Florida 2023 Regular Session

Florida House Bill H0921 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 921 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0921-00
9	9	Page 1 of 26
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to fines and fees; amending s. 28.24, 2
16	16	F.S.; authorizing the clerk of the circuit court to 3
17	17	accept monthly installment payments for a certain 4
18	18	administrative processing charge; conforming 5
19	19	provisions to changes made by the act; amending s. 6
20	20	28.246, F.S.; revising the methods by which the clerk 7
21	21	of the circuit court may accept payments for certain 8
22	22	fees, charges, costs, and fines; providing 9
23	23	requirements for the payment plan; authorizing the 10
24	24	court to modify the payment plan or reduce, waive, or 11
25	25	convert to community service the outstanding fees, 12
26	26	service charges, costs, or fines; providing 13
27	27	construction; requiring payment plans to reflect all 14
28	28	fines, fees, and court costs incurred by an 15
29	29	individual; prohibiting the clerk from sending an 16
30	30	incarcerated individual's account to a collection 17
31	31	agency for collection or suspending an incarcerated 18
32	32	individual's driver license; authorizing the clerk to 19
33	33	enroll an individual in an automatic payment plan if 20
34	34	certain conditions exist; requiring the clerk to work 21
35	35	with the court to develop a process to meet with the 22
36	36	individual upon disposition; authorizing the clerk to 23
37	37	waive certain fees for an individual who enrolls in an 24
38	38	automatic payment plan; providing for the early 25
39	39
40	40	HB 921 2023
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42	42
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0921-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	termination of a payment plan for an indigent 26
52	52	individual if certain conditions exist; authorizing 27
53	53	the clerk to send certain notices; conforming a cross -28
54	54	reference; conforming provisions to changes made by 29
55	55	the act; amending s. 318.15, F.S.; deleting provisions 30
56	56	specifying procedures to be used if a person fails to 31
57	57	comply with certain court -ordered requirements; 32
58	58	requiring a person's driver license to be reinstated 33
59	59	if certain conditions are met; authorizing such person 34
60	60	to have his or her driver license reinstated under 35
61	61	specified conditions; requiring the clerk to submi t a 36
62	62	specified list to the Department of Highway Safety and 37
63	63	Motor Vehicles by a specified date; conforming 38
64	64	provisions to changes made by the act; amending s. 39
65	65	322.245, F.S.; revising the specified offenses that 40
66	66	would lead to the suspension of a person's driv er 41
67	67	license upon the failure to comply with court 42
68	68	directives; authorizing a person to apply for 43
69	69	reinstatement of his or her driver license if certain 44
70	70	conditions exist; requiring the clerk to submit a 45
71	71	certain list to the department by a specified date; 46
72	72	conforming provisions to changes made by the act; 47
73	73	amending s. 322.29, F.S.; specifying that a single 48
74	74	service fee should be collected when a license is 49
75	75	reinstated after certain conditions are met; making 50
76	76
77	77	HB 921 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0921-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	technical changes; amending ss. 27.52, 34.191, 57.082, 51
89	89	and 320.03, F.S.; conforming cross -references; making 52
90	90	technical changes; reenacting ss. 318.20, 775.083(3), 53
91	91	and 938.27(2)(a), F.S., relating to notification, 54
92	92	fines, and judgments for costs of prosecution and 55
93	93	investigation, respectively, to incorporate the 56
94	94	amendments made to s. 28.246, F.S., in references 57
95	95	thereto; providing an effective date. 58
96	96	59
97	97	Be It Enacted by the Legislature of the State of Florida: 60
98	98	61
99	99	Section 1. Subsection (27) of section 28.24, Florida 62
100	100	Statutes, is amended to read: 63
101	101	28.24 Service charges.—The clerk of the circuit court 64
102	102	shall charge for services rendered manually or electronically by 65
103	103	the clerk's office in recording documents and instruments and in 66
104	104	performing other specified duties. These charges may not exceed 67
105	105	those specified in this se ction, except as provided in s. 68
106	106	28.345. 69
107	107	(27)(a) For receiving and disbursing all restitution 70
108	108	payments, per payment: 3.50, from which the clerk shall remit 71
109	109	0.50 per payment to the Department of Revenue for deposit into 72
110	110	the General Revenue Fund. 73
111	111	(b) For receiving and disbursing all partial payments, 74
112	112	other than restitution payments, for which an administrative 75
113	113
114	114	HB 921 2023
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	processing service charge is not imposed pursuant to s. 28.246, 76
126	126	per month: 5.00. 77
127	127	(c) For setting up a payment plan, a one -time 78
128	128	administrative processing charge of in lieu of a per month 79
129	129	charge under paragraph (b): 25.00. The charge may be paid in 80
130	130	five equal monthly payments of 5.00. 81
131	131	Section 2. Section 28.246, Florida Statutes, is amended to 82
132	132	read: 83
133	133	28.246 Payment of court -related fines or other monetary 84
134	134	penalties, fees, charges, and costs; monthly partial payments; 85
135	135	community service; distribution of funds. — 86
136	136	(1) The clerk of the circuit court shall report the 87
137	137	following information to the Legislature and the Florida Clerks 88
138	138	of Court Operations Cor poration on a form, and using guidelines 89
139	139	developed by the clerks of court, through their association and 90
140	140	in consultation with the Office of the State Courts 91
141	141	Administrator: 92
142	142	(a) The total amount of mandatory fees, service charges, 93
143	143	and costs assessed; the t otal amount underassessed, if any, 94
144	144	which is the amount less than the minimum amount required by law 95
145	145	to be assessed; and the total amount collected. 96
146	146	(b) The total amount of discretionary fees, service 97
147	147	charges, and costs assessed and the total amount colle cted. 98
148	148	(c) The total amount of mandatory fines and other monetary 99
149	149	penalties assessed; the total amount underassessed, if any, 100
150	150
151	151	HB 921 2023
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0921-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	which is the amount less than the minimum amount required by law 101
163	163	to be assessed; and the total amount collected. 102
164	164	(d) The total amount of discretionary fines and other 103
165	165	monetary penalties assessed and the total amount collected. 104
166	166	105
167	167	The clerk, in reporting to the Legislature and corporation, 106
168	168	shall separately identify the monetary amount assessed and 107
169	169	subsequently discharged or converted to community service, to a 108
170	170	judgment or lien, or to time served. The form developed by the 109
171	171	clerks must shall include separate entries for recording the 110
172	172	amount discharged and the amount converted. If a court waives, 111
173	173	suspends, or reduces an assessment as authorized by law, the 112
174	174	portion waived, suspended, or reduced may not be deemed assessed 113
175	175	or underassessed for purposes of the reporting requirements of 114
176	176	this section. The clerk also shall report a collection rate for 115
177	177	mandatory and discretionary assessments. In calculating the 116
178	178	rate, the clerk shall deduct amounts discharged or converted 117
179	179	from the amount assessed . The clerk shall submit the report on 118
180	180	an annual basis 90 days after the end of the county fiscal year. 119
181	181	The clerks and the courts shall develop by October 1, 2012, the 120
182	182	form and guidelines to govern the accurate and consistent 121
183	183	reporting statewide of assessm ents as provided in this section. 122
184	184	The clerk shall use the new reporting form and guidelines in 123
185	185	submitting the report for the county fiscal year ending 124
186	186	September 30, 2013, and for each year thereafter. 125
187	187
188	188	HB 921 2023
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0921-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	(2) The clerk of the circuit court shall establish an d 126
200	200	maintain a system of accounts receivable for court -related fees, 127
201	201	charges, and costs. 128
202	202	(3) Court costs, fines, and other dispositional 129
203	203	assessments shall be enforced by order of the courts, collected 130
204	204	by the clerks of the circuit and county courts, and dis bursed in 131
205	205	accordance with authorizations and procedures as established by 132
206	206	general law. 133
207	207	(4)(a) Each clerk of the circuit court shall accept 134
208	208	monthly partial payments for each case type for court -related 135
209	209	fees, service charges, court costs, and fines electronically, by 136
210	210	mail, or in person in accordance with the terms of the an 137
211	211	established uniform payment plan form developed by the clerk . 138
212	212	(b) An individual seeking to defer payment of fees, 139
213	213	service charges, court costs, or fines imposed by operation of 140
214	214	law or order of the court under any provision of general law 141
215	215	must shall apply to the clerk for enrollment in a payment plan. 142
216	216	The clerk must shall enter into a payment plan with an 143
217	217	individual who the court determines is indigent for costs. If an 144
218	218	individual is not in custody, the plan must provide a 30 -day 145
219	219	grace period for the person to make the first payment. It is the 146
220	220	responsibility of an individual who is released from 147
221	221	incarceration and has outstanding court obligations to contact 148
222	222	the clerk within 30 days after r elease to pay fees, service 149
223	223	charges, court costs, and fines in full, or to apply for 150
224	224
225	225	HB 921 2023
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228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0921-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	enrollment in a payment plan. If an individual is released from 151
237	237	incarceration, the plan must provide a 90 -day grace period from 152
238	238	the day of release for the person to make t he first payment. 153
239	239	1. A monthly payment amount, calculated based upon all 154
240	240	fees and all anticipated fees, service charges, court costs, and 155
241	241	fines, is presumed to correspond to the person's ability to pay 156
242	242	if the amount does not exceed the greater of: 157
243	243	a. Two percent of the person's annual net income, as 158
244	244	defined in s. 27.52(1), divided by 12; or 159
245	245	b. Twenty-five dollars. 160
246	246	2. Any amount required by the clerk as down payment to 161
247	247	initially establish a payment plan shall be the lesser of 10 162
248	248	percent of the total amount owed or $100. The amount does not 163
249	249	include the imposition of a service charge pursuant to s. 164
250	250	28.24(27)(b), and both the service charge and down payment may 165
251	251	be paid monthly as provided in s. 28.24(27)(b) or (c). The clerk 166
252	252	shall establish all terms of a payment plan, and the court may , 167
253	253	on its own motion or by petition, review and modify the 168
254	254	reasonableness of the payment plan or reduce, waive, or convert 169
255	255	to community service the outstanding fees, service charges, 170
256	256	costs, or fines. Nothing in this sub -paragraph shall be 171
257	257	construed to allow or waive restitution or child support . 172
258	258	3. If a county has more than one case open for an 173
259	259	individual against whom fines, service charges, fees, or court 174
260	260	costs have been assessed, the monthly payment plan must include 175
261	261
262	262	HB 921 2023
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	the amounts assessed for all of the cases. 176
274	274	(c) If an individual is incarcerated, the clerk may not 177
275	275	refer the individual's account to collections as provided in 178
276	276	subsection (7) or send a notice to the Department of Highway 179
277	277	Safety and Motor Vehicles to suspend the individual's driver 180
278	278	license for nonpayment or failure to comply with the terms of a 181
279	279	payment plan. 182
280	280	(d) The clerk may enroll an individual with a deposit or 183
281	281	credit card account, or with other means of automatic 184
282	282	withdrawal, in an automatic payment plan arrangement to ensure 185
283	283	timely payment under the plan. Each clerk shall work with the 186
284	284	court to develop a process in which the individual will meet 187
285	285	with the clerk upon disposition or as soon thereafter as 188
286	286	practicable. The clerk of the court may waive the fees 189
287	287	referenced in s. 28.24(27)(b) for an individual who enrolls in 190
288	288	an automatic electronic debit payment plan. 191
289	289	(5) An individual who is indigent as described in s. 192
290	290	27.52(2), an individual who receives public assistance as 193
291	291	defined in s. 409.2554, or an indiv idual whose income is below 194
292	292	200 percent of the federal poverty level based on the current 195
293	293	year's federal poverty guidelines may petition the court to 196
294	294	declare that the financial obligations under the payment plan 197
295	295	have been met and to terminate the payment p lan if, up to the 198
296	296	date of the petition, the individual made timely payments for: 199
297	297	(a) Twelve consecutive months for any financial obligation 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	that was $500 or less; 201
311	311	(b) Twenty-four consecutive months for any financial 202
312	312	obligation that was more than $500, but less than or equal to 203
313	313	$1,000; or 204
314	314	(c) Thirty-six consecutive months for any financial 205
315	315	obligation that was greater than $1,000. 206
316	316	(6)(a) The clerk may send notices electronically or by 207
317	317	mail to remind an individual of an upcoming or missed payment. 208
318	318	(b) When receiving monthly partial payment of fees, 209
319	319	service charges, court costs, and fines, clerks shall distribute 210
320	320	funds according to the following order of priority: 211
321	321	1.(a) That portion of fees, service charges, court costs, 212
322	322	and fines to be remitted to t he state for deposit into the 213
323	323	General Revenue Fund. 214
324	324	2.(b) That portion of fees, service charges, court costs, 215
325	325	and fines required to be retained by the clerk of the court or 216
326	326	deposited into the Clerks of the Court Trust Fund within the 217
327	327	Department of Revenu e. 218
328	328	3.(c) That portion of fees, service charges, court costs, 219
329	329	and fines payable to state trust funds, allocated on a pro rata 220
330	330	basis among the various authorized funds if the total collection 221
331	331	amount is insufficient to fully fund all such funds as provided 222
332	332	by law. 223
333	333	4.(d) That portion of fees, service charges, court costs, 224
334	334	and fines payable to counties, municipalities, or other local 225
335	335
336	336	HB 921 2023
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	entities, allocated on a pro rata basis among the various 226
348	348	authorized recipients if the total collection amount is 227
349	349	insufficient to fully fund all such recipients as provided by 228
350	350	law. 229
351	351	230
352	352	To offset processing costs, clerks may impose either a per-month 231
353	353	service charge pursuant to s. 28.24(27)(b) or a one-time 232
354	354	administrative processing service charge at the inception of the 233
355	355	payment plan pursuant to s. 28.24(27)(b) s. 28.24(27)(c). 234
356	356	(7)(6) A clerk of court shall pursue the collection of any 235
357	357	fees, service charges, fines, court costs, and liens for the 236
358	358	payment of attorney fees and costs pursuant to s. 938.29 which 237
359	359	remain unpaid after 90 day s, except for an individual who is 238
360	360	incarcerated, by referring the account to a private attorney who 239
361	361	is a member in good standing of The Florida Bar or collection 240
362	362	agent who is registered and in good standing pursuant to chapter 241
363	363	559. In pursuing the collecti on of such unpaid financial 242
364	364	obligations through a private attorney or collection agent, the 243
365	365	clerk of the court must have attempted to collect the unpaid 244
366	366	amount through a collection court, collections docket, or other 245
367	367	collections process, if any, establishe d by the court, find this 246
368	368	to be cost-effective and follow any applicable procurement 247
369	369	practices. The collection fee, including any reasonable attorney 248
370	370	attorney's fee, paid to any attorney or collection agent 249
371	371	retained by the clerk may be added to the balance owed in an 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	amount not to exceed 40 percent of the amount owed at the time 251
385	385	the account is referred to the attorney or agent for collection. 252
386	386	The clerk shall give the private attorney or collection agent 253
387	387	the application for the appointment of court -appointed counsel 254
388	388	regardless of whether the court file is otherwise confidential 255
389	389	from disclosure. 256
390	390	Section 3. Section 318.15, Florida Statutes, is amended to 257
391	391	read: 258
392	392	318.15 Failure to comply with civil penalty or to appear ; 259
393	393	penalty.— 260
394	394	(1)(a) If a person fails t o comply with the civil 261
395	395	penalties provided in s. 318.18 within the time period specified 262
396	396	in s. 318.14(4), fails to enter into or comply with the terms of 263
397	397	a penalty payment plan with the clerk of the court in accordance 264
398	398	with ss. 318.14 and 28.246, fails to attend driver improvement 265
399	399	school, or fails to appear at a scheduled hearing, the clerk of 266
400	400	the court must notify the Department of Highway Safety and Motor 267
401	401	Vehicles of such failure within 10 days after such failure. Upon 268
402	402	receipt of such notice, the departme nt must immediately issue an 269
403	403	order suspending the driver license and privilege to drive of 270
404	404	such person effective 20 days after the date the order of 271
405	405	suspension is mailed in accordance with s. 322.251(1), (2), and 272
406	406	(6). The order also must inform the person that he or she may 273
407	407	contact the clerk of the court to establish a payment plan 274
408	408	pursuant to s. 28.246(4) to make monthly partial payments for 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	court-related fines, fees, service charges, and court costs. Any 276
422	422	such suspension of the driving privilege which has not been 277
423	423	reinstated, including a similar suspension imposed outside of 278
424	424	this state, must remain on the records of the department for a 279
425	425	period of 7 years from the date imposed and must be removed from 280
426	426	the records after the expiration of 7 years from the date it is 281
427	427	imposed. The department may not accept the resubmission of such 282
428	428	suspension. 283
429	429	(b) However, a person who elects to attend driver 284
430	430	improvement school and has paid the civil penalty as provided in 285
431	431	s. 318.14(9) but who subsequently fails to attend the dr iver 286
432	432	improvement school within the time specified by the court is 287
433	433	deemed to have admitted the infraction and shall be adjudicated 288
434	434	guilty. If the person received an 18 -percent reduction pursuant 289
435	435	to s. 318.14(9), the person must pay the clerk of the court th at 290
436	436	amount and a processing fee of up to $18, from which the clerk 291
437	437	shall remit $3 to the Department of Revenue for deposit into the 292
438	438	General Revenue Fund, after which additional penalties, court 293
439	439	costs, or surcharges may not be imposed for the violation. In 294
440	440	all other such cases, the person must pay the clerk a processing 295
441	441	fee of up to $18, from which the clerk shall remit $3 to the 296
442	442	Department of Revenue for deposit into the General Revenue Fund, 297
443	443	after which additional penalties, court costs, or surcharges may 298
444	444	not be imposed for the violation. The clerk of the court shall 299
445	445	notify the department of the person's failure to attend driver 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456	456
457	457
458	458	improvement school and points shall be assessed pursuant to s. 301
459	459	322.27. 302
460	460	(c) A person who is charged with a traffic infraction may 303
461	461	request a hearing within 180 days after the date upon which the 304
462	462	violation occurred, regardless of any action taken by the court 305
463	463	or the department to suspend the person's driving privilege, 306
464	464	and, upon request, the clerk must set the case for hearing. The 307
465	465	person shall be given a form for requesting that his or her 308
466	466	driving privilege be reinstated. If the 180th day after the date 309
467	467	upon which the violation occurred is a Saturday, Sunday, or 310
468	468	legal holiday, the person who is charged must request a hearing 311
469	469	within 177 days after the date upon which the violation 312
470	470	occurred; however, the court may grant a request for a hearing 313
471	471	made more than 180 days after the date upon which the violation 314
472	472	occurred. This paragraph does not affect the assessment of late 315
473	473	fees as otherwise provided in this chapter. 316
474	474	(2) After the suspension of a person's driver license and 317
475	475	privilege to drive under subsection (1), the license and 318
476	476	privilege must may not be reinstated when until the person 319
477	477	successfully completes a driver improvement course in accordance 320
478	478	with s. 322.0261 complies with the terms of a periodic payment 321
479	479	plan or a revised payment plan with the clerk of the court 322
480	480	pursuant to ss. 318.14 and 28.246 or with all obligations and 323
481	481	penalties imposed under s. 318.18 and presents to a driver 324
482	482	license office a certificate of completion compliance issued by 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	a department-approved driver improvement course provider the 326
496	496	court, together with a single nonrefundable service fee charge 327
497	497	of $60 imposed under s. 322.29, or presents a certificate of 328
498	498	completion compliance and pays the service fee charge to the 329
499	499	clerk of the court or a driver licensing agent authorized under 330
500	500	s. 322.135 clearing such suspension. Of the charge collected, 331
501	501	$22.50 shall be remitted to the Departme nt of Revenue to be 332
502	502	deposited into the Highway Safety Operating Trust Fund. Such 333
503	503	person must also be in compliance with requirements of chapter 334
504	504	322 before reinstatement. 335
505	505	(3) A person whose driver license was suspended solely for 336
506	506	nonpayment pursuant to th is section before July 1, 2023, and who 337
507	507	is otherwise eligible to drive may have his or her driver 338
508	508	licensed reinstated upon payment of a single service fee imposed 339
509	509	under s. 322.29. The clerk of the court shall submit to the 340
510	510	department a list of persons whos e licenses are to be reinstated 341
511	511	pursuant to this section no later than August 1, 2023 The clerk 342
512	512	shall notify the department of persons who were mailed a notice 343
513	513	of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to 344
514	514	s. 316.0083 and who failed to en ter into, or comply with the 345
515	515	terms of, a penalty payment plan, or order with the clerk to the 346
516	516	local hearing officer or failed to appear at a scheduled hearing 347
517	517	within 10 days after such failure, and shall reference the 348
518	518	person's driver license number, or in the case of a business 349
519	519	entity, vehicle registration number . 350
520	520
521	521	HB 921 2023
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0921-00
527	527	Page 15 of 26
528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	(a) Upon receipt of such notice, the department, or 351
533	533	authorized agent thereof, may not issue a license plate or 352
534	534	revalidation sticker for any motor vehicle owned or co -owned by 353
535	535	that person pursuant to s. 320.03(8) until the amounts assessed 354
536	536	have been fully paid. 355
537	537	(b) After the issuance of the person's license plate or 356
538	538	revalidation sticker is withheld pursuant to paragraph (a), the 357
539	539	person may challenge the withholding of the license plate or 358
540	540	revalidation sticker only on the basis that the outstanding 359
541	541	fines and civil penalties have been paid pursuant to s. 360
542	542	320.03(8). 361
543	543	Section 4. Section 322.245, Florida Statutes, is amended 362
544	544	to read: 363
545	545	322.245 Suspension of license upon failure of person 364
546	546	charged with specified offenses offense under s. 318.17 chapter 365
547	547	316, chapter 320, or this chapter to comply with directives 366
548	548	ordered by traffic court or upon failure to pay child support in 367
549	549	non-IV-D cases as provided in chapter 61 or failure to pay any 368
550	550	financial obligation in any other criminal case .— 369
551	551	(1) If a person charged with a violation of any of the 370
552	552	criminal offenses enumerated in s. 318.17(1)-(4) s. 318.17 or 371
553	553	with the commission of any offense constituting a misdemeanor 372
554	554	under chapter 320 or this chapte r fails to comply with all of 373
555	555	the directives of the court within the time allotted by the 374
556	556	court, the clerk of the court must provide the person, either 375
557	557
558	558	HB 921 2023
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0921-00
564	564	Page 16 of 26
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	electronically or by mail sent to the address specified on the 376
570	570	uniform traffic citation, a notice of suc h failure, notifying 377
571	571	him or her that, if he or she does not comply with the 378
572	572	directives of the court within 30 days after the date of the 379
573	573	notice and pay a delinquency fee of up to $25 to the clerk, from 380
574	574	which the clerk shall remit $10 to the Department of R evenue for 381
575	575	deposit into the General Revenue Fund, his or her driver license 382
576	576	will be suspended. The notice must be sent no later than 5 days 383
577	577	after such failure. The delinquency fee may be retained by the 384
578	578	office of the clerk to defray the operating costs of the office. 385
579	579	(2) In non-IV-D cases, if a person fails to pay child 386
580	580	support under chapter 61 and the obligee so requests, the 387
581	581	depository or the clerk of the court must shall mail in 388
582	582	accordance with s. 61.13016 the notice specified in that 389
583	583	section, notifying him or her that if he or she does not comply 390
584	584	with the requirements of that section and pay a delinquency fee 391
585	585	of $25 to the depository or the clerk, his or her driver license 392
586	586	and motor vehicle registration will be suspended. The 393
587	587	delinquency fee may be ret ained by the depository or the office 394
588	588	of the clerk to defray the operating costs of the office after 395
589	589	the clerk remits $15 to the Department of Revenue for deposit 396
590	590	into the General Revenue Fund. 397
591	591	(3) If the person fails to comply with the directives of 398
592	592	the court within the 30-day period, or, in non -IV-D cases, fails 399
593	593	to comply with the requirements of s. 61.13016 within the period 400
594	594
595	595	HB 921 2023
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0921-00
601	601	Page 17 of 26
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	specified in that statute, the depository or the clerk of the 401
607	607	court must electronically notify the department of such failure 402
608	608	within 10 days. Upon electronic receipt of the notice, the 403
609	609	department shall immediately issue an order suspending the 404
610	610	person's driver license and privilege to drive effective 20 days 405
611	611	after the date the order of suspension is mailed in accordance 406
612	612	with s. 322.251(1), (2), and (6). The order of suspension must 407
613	613	also contain information specifying that the person may contact 408
614	614	the clerk of the court to establish a payment plan pursuant to 409
615	615	s. 28.246(4) to make monthly partial payments for fines, fees, 410
616	616	service charges, and court costs. 411
617	617	(4) After suspension of the driver license of a person 412
618	618	pursuant to subsection (1), subsection (2), or subsection (3), 413
619	619	the license may not be reinstated until the person complies with 414
620	620	all court directives imposed upon him or her, includi ng payment 415
621	621	of the delinquency fee imposed by subsection (1), and presents 416
622	622	certification of such compliance to a driver licensing office 417
623	623	and complies with the requirements of this chapter or, in the 418
624	624	case of a license suspended for nonpayment of child suppor t in 419
625	625	non-IV-D cases, until the person complies with the reinstatement 420
626	626	provisions of s. 322.058 and makes payment of the delinquency 421
627	627	fee imposed by subsection (2). 422
628	628	(5)(a) A person whose driver license was suspended before 423
629	629	July 1, 2023, pursuant to this se ction solely for nonpayment of 424
630	630	fines, fees, or court costs other than those fines, fees, or 425
631	631
632	632	HB 921 2023
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0921-00
638	638	Page 18 of 26
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	costs incurred as a result of being charged with one of the 426
644	644	offenses specified in s. 318.17(1) -(4), if otherwise eligible, 427
645	645	may apply to have his or her driver licen se reinstated upon 428
646	646	payment of a single service fee imposed under s. 322.29. The 429
647	647	clerk of the court shall submit to the department a list of 430
648	648	individuals whose driver licenses are to be reinstated pursuant 431
649	649	to this section no later August 1, 2023. 432
650	650	(b) When the department receives notice from a clerk of 433
651	651	the court that a person licensed to operate a motor vehicle in 434
652	652	this state under the provisions of this chapter has failed to 435
653	653	pay financial obligations , in full or in part under a payment 436
654	654	plan established pursu ant to s. 28.246(4), for any criminal 437
655	655	offense enumerated in s. 318.17(1) -(4) other than those 438
656	656	specified in subsection (1), in full or in part under a payment 439
657	657	plan pursuant to s. 28.246(4) , the department must suspend the 440
658	658	license of the person named in the notice. The department shall 441
659	659	mail an order of suspension in accordance with s. 322.251(1), 442
660	660	(2), and (6), which must also contain information specifying 443
661	661	that the person may contact the clerk of the court to establish 444
662	662	a payment plan pursuant to s. 28.246(4) to make monthly partial 445
663	663	payments for fines, fees, service charges, and court costs. 446
664	664	(c)(b) The department must reinstate the driving privilege 447
665	665	when the clerk of the court provides an affidavit to the 448
666	666	department stating that: 449
667	667	1. The person has satisfied the financial obligation in 450
668	668
669	669	HB 921 2023
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0921-00
675	675	Page 19 of 26
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	full or made all payments currently due under a payment plan; 451
681	681	2. The person has entered into a written agreement for 452
682	682	payment of the financial obligation if not presently enrolled in 453
683	683	a payment plan; or 454
684	684	3. A court has entered an order granting relief to the 455
685	685	person ordering the reinstatement of the license. 456
686	686	(d)(c) The department may shall not be held liable for any 457
687	687	license suspension resulting from the discharge of its duties 458
688	688	under this section. 459
689	689	Section 5. Subsection (2) of section 322.29, Florida 460
690	690	Statutes, is amended to read: 461
691	691	322.29 Surrender and return of license. — 462
692	692	(2) Notwithstanding subsection (1), an examination is not 463
693	693	required for the return of a license suspended under s. 318.15 464
694	694	or s. 322.245 unless an examinati on is otherwise required by 465
695	695	this chapter. A person applying for the return of a license 466
696	696	suspended under s. 318.15 or s. 322.245 must present to the 467
697	697	department certification from the clerk of the court that he or 468
698	698	she has complied with all obligations and pe nalties imposed 469
699	699	pursuant to s. 318.15 or, in the case of a suspension pursuant 470
700	700	to s. 322.245, that he or she has complied with all directives 471
701	701	of the court and the requirements of s. 322.245 and must shall 472
702	702	pay to the department a single nonrefundable servic e fee of $60, 473
703	703	of which $37.50 shall be deposited into the General Revenue Fund 474
704	704	and $22.50 shall be deposited into the Highway Safety Operating 475
705	705
706	706	HB 921 2023
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0921-00
712	712	Page 20 of 26
713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	Trust Fund. If reinstated by the clerk of the court or tax 476
718	718	collector, $37.50 must shall be retained and $22.50 must shall 477
719	719	be remitted to the Department of Revenue for deposit into the 478
720	720	Highway Safety Operating Trust Fund. However, the service fee is 479
721	721	not required if the person is required to pay a $45 fee or $75 480
722	722	fee under s. 322.21(8). 481
723	723	Section 6. Paragraph (i) of s ubsection (5) of section 482
724	724	27.52, Florida Statutes, is amended to read: 483
725	725	27.52 Determination of indigent status. — 484
726	726	(5) INDIGENT FOR COSTS. —A person who is eligible to be 485
727	727	represented by a public defender under s. 27.51 but who is 486
728	728	represented by private coun sel not appointed by the court for a 487
729	729	reasonable fee as approved by the court or on a pro bono basis, 488
730	730	or who is proceeding pro se, may move the court for a 489
731	731	determination that he or she is indigent for costs and eligible 490
732	732	for the provision of due process serv ices, as prescribed by ss. 491
733	733	29.006 and 29.007, funded by the state. 492
734	734	(i) A defendant who is found guilty of a criminal act by a 493
735	735	court or jury or enters a plea of guilty or nolo contendere and 494
736	736	who received due process services after being found indigent for 495
737	737	costs under this subsection is liable for payment of due process 496
738	738	costs expended by the state. 497
739	739	1. The attorney representing the defendant, or the 498
740	740	defendant if he or she is proceeding pro se, shall provide an 499
741	741	accounting to the court delineating all costs paid or to be paid 500
742	742
743	743	HB 921 2023
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0921-00
749	749	Page 21 of 26
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	by the state within 90 days after disposition of the case 501
755	755	notwithstanding any appeals. 502
756	756	2. The court shall issue an order determining the amount 503
757	757	of all costs paid by the state and any costs for which 504
758	758	prepayment was waived under this sec tion or s. 57.081. The clerk 505
759	759	shall cause a certified copy of the order to be recorded in the 506
760	760	official records of the county, at no cost. The recording 507
761	761	constitutes a lien against the person in favor of the state in 508
762	762	the county in which the order is recorded. The lien may be 509
763	763	enforced in the same manner prescribed in s. 938.29. 510
764	764	3. If the attorney or the pro se defendant fails to 511
765	765	provide a complete accounting of costs expended by the state and 512
766	766	consequently costs are omitted from the lien, the attorney or 513
767	767	pro se defendant may not receive reimbursement or any other form 514
768	768	of direct or indirect payment for those costs if the state has 515
769	769	not paid the costs. The attorney or pro se defendant must shall 516
770	770	repay the state for those costs if the state has already paid 517
771	771	the costs. The clerk of the court may establish a payment plan 518
772	772	under s. 28.246 and may charge the attorney or pro se defendant 519
773	773	a one-time administrative processing charge under s. 520
774	774	28.24(27)(b) s. 28.24(27)(c). 521
775	775	Section 7. Subsection (1) of section 34.191, Flor ida 522
776	776	Statutes, is amended to read: 523
777	777	34.191 Fines and forfeitures; dispositions. — 524
778	778	(1) All fines and forfeitures arising from offenses tried 525
779	779
780	780	HB 921 2023
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0921-00
786	786	Page 22 of 26
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	in the county court must shall be collected and accounted for by 526
792	792	the clerk of the court and, other than the charge provided in s. 527
793	793	318.1215, disbursed in accordance with ss. 28.2402, 34.045, 528
794	794	142.01, and 142.03 and subject to s. 28.246(6) and (7) the 529
795	795	provisions of s. 28.246(5) and (6) . Notwithstanding the 530
796	796	provisions of this section, all fines and forfeitures arising 531
797	797	from operation of the provisions of s. 318.1215 must shall be 532
798	798	disbursed in accordance with that section. 533
799	799	Section 8. Subsection (6) of section 57.082, Florida 534
800	800	Statutes, is amended to read: 535
801	801	57.082 Determination of civil indigent status. — 536
802	802	(6) PROCESSING CHARGE; PAYMENT PLANS. —A person who the 537
803	803	clerk or the court determines is indigent for civil proceedings 538
804	804	under this section must shall be enrolled in a payment plan 539
805	805	under s. 28.246 and must shall be charged a one-time 540
806	806	administrative processing charge under s. 28.24(27)(b) s. 541
807	807	28.24(27)(c). A monthly payment amount, calculated based upon 542
808	808	all fees and all anticipated costs, is presumed to correspond to 543
809	809	the person's ability to pay if it does not exceed 2 percent of 544
810	810	the person's annual net income, as defined in subsection (1), 545
811	811	divided by 12. The person may seek review of the clerk's 546
812	812	decisions regarding a payment plan established under s. 28.246 547
813	813	in the court having jurisdiction o ver the matter. A case may not 548
814	814	be impeded in any way, delayed in filing, or delayed in its 549
815	815	progress, including the final hearing and order, due to 550
816	816
817	817	HB 921 2023
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0921-00
823	823	Page 23 of 26
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	nonpayment of any fees or costs by an indigent person. Filing 551
829	829	fees waived from payment under s. 57.081 may no t be included in 552
830	830	the calculation related to a payment plan established under this 553
831	831	section. 554
832	832	Section 9. Subsection (8) of section 320.03, Florida 555
833	833	Statutes, is amended to read: 556
834	834	320.03 Registration; duties of tax collectors; 557
835	835	International Registration Pl an.— 558
836	836	(8) If the applicant's name appears on the list referred 559
837	837	to in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 560
838	838	713.78(13), a license plate or revalidation sticker may not be 561
839	839	issued until that person's name no longer appears on the list or 562
840	840	until the person presents a receipt from the governmental entity 563
841	841	or the clerk of court that provided the data showing that the 564
842	842	fines outstanding have been paid. This subsection does not apply 565
843	843	to the owner of a leased vehicle if the vehicle is registered in 566
844	844	the name of the lessee of the vehicle. The tax collector and the 567
845	845	clerk of the court are each entitled to receive monthly, as 568
846	846	costs for implementing and administering this subsection, 10 569
847	847	percent of the civil penalties and fines recovered from such 570
848	848	persons. As used in this subsection, the term "civil penalties 571
849	849	and fines" does not include a wrecker operator's lien as 572
850	850	described in s. 713.78(13). If the tax collector has private tag 573
851	851	agents, such tag agents are entitled to receive a pro rata share 574
852	852	of the amount paid t o the tax collector, based upon the 575
853	853
854	854	HB 921 2023
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0921-00
860	860	Page 24 of 26
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	percentage of license plates and revalidation stickers issued by 576
866	866	the tag agent compared to the total issued within the county. 577
867	867	The authority of any private agent to issue license plates shall 578
868	868	be revoked, after notice and a hearing as provided in chapter 579
869	869	120, if he or she issues any license plate or revalidation 580
870	870	sticker contrary to the provisions of this subsection. This 581
871	871	section applies both to the annual renewal of a motor vehicle 582
872	872	registration and the replacement of the m otor vehicle 583
873	873	registration or license plate, but does not apply to the 584
874	874	transfer of a registration of a motor vehicle sold by a motor 585
875	875	vehicle dealer licensed under this chapter, except for the 586
876	876	transfer of registrations which includes the annual renewals. 587
877	877	This section does not affect the issuance of the title to a 588
878	878	motor vehicle, notwithstanding s. 319.23(8)(b). 589
879	879	Section 10. For the purpose of incorporating the amendment 590
880	880	made by this act to section 28.246(4), Florida Statutes, in a 591
881	881	reference thereto, section 318.20, Florida Statutes, is 592
882	882	reenacted to read: 593
883	883	318.20 Notification; duties of department. —The department 594
884	884	shall prepare a notification form to be appended to, or 595
885	885	incorporated as a part of, the Florida uniform traffic citation 596
886	886	issued in accordance with s . 316.650. The notification form must 597
887	887	contain language informing persons charged with infractions to 598
888	888	which this chapter applies of the procedures available to them 599
889	889	under this chapter. Such notification form must contain a 600
890	890
891	891	HB 921 2023
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0921-00
897	897	Page 25 of 26
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	statement that, if the official de termines that no infraction 601
903	903	has been committed, no costs or penalties may be imposed and any 602
904	904	costs or penalties that have been paid will be returned. 603
905	905	Additionally, the notification form must include information on 604
906	906	paying the civil penalty to the clerk of t he court and the 605
907	907	ability to establish a payment plan pursuant to s. 28.246(4). A 606
908	908	uniform traffic citation that is produced electronically must 607
909	909	also include the information required by this section. 608
910	910	Section 11. For the purpose of incorporating the amend ment 609
911	911	made by this act to section 28.246(4), Florida Statutes, in a 610
912	912	reference thereto, subsection (3) of section 775.083, Florida 611
913	913	Statutes, is reenacted to read: 612
914	914	775.083 Fines.— 613
915	915	(3) The clerk of the court of each county is the entity 614
916	916	responsible for collecting payment of fines, fees, service 615
917	917	charges, and court costs. Unless otherwise designated by the 616
918	918	court, a person who has been ordered to pay court obligations 617
919	919	under this section shall immediately contact the clerk to pay 618
920	920	fines, fees, service charges, a nd court costs in full or to 619
921	921	apply for enrollment in a payment plan pursuant to s. 28.246(4). 620
922	922	Section 12. For the purpose of incorporating the amendment 621
923	923	made by this act to section 28.246(4), Florida Statutes, in a 622
924	924	reference thereto, paragraph (a) of s ubsection (2) of section 623
925	925	938.27, Florida Statutes, is reenacted to read: 624
926	926	938.27 Judgment for costs of prosecution and 625
927	927
928	928	HB 921 2023
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0921-00
934	934	Page 26 of 26
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	investigation.— 626
940	940	(2)(a) The court shall impose the costs of prosecution and 627
941	941	investigation notwithstanding the defendant's present abili ty to 628
942	942	pay. The court shall require the defendant to pay the costs 629
943	943	within a specified period or pursuant to a payment plan under s. 630
944	944	28.246(4). 631
945	945	Section 13. This act shall take effect July 1, 2023. 632