 amends the distribution of revenue collections from certain foreclosure filing fees. For claims
valued at more than $50,000 but less than $250,000, the amount of each filing fee remitted by the clerk
for deposit into the General Revenue Fund is reduced from the first $705 to the first $355. For claims
valued at $250,000 of greater the amount remitted by the clerk for deposit into the General Revenue
Fund is reduced from the $930 of the first $1,705 in filing fees, to $465 of the first $1,240 in filing fees.
The bill changes the distribution of filing fee revenue collections from civil action filings in county court
for relief by cross-claim, counterclaim, counter petition or third-party complaint, allowing all collections
to be retained by the respective clerk, and removing language directing the clerks to remit the revenue
to the Department of Revenue for deposit into the General Revenue Fund.
The bill requires the CCOC to develop a formula to estimate the total cost associated with clerk support
for circuit and county judges statewide, if the number of county or circuit judges is increased. The
CCOC would make a recommendation for consideration by the legislature for additional funding using
the formula. The CCOC would also be required to annually prepare a budget request for the
reimbursement of costs related to involuntary commitment petitions and orders, at a rate of $40 per
petition or order. The Justice Administrative Commission (JAC) would be required to submit the request
on behalf of the CCOC to the Governor for transmittal to the Legislature. The request would not be
subject to changes by the JAC.
Payment Plans
The bill specifies that a monthly payment plan may not to exceed 2 percent of a person’s annual
income divided by 12, or $25, whichever is greater. The bill also specifies that the amount required by a
clerk as down payment to initially establish a payment plan shall be the lesser of 10 percent of the total
amount owed, or $100.
Determination of Indigency
The bill allows the clerk to conduct a review of property records for the county in which the applicant for
indigency resides and motor vehicle title records of the state to identify any property interests of the
applicant. The clerk is required to maintain results of the review in a file with the application and provide
the file to the court if the applicant seeks review.
Civil Traffic Infractions
The bill requires a designated official hearing a challenge of a civil traffic infraction from a person who
elected to appear or who was required to appear, to impose a minimum penalty in the amount specified
in s. 318.18, F.S., if the commission of the infraction has been proven.
24
S. 322.29(2), F.S.
25
S. 322.135(1)c), F.S. STORAGE NAME: h0397.JUA PAGE: 6
DATE: 2/2/2022
Driver License Reinstatement
The bill directs the Department to work with the clerk, through the Florida Court Clerks & Comptrollers
Association, to ensure the clerks’ ability within their technology systems to reinstate driver licenses for
failure to pay court obligations.
Effective Date
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1. Amends s. 28.241, F.S., related to filing fees for trial and appellate proceedings.
Section 2. Amends s. 28.246, F.S., related to payment of court-related fines or other monetary
penalties, fees, service charges, and court costs; partial payments; distribution of funds.
Section 3. Amends s. 28.35, F.S., related to CCOC.
Section 4. Amends s. 34.041, F.S., related to filing fees.
Section 5. Amends s. 40.29, F.S., related to payment of due-process costs; reimbursement for
petitions and orders.
Section 6. Amends s. 57.082, F.S., related to determination of civil indigent status.
Section 7. Amends s. 318.14, F.S., related to noncriminal traffic infractions; exceptions; procedures.
Section 8. Amends s. 322.29, F.S., related to surrender and return of license.
Section 9. Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Conference considered the bill on November 5, 2021, and determined it
would have a negative indeterminate, but likely significant fiscal impact on revenues deposited into
the state General Revenue Fund.
26
See Fiscal Comments.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The Revenue Estimating Conference considered the bill on November 5, 2021, and determined it
would have a positive indeterminate, but likely significant fiscal impact on revenues retained by the
clerks of the court.
27
See Fiscal Comments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
26
Revenue Estimating Conference, SB 551 and HB 397, November 5, 2021,
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2022/_pdf/page25-28.pdf, (last visited Dec. 2, 2021).
27
Id. STORAGE NAME: h0397.JUA PAGE: 7
DATE: 2/2/2022
Filing Fees
Revisions to the distribution of foreclosure filing fees and counterclaim filing fees in ss. 28.241 and
34.041, F.S., would redirect an estimated average of $15.6 million in fees annually over the next five
years from the General Revenue Fund to the clerk’s Fine and Forfeiture Funds, resulting in a significant
negative impact to General Revenue and a significant positive impact to local trust funds.
28
Section 28.241, F.S., is revised so that half of the amount from foreclosure filings fees when the claim
value is more than $50,000 but less than $250,000 and more than $250,000 currently deposited into
the General Revenue Fund is instead deposited into the clerk’s Fine and Forfeiture Funds. Section
34.041, F.S., is revised so that the $295 counterclaim filing fee currently deposited into the General
Revenue Fund is instead deposited into the clerk’s Fine and Forfeiture Funds. Section 318.14, F.S., is
revised so that when an individual elects to appear before an official contesting a noncriminal traffic
infraction, if the infraction is proven the official may impose a penalty not to exceed $500 but no less
than the amount of the civil penalty provisions of s. 318.18, F.S.
29
Payment Plans
Section 28.246, F.S., is revised so that a payment plan’s monthly payment is presumed to correspond
to the person’s ability to pay if the amount does not exceed two percent of the person’s annual net
income divided by twelve or $25, whichever is greater. Any amount required by the clerk as down
payment to initially establish a payment plan shall be either 10% of the total amount owed or $100,
whichever is less. With lack of data regarding the current status of various payments plans (i.e. amount
being paid, length of the plan, original fine amount, etc.) the impact is indeterminate. When considering
all of the changes to payment plans, the positive impacts will likely exceed the negative ones, resulting
in a net indeterminate positive impact.
30
Civil Traffic Infraction Penalties
Under current law, when a person accused of a noncriminal traffic violation elects to appear before a
designated official and the violation is determined to have occurred, the official may impose a penalty
not to exceed $500. It is possible for an individual to commit a traffic violation, appear before a
designated official who determines the violation occurred, and then have the penalty imposed be less
than the initial fine. The bill requires that the penalty imposed be no less than the amount of the civil
penalty in s. 318.18, F.S., ensuring that no individual is imposed a lower fine than they otherwise would
have received had they not elected to appear before an official. In these instances, there will be a
positive impact to various state and local funds. The impact of this provision is indeterminate.
31
Driver License Reinstatement
The $37.50 portion of the service fee for reinstatement is deposited into the General Revenue Fund, if
reinstated by the Department, or is retained by the respective tax collector or clerk of the court
performing the reinstatement. Currently, there is not an electronic interface between the Department
and the clerk of the court to allow the clerk to reinstate a driver license after a driver has resolved all
financial obligations.
32
The bill would facilitate the establishment of an electronic interface between the
clerk and the Department, allowing for the clerk to perform driver license reinstatements, and retain the
$37.50 service fee that would otherwise be retained by the tax collector or be deposited into the
General Revenue Fund.
In Fiscal Year 2020-2021, a total of $18.4 M in service charge fees were collected for the reinstatement
of driver licenses that had been suspended for nonpayment of criminal financial obligations. Of the total
collected, $6.3 M was deposited in the General Revenue fund, $8.8 M was deposited in the Highway
Safety Operating Trust Fund and $3.4 M was retained by tax collectors.
33
It cannot accurately be
28
Id. at 27.
29
Id.
30
Id.
31
Id. STORAGE NAME: h0397.JUA PAGE: 8
DATE: 2/2/2022
determined what impact this provision would have on revenue collections by the tax collectors or
deposits into the General Revenue Fund.
Driver and Vehicle Information Database Interface
The establishment of an electronic interface between the Department and clerks who do not currently
have access is expected to have a minimal impact on the Department’s operational resources and
resources dedicated to the Motorist Modernization Project, and can likely be accomplished within
existing resources.
34
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
32
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis – HB 397, December 15, 2021, On file with
the House Justice Appropriations Subcommittee.
33
Office of Economic and Demographic Research, Highway Safety Licenses and Fees – Revenue Estimating Conference, July 29,
2021.
34
Supra note 32.