Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 386 Ì547058@Î547058 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Brandes) recommended the following: 1 Senate Substitute for Amendment (407108) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (4) of section 28.246, Florida 7 Statutes, is amended to read: 8 28.246 Payment of court-related fines or other monetary 9 penalties, fees, charges, and costs; partial payments; 10 distribution of funds.— 11 (4) The clerk of the circuit court shall accept partial 12 payments for court-related fees, service charges, costs, and 13 fines in accordance with the terms of an established payment 14 plan. An individual seeking to defer payment of fees, service 15 charges, costs, or fines imposed by operation of law or order of 16 the court under any provision of general law shall apply to the 17 clerk for enrollment in a payment plan. The clerk shall enter 18 into a payment plan with an individual who the court determines 19 is indigent for costs. A monthly payment amount, calculated 20 based upon all fees and all anticipated costs, is presumed to 21 correspond to the person’s ability to pay if the amount does not 22 exceed 2 percent of the person’s annual net income, as defined 23 in s. 27.52(1), divided by 12 or $10, whichever is greater. The 24 court may review the reasonableness of the payment plan and may, 25 on its own motion or by petition, waive, modify, or convert the 26 outstanding fees, costs, or service charges to community service 27 if the court determines that the individual is indigent or, due 28 to compelling circumstances, is unable to comply with the terms 29 of the payment plan. 30 Section 2. Paragraph (g) of subsection (2) of section 31 318.21, Florida Statutes, is amended, and subsection (1) of that 32 section is republished, to read: 33 318.21 Disposition of civil penalties by county courts.—All 34 civil penalties received by a county court pursuant to the 35 provisions of this chapter shall be distributed and paid monthly 36 as follows: 37 (1) One dollar from every civil penalty shall be remitted 38 to the Department of Revenue for deposit into the Child Welfare 39 Training Trust Fund for child welfare training purposes pursuant 40 to s. 402.40. One dollar from every civil penalty shall be 41 remitted to the Department of Revenue for deposit into the 42 Juvenile Justice Training Trust Fund for juvenile justice 43 purposes pursuant to s. 985.66. 44 (2) Of the remainder: 45 (g)1. If the violation occurred within a special 46 improvement district of the Seminole Indian Tribe or Miccosukee 47 Indian Tribe, 56.4 percent shall be paid to that special 48 improvement district. 49 2.
If the violation occurred within a municipality, 50.850 percent shall be paid to that municipality and 5.6 percent shall51 be deposited into the fine and forfeiture trust fund established52 pursuant to s. 142.01.53 3.If the violation occurred within a municipality or 54 within the unincorporated area of a county, including the 55 unincorporated areas, if any, of a government created pursuant 56 to s. 6(e), Art. VIII of the State Constitution, that is not 57 within a special improvement district of the Seminole Indian 58 Tribe or Miccosukee Indian Tribe, 56.4 percent shall be 59 deposited into the fine and forfeiture fund established pursuant 60 to s. 142.01. 61 Section 3. This act shall take effect July 1, 2021. 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete everything before the enacting clause 66 and insert: 67 A bill to be entitled 68 An act relating to courts; amending s. 28.246, F.S.; 69 revising a presumption regarding a monthly payment 70 amount; authorizing a court to waive, modify, and 71 convert certain fees, costs, and service charges into 72 community service under specified circumstances; 73 amending s. 318.21, F.S.; revising the disposition of 74 civil penalties received by a county court; providing 75 an effective date.