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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 sending a notice to the 18
Department of Highway Safety and Motor Vehicles to 19
suspend an incarcerated individual's driver license; 20
providing for the early termination of a payment plan 21
for an indigent individual if certain conditions 22
exist; authorizing the clerk to send certain notices; 23
conforming a cross-reference; conforming provisions to 24
changes made by the act; amending ss. 318.15 and 25
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322.245, F.S.; conforming provisions to changes made 26
by the act; amending s. 322.29, F.S.; specifying that 27
a single service fee should be collected when a 28
license is reinstated after certain conditions are 29
met; making technical changes; amending ss. 27.52, 30
34.191, and 57.082, F.S.; conforming cross -references; 31
making technical changes; reenacting ss. 318.20, 32
775.083(3), and 938.27(2)(a), F.S., relating to 33
notification, fines, and judgments for costs of 34
prosecution and investigation, respectively, to 35
incorporate the amendments made to s. 28.246, F.S., in 36
references thereto; providing an effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Subsection (27) of section 28.24, Florida 41
Statutes, is amended to read: 42
28.24 Service charges. —The clerk of the circuit court 43
shall charge for services rendered manually or electronically by 44
the clerk's office in recording documents and instruments and in 45
performing other specified duties. These charges may not exceed 46
those specified in this section, except as provided in s. 47
28.345. 48
(27)(a) For receiving and disbursing all restitution 49
payments, per payment: 3.50, from which the clerk shall remit 50
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0.50 per payment to the Department of Revenue for deposit into 51
the General Revenue Fund. 52
(b) For receiving and disbursing all partial payments, 53
other than restitution payments, for which an administrative 54
processing service charge is not imposed pursuant to s. 28.246, 55
per month: 5.00. 56
(c) For setting up a payment plan, a one -time 57
administrative processing charge of in lieu of a per month 58
charge under paragraph (b): 25.00. The charge may be paid in 59
five equal monthly payments of 5.00. 60
Section 2. Section 28.246, Florida Statutes, is amended to 61
read: 62
28.246 Payment of court -related fines or other monetary 63
penalties, fees, charges, and costs; monthly partial payments; 64
community service; distribution of funds. — 65
(1) The clerk of the circuit court shall report the 66
following information to the Legislature and the Florida Clerks 67
of Court Operations Corporation on a form, and using guidelines 68
developed by the clerks of court, through their association and 69
in consultation with the Office of the State Courts 70
Administrator: 71
(a) The total amount of mandatory fees, service charges, 72
and costs assessed; the total amount underassessed, if any, 73
which is the amount less than the minimum amount required by law 74
to be assessed; and the total amount collected. 75
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(b) The total amount of discretionary fees, service 76
charges, and costs assessed and the total amount collected. 77
(c) The total amount of mandatory fines and oth er monetary 78
penalties assessed; the total amount underassessed, if any, 79
which is the amount less than the minimum amount required by law 80
to be assessed; and the total amount collected. 81
(d) The total amount of discretionary fines and other 82
monetary penalties assessed and the total amount collected. 83
84
The clerk, in reporting to the Legislature and corporation, 85
shall separately identify the monetary amount assessed and 86
subsequently discharged or converted to community service, to a 87
judgment or lien, or to time served. The form developed by the 88
clerks must shall include separate entries for recording the 89
amount discharged and the amount converted. If a court waives, 90
suspends, or reduces an assessment as authorized by law, the 91
portion waived, suspended, or reduced may not be deemed assessed 92
or underassessed for purposes of the reporting requirements of 93
this section. The clerk also shall report a collection rate for 94
mandatory and discretionary assessments. In calculating the 95
rate, the clerk shall deduct amounts discharged or converted 96
from the amount assessed . The clerk shall submit the report on 97
an annual basis 90 days after the end of the county fiscal year. 98
The clerks and the courts shall develop by October 1, 2012, the 99
form and guidelines to govern the accurate and consistent 100
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reporting statewide of assessm ents as provided in this section. 101
The clerk shall use the new reporting form and guidelines in 102
submitting the report for the county fiscal year ending 103
September 30, 2013, and for each year thereafter. 104
(2) The clerk of the circuit court shall establish an d 105
maintain a system of accounts receivable for court -related fees, 106
charges, and costs. 107
(3) Court costs, fines, and other dispositional 108
assessments shall be enforced by order of the courts, collected 109
by the clerks of the circuit and county courts, and dis bursed in 110
accordance with authorizations and procedures as established by 111
general law. 112
(4)(a) Each clerk of the circuit court shall accept 113
monthly partial payments for each case type for court -related 114
fees, service charges, court costs, and fines electronically, by 115
mail, or in person in accordance with the terms of the an 116
established uniform payment plan form developed by the clerk . 117
(b) An individual seeking to defer payment of fees, 118
service charges, court costs, or fines imposed by operation of 119
law or order of the court under any provision of general law 120
must shall apply to the clerk for enrollment in a payment plan. 121
The clerk must shall enter into a payment plan with an 122
individual who the court determines is indigent for costs. If an 123
individual is not in custody, the plan must provide a 30 -day 124
grace period for the person to make the first payment. It is the 125
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responsibility of an individual who is released from 126
incarceration and has outstanding court obligations to contact 127
the clerk within 30 days after r elease to pay fees, service 128
charges, court costs, and fines in full, or to apply for 129
enrollment in a payment plan. If an individual is released from 130
incarceration, the plan must provide a 90 -day grace period from 131
the day of release for the person to make t he first payment. 132
1. A monthly payment amount, calculated based upon all 133
fees and all anticipated fees, service charges, court costs, and 134
fines, is presumed to correspond to the person's ability to pay 135
if the amount does not exceed the greater of: 136
a. Two percent of the person's annual net income, as 137
defined in s. 27.52(1), divided by 12; or 138
b. Twenty-five dollars. 139
2. Any amount required by the clerk as down payment to 140
initially establish a payment plan shall be the lesser of 10 141
percent of the total amount owed or $100. The amount does not 142
include the imposition of a service charge pursuant to s. 143
28.24(27)(b), and both the service charge and down payment may 144
be paid monthly as provided in s. 28.24(27)(b) or (c). The clerk 145
shall establish all terms of a payment plan, and the court may , 146
on its own motion or by petition, review and modify the 147
reasonableness of the payment plan or reduce, waive, or convert 148
to community service the outstanding fees, service charges, 149
costs, or fines. Nothing in this subparag raph shall be construed 150
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to allow or waive restitution or child support . 151
3. If a county has more than one case open for an 152
individual against whom fines, service charges, fees, or court 153
costs have been assessed, the monthly payment plan must include 154
the amounts assessed for all of the cases. 155
(c) If an individual is incarcerated, the clerk may not 156
refer the individual's account to collections as provided in 157
subsection (7) or send a notice to the Department of Highway 158
Safety and Motor Vehicles to suspend t he individual's driver 159
license for nonpayment or failure to comply with the terms of a 160
payment plan. 161
(5) An individual who is indigent as described in s. 162
27.52(2), an individual who receives public assistance as 163
defined in s. 409.2554, or an individual w hose income is below 164
200 percent of the federal poverty level based on the current 165
year's federal poverty guidelines may petition the court to 166
declare that the financial obligations under the payment plan 167
have been met and to terminate the payment plan if, up to the 168
date of the petition, the individual made timely payments for: 169
(a) Twelve consecutive months for any financial obligation 170
that was $500 or less; 171
(b) Twenty-four consecutive months for any financial 172
obligation that was more than $500, but les s than or equal to 173
$1,000; or 174
(c) Thirty-six consecutive months for any financial 175
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obligation that was greater than $1,000. 176
(6)(a) The clerk may send notices electronically or by 177
mail to remind an individual of an upcoming or missed payment. 178
(b) When receiving monthly partial payment of fees, 179
service charges, court costs, and fines, clerks shall distribute 180
funds according to the following order of priority: 181
1.(a) That portion of fees, service charges, court costs, 182
and fines to be remitted to the state for deposit into the 183
General Revenue Fund. 184
2.(b) That portion of fees, service charges, court costs, 185
and fines required to be retained by the clerk of the court o r 186
deposited into the Clerks of the Court Trust Fund within the 187
Department of Revenue. 188
3.(c) That portion of fees, service charges, court costs, 189
and fines payable to state trust funds, allocated on a pro rata 190
basis among the various authorized funds if th e total collection 191
amount is insufficient to fully fund all such funds as provided 192
by law. 193
4.(d) That portion of fees, service charges, court costs, 194
and fines payable to counties, municipalities, or other local 195
entities, allocated on a pro rata basis amo ng the various 196
authorized recipients if the total collection amount is 197
insufficient to fully fund all such recipients as provided by 198
law. 199
200
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To offset processing costs, clerks may impose either a per-month 201
service charge pursuant to s. 28.24(27)(b) or a one-time 202
administrative processing service charge at the inception of the 203
payment plan pursuant to s. 28.24(27)(b) s. 28.24(27)(c). 204
(7)(6) A clerk of court shall pursue the collection of any 205
fees, service charges, fines, court costs, and liens for the 206
payment of attorney fees and costs pursuant to s. 938.29 which 207
remain unpaid after 90 days , except for an individual who is 208
incarcerated, by referring the account to a private attorney who 209
is a member in good standing of The Florida Bar or collection 210
agent who is registered and in good standing pursuant to chapter 211
559. In pursuing the collection of such unpaid financial 212
obligations through a private attorney or collection agent, the 213
clerk of the court must have attempted to collect the unpaid 214
amount through a col lection court, collections docket, or other 215
collections process, if any, established by the court, find this 216
to be cost-effective and follow any applicable procurement 217
practices. The collection fee, including any reasonable attorney 218
attorney's fee, paid to any attorney or collection agent 219
retained by the clerk may be added to the balance owed in an 220
amount not to exceed 40 percent of the amount owed at the time 221
the account is referred to the attorney or agent for collection. 222
The clerk shall give the private attorney or collection agent 223
the application for the appointment of court -appointed counsel 224
regardless of whether the court file is otherwise confidential 225
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from disclosure. 226
Section 3. Paragraph (a) of subsection (1) and subsection 227
(2) of section 318.15, Florida Statutes, are amended to read: 228
318.15 Failure to comply with civil penalty or to appear; 229
penalty.— 230
(1)(a) If a person fails to comply with the civil 231
penalties provided in s. 318.18 within the time period specified 232
in s. 318.14(4), fails to ent er into or comply with the terms of 233
a penalty payment plan with the clerk of the court in accordance 234
with ss. 318.14 and 28.246, fails to attend driver improvement 235
school, or fails to appear at a scheduled hearing, the clerk of 236
the court must notify the De partment of Highway Safety and Motor 237
Vehicles of such failure within 10 days after such failure. Upon 238
receipt of such notice, the department must immediately issue an 239
order suspending the driver license and privilege to drive of 240
such person effective 20 da ys after the date the order of 241
suspension is mailed in accordance with s. 322.251(1), (2), and 242
(6). The order also must inform the person that he or she may 243
contact the clerk of the court to establish a payment plan 244
pursuant to s. 28.246(4) to make monthly partial payments for 245
court-related fines, fees, service charges, and court costs. Any 246
such suspension of the driving privilege which has not been 247
reinstated, including a similar suspension imposed outside of 248
this state, must remain on the records of the d epartment for a 249
period of 7 years from the date imposed and must be removed from 250
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the records after the expiration of 7 years from the date it is 251
imposed. The department may not accept the resubmission of such 252
suspension. 253
(2) After the suspension of a per son's driver license and 254
privilege to drive under subsection (1), the license and 255
privilege may not be reinstated until the person complies with 256
the terms of a periodic payment plan or a revised payment plan 257
with the clerk of the court pursuant to ss. 318. 14 and 28.246 or 258
with all obligations and penalties imposed under s. 318.18 and 259
presents to a driver license office a certificate of compliance 260
issued by the court, together with a single nonrefundable 261
service fee charge of $60 imposed under s. 322.29, or presents a 262
certificate of compliance and pays the service fee charge to the 263
clerk of the court or a driver licensing agent authorized under 264
s. 322.135 clearing such suspension. Of the charge collected, 265
$22.50 shall be remitted to the Department of Revenue to be 266
deposited into the Highway Safety Operating Trust Fund. Such 267
person must also be in compliance with requirements of chapter 268
322 before reinstatement. 269
Section 4. Subsections (2) and (3) and paragraphs (a) and 270
(c) of subsection (5) of section 322.2 45, Florida Statutes, are 271
amended to read: 272
322.245 Suspension of license upon failure of person 273
charged with specified offenses offense under chapter 316, 274
chapter 320, or this chapter to comply with directives ordered 275
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by traffic court or upon failure to pay child support in non -IV-276
D cases as provided in chapter 61 or failure to pay any 277
financial obligation in any other criminal case. — 278
(2) In non-IV-D cases, if a person fails to pay child 279
support under chapter 61 and the obligee so requests, the 280
depository or the clerk of the court must shall mail in 281
accordance with s. 61.13016 the notice specified in that 282
section, notifying him or her that if he or she does not comply 283
with the requirements of that section and pay a delinquency fee 284
of $25 to the depositor y or the clerk, his or her driver license 285
and motor vehicle registration will be suspended. The 286
delinquency fee may be retained by the depository or the office 287
of the clerk to defray the operating costs of the office after 288
the clerk remits $15 to the Depar tment of Revenue for deposit 289
into the General Revenue Fund. 290
(3) If the person fails to comply with the directives of 291
the court within the 30 -day period, or, in non -IV-D cases, fails 292
to comply with the requirements of s. 61.13016 within the period 293
specified in that statute, the depository or the clerk of the 294
court must electronically notify the department of such failure 295
within 10 days. Upon electronic receipt of the notice, the 296
department shall immediately issue an order suspending the 297
person's driver license and privilege to drive effective 20 days 298
after the date the order of suspension is mailed in accordance 299
with s. 322.251(1), (2), and (6). The order of suspension must 300
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also contain information specifying that the person may contact 301
the clerk of the cou rt to establish a payment plan pursuant to 302
s. 28.246(4) to make monthly partial payments for fines, fees, 303
service charges, and court costs. 304
(5)(a) When the department receives notice from a clerk of 305
the court that a person licensed to operate a motor veh icle in 306
this state under the provisions of this chapter has failed to 307
pay financial obligations for any criminal offense other than 308
those specified in subsection (1), in full or in part under a 309
payment plan pursuant to s. 28.246(4), the department must 310
suspend the license of the person named in the notice. The 311
department shall mail an order of suspension in accordance with 312
s. 322.251(1), (2), and (6), which must also contain information 313
specifying that the person may contact the clerk of the court to 314
establish a payment plan pursuant to s. 28.246(4) to make 315
monthly partial payments for fines, fees, service charges, and 316
court costs. 317
(c) The department may shall not be held liable for any 318
license suspension resulting from the discharge of its duties 319
under this section. 320
Section 5. Subsection (2) of section 322.29, Florida 321
Statutes, is amended to read: 322
322.29 Surrender and return of license. — 323
(2) Notwithstanding subsection (1), an examination is not 324
required for the return of a license suspended under s . 318.15 325
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or s. 322.245 unless an examination is otherwise required by 326
this chapter. A person applying for the return of a license 327
suspended under s. 318.15 or s. 322.245 must present to the 328
department certification from the clerk of the court that he or 329
she has complied with all obligations and penalties imposed 330
pursuant to s. 318.15 or, in the case of a suspension pursuant 331
to s. 322.245, that he or she has complied with all directives 332
of the court and the requirements of s. 322.245 and must shall 333
pay to the department a single nonrefundable service fee of $60, 334
of which $37.50 shall be deposited into the General Revenue Fund 335
and $22.50 shall be deposited into the Highway Safety Operating 336
Trust Fund. If reinstated by the clerk of the court or tax 337
collector, $37.50 must shall be retained and $22.50 must shall 338
be remitted to the Department of Revenue for deposit into the 339
Highway Safety Operating Trust Fund. However, the service fee is 340
not required if the person is required to pay a $45 fee or $75 341
fee under s. 322.21(8). 342
Section 6. Paragraph (i) of subsection (5) of section 343
27.52, Florida Statutes, is amended to read: 344
27.52 Determination of indigent status. — 345
(5) INDIGENT FOR COSTS. —A person who is eligible to be 346
represented by a public defender under s. 27.51 but who is 347
represented by private counsel not appointed by the court for a 348
reasonable fee as approved by the court or on a pro bono basis, 349
or who is proceeding pro se, may move the court for a 350
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determination that he or she is indigent for costs and eligible 351
for the provision of due process services, as prescribed by ss. 352
29.006 and 29.007, funded by the state. 353
(i) A defendant who is found guilty of a crim inal act by a 354
court or jury or enters a plea of guilty or nolo contendere and 355
who received due process services after being found indigent for 356
costs under this subsection is liable for payment of due process 357
costs expended by the state. 358
1. The attorney representing the defendant, or the 359
defendant if he or she is proceeding pro se, shall provide an 360
accounting to the court delineating all costs paid or to be paid 361
by the state within 90 days after disposition of the case 362
notwithstanding any appeals. 363
2. The court shall issue an order determining the amount 364
of all costs paid by the state and any costs for which 365
prepayment was waived under this section or s. 57.081. The clerk 366
shall cause a certified copy of the order to be recorded in the 367
official records of t he county, at no cost. The recording 368
constitutes a lien against the person in favor of the state in 369
the county in which the order is recorded. The lien may be 370
enforced in the same manner prescribed in s. 938.29. 371
3. If the attorney or the pro se defendant fails to 372
provide a complete accounting of costs expended by the state and 373
consequently costs are omitted from the lien, the attorney or 374
pro se defendant may not receive reimbursement or any other form 375
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of direct or indirect payment for those costs if the s tate has 376
not paid the costs. The attorney or pro se defendant must shall 377
repay the state for those costs if the state has already paid 378
the costs. The clerk of the court may establish a payment plan 379
under s. 28.246 and may charge the attorney or pro se defe ndant 380
a one-time administrative processing charge under s. 381
28.24(27)(b) s. 28.24(27)(c). 382
Section 7. Subsection (1) of section 34.191, Florida 383
Statutes, is amended to read: 384
34.191 Fines and forfeitures; dispositions. — 385
(1) All fines and forfeitures a rising from offenses tried 386
in the county court must shall be collected and accounted for by 387
the clerk of the court and, other than the charge provided in s. 388
318.1215, disbursed in accordance with ss. 28.2402, 34.045, 389
142.01, and 142.03 and subject to s. 28.246(6) and (7) the 390
provisions of s. 28.246(5) and (6) . Notwithstanding the 391
provisions of this section, all fines and forfeitures arising 392
from operation of the provisions of s. 318.1215 must shall be 393
disbursed in accordance with that section. 394
Section 8. Subsection (6) of section 57.082, Florida 395
Statutes, is amended to read: 396
57.082 Determination of civil indigent status. — 397
(6) PROCESSING CHARGE; PAYMENT PLANS. —A person who the 398
clerk or the court determines is indigent for civil proceedings 399
under this section must shall be enrolled in a payment plan 400
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under s. 28.246 and must shall be charged a one-time 401
administrative processing charge under s. 28.24(27)(b) s. 402
28.24(27)(c). A monthly payment amount, calculated based upon 403
all fees and all anticipated costs , is presumed to correspond to 404
the person's ability to pay if it does not exceed 2 percent of 405
the person's annual net income, as defined in subsection (1), 406
divided by 12. The person may seek review of the clerk's 407
decisions regarding a payment plan establis hed under s. 28.246 408
in the court having jurisdiction over the matter. A case may not 409
be impeded in any way, delayed in filing, or delayed in its 410
progress, including the final hearing and order, due to 411
nonpayment of any fees or costs by an indigent person. Filing 412
fees waived from payment under s. 57.081 may not be included in 413
the calculation related to a payment plan established under this 414
section. 415
Section 9. For the purpose of incorporating the amendment 416
made by this act to section 28.246(4), Florida St atutes, in a 417
reference thereto, section 318.20, Florida Statutes, is 418
reenacted to read: 419
318.20 Notification; duties of department. —The department 420
shall prepare a notification form to be appended to, or 421
incorporated as a part of, the Florida uniform traff ic citation 422
issued in accordance with s. 316.650. The notification form must 423
contain language informing persons charged with infractions to 424
which this chapter applies of the procedures available to them 425
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under this chapter. Such notification form must conta in a 426
statement that, if the official determines that no infraction 427
has been committed, no costs or penalties may be imposed and any 428
costs or penalties that have been paid will be returned. 429
Additionally, the notification form must include information on 430
paying the civil penalty to the clerk of the court and the 431
ability to establish a payment plan pursuant to s. 28.246(4). A 432
uniform traffic citation that is produced electronically must 433
also include the information required by this section. 434
Section 10. For the purpose of incorporating the amendment 435
made by this act to section 28.246(4), Florida Statutes, in a 436
reference thereto, subsection (3) of section 775.083, Florida 437
Statutes, is reenacted to read: 438
775.083 Fines.— 439
(3) The clerk of the court of each c ounty is the entity 440
responsible for collecting payment of fines, fees, service 441
charges, and court costs. Unless otherwise designated by the 442
court, a person who has been ordered to pay court obligations 443
under this section shall immediately contact the clerk to pay 444
fines, fees, service charges, and court costs in full or to 445
apply for enrollment in a payment plan pursuant to s. 28.246(4). 446
Section 11. For the purpose of incorporating the amendment 447
made by this act to section 28.246(4), Florida Statutes, in a 448
reference thereto, paragraph (a) of subsection (2) of section 449
938.27, Florida Statutes, is reenacted to read: 450
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938.27 Judgment for costs of prosecution and 451
investigation.— 452
(2)(a) The court shall impose the costs of prosecution and 453
investigation notwit hstanding the defendant's present ability to 454
pay. The court shall require the defendant to pay the costs 455
within a specified period or pursuant to a payment plan under s. 456
28.246(4). 457
Section 12. This act shall take effect July 1, 2024. 458