Florida Senate - 2024 SB 1310 By Senator Calatayud 38-01155A-24 20241310__ 1 A bill to be entitled 2 An act relating to fines and fees; amending s. 28.24, 3 F.S.; authorizing the clerk of the circuit court to 4 accept payments for a certain administrative charge in 5 monthly installments; conforming provisions to changes 6 made by the act; amending s. 28.246, F.S.; revising 7 the methods by which the clerk of the circuit court 8 may accept payments for certain fees, charges, costs, 9 and fines; providing requirements for the payment 10 plan; authorizing the court to modify the payment plan 11 or reduce, waive, or convert to community service the 12 outstanding fees, service charges, costs, or fines; 13 providing construction; requiring payment plans to 14 reflect all fines, fees, and court costs incurred by 15 an individual; prohibiting the clerk from sending an 16 incarcerated individuals 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 individuals 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 25 322.245, F.S.; conforming provisions to changes made 26 by the act; amending s. 322.29, F.S.; specifying that 27 a single nonrefundable service fee should be collected 28 when a license is reinstated after certain conditions 29 are met; making technical changes; amending ss. 27.52, 30 34.191, and 57.082, F.S.; conforming cross-references; 31 conforming provisions to changes made by the act; 32 reenacting ss. 318.20, 775.083(3), and 938.27(2)(a), 33 F.S., relating to notification, fines, and judgments 34 for costs of prosecution and investigation, 35 respectively, to incorporate the amendment made to s. 36 28.246, F.S., in references thereto; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1.Subsection (27) of section 28.24, Florida 42 Statutes, is amended to read: 43 28.24Service charges.The clerk of the circuit court shall 44 charge for services rendered manually or electronically by the 45 clerks office in recording documents and instruments and in 46 performing other specified duties. These charges may not exceed 47 those specified in this section, except as provided in s. 48 28.345. 49 (27)(a)For receiving and disbursing all restitution 50 payments, per payment: 3.50, from which the clerk shall remit 51 0.50 per payment to the Department of Revenue for deposit into 52 the General Revenue Fund. 53 (b)For receiving and disbursing all partial payments, 54 other than restitution payments, for which an administrative 55 processing service charge is not imposed pursuant to s. 28.246, 56 per month: 5.00. 57 (c)For setting up a payment plan, a one-time 58 administrative processing charge of in lieu of a per month 59 charge under paragraph (b): 25.00. The charge may be paid in 60 five equal monthly payments of 5.00. 61 Section 2.Section 28.246, Florida Statutes, is amended to 62 read: 63 28.246Payment of court-related fines or other monetary 64 penalties, fees, charges, and costs; monthly partial payments; 65 community service; distribution of funds. 66 (1)The clerk of the circuit court shall report the 67 following information to the Legislature and the Florida Clerks 68 of Court Operations Corporation on a form, and using guidelines 69 developed by the clerks of court, through their association and 70 in consultation with the Office of the State Courts 71 Administrator: 72 (a)The total amount of mandatory fees, service charges, 73 and costs assessed; the total amount underassessed, if any, 74 which is the amount less than the minimum amount required by law 75 to be assessed; and the total amount collected. 76 (b)The total amount of discretionary fees, service 77 charges, and costs assessed and the total amount collected. 78 (c)The total amount of mandatory fines and other monetary 79 penalties assessed; the total amount underassessed, if any, 80 which is the amount less than the minimum amount required by law 81 to be assessed; and the total amount collected. 82 (d)The total amount of discretionary fines and other 83 monetary penalties assessed and the total amount collected. 84 85 The clerk, in reporting to the Legislature and corporation, 86 shall separately identify the monetary amount assessed and 87 subsequently discharged or converted to community service, to a 88 judgment or lien, or to time served. The form developed by the 89 clerks must shall include separate entries for recording the 90 amount discharged and the amount converted. If a court waives, 91 suspends, or reduces an assessment as authorized by law, the 92 portion waived, suspended, or reduced may not be deemed assessed 93 or underassessed for purposes of the reporting requirements of 94 this section. The clerk also shall report a collection rate for 95 mandatory and discretionary assessments. In calculating the 96 rate, the clerk shall deduct amounts discharged or converted 97 from the amount assessed. The clerk shall submit the report on 98 an annual basis 90 days after the end of the county fiscal year. 99 The clerks and the courts shall develop by October 1, 2012, the 100 form and guidelines to govern the accurate and consistent 101 reporting statewide of assessments as provided in this section. 102 The clerk shall use the new reporting form and guidelines in 103 submitting the report for the county fiscal year ending 104 September 30, 2013, and for each year thereafter. 105 (2)The clerk of the circuit court shall establish and 106 maintain a system of accounts receivable for court-related fees, 107 charges, and costs. 108 (3)Court costs, fines, and other dispositional assessments 109 shall be enforced by order of the courts, collected by the 110 clerks of the circuit and county courts, and disbursed in 111 accordance with authorizations and procedures as established by 112 general law. 113 (4)(a)Each clerk of the circuit court shall accept monthly 114 partial payments for each case type for court-related fees, 115 service charges, court costs, and fines electronically, by mail, 116 or in person in accordance with the terms of the an established 117 uniform payment plan form developed by the clerk. 118 (b)An individual seeking to defer payment of fees, service 119 charges, court costs, or fines imposed by operation of law or 120 order of the court under any provision of general law must shall 121 apply to the clerk for enrollment in a payment plan. The clerk 122 must shall enter into a payment plan with an individual who the 123 court determines is indigent for costs. If an individual is not 124 in custody, the plan must provide a 30-day grace period for the 125 person to make the first payment. It is the responsibility of an 126 individual who is released from incarceration and has 127 outstanding court obligations to contact the clerk within 30 128 days after release to pay fees, service charges, court costs, 129 and fines in full, or to apply for enrollment in a payment plan. 130 If an individual is released from incarceration, the plan must 131 provide a 90-day grace period from the day of release for the 132 person to make the first payment. 133 1.A monthly payment amount, calculated based upon all fees 134 and all anticipated fees, service charges, court costs, and 135 fines, is presumed to correspond to the persons ability to pay 136 if the amount does not exceed the greater of: 137 a.Two percent of the persons annual net income, as 138 defined in s. 27.52(1), divided by 12; or 139 b.Twenty-five dollars. 140 2.Any amount required by the clerk as down payment to 141 initially establish a payment plan shall be the lesser of 10 142 percent of the total amount owed or $100. The amount does not 143 include the imposition of a service charge pursuant to s. 144 28.24(27)(b), and both the service charge and down payment may 145 be paid monthly as provided in s. 28.24(27)(b) or (c). The clerk 146 shall establish all terms of a payment plan, and the court may, 147 on its own motion or by petition, review and modify the 148 reasonableness of the payment plan or reduce, waive, or convert 149 to community service the outstanding fees, service charges, 150 costs, or fines. Nothing in this subparagraph shall be construed 151 to allow or waive restitution or child support. 152 3.If a county has more than one case open for an 153 individual against whom fines, service charges, fees, or court 154 costs have been assessed, the monthly payment plan must include 155 the amounts assessed for all of the cases. 156 (c)If an individual is incarcerated, the clerk may not 157 refer the individuals account to collections as provided in 158 subsection (7) or send a notice to the Department of Highway 159 Safety and Motor Vehicles to suspend the individuals driver 160 license for nonpayment or failure to comply with the terms of a 161 payment plan. 162 (5)An individual who is indigent as described in s. 163 27.52(2), an individual who receives public assistance as 164 defined in s. 409.2554(12), or an individual whose income is 165 below 200 percent of the federal poverty level based on the 166 current years federal poverty guidelines may petition the court 167 to declare that the financial obligations under the payment plan 168 have been met and to terminate the payment plan if, up to the 169 date of the petition, the individual made timely payments for: 170 (a)Twelve consecutive months for any financial obligation 171 that was $500 or less; 172 (b)Twenty-four consecutive months for any financial 173 obligation that was more than $500, but less than or equal to 174 $1,000; or 175 (c)Thirty-six consecutive months for any financial 176 obligation that was greater than $1,000. 177 (6)(a)The clerk may send notices electronically or by mail 178 to remind an individual of an upcoming or missed payment. 179 (b)When receiving monthly partial payment of fees, service 180 charges, court costs, and fines, clerks shall distribute funds 181 according to the following order of priority: 182 1.(a)That portion of fees, service charges, court costs, 183 and fines to be remitted to the state for deposit into the 184 General Revenue Fund. 185 2.(b)That portion of fees, service charges, court costs, 186 and fines required to be retained by the clerk of the court or 187 deposited into the Clerks of the Court Trust Fund within the 188 Department of Revenue. 189 3.(c)That portion of fees, service charges, court costs, 190 and fines payable to state trust funds, allocated on a pro rata 191 basis among the various authorized funds if the total collection 192 amount is insufficient to fully fund all such funds as provided 193 by law. 194 4.(d)That portion of fees, service charges, court costs, 195 and fines payable to counties, municipalities, or other local 196 entities, allocated on a pro rata basis among the various 197 authorized recipients if the total collection amount is 198 insufficient to fully fund all such recipients as provided by 199 law. 200 201 To offset processing costs, clerks may impose either a per-month 202 service charge pursuant to s. 28.24(27)(b) or a one-time 203 administrative processing service charge at the inception of the 204 payment plan pursuant to s. 28.24(27)(b) s. 28.24(27)(c). 205 (7)(6)A clerk of court shall pursue the collection of any 206 fees, service charges, fines, court costs, and liens for the 207 payment of attorney fees and costs pursuant to s. 938.29 which 208 remain unpaid after 90 days, except for an individual who is 209 incarcerated, by referring the account to a private attorney who 210 is a member in good standing of The Florida Bar or collection 211 agent who is registered and in good standing pursuant to chapter 212 559. In pursuing the collection of such unpaid financial 213 obligations through a private attorney or collection agent, the 214 clerk of the court must have attempted to collect the unpaid 215 amount through a collection court, collections docket, or other 216 collections process, if any, established by the court, find this 217 to be cost-effective and follow any applicable procurement 218 practices. The collection fee, including any reasonable attorney 219 attorneys fee, paid to any attorney or collection agent 220 retained by the clerk may be added to the balance owed in an 221 amount not to exceed 40 percent of the amount owed at the time 222 the account is referred to the attorney or agent for collection. 223 The clerk shall give the private attorney or collection agent 224 the application for the appointment of court-appointed counsel 225 regardless of whether the court file is otherwise confidential 226 from disclosure. 227 Section 3.Paragraph (a) of subsection (1) and subsection 228 (2) of section 318.15, Florida Statutes, are amended to read: 229 318.15Failure to comply with civil penalty or to appear; 230 penalty. 231 (1)(a)If a person fails to comply with the civil penalties 232 provided in s. 318.18 within the time period specified in s. 233 318.14(4), fails to enter into or comply with the terms of a 234 penalty payment plan with the clerk of the court in accordance 235 with ss. 318.14 and 28.246, fails to attend driver improvement 236 school, or fails to appear at a scheduled hearing, the clerk of 237 the court must notify the Department of Highway Safety and Motor 238 Vehicles of such failure within 10 days after such failure. Upon 239 receipt of such notice, the department must immediately issue an 240 order suspending the driver license and privilege to drive of 241 such person effective 20 days after the date the order of 242 suspension is mailed in accordance with s. 322.251(1), (2), and 243 (6). The order also must inform the person that he or she may 244 contact the clerk of the court to establish a payment plan 245 pursuant to s. 28.246(4) to make monthly partial payments for 246 court-related fines, fees, service charges, and court costs. Any 247 such suspension of the driving privilege which has not been 248 reinstated, including a similar suspension imposed outside of 249 this state, must remain on the records of the department for a 250 period of 7 years from the date imposed and must be removed from 251 the records after the expiration of 7 years from the date it is 252 imposed. The department may not accept the resubmission of such 253 suspension. 254 (2)After the suspension of a persons driver license and 255 privilege to drive under subsection (1), the license and 256 privilege may not be reinstated until the person complies with 257 the terms of a periodic payment plan or a revised payment plan 258 with the clerk of the court pursuant to ss. 318.14 and 28.246 or 259 with all obligations and penalties imposed under s. 318.18 and 260 presents to a driver license office a certificate of compliance 261 issued by the court, together with a single nonrefundable 262 service fee charge of $60 imposed under s. 322.29, or presents a 263 certificate of compliance and pays the service fee charge to the 264 clerk of the court or a driver licensing agent authorized under 265 s. 322.135 clearing such suspension. Of the charge collected, 266 $22.50 shall be remitted to the Department of Revenue to be 267 deposited into the Highway Safety Operating Trust Fund. Such 268 person must also be in compliance with requirements of chapter 269 322 before reinstatement. 270 Section 4.Subsections (2) and (3) and paragraphs (a) and 271 (c) of subsection (5) of section 322.245, Florida Statutes, are 272 amended to read: 273 322.245Suspension of license upon failure of person 274 charged with specified offenses offense under chapter 316, 275 chapter 320, or this chapter to comply with directives ordered 276 by traffic court or upon failure to pay child support in non-IV 277 D cases as provided in chapter 61 or failure to pay any 278 financial obligation in any other criminal case. 279 (2)In non-IV-D cases, if a person fails to pay child 280 support under chapter 61 and the obligee so requests, the 281 depository or the clerk of the court must shall mail in 282 accordance with s. 61.13016 the notice specified in that 283 section, notifying him or her that if he or she does not comply 284 with the requirements of that section and pay a delinquency fee 285 of $25 to the depository or the clerk, his or her driver license 286 and motor vehicle registration will be suspended. The 287 delinquency fee may be retained by the depository or the office 288 of the clerk to defray the operating costs of the office after 289 the clerk remits $15 to the Department of Revenue for deposit 290 into the General Revenue Fund. 291 (3)If the person fails to comply with the directives of 292 the court within the 30-day period, or, in non-IV-D cases, fails 293 to comply with the requirements of s. 61.13016 within the period 294 specified in that statute, the depository or the clerk of the 295 court must electronically notify the department of such failure 296 within 10 days. Upon electronic receipt of the notice, the 297 department shall immediately issue an order suspending the 298 persons driver license and privilege to drive effective 20 days 299 after the date the order of suspension is mailed in accordance 300 with s. 322.251(1), (2), and (6). The order of suspension must 301 also contain information specifying that the person may contact 302 the clerk of the court to establish a payment plan pursuant to 303 s. 28.246(4) to make monthly partial payments for fines, fees, 304 service charges, and court costs. 305 (5)(a)When the department receives notice from a clerk of 306 the court that a person licensed to operate a motor vehicle in 307 this state under the provisions of this chapter has failed to 308 pay financial obligations for any criminal offense other than 309 those specified in subsection (1), in full or in part under a 310 payment plan pursuant to s. 28.246(4), the department must 311 suspend the license of the person named in the notice. The 312 department shall mail an order of suspension in accordance with 313 s. 322.251(1), (2), and (6), which must also contain information 314 specifying that the person may contact the clerk of the court to 315 establish a payment plan pursuant to s. 28.246(4) to make 316 monthly partial payments for fines, fees, service charges, and 317 court costs. 318 (c)The department may shall not be held liable for any 319 license suspension resulting from the discharge of its duties 320 under this section. 321 Section 5.Subsection (2) of section 322.29, Florida 322 Statutes, is amended to read: 323 322.29Surrender and return of license. 324 (2)Notwithstanding subsection (1), an examination is not 325 required for the return of a license suspended under s. 318.15 326 or s. 322.245 unless an examination is otherwise required by 327 this chapter. A person applying for the return of a license 328 suspended under s. 318.15 or s. 322.245 must present to the 329 department certification from the clerk of the court that he or 330 she has complied with all obligations and penalties imposed 331 pursuant to s. 318.15 or, in the case of a suspension pursuant 332 to s. 322.245, that he or she has complied with all directives 333 of the court and the requirements of s. 322.245 and must shall 334 pay to the department a single nonrefundable service fee of $60, 335 of which $37.50 shall be deposited into the General Revenue Fund 336 and $22.50 shall be deposited into the Highway Safety Operating 337 Trust Fund. If reinstated by the clerk of the court or tax 338 collector, $37.50 must shall be retained and $22.50 must shall 339 be remitted to the Department of Revenue for deposit into the 340 Highway Safety Operating Trust Fund. However, the service fee is 341 not required if the person is required to pay a $45 fee or $75 342 fee under s. 322.21(8). 343 Section 6.Paragraph (i) of subsection (5) of section 344 27.52, Florida Statutes, is amended to read: 345 27.52Determination of indigent status. 346 (5)INDIGENT FOR COSTS.A person who is eligible to be 347 represented by a public defender under s. 27.51 but who is 348 represented by private counsel not appointed by the court for a 349 reasonable fee as approved by the court or on a pro bono basis, 350 or who is proceeding pro se, may move the court for a 351 determination that he or she is indigent for costs and eligible 352 for the provision of due process services, as prescribed by ss. 353 29.006 and 29.007, funded by the state. 354 (i)A defendant who is found guilty of a criminal act by a 355 court or jury or enters a plea of guilty or nolo contendere and 356 who received due process services after being found indigent for 357 costs under this subsection is liable for payment of due process 358 costs expended by the state. 359 1.The attorney representing the defendant, or the 360 defendant if he or she is proceeding pro se, shall provide an 361 accounting to the court delineating all costs paid or to be paid 362 by the state within 90 days after disposition of the case 363 notwithstanding any appeals. 364 2.The court shall issue an order determining the amount of 365 all costs paid by the state and any costs for which prepayment 366 was waived under this section or s. 57.081. The clerk shall 367 cause a certified copy of the order to be recorded in the 368 official records of the county, at no cost. The recording 369 constitutes a lien against the person in favor of the state in 370 the county in which the order is recorded. The lien may be 371 enforced in the same manner prescribed in s. 938.29. 372 3.If the attorney or the pro se defendant fails to provide 373 a complete accounting of costs expended by the state and 374 consequently costs are omitted from the lien, the attorney or 375 pro se defendant may not receive reimbursement or any other form 376 of direct or indirect payment for those costs if the state has 377 not paid the costs. The attorney or pro se defendant must shall 378 repay the state for those costs if the state has already paid 379 the costs. The clerk of the court may establish a payment plan 380 under s. 28.246 and may charge the attorney or pro se defendant 381 a one-time administrative processing charge under s. 382 28.24(27)(b) s. 28.24(27)(c). 383 Section 7.Subsection (1) of section 34.191, Florida 384 Statutes, is amended to read: 385 34.191Fines and forfeitures; dispositions. 386 (1)All fines and forfeitures arising from offenses tried 387 in the county court must shall be collected and accounted for by 388 the clerk of the court and, other than the charge provided in s. 389 318.1215, disbursed in accordance with ss. 28.2402, 34.045, 390 142.01, and 142.03 and subject to s. 28.246(6) and (7) the 391 provisions of s. 28.246(5) and (6). Notwithstanding the 392 provisions of this section, all fines and forfeitures arising 393 from operation of the provisions of s. 318.1215 must shall be 394 disbursed in accordance with that section. 395 Section 8.Subsection (6) of section 57.082, Florida 396 Statutes, is amended to read: 397 57.082Determination of civil indigent status. 398 (6)PROCESSING CHARGE; PAYMENT PLANS.A person who the 399 clerk or the court determines is indigent for civil proceedings 400 under this section must shall be enrolled in a payment plan 401 under s. 28.246 and must shall be charged a one-time 402 administrative processing charge under s. 28.24(27)(b) s. 403 28.24(27)(c). A monthly payment amount, calculated based upon 404 all fees and all anticipated costs, is presumed to correspond to 405 the persons ability to pay if it does not exceed 2 percent of 406 the persons annual net income, as defined in subsection (1), 407 divided by 12. The person may seek review of the clerks 408 decisions regarding a payment plan established under s. 28.246 409 in the court having jurisdiction over the matter. A case may not 410 be impeded in any way, delayed in filing, or delayed in its 411 progress, including the final hearing and order, due to 412 nonpayment of any fees or costs by an indigent person. Filing 413 fees waived from payment under s. 57.081 may not be included in 414 the calculation related to a payment plan established under this 415 section. 416 Section 9.For the purpose of incorporating the amendment 417 made by this act to section 28.246, Florida Statutes, in a 418 reference thereto, section 318.20, Florida Statutes, is 419 reenacted to read: 420 318.20Notification; duties of department.The department 421 shall prepare a notification form to be appended to, or 422 incorporated as a part of, the Florida uniform traffic citation 423 issued in accordance with s. 316.650. The notification form must 424 contain language informing persons charged with infractions to 425 which this chapter applies of the procedures available to them 426 under this chapter. Such notification form must contain a 427 statement that, if the official determines that no infraction 428 has been committed, no costs or penalties may be imposed and any 429 costs or penalties that have been paid will be returned. 430 Additionally, the notification form must include information on 431 paying the civil penalty to the clerk of the court and the 432 ability to establish a payment plan pursuant to s. 28.246(4). A 433 uniform traffic citation that is produced electronically must 434 also include the information required by this section. 435 Section 10.For the purpose of incorporating the amendment 436 made by this act to section 28.246, Florida Statutes, in a 437 reference thereto, subsection (3) of section 775.083, Florida 438 Statutes, is reenacted to read: 439 775.083Fines. 440 (3)The clerk of the court of each county is the entity 441 responsible for collecting payment of fines, fees, service 442 charges, and court costs. Unless otherwise designated by the 443 court, a person who has been ordered to pay court obligations 444 under this section shall immediately contact the clerk to pay 445 fines, fees, service charges, and court costs in full or to 446 apply for enrollment in a payment plan pursuant to s. 28.246(4). 447 Section 11.For the purpose of incorporating the amendment 448 made by this act to section 28.246, Florida Statutes, in a 449 reference thereto, paragraph (a) of subsection (2) of section 450 938.27, Florida Statutes, is reenacted to read: 451 938.27Judgment for costs of prosecution and 452 investigation. 453 (2)(a)The court shall impose the costs of prosecution and 454 investigation notwithstanding the defendants present ability to 455 pay. The court shall require the defendant to pay the costs 456 within a specified period or pursuant to a payment plan under s. 457 28.246(4). 458 Section 12.This act shall take effect July 1, 2024.