This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0397d.APC
DATE: 2/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 397 Court Fiscal Administration
SPONSOR(S): Justice Appropriations Subcommittee, Clemons and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Justice Appropriations Subcommittee 14 Y, 0 N, As CS Smith Keith
2) Judiciary Committee 19 Y, 0 N Brascomb Kramer
3) Appropriations Committee Smith Pridgeon
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 to perform 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 him or her 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 Legislature created the Florida Clerks of Court Operations Corporation (CCOC) to provide
budget support to the clerks. 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.
CS/HB 397 amends several statutes which increase revenues for the clerks of the court, provide additional
funding request options for the clerks, and enhance payment options to help reduce driver license
suspensions. Specifically, the bill:
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;
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 an indeterminate fiscal impact to revenues deposited into the General Revenue Fund.
Additionally, the bill would have an indeterminate, but likely positive fiscal impact to revenues retained by the
clerks of the court.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0397d.APC PAGE: 2
DATE: 2/21/2022
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, 2019, and September 30, 2020, the clerks, statewide:
Assessed $900,257,991 in fines and fees; and
Collected $757,597,834, for a collection rate of 84.16 percent statewide.
6
Revenue collected from fines and fees is 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 visited Feb. 18, 2022).
6
Florida Court Clerks and Comptrollers, 2020 Annual Assessments and Collections Report,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/public_documents_/1_cir_2020_front_matter_cove.pdf (last visited Feb.18,
2022).
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: h0397d.APC PAGE: 3
DATE: 2/21/2022
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 Legislature created the Florida Clerks of Court Operations Corporation (CCOC) to
provide budget support to the clerks. 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
No Fee Court Functions
There are certain filings for which the clerks of court may not charge a filing fee, including:
A filing by an indigent party;
12
A petition for habeas corpus filed by a person detained as a mental health patient;
13
Filing an ex parte order for an involuntary examination;
14
A petition for an involuntary commitment;
15
Appellate filing fees for an indigent person determined to be, and involuntarily committed, as a
sexually violent predator;
16
A petition for involuntary assessment and stabilization for substance abuse impairment;
17
A petition for a risk protection order;
18
and
A petition for a protective injunction against domestic violence;
19
repeat, dating, or sexual
violence;
20
or stalking.
21
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 Feb. 18, 2022).
11
S. 28.35(2), F.S.
12
Ss. 57.081 and 57.082, F.S. This does not include prisoners as defined in s. 57.085, F.S.
13
S. 394.459(8), F.S.
14
S. 394.463(2), F.S.
15
S. 394.467(3), F.S.
16
S. 394.917, F.S.
17
S. 397.6814, F.S.
18
S. 790.401, F.S.; Ch. 2018-3, s. 16, Laws of Fla.
19
S. 741.30, F.S.
20
S. 784.046, F.S.
21
S. 784.0485, F.S. STORAGE NAME: h0397d.APC PAGE: 4
DATE: 2/21/2022
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;
22
or
Is receiving:
o Temporary Assistance for Needy Families-Cash Assistance;
o Poverty-related veterans' benefits; or
o Supplemental Security Income.
23
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.
24
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.
25
Moreover, some clerks require a down payment to establish a
payment plan.
26
A one-time administrative processing charge of an amount not exceeding $25 is
assessed for setting up a payment plan, in lieu of a per month charge.
27
The collected monthly and
payment plan fees are retained by the clerk. Additionally, county tax collectors are generally required to
charge a service fee of $6.25 when providing services pursuant to ch. 322, F.S.
28
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.
29
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.
30
Nearly 2 million of the more than
14 million driver licenses issued in Florida are suspended for unpaid fines.
31
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:
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.
22
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 Feb. 18, 2022).
23
S. 27.52(1), F.S.
24
S. 28.246(4), F.S.
25
S. 28.24(26)(b), F.S.
26
See, e.g., Seminole County Clerk of Courts, Payment Plans, https://www.seminoleclerk.org/departments/courts/payment-plans/ (last
visited Feb. 18, 2022).
27
S. 28.24(26)(c), F.S.
28
S. 322.135(1)(c), F.S.
29
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 Feb. 18, 2022).
30
See, e.g., ss. 318.15 and 322.245, F.S.
31
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 Feb. 18, 2022). STORAGE NAME: h0397d.APC PAGE: 5
DATE: 2/21/2022
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.
32
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.
33
Effect of the Bill
Revenue Collections
CS/HB 397 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, subject to Legislative
appropriation, 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 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 must 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 of the clerk’s determination of indigent status.
Driver License Reinstatement
The bill directs the Department of Highway Safety and Motor Vehicles 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. 28.246, F.S., relating to payment of court-related fines or other monetary
penalties, fees, service charges, and court costs; partial payments; distribution of funds.
Section 2: Amends s. 28.35, F.S., relating to Florida Clerks of Court Operations Corporation.
Section 3: Amends s. 40.29, F.S., relating to payment of due-process costs; reimbursement for
petitions and orders.
Section 4: Amends s. 57.082, F.S., relating to determination of civil indigent status.
Section 5: Amends s. 322.29, F.S., relating to surrender and return of license.
Section 6: Provides an effective date of July 1, 2022.
32
S. 322.29(2), F.S.
33
S. 322.135(1)(c), F.S. STORAGE NAME: h0397d.APC PAGE: 6
DATE: 2/21/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Conference considered a prior version of the bill with similar provisions on
November 5, 2021, and determined it would have an indeterminate fiscal impact on revenues
deposited into the state General Revenue Fund.
34
See Fiscal Comments.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The Revenue Estimating Conference considered a prior version of the bill with similar provisions on
November 5, 2021, and determined it would have an indeterminate, but likely positive fiscal impact
on revenues retained by the clerks of the court.
35
See Fiscal Comments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
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.
36
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.
37
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.
34
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 Feb. 18, 2022).
35
Id.
36
Id. at 27
37
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. STORAGE NAME: h0397d.APC PAGE: 7
DATE: 2/21/2022
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.
38
It cannot accurately be
determined what the impact to revenue collections would be for the portion of driver license
reinstatement fees retained by tax collectors or clerks who would now have the ability to reinstate a
driver license and retain the fee, or the amount that is deposited 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.
39
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
On February 3, 2022, the Justice Appropriations Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The amendment:
Removed provisions modifying the distribution of foreclosure filing fee and county court civil appeal
filing fee revenue collections; and
38
Office of Economic and Demographic Research, Highway Safety Licenses and Fees – Revenue Estimating Conference, July 29,
2021.
39
Supra note 37. STORAGE NAME: h0397d.APC PAGE: 8
DATE: 2/21/2022
Removed a provision requiring a traffic hearing official to impose a minimum penalty upon a person
who elected to appear in challenge of a noncriminal traffic infraction, and is proven to have
committed an infraction.
This analysis is drafted to the committee substitute as passed by the Justice Appropriations Subcommittee.