The Florida Senate

28.246  Payment of court-related fees, charges, and costs; partial payments; distribution of funds.--

(1)  Beginning July 1, 2003, the clerk of the circuit court shall report the following information to the Legislature and the Clerk of Court Operations Conference on a form developed by the Department of Financial Services:

(a)  The total amount of mandatory fees, services charges, and costs; the total amount actually assessed; the total amount discharged or waived; and the total amount collected.

(b)  The maximum amount of discretionary fees, service charges, and costs authorized; the total amount actually assessed; the total amount discharged or waived; and the total amount collected.

(c)  The total amount of mandatory fines and other monetary penalties; the total amount assessed; the total amount discharged or waived; and the total amount collected.

(d)  The maximum amount of discretionary fines and other monetary penalties; the total amount assessed; the total amount discharged or waived; and the total amount collected.

The clerk shall submit the report on a quarterly basis 30 days after the end of the quarter for the period from July 1, 2003, through June 30, 2004, and on an annual basis thereafter, 60 days after the end of the county fiscal year.

(2)  The clerk of the circuit court shall establish and maintain a system of accounts receivable for court-related fees, charges, and costs.

(3)  Court costs, fines, and other dispositional assessments shall be enforced by the courts, collected by the clerks of the circuit and county courts, and disbursed in accordance with authorizations and procedures as established by general law. Each clerk of the circuit court shall enter into a payment plan with defendants determined to be indigent and demonstrating an inability to pay court-related fees, charges, and costs in full.

(4)  The clerk of the circuit court shall accept partial payments for unpaid court-related fees, charges, and costs in accordance with the terms of an established payment plan.

(5)  When receiving partial payment of fees, service charges, court costs, and fines, clerks shall distribute funds according to the following order of priority:

(a)  That portion of fees, services charges, court costs, and fines payable to the clerk for the operations of the clerk and to be remitted to the state for deposit into the General Revenue Fund.

(b)  That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.

(c)  That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.

To offset processing costs, clerks may retain up to 1 percent of all collections of fees, service charges, court costs, and fines payable to other entities, except where otherwise provided in general law.

(6)  A clerk of court may pursue the collection of any fees, fines, court costs, or other costs imposed by the court which remain unpaid for 90 days or more, or refer such collection to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the clerk of the court must determine this is cost-effective and follow applicable procurement practices.

History.--s. 34, ch. 2003-402.