Florida Senate - 2021 CS for SB 386 By the Committee on Judiciary; and Senator Wright 590-03550-21 2021386c1 1 A bill to be entitled 2 An act relating to courts; amending s. 28.246, F.S.; 3 revising a presumption regarding a monthly payment 4 amount under a payment plan for court-related 5 assessments; authorizing a court to waive, modify, and 6 convert certain fees, costs, and service charges into 7 community service under specified circumstances; 8 amending s. 318.21, F.S.; revising the disposition of 9 civil penalties received by a county court; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (4) of section 28.246, Florida 15 Statutes, is amended to read: 16 28.246 Payment of court-related fines or other monetary 17 penalties, fees, charges, and costs; partial payments; 18 distribution of funds.— 19 (4) The clerk of the circuit court shall accept partial 20 payments for court-related fees, service charges, costs, and 21 fines in accordance with the terms of an established payment 22 plan. An individual seeking to defer payment of fees, service 23 charges, costs, or fines imposed by operation of law or order of 24 the court under any provision of general law shall apply to the 25 clerk for enrollment in a payment plan. The clerk shall enter 26 into a payment plan with an individual who the court determines 27 is indigent for costs. A monthly payment amount, calculated 28 based upon all fees and all anticipated costs, is presumed to 29 correspond to the person’s ability to pay if the amount does not 30 exceed 2 percent of the person’s annual net income, as defined 31 in s. 27.52(1), divided by 12 or $10, whichever is greater. The 32 court may review the reasonableness of the payment plan and may, 33 on its own motion or by petition, waive, modify, or convert the 34 outstanding fees, costs, or service charges to community service 35 if the court determines that the individual is indigent or, due 36 to compelling circumstances, is unable to comply with the terms 37 of the payment plan. 38 Section 2. Paragraph (g) of subsection (2) of section 39 318.21, Florida Statutes, is amended, and subsection (1) of that 40 section is republished, to read: 41 318.21 Disposition of civil penalties by county courts.—All 42 civil penalties received by a county court pursuant to the 43 provisions of this chapter shall be distributed and paid monthly 44 as follows: 45 (1) One dollar from every civil penalty shall be remitted 46 to the Department of Revenue for deposit into the Child Welfare 47 Training Trust Fund for child welfare training purposes pursuant 48 to s. 402.40. One dollar from every civil penalty shall be 49 remitted to the Department of Revenue for deposit into the 50 Juvenile Justice Training Trust Fund for juvenile justice 51 purposes pursuant to s. 985.66. 52 (2) Of the remainder: 53 (g)1. If the violation occurred within a special 54 improvement district of the Seminole Indian Tribe or Miccosukee 55 Indian Tribe, 56.4 percent shall be paid to that special 56 improvement district. 57 2.
If the violation occurred within a municipality, 50.858 percent shall be paid to that municipality and 5.6 percent shall59 be deposited into the fine and forfeiture trust fund established60 pursuant to s. 142.01.61 3.If the violation occurred within a municipality or 62 within the unincorporated area of a county, including the 63 unincorporated areas, if any, of a government created pursuant 64 to s. 6(e), Art. VIII of the State Constitution, that is not 65 within a special improvement district of the Seminole Indian 66 Tribe or Miccosukee Indian Tribe, 56.4 percent shall be 67 deposited into the fine and forfeiture fund established pursuant 68 to s. 142.01. 69 Section 3. This act shall take effect July 1, 2021.