Florida Senate - 2021                              CS for SB 838
       
       
        
       By the Committee on Judiciary; and Senator Boyd
       
       
       
       
       
       590-02600-21                                           2021838c1
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.246, F.S.; clarifying the
    4         responsibility of an individual released from
    5         incarceration regarding enrolling in a payment plan
    6         for any outstanding court obligations; modifying the
    7         manner of calculating a monthly payment amount under a
    8         payment plan; requiring the clerk to establish all
    9         terms of a payment plan; amending s. 28.35, F.S.;
   10         modifying duties of the Florida Clerks of Court
   11         Operations Corporation with respect to the funding of
   12         clerks’ offices; conforming a cross-reference;
   13         amending s. 28.36, F.S.; conforming a cross-reference;
   14         requiring the corporation to establish and manage a
   15         contingency reserve within the Clerks of the Court
   16         Trust Fund for specified purposes; prescribing
   17         reporting requirements; specifying circumstances under
   18         which moneys held in reserve may be used; prescribing
   19         procedures for the release of such funds; amending s.
   20         28.37, F.S.; modifying a provision regarding state
   21         court system funding; defining terms; conforming a
   22         cross-reference; revising provisions governing the
   23         transfer of certain funds from the Clerks of the Court
   24         Trust Fund to the General Revenue Fund by the
   25         Department of Revenue; amending s. 28.42, F.S.;
   26         requiring the clerks to develop a uniform payment plan
   27         form by a specified date; prescribing requirements for
   28         the form; requiring the clerks to use such form by a
   29         specified date; amending ss. 318.15, 318.20, and
   30         322.245, F.S.; requiring orders and notifications for
   31         certain traffic citations and suspensions to include
   32         information regarding payment plans; amending s.
   33         775.083, F.S.; designating the clerk as the entity
   34         responsible for collecting payment of certain court
   35         obligations; requiring a person ordered to pay such
   36         obligations to contact the clerk in order to pay or
   37         establish a payment plan, unless otherwise provided;
   38         providing effective dates.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (4) of section 28.246, Florida
   43  Statutes, is amended to read:
   44         28.246 Payment of court-related fines or other monetary
   45  penalties, fees, charges, and costs; partial payments;
   46  distribution of funds.—
   47         (4)(a)Each The clerk of the circuit court shall accept
   48  partial payments for each case type for court-related fees,
   49  service charges, court costs, and fines in accordance with the
   50  terms of an established payment plan developed by the clerk.
   51         (b) An individual seeking to defer payment of fees, service
   52  charges, court costs, or fines imposed by operation of law or
   53  order of the court under any provision of general law shall
   54  apply to the clerk for enrollment in a payment plan. The clerk
   55  shall enter into a payment plan with an individual who the court
   56  determines is indigent for costs. It is the responsibility of an
   57  individual who is released from incarceration and has
   58  outstanding court obligations to contact the clerk within 30
   59  days after release to pay fees, service charges, court costs,
   60  and fines in full, or to apply for enrollment in a payment plan.
   61  A monthly payment amount, calculated based upon all fees and all
   62  anticipated fees, service charges, court costs, and fines, is
   63  presumed to correspond to the person’s ability to pay if the
   64  amount does not exceed 2 percent of the person’s annual net
   65  income, as defined in s. 27.52(1), divided by 12. The clerk
   66  shall establish all terms of a payment plan and the court may
   67  review the reasonableness of the payment plan.
   68         Section 2. Effective upon this act becoming a law,
   69  paragraph (f) of subsection (2) and paragraph (a) of subsection
   70  (3) of section 28.35, Florida Statutes, are amended, and
   71  paragraphs (i) and (j) are added to subsection (2) of that
   72  section, to read:
   73         28.35 Florida Clerks of Court Operations Corporation.—
   74         (2) The duties of the corporation shall include the
   75  following:
   76         (f) Approving the proposed budgets submitted by clerks of
   77  the court pursuant to s. 28.36. The corporation must ensure that
   78  the total combined budgets of the clerks of the court do not
   79  exceed the total estimated revenues from fees, service charges,
   80  court costs, and fines for court-related functions available for
   81  court-related expenditures as determined by the most recent
   82  Revenue Estimating Conference, plus the total of unspent
   83  budgeted funds for court-related functions carried forward by
   84  the clerks of the court from the previous county fiscal year,
   85  and plus the balance of funds remaining in the Clerks of the
   86  Court Trust Fund after the transfer of funds to the General
   87  Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
   88  appropriations for court-related functions s. 28.37(3)(b). The
   89  corporation may amend any individual clerk of the court budget
   90  to ensure compliance with this paragraph and must consider
   91  performance measures, workload performance standards, workload
   92  measures, and expense data before modifying the budget. As part
   93  of this process, the corporation shall:
   94         1. Calculate the minimum amount of revenue necessary for
   95  each clerk of the court to efficiently perform the list of
   96  court-related functions specified in paragraph (3)(a). The
   97  corporation shall apply the workload measures appropriate for
   98  determining the individual level of review required to fund the
   99  clerk’s budget.
  100         2. Prepare a cost comparison of similarly situated clerks
  101  of the court, based on county population and numbers of filings,
  102  using the standard list of court-related functions specified in
  103  paragraph (3)(a).
  104         3. Conduct an annual base budget review and an annual
  105  budget exercise examining the total budget of each clerk of the
  106  court. The review shall examine revenues from all sources,
  107  expenses of court-related functions, and expenses of noncourt
  108  related functions as necessary to determine that court-related
  109  revenues are not being used for noncourt-related purposes. The
  110  review and exercise shall identify potential targeted budget
  111  reductions in the percentage amount provided in Schedule VIII-B
  112  of the state’s previous year’s legislative budget instructions,
  113  as referenced in s. 216.023(3), or an equivalent schedule or
  114  instruction as may be adopted by the Legislature.
  115         4. Identify those proposed budgets containing funding for
  116  items not included on the standard list of court-related
  117  functions specified in paragraph (3)(a).
  118         5. Identify those clerks projected to have court-related
  119  revenues insufficient to fund their anticipated court-related
  120  expenditures.
  121         6. Use revenue estimates based on the official estimate for
  122  funds from fees, service charges, court costs, and fines for
  123  court-related functions accruing to the clerks of the court made
  124  by the Revenue Estimating Conference, as well as any unspent
  125  budgeted funds for court-related functions carried forward by
  126  the clerks of the court from the previous county fiscal year and
  127  the balance of funds remaining in the Clerks of the Court Trust
  128  Fund after the transfer of funds to the General Revenue Fund
  129  required pursuant to s. 28.37(4)(b), plus any appropriations for
  130  the purpose of funding court-related functions s. 28.37(3)(b).
  131         7. Identify pay and benefit increases in any proposed clerk
  132  budget, including, but not limited to, cost of living increases,
  133  merit increases, and bonuses.
  134         8. Identify increases in anticipated expenditures in any
  135  clerk budget that exceeds the current year budget by more than 3
  136  percent.
  137         9. Identify the budget of any clerk which exceeds the
  138  average budget of similarly situated clerks by more than 10
  139  percent.
  140         10. Request the Governor to order, pursuant to s.
  141  215.18(1), a temporary transfer of moneys from unobligated funds
  142  in the State Treasury to the Clerks of the Court Trust Fund in
  143  the Department of Revenue to meet temporary deficiencies in that
  144  fund.
  145         11. Determine if the estimated revenue available for the
  146  upcoming county fiscal year is adequate to fund court-related
  147  functions, and certify and submit any aggregate difference to
  148  the chairs of the legislative appropriations committees and the
  149  Executive Office of the Governor for consideration, at least 30
  150  days before the start of the next regular session of the
  151  Legislature.
  152  
  153  For the purposes of this paragraph, the term “unspent budgeted
  154  funds for court-related functions” means undisbursed funds
  155  included in the clerks of the courts budgets for court-related
  156  functions established pursuant to this section and s. 28.36.
  157         (i) If the corporation determines that the cumulative
  158  budget for all clerks will vary by more than 5 percent from the
  159  approved cumulative budget for the previous year, certify to the
  160  Legislature the specific causes for the variance and how each
  161  variance relates to the clerks’ responsibilities in performing
  162  their court-related functions.
  163         (j) Prepare and submit legislative budget requests to the
  164  Legislature, consistent with the requirements of s. 216.023.
  165  Such requests must be submitted for any fiscal year for which
  166  the corporation determines that new duties or financial
  167  obligations under s. 28.36(4), beyond those funded in prior
  168  fiscal years, have been imposed on the court-related functions
  169  of clerks of the court; and for any fiscal year for which the
  170  corporation determines that the total estimated revenues
  171  available for court-related expenditures as determined by the
  172  most recent Revenue Estimating Conference, unspent revenues
  173  carried forward from the previous fiscal year, and budget
  174  amendments and appropriations made by law for the purpose of
  175  funding court-related functions will be inadequate to provide
  176  funding for court-related functions of clerks of the court at
  177  the current level of operations.
  178         (3)(a) The list of court-related functions that clerks may
  179  fund from filing fees, service charges, court costs, and fines
  180  is limited to those functions expressly authorized by law or
  181  court rule. Those functions include the following: case
  182  maintenance; records management; court preparation and
  183  attendance; processing the assignment, reopening, and
  184  reassignment of cases; processing of appeals; collection and
  185  distribution of fines, fees, service charges, and court costs;
  186  processing of bond forfeiture payments; data collection and
  187  reporting; determinations of indigent status; and paying
  188  reasonable administrative support costs to enable the clerk of
  189  the court to carry out these court-related functions.
  190         Section 3. Effective upon this act becoming a law, present
  191  subsections (3) and (4) of section 28.36, Florida Statutes, are
  192  redesignated as subsections (4) and (5), a new subsection (3) is
  193  added to that section, and subsection (1), paragraph (b) of
  194  subsection (2), and present subsection (4) of that section are
  195  amended, to read:
  196         28.36 Budget procedure.—There is established a budget
  197  procedure for the court-related functions of the clerks of the
  198  court.
  199         (1) Only those functions listed in s. 28.35(3)(a) may be
  200  funded from fees, service charges, court costs, and fines
  201  retained by the clerks of the court.
  202         (2) Each proposed budget shall further conform to the
  203  following requirements:
  204         (b) The proposed budget must be balanced such that the
  205  total of the estimated revenues available equals or exceeds the
  206  total of the anticipated expenditures. Such revenues include
  207  revenue projected to be received from fees, service charges,
  208  court costs, and fines for court-related functions during the
  209  fiscal period covered by the budget, plus the total of unspent
  210  budgeted funds for court-related functions carried forward by
  211  the clerk of the court from the previous county fiscal year and
  212  plus the portion of the balance of funds remaining in the Clerks
  213  of the Court Trust Fund after the transfer of funds to the
  214  General Revenue Fund required pursuant to s. 28.37(4)(b) s.
  215  28.37(3)(b) which has been allocated to each respective clerk of
  216  the court by the Florida Clerks of Court Operations Corporation.
  217  For the purposes of this paragraph, the term “unspent budgeted
  218  funds for court-related functions” means undisbursed funds
  219  included in the clerk of the courts’ budget for court related
  220  functions established pursuant to s. 28.35 and this section. The
  221  anticipated expenditures must be itemized as required by the
  222  corporation.
  223         (3)(a) The Florida Clerks of Court Operations Corporation
  224  shall establish and manage a reserve for contingencies within
  225  the Clerks of the Court Trust Fund which must consist of an
  226  amount not to exceed 16 percent of the total budget authority
  227  for the clerks of court during the current county fiscal year,
  228  to be carried forward at the end of the fiscal year. Funds to be
  229  held in reserve include transfers of cumulative excess, as
  230  provided in s. 28.37(4)(b), from the Clerks of the Court Trust
  231  Fund and may also include revenues provided by law or moneys
  232  appropriated by the Legislature.
  233         (b) The corporation shall provide a reporting of the
  234  balance and use of these funds during each county fiscal year as
  235  part of the corporation’s annual report submitted under s.
  236  28.35(2)(h).
  237         (c) The corporation may use the reserve to ensure the
  238  clerks of court can perform the court-related functions as
  239  provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
  240  Trust Fund which are held in reserve may be used by the
  241  corporation under the following circumstances:
  242         1. To offset a current deficit between the revenue
  243  available and the original budget authority. A deficit is deemed
  244  to occur when the revenue available to the clerks of court falls
  245  below the original revenue projection for that county fiscal
  246  year.
  247         2.To provide funding for an emergency, as defined in s.
  248  252.34(4). The emergency must have been declared by the
  249  Governor, pursuant to s. 252.36, or otherwise declared by law.
  250         3. If, after the corporation has notified the Legislature
  251  of a deficit under s. 28.35(2)(f)11., there remains a deficit
  252  between the total revenues available and the total budget from
  253  the current county fiscal year, to provide funds in the
  254  development of the total aggregate budget of the clerks of court
  255  to ensure that a minimum continuation budget is met. For
  256  purposes of this subparagraph, a minimum continuation budget is
  257  the budget approved for the current county fiscal year or some
  258  lesser amount adopted by the corporation.
  259         (d) To use the reserve, the corporation must request a
  260  budget amendment pursuant to s. 216.292.
  261         (5)(4) The corporation may approve increases or decreases
  262  to the previously authorized budgets approved for individual
  263  clerks of the court pursuant to s. 28.35 for court-related
  264  functions, if:
  265         (a) The additional budget authority is necessary to pay the
  266  cost of performing new or additional functions required by
  267  changes in law or court rule; or
  268         (b) The additional budget authority is necessary to pay the
  269  cost of supporting increases in the number of judges or
  270  magistrates authorized by the Legislature, or for increases in
  271  the use of hearing officers and senior judges assigned by the
  272  courts.
  273         Section 4. Effective upon this act becoming a law, section
  274  28.37, Florida Statutes, is amended to read:
  275         28.37 Fines, fees, service charges, and costs remitted to
  276  the state.—
  277         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  278  selected salaries, costs, and expenses of the state courts
  279  system and court-related functions shall be funded from a
  280  portion of the revenues derived from statutory fines, fees,
  281  service charges, and court costs collected by the clerks of the
  282  court, and from adequate and appropriate supplemental funding
  283  from state revenues as appropriated by the Legislature.
  284         (2) DEFINITIONS.—As used in this section, the term:
  285         (a) “Cumulative excess” means revenues derived from fines,
  286  fees, service charges, and court costs collected by the clerks
  287  of the court which are greater than the original revenue
  288  projection.
  289         (b) “Original revenue projection” means the official
  290  estimate, as determined by the Revenue Estimating Conference, of
  291  revenues from fines, fees, service charges, and court costs
  292  available for court-related functions for the county fiscal year
  293  covered by the projection.
  294         (3)The Beginning November 1, 2013, that portion of all
  295  fines, fees, service charges, and costs collected by the clerks
  296  of the court for the previous month which is in excess of one
  297  twelfth of the clerks’ total budget for the performance of
  298  court-related functions must shall be remitted to the Department
  299  of Revenue for deposit into the Clerks of the Court Trust Fund.
  300  Such collections do not include funding received for the
  301  operation of the Title IV-D child support collections and
  302  disbursement program. The clerk of the court shall remit the
  303  revenues collected during the previous month due to the state on
  304  or before the 10th day of each month.
  305         (4)(a)(3)(a) Each year, no later than January 25, for the
  306  previous county fiscal year, the clerks of court, in
  307  consultation with the Florida Clerks of Court Operations
  308  Corporation, shall remit to the Department of Revenue for
  309  deposit in the Clerks of the Court Trust Fund the cumulative
  310  excess of all fines, fees, service charges, and court costs
  311  retained by the clerks of the court, plus any funds received by
  312  the clerks of the court from the Clerks of the Court Trust Fund
  313  under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
  314  meet their authorized budget amounts established under s. 28.35.
  315         (b) No later than February 1, 2022, and each February 1
  316  thereafter, the Department of Revenue shall transfer 50 percent
  317  of the cumulative excess of the original revenue projection from
  318  the Clerks of the Court Trust Fund to the General Revenue Fund.
  319  The remaining 50 percent in the Clerks of the Court Trust Fund
  320  may be used in the development of the total combined budgets of
  321  the clerks of the court as provided in s. 28.35(2)(f)6. However,
  322  a minimum of 10 percent of the clerk-retained portion of the
  323  cumulative excess amount must be held in reserve until such
  324  funds reach an amount equal to at least 16 percent of the total
  325  budget authority from the current county fiscal year, as
  326  provided in s. 28.36(3)(a)
  327         1. No later than February 1, 2020, the Department of
  328  Revenue shall transfer from the Clerks of the Court Trust Fund
  329  to the General Revenue Fund the sum of the cumulative excess of
  330  all fines, fees, service charges, and costs submitted by the
  331  clerks of court pursuant to subsection (2) and the cumulative
  332  excess of all fines, fees, service charges, and costs remitted
  333  by the clerks of court pursuant to paragraph (a) in excess of
  334  $10 million.
  335         2. No later than February 1, 2021, the Department of
  336  Revenue shall transfer from the Clerks of the Court Trust Fund
  337  to the General Revenue Fund not less than 50 percent of the sum
  338  of the cumulative excess of all fines, fees, service charges,
  339  and costs submitted by the clerks of court pursuant to
  340  subsection (2) and the cumulative excess of all fines, fees,
  341  service charges, and costs remitted by the clerks of court
  342  pursuant to paragraph (a); provided however, the balance
  343  remaining in the Clerks of Courts Trust Fund after such transfer
  344  may not be more than $20 million.
  345         3. No later than February 1, 2022, the Department of
  346  Revenue shall transfer from the Clerks of the Court Trust Fund
  347  to the General Revenue Fund not less than 50 percent of the sum
  348  of the cumulative excess of all fines, fees, service charges,
  349  and costs submitted by the clerks of court pursuant to
  350  subsection (2) and the cumulative excess of all fines, fees,
  351  service charges, and costs remitted by the clerks of court
  352  pursuant to paragraph (a); provided however, the balance
  353  remaining in the Clerks of Courts Trust Fund after such transfer
  354  may not be more than $20 million.
  355         4. No later than February 1, 2023, and each February 1
  356  thereafter, the Department of Revenue shall transfer from the
  357  Clerks of the Court Trust Fund to the General Revenue Fund the
  358  cumulative excess of all fines, fees, service charges, and costs
  359  submitted by the clerks of court pursuant to subsection (2) and
  360  the cumulative excess of all fines, fees, service charges, and
  361  costs remitted by the clerks of court pursuant to paragraph (a).
  362         (5)(4) The Department of Revenue shall collect any funds
  363  that the Florida Clerks of Court Operations Corporation
  364  determines upon investigation were due but not remitted to the
  365  Department of Revenue. The corporation shall notify the clerk of
  366  the court and the Department of Revenue of the amount due to the
  367  Department of Revenue. The clerk of the court shall remit the
  368  amount due no later than the 10th day of the month following the
  369  month in which notice is provided by the corporation to the
  370  clerk of the court.
  371         (6)(5) Ten percent of all court-related fines collected by
  372  the clerk, except for penalties or fines distributed to counties
  373  or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  374  must shall be deposited into the fine and forfeiture fund to be
  375  used exclusively for clerk court-related functions, as provided
  376  in s. 28.35(3)(a).
  377         Section 5. Section 28.42, Florida Statutes, is amended to
  378  read:
  379         28.42 Manual of filing fees, charges, costs, and fines;
  380  payment plan form.—
  381         (1) The clerks of court, through their association and in
  382  consultation with the Office of the State Courts Administrator,
  383  shall prepare and disseminate a manual of filing fees, service
  384  charges, costs, and fines imposed pursuant to state law, for
  385  each type of action and offense, and classified as mandatory or
  386  discretionary. The manual also shall classify the fee, charge,
  387  cost, or fine as court-related revenue or noncourt-related
  388  revenue. The clerks, through their association, shall
  389  disseminate this manual to the chief judge, state attorney,
  390  public defender, and court administrator in each circuit and to
  391  the clerk of the court in each county. The clerks, through their
  392  association and in consultation with the Office of the State
  393  Courts Administrator, shall at a minimum update and disseminate
  394  this manual on July 1 of each year.
  395         (2) By October 1, 2021, the clerks of court, through the
  396  Florida Clerks of Court Operations Corporation, shall develop a
  397  uniform payment plan form for use by persons seeking to
  398  establish a payment plan in accordance with s. 28.246(4). The
  399  form must inform the person of the minimum payment due each
  400  month, the term of the plan, acceptable payment methods, and the
  401  circumstances under which a case may be sent to collections for
  402  nonpayment.
  403         (3) By January 1, 2022, each clerk of court shall use the
  404  uniform payment plan form developed pursuant to subsection (2)
  405  when establishing payment plans.
  406         Section 6. Paragraph (a) of subsection (1) of section
  407  318.15, Florida Statutes, is amended to read:
  408         318.15 Failure to comply with civil penalty or to appear;
  409  penalty.—
  410         (1)(a) If a person fails to comply with the civil penalties
  411  provided in s. 318.18 within the time period specified in s.
  412  318.14(4), fails to enter into or comply with the terms of a
  413  penalty payment plan with the clerk of the court in accordance
  414  with ss. 318.14 and 28.246, fails to attend driver improvement
  415  school, or fails to appear at a scheduled hearing, the clerk of
  416  the court must shall notify the Department of Highway Safety and
  417  Motor Vehicles of such failure within 10 days after such
  418  failure. Upon receipt of such notice, the department must shall
  419  immediately issue an order suspending the driver license and
  420  privilege to drive of such person effective 20 days after the
  421  date the order of suspension is mailed in accordance with s.
  422  322.251(1), (2), and (6). The order also must inform the person
  423  that he or she may contact the clerk of the court to establish a
  424  payment plan pursuant to s. 28.246(4) to make partial payments
  425  for court-related fines, fees, service charges, and court costs.
  426  Any such suspension of the driving privilege which has not been
  427  reinstated, including a similar suspension imposed outside of
  428  this state Florida, must shall remain on the records of the
  429  department for a period of 7 years from the date imposed and
  430  must shall be removed from the records after the expiration of 7
  431  years from the date it is imposed. The department may not accept
  432  the resubmission of such suspension.
  433         Section 7. Section 318.20, Florida Statutes, is amended to
  434  read:
  435         318.20 Notification; duties of department.—The department
  436  shall prepare a notification form to be appended to, or
  437  incorporated as a part of, the Florida uniform traffic citation
  438  issued in accordance with s. 316.650. The notification form must
  439  shall contain language informing persons charged with
  440  infractions to which this chapter applies of the procedures
  441  available to them under this chapter. Such notification form
  442  must shall contain a statement that, if the official determines
  443  that no infraction has been committed, no costs or penalties may
  444  shall be imposed and any costs or penalties that which have been
  445  paid will shall be returned. Additionally, the notification form
  446  must include information on paying the civil penalty to the
  447  clerk of the court and the ability to establish a payment plan
  448  pursuant to s. 28.246(4). A uniform traffic citation that is
  449  produced electronically must also include the information
  450  required by this section.
  451         Section 8. Subsections (1) and (3) and paragraph (a) of
  452  subsection (5) of section 322.245, Florida Statutes, are amended
  453  to read:
  454         322.245 Suspension of license upon failure of person
  455  charged with specified offense under chapter 316, chapter 320,
  456  or this chapter to comply with directives ordered by traffic
  457  court or upon failure to pay child support in non-IV-D cases as
  458  provided in chapter 61 or failure to pay any financial
  459  obligation in any other criminal case.—
  460         (1) If a person charged with a violation of any of the
  461  criminal offenses enumerated in s. 318.17 or with the commission
  462  of any offense constituting a misdemeanor under chapter 320 or
  463  this chapter fails to comply with all of the directives of the
  464  court within the time allotted by the court, the clerk of the
  465  traffic court must provide shall mail to the person, either
  466  electronically or by mail sent to at the address specified on
  467  the uniform traffic citation, a notice of such failure,
  468  notifying him or her that, if he or she does not comply with the
  469  directives of the court within 30 days after the date of the
  470  notice and pay a delinquency fee of up to $25 to the clerk, from
  471  which the clerk shall remit $10 to the Department of Revenue for
  472  deposit into the General Revenue Fund, his or her driver license
  473  will be suspended. The notice must shall be sent mailed no later
  474  than 5 days after such failure. The delinquency fee may be
  475  retained by the office of the clerk to defray the operating
  476  costs of the office.
  477         (3) If the person fails to comply with the directives of
  478  the court within the 30-day period, or, in non-IV-D cases, fails
  479  to comply with the requirements of s. 61.13016 within the period
  480  specified in that statute, the depository or the clerk of the
  481  court must shall electronically notify the department of such
  482  failure within 10 days. Upon electronic receipt of the notice,
  483  the department shall immediately issue an order suspending the
  484  person’s driver license and privilege to drive effective 20 days
  485  after the date the order of suspension is mailed in accordance
  486  with s. 322.251(1), (2), and (6). The order of suspension must
  487  also contain information specifying that the person may contact
  488  the clerk of the court to establish a payment plan pursuant to
  489  s. 28.246(4) to make partial payments for fines, fees, service
  490  charges, and court costs.
  491         (5)(a) When the department receives notice from a clerk of
  492  the court that a person licensed to operate a motor vehicle in
  493  this state under the provisions of this chapter has failed to
  494  pay financial obligations for any criminal offense other than
  495  those specified in subsection (1), in full or in part under a
  496  payment plan pursuant to s. 28.246(4), the department must shall
  497  suspend the license of the person named in the notice. The
  498  department shall mail an order of suspension in accordance with
  499  s. 322.251(1), (2), and (6), which must also contain information
  500  specifying that the person may contact the clerk of the court to
  501  establish a payment plan pursuant to s. 28.246(4) to make
  502  partial payments for fines, fees, service charges, and court
  503  costs.
  504         Section 9. Present subsection (3) of section 775.083,
  505  Florida Statutes, is redesignated as subsection (4), and a new
  506  subsection (3) is added to that section, to read:
  507         775.083 Fines.—
  508         (3) The clerk of the court of each county is the entity
  509  responsible for collecting payment of fines, fees, service
  510  charges, and court costs. Unless otherwise designated by the
  511  court, a person who has been ordered to pay court obligations
  512  under this section shall immediately contact the clerk to pay
  513  fines, fees, service charges, and court costs in full, or to
  514  apply for enrollment in a payment plan, pursuant to s.
  515  28.246(4).
  516         Section 10. Except as otherwise expressly provided in this
  517  act, and except for this section, which shall take effect upon
  518  this act becoming a law, this act shall take effect October 1,
  519  2021.