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