Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 552
       
       
       
       
       
       
                                Ì267668^Î267668                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2022           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice (Boyd)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (4) of section
    6  28.246, Florida Statutes, is amended to read:
    7         28.246 Payment of court-related fines or other monetary
    8  penalties, fees, charges, and costs; partial payments;
    9  distribution of funds.—
   10         (4)
   11         (b) An individual seeking to defer payment of fees, service
   12  charges, court costs, or fines imposed by operation of law or
   13  order of the court under any provision of general law shall
   14  apply to the clerk for enrollment in a payment plan. The clerk
   15  shall enter into a payment plan with an individual who the court
   16  determines is indigent for costs. It is the responsibility of an
   17  individual who is released from incarceration and has
   18  outstanding court obligations to contact the clerk within 30
   19  days after release to pay fees, service charges, court costs,
   20  and fines in full, or to apply for enrollment in a payment plan.
   21         1. A monthly payment amount, calculated based upon all fees
   22  and all anticipated fees, service charges, court costs, and
   23  fines, is presumed to correspond to the person’s ability to pay
   24  if the amount does not exceed the greater of:
   25         a.Two 2 percent of the person’s annual net income, as
   26  defined in s. 27.52(1), divided by 12; or
   27         b.$25.
   28         2.Any amount required by the clerk as a down payment to
   29  initially establish a payment plan shall be the lesser of 10
   30  percent of the total amount owed or $100. The amount does not
   31  include the imposition of a service charge pursuant to s.
   32  28.24(27)(b) or (c). The clerk shall establish all terms of a
   33  payment plan, and the court may review the reasonableness of the
   34  payment plan.
   35         Section 2. Paragraph (c) of subsection (2) of section
   36  28.35, Florida Statutes, is amended, and paragraph (i) is added
   37  to that subsection, to read:
   38         28.35 Florida Clerks of Court Operations Corporation.—
   39         (2) The duties of the corporation shall include the
   40  following:
   41         (c)1. Recommending to the Legislature changes in the
   42  amounts and distribution of the various court-related fines,
   43  fees, service charges, and costs established by law to ensure
   44  reasonable and adequate funding of the clerks of the court in
   45  the performance of their court-related functions.
   46         2.If the number of judges under s. 26.031 or s. 34.022
   47  increases:
   48         a.Developing a formula to estimate the total cost
   49  associated with clerk support for circuit and county judges
   50  statewide.
   51         b.Making a recommendation for consideration by the
   52  Legislature on any need for additional funding using the formula
   53  approved in sub-subparagraph a.
   54         (i)Annually preparing a budget request that,
   55  notwithstanding chapter 216 and in accordance with s. 216.351,
   56  provides the anticipated amount necessary for reimbursement
   57  pursuant to s. 40.29(6). The request for the anticipated
   58  reimbursement amount must be submitted in the form and manner
   59  prescribed by the Justice Administrative Commission. Such
   60  request is not subject to change by the Justice Administrative
   61  Commission except for technical changes necessary to conform to
   62  the legislative budget instructions and must be submitted by the
   63  Justice Administrative Commission to the Governor for
   64  transmittal to the Legislature.
   65         Section 3. Section 40.29, Florida Statutes, is amended to
   66  read:
   67         40.29 Payment of due-process costs; reimbursement for
   68  petitions and orders.—
   69         (1) Each clerk of the circuit court, on behalf of the state
   70  attorney, private court-appointed counsel, the public defender,
   71  and the criminal conflict and civil regional counsel, shall
   72  forward to the Justice Administrative Commission, by county, a
   73  quarterly estimate of funds necessary to pay for ordinary
   74  witnesses, including, but not limited to, witnesses in civil
   75  traffic cases and witnesses of the state attorney, the public
   76  defender, criminal conflict and civil regional counsel, private
   77  court-appointed counsel, and persons determined to be indigent
   78  for costs. Each quarter of the state fiscal year, the
   79  commission, based upon the estimates, shall advance funds to
   80  each clerk to pay for these ordinary witnesses from state funds
   81  specifically appropriated for the payment of ordinary witnesses.
   82         (2) Upon receipt of an estimate pursuant to subsection (1),
   83  the Justice Administrative Commission shall endorse the amount
   84  deemed necessary for payment by the clerk of the court during
   85  the quarterly fiscal period and shall submit a request for
   86  payment to the Chief Financial Officer.
   87         (3) Upon receipt of the funds from the Chief Financial
   88  Officer, the clerk of the court shall pay all invoices approved
   89  and submitted by the state attorney, the public defender,
   90  criminal conflict and civil regional counsel, and private court
   91  appointed counsel for the items enumerated in subsection (1).
   92         (4) After review for compliance with applicable rates and
   93  requirements, the Justice Administrative Commission shall pay
   94  all due process service related invoices, except those
   95  enumerated in subsection (1), approved and submitted by the
   96  state attorney, the public defender, criminal conflict and civil
   97  regional counsel, or private court-appointed counsel in
   98  accordance with the applicable requirements of ss. 29.005,
   99  29.006, and 29.007.
  100         (5) The Justice Administrative Commission shall reimburse
  101  funds to the clerks of the court to compensate jurors, to pay
  102  for meals or lodging provided to jurors, and to pay for jury
  103  related personnel costs as provided in this section. Each clerk
  104  of the court must submit a request for reimbursement to the
  105  Florida Clerks of Court Operations Corporation within 20 days
  106  after each quarter attesting to the clerk’s actual costs to
  107  compensate jurors, to pay for meals or lodging provided to
  108  jurors, and to pay for jury-related personnel costs. The Florida
  109  Clerks of Court Operations Corporation must review the request
  110  for reimbursement to ensure that the costs are reasonably and
  111  directly related to jury management. The Florida Clerks of Court
  112  Operations Corporation must forward to the Justice
  113  Administrative Commission the amount necessary to reimburse each
  114  clerk of the court for its personnel and other costs related to
  115  jury management unless the total request for reimbursement by
  116  the clerks exceeds the quarterly funds available to the Justice
  117  Administrative Commission, in which case the Florida Clerks of
  118  Court Operations Corporation shall adjust the cumulative total
  119  to match the available funds before submitting the request to
  120  the Justice Administrative Commission. Upon receipt of each
  121  request for reimbursement, the Justice Administrative Commission
  122  must review the amount deemed necessary for payment to the
  123  clerks of the court for the most recently completed quarter,
  124  determine if the total payment amount is available, and submit a
  125  request for payment to the Chief Financial Officer. The clerks
  126  of the court are responsible for any compensation to jurors, for
  127  payments for meals or lodging provided to jurors, and for jury
  128  related personnel costs that exceed the funding provided in the
  129  General Appropriations Act for these purposes.
  130         (6)Subject to legislative appropriation, the clerk of the
  131  circuit court may, on a quarterly basis, submit to the Justice
  132  Administrative Commission a certified request for reimbursement
  133  for petitions and orders filed under ss. 394.459, 394.463,
  134  394.467, 394.917, and 397.6814, at the rate of $40 per petition
  135  or order. Such request for reimbursement must be submitted in
  136  the form and manner prescribed by the Justice Administrative
  137  Commission pursuant to s. 28.35(2)(i).
  138         Section 4. Paragraphs (a) and (d) of subsection (2) of
  139  section 57.082, Florida Statutes, are amended to read:
  140         57.082 Determination of civil indigent status.—
  141         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  142  shall determine whether an applicant seeking such designation is
  143  indigent based upon the information provided in the application
  144  and the criteria prescribed in this subsection.
  145         (a)1. An applicant, including an applicant who is a minor
  146  or an adult tax-dependent person, is indigent if the applicant’s
  147  income is equal to or below 200 percent of the then-current
  148  federal poverty guidelines prescribed for the size of the
  149  household of the applicant by the United States Department of
  150  Health and Human Services.
  151         2. There is a presumption that the applicant is not
  152  indigent if the applicant owns, or has equity in, any intangible
  153  or tangible personal property or real property or the expectancy
  154  of an interest in any such property having a net equity value of
  155  $2,500 or more, excluding the value of the person’s homestead
  156  and one vehicle having a net value not exceeding $5,000.
  157         3.Notwithstanding the information provided by the
  158  applicant, the clerk may conduct a review of the property
  159  records for the county in which the applicant resides and the
  160  motor vehicle title records of this state to identify any
  161  property interests of the applicant under this paragraph. The
  162  clerk may evaluate and consider the results of the review in
  163  making a determination under this subsection. If a review is
  164  conducted, the clerk must maintain the results of the review in
  165  a file with the application and provide the file to the court if
  166  an applicant seeks a review under subsection (4) of the clerk’s
  167  determination of indigent status.
  168         (d) The duty of the clerk in determining whether an
  169  applicant is indigent is limited to receiving the application,
  170  conducting a review of records under subparagraph (a)3., and
  171  comparing the information provided in the application and
  172  identified in the review of records to the criteria prescribed
  173  in this subsection. The determination of indigent status is a
  174  ministerial act of the clerk and may not a decision be based on
  175  further investigation or the exercise of independent judgment by
  176  the clerk. The clerk may contract with third parties to perform
  177  functions assigned to the clerk under this section.
  178         Section 5. Subsection (3) is added to section 322.29,
  179  Florida Statutes, to read:
  180         322.29 Surrender and return of license.—
  181         (3) The department shall work with the clerks of court,
  182  through their association, to ensure the ability within their
  183  technology systems for clerks of court to reinstate suspended
  184  driver licenses for failure to pay court obligations.
  185         Section 6. This act shall take effect July 1, 2022.
  186  
  187  ================= T I T L E  A M E N D M E N T ================
  188  And the title is amended as follows:
  189         Delete everything before the enacting clause
  190  and insert:
  191                        A bill to be entitled                      
  192         An act relating to clerks of the circuit court;
  193         amending s. 28.246, F.S.; revising the calculation
  194         used to determine the presumed ability to pay certain
  195         fees, charges, costs, and fines; providing a formula
  196         for determining a specified down payment; providing
  197         construction; amending s. 28.35, F.S.; requiring the
  198         Florida Clerks of Court Operations Corporation to
  199         provide a recommendation on the distribution of
  200         specified fines, fees, charges, and costs; requiring
  201         the corporation to complete specified duties under
  202         certain circumstances; requiring the corporation to
  203         annually prepare a specified budget request; providing
  204         that such a request is not subject to change by the
  205         Justice Administrative Commission; requiring the
  206         commission to submit the request to the Governor for
  207         transmittal to the Legislature; amending s. 40.29,
  208         F.S.; authorizing clerks of the circuit court to
  209         submit, at prescribed intervals, to the commission
  210         certified requests for reimbursement of specified
  211         petitions and orders at a certain rate per petition or
  212         order; amending s. 57.082, F.S.; authorizing clerks of
  213         the court to conduct a review of specified records;
  214         requiring the clerks to maintain the results of such
  215         review in a specified manner and provide the results
  216         to the court under certain circumstances; amending s.
  217         322.29, F.S.; requiring the Department of Highway
  218         Safety and Motor Vehicles to work with a specified
  219         association to ensure that their technology systems
  220         have specified capabilities; providing an effective
  221         date.