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 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         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         28.24 Service charges.—The clerk of the circuit court shall
   44  charge for services rendered manually or electronically by the
   45  clerk’s 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         28.246 Payment 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 person’s ability to pay
  136  if the amount does not exceed the greater of:
  137         a. Two percent of the person’s 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 individual’s 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 individual’s 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 year’s 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  attorney’s 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         318.15 Failure 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 person’s 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         322.245 Suspension 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  person’s 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         322.29 Surrender 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         27.52 Determination 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         34.191 Fines 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         57.082 Determination 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 person’s ability to pay if it does not exceed 2 percent of
  406  the person’s annual net income, as defined in subsection (1),
  407  divided by 12. The person may seek review of the clerk’s
  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         318.20 Notification; 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         775.083 Fines.—
  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         938.27 Judgment for costs of prosecution and
  452  investigation.—
  453         (2)(a) The court shall impose the costs of prosecution and
  454  investigation notwithstanding the defendant’s 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.