Florida 2024 Regular Session

Florida House Bill H1111 Compare Versions

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

Old	New	Differences
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3	3	HB 1111 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1111-00
9	9	Page 1 of 19
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 sending a notice to the 18
32	32	Department of Highway Safety and Motor Vehicles to 19
33	33	suspend an incarcerated individual's driver license; 20
34	34	providing for the early termination of a payment plan 21
35	35	for an indigent individual if certain conditions 22
36	36	exist; authorizing the clerk to send certain notices; 23
37	37	conforming a cross-reference; conforming provisions to 24
38	38	changes made by the act; amending ss. 318.15 and 25
39	39
40	40	HB 1111 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1111-00
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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
48	48
49	49
50	50
51	51	322.245, F.S.; conforming provisions to changes made 26
52	52	by the act; amending s. 322.29, F.S.; specifying that 27
53	53	a single service fee should be collected when a 28
54	54	license is reinstated after certain conditions are 29
55	55	met; making technical changes; amending ss. 27.52, 30
56	56	34.191, and 57.082, F.S.; conforming cross -references; 31
57	57	making technical changes; reenacting ss. 318.20, 32
58	58	775.083(3), and 938.27(2)(a), F.S., relating to 33
59	59	notification, fines, and judgments for costs of 34
60	60	prosecution and investigation, respectively, to 35
61	61	incorporate the amendments made to s. 28.246, F.S., in 36
62	62	references thereto; providing an effective date. 37
63	63	38
64	64	Be It Enacted by the Legislature of the State of Florida: 39
65	65	40
66	66	Section 1. Subsection (27) of section 28.24, Florida 41
67	67	Statutes, is amended to read: 42
68	68	28.24 Service charges. —The clerk of the circuit court 43
69	69	shall charge for services rendered manually or electronically by 44
70	70	the clerk's office in recording documents and instruments and in 45
71	71	performing other specified duties. These charges may not exceed 46
72	72	those specified in this section, except as provided in s. 47
73	73	28.345. 48
74	74	(27)(a) For receiving and disbursing all restitution 49
75	75	payments, per payment: 3.50, from which the clerk shall remit 50
76	76
77	77	HB 1111 2024
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1111-00
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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
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86	86
87	87
88	88	0.50 per payment to the Department of Revenue for deposit into 51
89	89	the General Revenue Fund. 52
90	90	(b) For receiving and disbursing all partial payments, 53
91	91	other than restitution payments, for which an administrative 54
92	92	processing service charge is not imposed pursuant to s. 28.246, 55
93	93	per month: 5.00. 56
94	94	(c) For setting up a payment plan, a one -time 57
95	95	administrative processing charge of in lieu of a per month 58
96	96	charge under paragraph (b): 25.00. The charge may be paid in 59
97	97	five equal monthly payments of 5.00. 60
98	98	Section 2. Section 28.246, Florida Statutes, is amended to 61
99	99	read: 62
100	100	28.246 Payment of court -related fines or other monetary 63
101	101	penalties, fees, charges, and costs; monthly partial payments; 64
102	102	community service; distribution of funds. — 65
103	103	(1) The clerk of the circuit court shall report the 66
104	104	following information to the Legislature and the Florida Clerks 67
105	105	of Court Operations Corporation on a form, and using guidelines 68
106	106	developed by the clerks of court, through their association and 69
107	107	in consultation with the Office of the State Courts 70
108	108	Administrator: 71
109	109	(a) The total amount of mandatory fees, service charges, 72
110	110	and costs assessed; the total amount underassessed, if any, 73
111	111	which is the amount less than the minimum amount required by law 74
112	112	to be assessed; and the total amount collected. 75
113	113
114	114	HB 1111 2024
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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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125	125	(b) The total amount of discretionary fees, service 76
126	126	charges, and costs assessed and the total amount collected. 77
127	127	(c) The total amount of mandatory fines and oth er monetary 78
128	128	penalties assessed; the total amount underassessed, if any, 79
129	129	which is the amount less than the minimum amount required by law 80
130	130	to be assessed; and the total amount collected. 81
131	131	(d) The total amount of discretionary fines and other 82
132	132	monetary penalties assessed and the total amount collected. 83
133	133	84
134	134	The clerk, in reporting to the Legislature and corporation, 85
135	135	shall separately identify the monetary amount assessed and 86
136	136	subsequently discharged or converted to community service, to a 87
137	137	judgment or lien, or to time served. The form developed by the 88
138	138	clerks must shall include separate entries for recording the 89
139	139	amount discharged and the amount converted. If a court waives, 90
140	140	suspends, or reduces an assessment as authorized by law, the 91
141	141	portion waived, suspended, or reduced may not be deemed assessed 92
142	142	or underassessed for purposes of the reporting requirements of 93
143	143	this section. The clerk also shall report a collection rate for 94
144	144	mandatory and discretionary assessments. In calculating the 95
145	145	rate, the clerk shall deduct amounts discharged or converted 96
146	146	from the amount assessed . The clerk shall submit the report on 97
147	147	an annual basis 90 days after the end of the county fiscal year. 98
148	148	The clerks and the courts shall develop by October 1, 2012, the 99
149	149	form and guidelines to govern the accurate and consistent 100
150	150
151	151	HB 1111 2024
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153	153
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1111-00
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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	reporting statewide of assessm ents as provided in this section. 101
163	163	The clerk shall use the new reporting form and guidelines in 102
164	164	submitting the report for the county fiscal year ending 103
165	165	September 30, 2013, and for each year thereafter. 104
166	166	(2) The clerk of the circuit court shall establish an d 105
167	167	maintain a system of accounts receivable for court -related fees, 106
168	168	charges, and costs. 107
169	169	(3) Court costs, fines, and other dispositional 108
170	170	assessments shall be enforced by order of the courts, collected 109
171	171	by the clerks of the circuit and county courts, and dis bursed in 110
172	172	accordance with authorizations and procedures as established by 111
173	173	general law. 112
174	174	(4)(a) Each clerk of the circuit court shall accept 113
175	175	monthly partial payments for each case type for court -related 114
176	176	fees, service charges, court costs, and fines electronically, by 115
177	177	mail, or in person in accordance with the terms of the an 116
178	178	established uniform payment plan form developed by the clerk . 117
179	179	(b) An individual seeking to defer payment of fees, 118
180	180	service charges, court costs, or fines imposed by operation of 119
181	181	law or order of the court under any provision of general law 120
182	182	must shall apply to the clerk for enrollment in a payment plan. 121
183	183	The clerk must shall enter into a payment plan with an 122
184	184	individual who the court determines is indigent for costs. If an 123
185	185	individual is not in custody, the plan must provide a 30 -day 124
186	186	grace period for the person to make the first payment. It is the 125
187	187
188	188	HB 1111 2024
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1111-00
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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	responsibility of an individual who is released from 126
200	200	incarceration and has outstanding court obligations to contact 127
201	201	the clerk within 30 days after r elease to pay fees, service 128
202	202	charges, court costs, and fines in full, or to apply for 129
203	203	enrollment in a payment plan. If an individual is released from 130
204	204	incarceration, the plan must provide a 90 -day grace period from 131
205	205	the day of release for the person to make t he first payment. 132
206	206	1. A monthly payment amount, calculated based upon all 133
207	207	fees and all anticipated fees, service charges, court costs, and 134
208	208	fines, is presumed to correspond to the person's ability to pay 135
209	209	if the amount does not exceed the greater of: 136
210	210	a. Two percent of the person's annual net income, as 137
211	211	defined in s. 27.52(1), divided by 12; or 138
212	212	b. Twenty-five dollars. 139
213	213	2. Any amount required by the clerk as down payment to 140
214	214	initially establish a payment plan shall be the lesser of 10 141
215	215	percent of the total amount owed or $100. The amount does not 142
216	216	include the imposition of a service charge pursuant to s. 143
217	217	28.24(27)(b), and both the service charge and down payment may 144
218	218	be paid monthly as provided in s. 28.24(27)(b) or (c). The clerk 145
219	219	shall establish all terms of a payment plan, and the court may , 146
220	220	on its own motion or by petition, review and modify the 147
221	221	reasonableness of the payment plan or reduce, waive, or convert 148
222	222	to community service the outstanding fees, service charges, 149
223	223	costs, or fines. Nothing in this subparag raph shall be construed 150
224	224
225	225	HB 1111 2024
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1111-00
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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
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234	234
235	235
236	236	to allow or waive restitution or child support . 151
237	237	3. If a county has more than one case open for an 152
238	238	individual against whom fines, service charges, fees, or court 153
239	239	costs have been assessed, the monthly payment plan must include 154
240	240	the amounts assessed for all of the cases. 155
241	241	(c) If an individual is incarcerated, the clerk may not 156
242	242	refer the individual's account to collections as provided in 157
243	243	subsection (7) or send a notice to the Department of Highway 158
244	244	Safety and Motor Vehicles to suspend t he individual's driver 159
245	245	license for nonpayment or failure to comply with the terms of a 160
246	246	payment plan. 161
247	247	(5) An individual who is indigent as described in s. 162
248	248	27.52(2), an individual who receives public assistance as 163
249	249	defined in s. 409.2554, or an individual w hose income is below 164
250	250	200 percent of the federal poverty level based on the current 165
251	251	year's federal poverty guidelines may petition the court to 166
252	252	declare that the financial obligations under the payment plan 167
253	253	have been met and to terminate the payment plan if, up to the 168
254	254	date of the petition, the individual made timely payments for: 169
255	255	(a) Twelve consecutive months for any financial obligation 170
256	256	that was $500 or less; 171
257	257	(b) Twenty-four consecutive months for any financial 172
258	258	obligation that was more than $500, but les s than or equal to 173
259	259	$1,000; or 174
260	260	(c) Thirty-six consecutive months for any financial 175
261	261
262	262	HB 1111 2024
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265	265
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	obligation that was greater than $1,000. 176
274	274	(6)(a) The clerk may send notices electronically or by 177
275	275	mail to remind an individual of an upcoming or missed payment. 178
276	276	(b) When receiving monthly partial payment of fees, 179
277	277	service charges, court costs, and fines, clerks shall distribute 180
278	278	funds according to the following order of priority: 181
279	279	1.(a) That portion of fees, service charges, court costs, 182
280	280	and fines to be remitted to the state for deposit into the 183
281	281	General Revenue Fund. 184
282	282	2.(b) That portion of fees, service charges, court costs, 185
283	283	and fines required to be retained by the clerk of the court o r 186
284	284	deposited into the Clerks of the Court Trust Fund within the 187
285	285	Department of Revenue. 188
286	286	3.(c) That portion of fees, service charges, court costs, 189
287	287	and fines payable to state trust funds, allocated on a pro rata 190
288	288	basis among the various authorized funds if th e total collection 191
289	289	amount is insufficient to fully fund all such funds as provided 192
290	290	by law. 193
291	291	4.(d) That portion of fees, service charges, court costs, 194
292	292	and fines payable to counties, municipalities, or other local 195
293	293	entities, allocated on a pro rata basis amo ng the various 196
294	294	authorized recipients if the total collection amount is 197
295	295	insufficient to fully fund all such recipients as provided by 198
296	296	law. 199
297	297	200
298	298
299	299	HB 1111 2024
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302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
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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	To offset processing costs, clerks may impose either a per-month 201
311	311	service charge pursuant to s. 28.24(27)(b) or a one-time 202
312	312	administrative processing service charge at the inception of the 203
313	313	payment plan pursuant to s. 28.24(27)(b) s. 28.24(27)(c). 204
314	314	(7)(6) A clerk of court shall pursue the collection of any 205
315	315	fees, service charges, fines, court costs, and liens for the 206
316	316	payment of attorney fees and costs pursuant to s. 938.29 which 207
317	317	remain unpaid after 90 days , except for an individual who is 208
318	318	incarcerated, by referring the account to a private attorney who 209
319	319	is a member in good standing of The Florida Bar or collection 210
320	320	agent who is registered and in good standing pursuant to chapter 211
321	321	559. In pursuing the collection of such unpaid financial 212
322	322	obligations through a private attorney or collection agent, the 213
323	323	clerk of the court must have attempted to collect the unpaid 214
324	324	amount through a col lection court, collections docket, or other 215
325	325	collections process, if any, established by the court, find this 216
326	326	to be cost-effective and follow any applicable procurement 217
327	327	practices. The collection fee, including any reasonable attorney 218
328	328	attorney's fee, paid to any attorney or collection agent 219
329	329	retained by the clerk may be added to the balance owed in an 220
330	330	amount not to exceed 40 percent of the amount owed at the time 221
331	331	the account is referred to the attorney or agent for collection. 222
332	332	The clerk shall give the private attorney or collection agent 223
333	333	the application for the appointment of court -appointed counsel 224
334	334	regardless of whether the court file is otherwise confidential 225
335	335
336	336	HB 1111 2024
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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	from disclosure. 226
348	348	Section 3. Paragraph (a) of subsection (1) and subsection 227
349	349	(2) of section 318.15, Florida Statutes, are amended to read: 228
350	350	318.15 Failure to comply with civil penalty or to appear; 229
351	351	penalty.— 230
352	352	(1)(a) If a person fails to comply with the civil 231
353	353	penalties provided in s. 318.18 within the time period specified 232
354	354	in s. 318.14(4), fails to ent er into or comply with the terms of 233
355	355	a penalty payment plan with the clerk of the court in accordance 234
356	356	with ss. 318.14 and 28.246, fails to attend driver improvement 235
357	357	school, or fails to appear at a scheduled hearing, the clerk of 236
358	358	the court must notify the De partment of Highway Safety and Motor 237
359	359	Vehicles of such failure within 10 days after such failure. Upon 238
360	360	receipt of such notice, the department must immediately issue an 239
361	361	order suspending the driver license and privilege to drive of 240
362	362	such person effective 20 da ys after the date the order of 241
363	363	suspension is mailed in accordance with s. 322.251(1), (2), and 242
364	364	(6). The order also must inform the person that he or she may 243
365	365	contact the clerk of the court to establish a payment plan 244
366	366	pursuant to s. 28.246(4) to make monthly partial payments for 245
367	367	court-related fines, fees, service charges, and court costs. Any 246
368	368	such suspension of the driving privilege which has not been 247
369	369	reinstated, including a similar suspension imposed outside of 248
370	370	this state, must remain on the records of the d epartment for a 249
371	371	period of 7 years from the date imposed and must be removed from 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	the records after the expiration of 7 years from the date it is 251
385	385	imposed. The department may not accept the resubmission of such 252
386	386	suspension. 253
387	387	(2) After the suspension of a per son's driver license and 254
388	388	privilege to drive under subsection (1), the license and 255
389	389	privilege may not be reinstated until the person complies with 256
390	390	the terms of a periodic payment plan or a revised payment plan 257
391	391	with the clerk of the court pursuant to ss. 318. 14 and 28.246 or 258
392	392	with all obligations and penalties imposed under s. 318.18 and 259
393	393	presents to a driver license office a certificate of compliance 260
394	394	issued by the court, together with a single nonrefundable 261
395	395	service fee charge of $60 imposed under s. 322.29, or presents a 262
396	396	certificate of compliance and pays the service fee charge to the 263
397	397	clerk of the court or a driver licensing agent authorized under 264
398	398	s. 322.135 clearing such suspension. Of the charge collected, 265
399	399	$22.50 shall be remitted to the Department of Revenue to be 266
400	400	deposited into the Highway Safety Operating Trust Fund. Such 267
401	401	person must also be in compliance with requirements of chapter 268
402	402	322 before reinstatement. 269
403	403	Section 4. Subsections (2) and (3) and paragraphs (a) and 270
404	404	(c) of subsection (5) of section 322.2 45, Florida Statutes, are 271
405	405	amended to read: 272
406	406	322.245 Suspension of license upon failure of person 273
407	407	charged with specified offenses offense under chapter 316, 274
408	408	chapter 320, or this chapter to comply with directives ordered 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	by traffic court or upon failure to pay child support in non -IV-276
422	422	D cases as provided in chapter 61 or failure to pay any 277
423	423	financial obligation in any other criminal case. — 278
424	424	(2) In non-IV-D cases, if a person fails to pay child 279
425	425	support under chapter 61 and the obligee so requests, the 280
426	426	depository or the clerk of the court must shall mail in 281
427	427	accordance with s. 61.13016 the notice specified in that 282
428	428	section, notifying him or her that if he or she does not comply 283
429	429	with the requirements of that section and pay a delinquency fee 284
430	430	of $25 to the depositor y or the clerk, his or her driver license 285
431	431	and motor vehicle registration will be suspended. The 286
432	432	delinquency fee may be retained by the depository or the office 287
433	433	of the clerk to defray the operating costs of the office after 288
434	434	the clerk remits $15 to the Depar tment of Revenue for deposit 289
435	435	into the General Revenue Fund. 290
436	436	(3) If the person fails to comply with the directives of 291
437	437	the court within the 30 -day period, or, in non -IV-D cases, fails 292
438	438	to comply with the requirements of s. 61.13016 within the period 293
439	439	specified in that statute, the depository or the clerk of the 294
440	440	court must electronically notify the department of such failure 295
441	441	within 10 days. Upon electronic receipt of the notice, the 296
442	442	department shall immediately issue an order suspending the 297
443	443	person's driver license and privilege to drive effective 20 days 298
444	444	after the date the order of suspension is mailed in accordance 299
445	445	with s. 322.251(1), (2), and (6). The order of suspension must 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	also contain information specifying that the person may contact 301
459	459	the clerk of the cou rt to establish a payment plan pursuant to 302
460	460	s. 28.246(4) to make monthly partial payments for fines, fees, 303
461	461	service charges, and court costs. 304
462	462	(5)(a) When the department receives notice from a clerk of 305
463	463	the court that a person licensed to operate a motor veh icle in 306
464	464	this state under the provisions of this chapter has failed to 307
465	465	pay financial obligations for any criminal offense other than 308
466	466	those specified in subsection (1), in full or in part under a 309
467	467	payment plan pursuant to s. 28.246(4), the department must 310
468	468	suspend the license of the person named in the notice. The 311
469	469	department shall mail an order of suspension in accordance with 312
470	470	s. 322.251(1), (2), and (6), which must also contain information 313
471	471	specifying that the person may contact the clerk of the court to 314
472	472	establish a payment plan pursuant to s. 28.246(4) to make 315
473	473	monthly partial payments for fines, fees, service charges, and 316
474	474	court costs. 317
475	475	(c) The department may shall not be held liable for any 318
476	476	license suspension resulting from the discharge of its duties 319
477	477	under this section. 320
478	478	Section 5. Subsection (2) of section 322.29, Florida 321
479	479	Statutes, is amended to read: 322
480	480	322.29 Surrender and return of license. — 323
481	481	(2) Notwithstanding subsection (1), an examination is not 324
482	482	required for the return of a license suspended under s . 318.15 325
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	or s. 322.245 unless an examination is otherwise required by 326
496	496	this chapter. A person applying for the return of a license 327
497	497	suspended under s. 318.15 or s. 322.245 must present to the 328
498	498	department certification from the clerk of the court that he or 329
499	499	she has complied with all obligations and penalties imposed 330
500	500	pursuant to s. 318.15 or, in the case of a suspension pursuant 331
501	501	to s. 322.245, that he or she has complied with all directives 332
502	502	of the court and the requirements of s. 322.245 and must shall 333
503	503	pay to the department a single nonrefundable service fee of $60, 334
504	504	of which $37.50 shall be deposited into the General Revenue Fund 335
505	505	and $22.50 shall be deposited into the Highway Safety Operating 336
506	506	Trust Fund. If reinstated by the clerk of the court or tax 337
507	507	collector, $37.50 must shall be retained and $22.50 must shall 338
508	508	be remitted to the Department of Revenue for deposit into the 339
509	509	Highway Safety Operating Trust Fund. However, the service fee is 340
510	510	not required if the person is required to pay a $45 fee or $75 341
511	511	fee under s. 322.21(8). 342
512	512	Section 6. Paragraph (i) of subsection (5) of section 343
513	513	27.52, Florida Statutes, is amended to read: 344
514	514	27.52 Determination of indigent status. — 345
515	515	(5) INDIGENT FOR COSTS. —A person who is eligible to be 346
516	516	represented by a public defender under s. 27.51 but who is 347
517	517	represented by private counsel not appointed by the court for a 348
518	518	reasonable fee as approved by the court or on a pro bono basis, 349
519	519	or who is proceeding pro se, may move the court for a 350
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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
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532	532	determination that he or she is indigent for costs and eligible 351
533	533	for the provision of due process services, as prescribed by ss. 352
534	534	29.006 and 29.007, funded by the state. 353
535	535	(i) A defendant who is found guilty of a crim inal act by a 354
536	536	court or jury or enters a plea of guilty or nolo contendere and 355
537	537	who received due process services after being found indigent for 356
538	538	costs under this subsection is liable for payment of due process 357
539	539	costs expended by the state. 358
540	540	1. The attorney representing the defendant, or the 359
541	541	defendant if he or she is proceeding pro se, shall provide an 360
542	542	accounting to the court delineating all costs paid or to be paid 361
543	543	by the state within 90 days after disposition of the case 362
544	544	notwithstanding any appeals. 363
545	545	2. The court shall issue an order determining the amount 364
546	546	of all costs paid by the state and any costs for which 365
547	547	prepayment was waived under this section or s. 57.081. The clerk 366
548	548	shall cause a certified copy of the order to be recorded in the 367
549	549	official records of t he county, at no cost. The recording 368
550	550	constitutes a lien against the person in favor of the state in 369
551	551	the county in which the order is recorded. The lien may be 370
552	552	enforced in the same manner prescribed in s. 938.29. 371
553	553	3. If the attorney or the pro se defendant fails to 372
554	554	provide a complete accounting of costs expended by the state and 373
555	555	consequently costs are omitted from the lien, the attorney or 374
556	556	pro se defendant may not receive reimbursement or any other form 375
557	557
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567	567
568	568
569	569	of direct or indirect payment for those costs if the s tate has 376
570	570	not paid the costs. The attorney or pro se defendant must shall 377
571	571	repay the state for those costs if the state has already paid 378
572	572	the costs. The clerk of the court may establish a payment plan 379
573	573	under s. 28.246 and may charge the attorney or pro se defe ndant 380
574	574	a one-time administrative processing charge under s. 381
575	575	28.24(27)(b) s. 28.24(27)(c). 382
576	576	Section 7. Subsection (1) of section 34.191, Florida 383
577	577	Statutes, is amended to read: 384
578	578	34.191 Fines and forfeitures; dispositions. — 385
579	579	(1) All fines and forfeitures a rising from offenses tried 386
580	580	in the county court must shall be collected and accounted for by 387
581	581	the clerk of the court and, other than the charge provided in s. 388
582	582	318.1215, disbursed in accordance with ss. 28.2402, 34.045, 389
583	583	142.01, and 142.03 and subject to s. 28.246(6) and (7) the 390
584	584	provisions of s. 28.246(5) and (6) . Notwithstanding the 391
585	585	provisions of this section, all fines and forfeitures arising 392
586	586	from operation of the provisions of s. 318.1215 must shall be 393
587	587	disbursed in accordance with that section. 394
588	588	Section 8. Subsection (6) of section 57.082, Florida 395
589	589	Statutes, is amended to read: 396
590	590	57.082 Determination of civil indigent status. — 397
591	591	(6) PROCESSING CHARGE; PAYMENT PLANS. —A person who the 398
592	592	clerk or the court determines is indigent for civil proceedings 399
593	593	under this section must shall be enrolled in a payment plan 400
594	594
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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
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605	605
606	606	under s. 28.246 and must shall be charged a one-time 401
607	607	administrative processing charge under s. 28.24(27)(b) s. 402
608	608	28.24(27)(c). A monthly payment amount, calculated based upon 403
609	609	all fees and all anticipated costs , is presumed to correspond to 404
610	610	the person's ability to pay if it does not exceed 2 percent of 405
611	611	the person's annual net income, as defined in subsection (1), 406
612	612	divided by 12. The person may seek review of the clerk's 407
613	613	decisions regarding a payment plan establis hed under s. 28.246 408
614	614	in the court having jurisdiction over the matter. A case may not 409
615	615	be impeded in any way, delayed in filing, or delayed in its 410
616	616	progress, including the final hearing and order, due to 411
617	617	nonpayment of any fees or costs by an indigent person. Filing 412
618	618	fees waived from payment under s. 57.081 may not be included in 413
619	619	the calculation related to a payment plan established under this 414
620	620	section. 415
621	621	Section 9. For the purpose of incorporating the amendment 416
622	622	made by this act to section 28.246(4), Florida St atutes, in a 417
623	623	reference thereto, section 318.20, Florida Statutes, is 418
624	624	reenacted to read: 419
625	625	318.20 Notification; duties of department. —The department 420
626	626	shall prepare a notification form to be appended to, or 421
627	627	incorporated as a part of, the Florida uniform traff ic citation 422
628	628	issued in accordance with s. 316.650. The notification form must 423
629	629	contain language informing persons charged with infractions to 424
630	630	which this chapter applies of the procedures available to them 425
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643	643	under this chapter. Such notification form must conta in a 426
644	644	statement that, if the official determines that no infraction 427
645	645	has been committed, no costs or penalties may be imposed and any 428
646	646	costs or penalties that have been paid will be returned. 429
647	647	Additionally, the notification form must include information on 430
648	648	paying the civil penalty to the clerk of the court and the 431
649	649	ability to establish a payment plan pursuant to s. 28.246(4). A 432
650	650	uniform traffic citation that is produced electronically must 433
651	651	also include the information required by this section. 434
652	652	Section 10. For the purpose of incorporating the amendment 435
653	653	made by this act to section 28.246(4), Florida Statutes, in a 436
654	654	reference thereto, subsection (3) of section 775.083, Florida 437
655	655	Statutes, is reenacted to read: 438
656	656	775.083 Fines.— 439
657	657	(3) The clerk of the court of each c ounty is the entity 440
658	658	responsible for collecting payment of fines, fees, service 441
659	659	charges, and court costs. Unless otherwise designated by the 442
660	660	court, a person who has been ordered to pay court obligations 443
661	661	under this section shall immediately contact the clerk to pay 444
662	662	fines, fees, service charges, and court costs in full or to 445
663	663	apply for enrollment in a payment plan pursuant to s. 28.246(4). 446
664	664	Section 11. For the purpose of incorporating the amendment 447
665	665	made by this act to section 28.246(4), Florida Statutes, in a 448
666	666	reference thereto, paragraph (a) of subsection (2) of section 449
667	667	938.27, Florida Statutes, is reenacted to read: 450
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680	680	938.27 Judgment for costs of prosecution and 451
681	681	investigation.— 452
682	682	(2)(a) The court shall impose the costs of prosecution and 453
683	683	investigation notwit hstanding the defendant's present ability to 454
684	684	pay. The court shall require the defendant to pay the costs 455
685	685	within a specified period or pursuant to a payment plan under s. 456
686	686	28.246(4). 457
687	687	Section 12. This act shall take effect July 1, 2024. 458