Florida Senate - 2020                             CS for SB 1328
       
       
        
       By the Committee on Judiciary; and Senator Wright
       
       
       
       
       
       590-02776-20                                          20201328c1
    1                        A bill to be entitled                      
    2         An act relating to fines and fees; amending s. 28.24,
    3         F.S.; removing the option for a monthly processing
    4         charge for certain payment plans established with the
    5         clerk of the circuit court; authorizing certain
    6         persons to make partial payments of an existing
    7         administrative processing charge; amending s. 28.246
    8         F.S.; revising the methods by which the clerk of the
    9         circuit court may accept payments for certain fees,
   10         charges, costs, and fines; requiring certain persons
   11         to apply to the clerk to enroll in a payment plan
   12         within a specified timeframe; requiring clerks to
   13         coordinate with courts to develop a specified process;
   14         providing requirements and court procedures for the
   15         payment plan; conforming a cross-reference;
   16         authorizing clerks of court to establish multicounty
   17         governmental authorities to administer payment plans;
   18         amending s. 28.42, F.S.; requiring the clerks of
   19         court, in consultation with the Florida Clerks of
   20         Court Operations Corporation, to develop a uniform
   21         payment plan form by a specified date; providing
   22         requirements for such form; requiring clerks of court,
   23         beginning on a specified date, to utilize such forms
   24         when establishing payment plans; amending s. 318.15,
   25         F.S.; expanding requirements for specified orders
   26         issued by the Department of Highway Safety and Motor
   27         Vehicles to include information related to a person’s
   28         option to enter into a certain payment plan; amending
   29         s. 318.20, F.S.; requiring that a notification form
   30         and the uniform traffic citation include certain
   31         information about paying a civil penalty; amending s.
   32         322.245, F.S.; expanding requirements for specified
   33         notices issued by the clerks of court to the
   34         Department of Highway Safety and Motor Vehicles to
   35         include information related to a person’s option to
   36         enter into a certain payment plan; amending ss. 27.52,
   37         34.191, and 57.082, F.S.; conforming cross-references;
   38         providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (26) of section 28.24, Florida
   43  Statutes, is amended to read:
   44         28.24 Service charges.—The clerk of the circuit court shall
   45  charge for services rendered manually or electronically by the
   46  clerk’s office in recording documents and instruments and in
   47  performing other specified duties. These charges may not exceed
   48  those specified in this section, except as provided in s.
   49  28.345.
   50         (26)(a) For receiving and disbursing all restitution
   51  payments, per payment: 3.50, from which the clerk shall remit
   52  0.50 per payment to the Department of Revenue for deposit into
   53  the General Revenue Fund.
   54         (b) For receiving and disbursing all partial payments,
   55  other than restitution payments, for which an administrative
   56  processing service charge is not imposed pursuant to s. 28.246,
   57  per month...................................................5.00
   58         (c) For setting up a payment plan, a one-time
   59  administrative processing charge in lieu of a per month charge
   60  under paragraph (b)........................................25.00
   61         (c)A person may pay the one-time administrative charge in
   62  paragraph (b) in no more than five equal monthly payments.
   63         Section 2. Present subsections (5) and (6) of section
   64  28.246, Florida Statutes, are redesignated as subsections (6)
   65  and (7), respectively, a new subsection (5) is added to that
   66  section, subsection (4) and present subsection (5) of that
   67  section are amended, and subsection (8) is added to that
   68  section, to read:
   69         28.246 Payment of court-related fines or other monetary
   70  penalties, fees, charges, and costs; partial payments;
   71  distribution of funds.—
   72         (4) Each The clerk of the circuit court shall accept
   73  scheduled partial payments for court-related fees, service
   74  charges, costs, and fines electronically, by mail, or in person,
   75  in accordance with the terms of an established payment plan and
   76  shall enroll. an individual seeking to defer payment of fees,
   77  service charges, costs, or fines imposed by operation of law or
   78  order of the court under any provision of general law shall
   79  apply to the clerk for enrollment in a payment plan no later
   80  than 30 calendar days after the date the court enters the order
   81  assessing fines, service charges, fees, and costs. If the
   82  individual is incarcerated, he or she shall apply to the clerk
   83  for enrollment in a payment plan within 30 calendar days after
   84  release. Each clerk shall coordinate with the court to develop a
   85  process in which the individual will meet with the clerk upon
   86  sentencing or as soon as thereafter as practical. If the clerk
   87  enters shall enter into a payment plan with an individual who
   88  the court determines is indigent for costs, the. A monthly
   89  payment amount, calculated based upon all fees and all
   90  anticipated fines, service charges, fees, and costs, is presumed
   91  to correspond to the person’s ability to pay if the amount does
   92  not exceed 2 percent of the person’s annual net income, as
   93  defined in s. 27.52(1), divided by 12 or $10, whichever is
   94  greater. The clerk shall establish all payment plan terms other
   95  than the total amount due and the court may review the
   96  reasonableness of the payment plan and may, on its own or by
   97  petition, waive, modify, or convert the outstanding fees,
   98  service charges, costs, or fines to community service if the
   99  court determines that the individual is indigent or due to
  100  compelling circumstances is unable to comply with the terms of
  101  the payment plan.
  102         (5)The clerk shall send notice within 5 days to an
  103  individual who fails to make a timely payment due under a
  104  payment plan. Such notice may be made by mail or electronically.
  105  The clerk shall transmit notice to the Department of Highway
  106  Safety and Motor Vehicles if any payment due under a payment
  107  plan is not received within 30 days after the due date unless
  108  the individual makes alternate payment arrangements or enters
  109  into a revised payment plan with the clerk before such date.
  110         (6)(5) When receiving partial payment of fees, service
  111  charges, court costs, and fines, clerks shall distribute funds
  112  according to the following order of priority:
  113         (a) That portion of fees, service charges, court costs, and
  114  fines to be remitted to the state for deposit into the General
  115  Revenue Fund.
  116         (b) That portion of fees, service charges, court costs, and
  117  fines required to be retained by the clerk of the court or
  118  deposited into the Clerks of the Court Trust Fund within the
  119  Department of Revenue.
  120         (c) That portion of fees, service charges, court costs, and
  121  fines payable to state trust funds, allocated on a pro rata
  122  basis among the various authorized funds if the total collection
  123  amount is insufficient to fully fund all such funds as provided
  124  by law.
  125         (d) That portion of fees, service charges, court costs, and
  126  fines payable to counties, municipalities, or other local
  127  entities, allocated on a pro rata basis among the various
  128  authorized recipients if the total collection amount is
  129  insufficient to fully fund all such recipients as provided by
  130  law.
  131  
  132  To offset processing costs, clerks shall impose may impose
  133  either a per-month service charge pursuant to s. 28.24(26)(b) or
  134  a one-time administrative processing service charge at the
  135  inception of the payment plan pursuant to s. 28.24(26)(b) s.
  136  28.24(26)(c).
  137         (8)A clerk of court may establish a multicounty
  138  intergovernmental authority pursuant to chapter 163 for the
  139  administration of payment plans in the various participating
  140  counties.
  141         Section 3. Section 28.42, Florida Statutes, is amended to
  142  read:
  143         28.42 Manual of filing fees, charges, costs, and fines;
  144  uniform payment plan forms.—
  145         (1) The clerks of court, through their association and in
  146  consultation with the Office of the State Courts Administrator,
  147  shall prepare and disseminate a manual of filing fees, service
  148  charges, costs, and fines imposed pursuant to state law, for
  149  each type of action and offense, and classified as mandatory or
  150  discretionary. The manual also shall classify the fee, charge,
  151  cost, or fine as court-related revenue or noncourt-related
  152  revenue. The clerks, through their association, shall
  153  disseminate this manual to the chief judge, state attorney,
  154  public defender, and court administrator in each circuit and to
  155  the clerk of the court in each county. The clerks, through their
  156  association and in consultation with the Office of the State
  157  Courts Administrator, shall at a minimum update and disseminate
  158  this manual on July 1 of each year.
  159         (2)By October 1, 2020, the clerks of court, through their
  160  association, in consultation with the Florida Clerks of Court
  161  Operations Corporation, shall develop a uniform payment plan
  162  form for use by persons seeking to establish a payment plan in
  163  accordance with s. 28.246. The form shall inform the person
  164  about the minimum payment due each month, the term of the plan,
  165  acceptable payment methods, and the circumstances under which a
  166  case may be sent to collections for nonpayment.
  167         (3)Beginning on January 1, 2021, each clerk of the court
  168  shall utilize the uniform payment plan form described in
  169  subsection (2) when establishing payment plans.
  170         Section 4. Paragraph (a) of subsection (1) of section
  171  318.15, Florida Statutes, is amended to read:
  172         318.15 Failure to comply with civil penalty or to appear;
  173  penalty.—
  174         (1)(a) If a person fails to comply with the civil penalties
  175  provided in s. 318.18 within the time period specified in s.
  176  318.14(4), fails to enter into or comply with the terms of a
  177  penalty payment plan with the clerk of the court in accordance
  178  with ss. 318.14 and 28.246, fails to attend driver improvement
  179  school, or fails to appear at a scheduled hearing, the clerk of
  180  the court shall notify the Department of Highway Safety and
  181  Motor Vehicles of such failure within 10 days after such
  182  failure, except as provided herein. Upon receipt of such notice,
  183  the department shall immediately issue an order suspending the
  184  driver license and privilege to drive of such person effective
  185  20 days after the date the order of suspension is mailed in
  186  accordance with s. 322.251(1), (2), and (6). The order must also
  187  contain information that the person may contact the clerk of the
  188  court to establish a payment plan pursuant to s. 28.246(4) to
  189  make partial payments for court-related fees, service charges,
  190  costs, and fines. Any such suspension of the driving privilege
  191  which has not been reinstated, including a similar suspension
  192  imposed outside Florida, shall remain on the records of the
  193  department for a period of 7 years from the date imposed and
  194  shall be removed from the records after the expiration of 7
  195  years from the date it is imposed. The department may not accept
  196  the resubmission of such suspension.
  197         Section 5. Section 318.20, Florida Statutes, is amended to
  198  read:
  199         318.20 Notification; duties of department.—The department
  200  shall prepare a notification form to be appended to, or
  201  incorporated as a part of, the Florida uniform traffic citation
  202  issued in accordance with s. 316.650. The notification form
  203  shall contain language informing persons charged with
  204  infractions to which this chapter applies of the procedures
  205  available to them under this chapter. Such notification shall
  206  contain a statement that, if the official determines that no
  207  infraction has been committed, no costs or penalties shall be
  208  imposed and any costs or penalties which have been paid shall be
  209  returned. A uniform traffic citation that is produced
  210  electronically must also include the information required by
  211  this section. The notification form and the uniform traffic
  212  citation must include information on paying the civil penalty to
  213  the clerk of the court.
  214         Section 6. Subsection (1) and paragraph (a) of subsection
  215  (5) of section 322.245, Florida Statutes, are amended to read:
  216         322.245 Suspension of license upon failure of person
  217  charged with specified offense under chapter 316, chapter 320,
  218  or this chapter to comply with directives ordered by traffic
  219  court or upon failure to pay child support in non-IV-D cases as
  220  provided in chapter 61 or failure to pay any financial
  221  obligation in any other criminal case.—
  222         (1) If a person charged with a violation of any of the
  223  criminal offenses enumerated in s. 318.17 or with the commission
  224  of any offense constituting a misdemeanor under chapter 320 or
  225  this chapter fails to comply with all of the directives of the
  226  court within the time allotted by the court, the clerk of the
  227  traffic court shall mail to the person, at the address specified
  228  on the uniform traffic citation, a notice of such failure,
  229  notifying him or her that, if he or she does not comply with the
  230  directives of the court within 30 days after the date of the
  231  notice and pay a delinquency fee of up to $25 to the clerk, from
  232  which the clerk shall remit $10 to the Department of Revenue for
  233  deposit into the General Revenue Fund, his or her driver license
  234  will be suspended. The notice shall be mailed no later than 5
  235  days after such failure, except as provided herein. The
  236  delinquency fee may be retained by the office of the clerk to
  237  defray the operating costs of the office.
  238         (5)(a) When the department receives notice from a clerk of
  239  the court that a person licensed to operate a motor vehicle in
  240  this state under the provisions of this chapter has failed to
  241  pay financial obligations for any criminal offense other than
  242  those specified in subsection (1), in full or in part under a
  243  payment plan pursuant to s. 28.246(4), the department shall
  244  suspend the license of the person named in the notice. The
  245  notice must also contain information that the person may contact
  246  the clerk of the court to establish a payment plan pursuant to
  247  s. 28.246(4) to make partial payments for court-related fees,
  248  service charges, costs, and fines.
  249         Section 7. Paragraph (i) of subsection (5) of section
  250  27.52, Florida Statutes, is amended to read:
  251         27.52 Determination of indigent status.—
  252         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  253  represented by a public defender under s. 27.51 but who is
  254  represented by private counsel not appointed by the court for a
  255  reasonable fee as approved by the court or on a pro bono basis,
  256  or who is proceeding pro se, may move the court for a
  257  determination that he or she is indigent for costs and eligible
  258  for the provision of due process services, as prescribed by ss.
  259  29.006 and 29.007, funded by the state.
  260         (i) A defendant who is found guilty of a criminal act by a
  261  court or jury or enters a plea of guilty or nolo contendere and
  262  who received due process services after being found indigent for
  263  costs under this subsection is liable for payment of due process
  264  costs expended by the state.
  265         1. The attorney representing the defendant, or the
  266  defendant if he or she is proceeding pro se, shall provide an
  267  accounting to the court delineating all costs paid or to be paid
  268  by the state within 90 days after disposition of the case
  269  notwithstanding any appeals.
  270         2. The court shall issue an order determining the amount of
  271  all costs paid by the state and any costs for which prepayment
  272  was waived under this section or s. 57.081. The clerk shall
  273  cause a certified copy of the order to be recorded in the
  274  official records of the county, at no cost. The recording
  275  constitutes a lien against the person in favor of the state in
  276  the county in which the order is recorded. The lien may be
  277  enforced in the same manner prescribed in s. 938.29.
  278         3. If the attorney or the pro se defendant fails to provide
  279  a complete accounting of costs expended by the state and
  280  consequently costs are omitted from the lien, the attorney or
  281  pro se defendant may not receive reimbursement or any other form
  282  of direct or indirect payment for those costs if the state has
  283  not paid the costs. The attorney or pro se defendant shall repay
  284  the state for those costs if the state has already paid the
  285  costs. The clerk of the court may establish a payment plan under
  286  s. 28.246 and may charge the attorney or pro se defendant a one
  287  time administrative processing charge under s. 28.24(26)(b) s.
  288  28.24(26)(c).
  289         Section 8. Subsection (1) of section 34.191, Florida
  290  Statutes, is amended to read:
  291         34.191 Fines and forfeitures; dispositions.—
  292         (1) All fines and forfeitures arising from offenses tried
  293  in the county court shall be collected and accounted for by the
  294  clerk of the court and, other than the charge provided in s.
  295  318.1215, disbursed in accordance with ss. 28.2402, 34.045,
  296  142.01, and 142.03 and subject to the provisions of s. 28.246(6)
  297  and (7) s. 28.246(5) and (6). Notwithstanding the provisions of
  298  this section, all fines and forfeitures arising from operation
  299  of the provisions of s. 318.1215 shall be disbursed in
  300  accordance with that section.
  301         Section 9. Subsection (6) of section 57.082, Florida
  302  Statutes, is amended to read:
  303         57.082 Determination of civil indigent status.—
  304         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  305  clerk or the court determines is indigent for civil proceedings
  306  under this section shall be enrolled in a payment plan under s.
  307  28.246 and shall be charged a one-time administrative processing
  308  charge under s. 28.24(26)(b) s. 28.24(26)(c). A monthly payment
  309  amount, calculated based upon all fees and all anticipated
  310  costs, is presumed to correspond to the person’s ability to pay
  311  if it does not exceed 2 percent of the person’s annual net
  312  income, as defined in subsection (1), divided by 12. The person
  313  may seek review of the clerk’s decisions regarding a payment
  314  plan established under s. 28.246 in the court having
  315  jurisdiction over the matter. A case may not be impeded in any
  316  way, delayed in filing, or delayed in its progress, including
  317  the final hearing and order, due to nonpayment of any fees or
  318  costs by an indigent person. Filing fees waived from payment
  319  under s. 57.081 may not be included in the calculation related
  320  to a payment plan established under this section.
  321         Section 10. This act shall take effect July 1, 2020.