Florida Senate - 2021                                     SB 386
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00253B-21                                           2021386__
    1                        A bill to be entitled                      
    2         An act relating to payments to clerks of the circuit
    3         courts; amending s. 27.52, F.S.; conforming a cross
    4         reference; amending s. 28.24, F.S.; providing
    5         procedures for payment plans; amending s. 28.246,
    6         F.S.; revising the methods by which clerks of the
    7         circuit courts must accept payments for certain fees,
    8         charges, costs, and fines; providing requirements for
    9         entering into payment plans; authorizing a court to
   10         waive, modify, and convert certain fines and fees into
   11         community service under specified circumstances;
   12         authorizing the clerks of court to send specified
   13         notices relating to payment plans; authorizing the
   14         clerks of court to waive certain fees for individuals
   15         who enroll in automatic electronic debit payment
   16         plans; amending s. 28.42, F.S.; requiring the clerks
   17         of court, in consultation with the Florida Clerks of
   18         Court Operations Corporation, to develop a uniform
   19         payment plan form by a specified date; providing
   20         minimum criteria for the form; requiring clerks of
   21         court to use such forms by a specified date; amending
   22         s. 57.082, F.S.; conforming a cross-reference and
   23         provisions to changes made by the act; amending s.
   24         318.15, F.S.; authorizing, rather than requiring,
   25         clerks of court to notify the Department of Highway
   26         Safety and Motor Vehicles under certain circumstances;
   27         extending the timeframe for issuing certain notices;
   28         amending s. 318.20, F.S.; requiring that a
   29         notification form and the uniform traffic citation
   30         include certain information about paying a civil
   31         penalty; amending s. 322.245, F.S.; authorizing
   32         certain persons to apply for reinstatement of their
   33         suspended licenses under certain circumstances;
   34         providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Paragraph (i) of subsection (5) of section
   39  27.52, Florida Statutes, is amended to read:
   40         27.52 Determination of indigent status.—
   41         (5) INDIGENT FOR COSTS.—A person who is eligible to be
   42  represented by a public defender under s. 27.51 but who is
   43  represented by private counsel not appointed by the court for a
   44  reasonable fee as approved by the court or on a pro bono basis,
   45  or who is proceeding pro se, may move the court for a
   46  determination that he or she is indigent for costs and eligible
   47  for the provision of due process services, as prescribed by ss.
   48  29.006 and 29.007, funded by the state.
   49         (i) A defendant who is found guilty of a criminal act by a
   50  court or jury or enters a plea of guilty or nolo contendere and
   51  who received due process services after being found indigent for
   52  costs under this subsection is liable for payment of due process
   53  costs expended by the state.
   54         1. The attorney representing the defendant, or the
   55  defendant if he or she is proceeding pro se, shall provide an
   56  accounting to the court delineating all costs paid or to be paid
   57  by the state within 90 days after disposition of the case
   58  notwithstanding any appeals.
   59         2. The court shall issue an order determining the amount of
   60  all costs paid by the state and any costs for which prepayment
   61  was waived under this section or s. 57.081. The clerk shall
   62  cause a certified copy of the order to be recorded in the
   63  official records of the county, at no cost. The recording
   64  constitutes a lien against the person in favor of the state in
   65  the county in which the order is recorded. The lien may be
   66  enforced in the same manner prescribed in s. 938.29.
   67         3. If the attorney or the pro se defendant fails to provide
   68  a complete accounting of costs expended by the state and
   69  consequently costs are omitted from the lien, the attorney or
   70  pro se defendant may not receive reimbursement or any other form
   71  of direct or indirect payment for those costs if the state has
   72  not paid the costs. The attorney or pro se defendant shall repay
   73  the state for those costs if the state has already paid the
   74  costs. The clerk of the court may establish a payment plan under
   75  s. 28.246 and may charge the attorney or pro se defendant a one
   76  time administrative processing charge under s. 28.24(26)(b) s.
   77  28.24(26)(c).
   78         Section 2. Subsection (26) of section 28.24, Florida
   79  Statutes, is amended to read:
   80         28.24 Service charges.—The clerk of the circuit court shall
   81  charge for services rendered manually or electronically by the
   82  clerk’s office in recording documents and instruments and in
   83  performing other specified duties. These charges may not exceed
   84  those specified in this section, except as provided in s.
   85  28.345.
   86         (26)(a) For receiving and disbursing all restitution
   87  payments, per payment: 3.50, from which the clerk shall remit
   88  0.50 per payment to the Department of Revenue for deposit into
   89  the General Revenue Fund.
   90         (b) For receiving and disbursing all partial payments,
   91  other than restitution payments, for which an administrative
   92  processing service charge is not imposed pursuant to s. 28.246,
   93  per month...................................................5.00
   94         (c) For setting up a payment plan, a one-time
   95  administrative processing charge of in lieu of a per month
   96  charge under paragraph (b)................................25.00.
   97         (c)A person may pay the one-time administrative processing
   98  charge in paragraph (b) in no more than five equal monthly
   99  payments.
  100         Section 3. Subsections (4) and (5) of section 28.246,
  101  Florida Statutes, are amended to read:
  102         28.246 Payment of court-related fines or other monetary
  103  penalties, fees, charges, and costs; partial payments;
  104  distribution of funds.—
  105         (4) Each The clerk of the circuit court shall accept
  106  scheduled partial payments for court-related fees, service
  107  charges, costs, and fines electronically, by mail, or in person,
  108  in accordance with the terms of an established payment plan and
  109  enroll. an individual seeking to defer payment of fees, service
  110  charges, costs, or fines imposed by operation of law or order of
  111  the court under any provision of general law no later than 30
  112  calendar days after the date the court enters the order
  113  assessing any such fees, service charges, costs, and fines. If
  114  the individual is incarcerated, the individual shall apply to
  115  the clerk for enrollment in a payment plan within 30 calendar
  116  days after release. The clerk of court may not refer a case to
  117  collection or send notice to the department to suspend an
  118  individual’s driver license for nonpayment or failure to comply
  119  with the terms of a payment plan if the individual is still
  120  incarcerated. The clerk shall enroll individuals with a deposit
  121  or credit card account, or with other means of automatic
  122  withdrawal, in an automatic payment plan arrangement to ensure
  123  timely payment under the plan. Each clerk shall work with the
  124  court to develop a process in which the individual will meet
  125  with the clerk upon disposition or as soon thereafter as
  126  practicable. If the clerk enters shall enter into a payment plan
  127  with an individual who the court determines is indigent for
  128  costs, the. A monthly payment amount shall be, calculated based
  129  upon all fees and all anticipated fees, service charges, costs,
  130  and fines owed within the county, and is presumed to correspond
  131  to the person’s ability to pay if the amount does not exceed 2
  132  percent of the person’s annual net income, as defined in s.
  133  27.52(1), divided by 12 or $10, whichever is greater. The court
  134  may review the reasonableness of the payment plan and may, on
  135  its own motion or by petition, waive, modify, or convert the
  136  outstanding fines, fees, costs, or service charges to community
  137  service if the court determines that the individual is indigent
  138  or, due to compelling circumstances, is unable to comply with
  139  the terms of the payment plan.
  140         (5)(a)The clerk may send notices, electronically or by
  141  mail, to remind an individual of an upcoming or missed payment.
  142         (b) When receiving partial payment of fees, service
  143  charges, court costs, and fines, clerks shall distribute funds
  144  according to the following order of priority:
  145         1.(a) That portion of fees, service charges, court costs,
  146  and fines to be remitted to the state for deposit into the
  147  General Revenue Fund.
  148         2.(b) That portion of fees, service charges, court costs,
  149  and fines required to be retained by the clerk of the court or
  150  deposited into the Clerks of the Court Trust Fund within the
  151  Department of Revenue.
  152         3.(c) That portion of fees, service charges, court costs,
  153  and fines payable to state trust funds, allocated on a pro rata
  154  basis among the various authorized funds if the total collection
  155  amount is insufficient to fully fund all such funds as provided
  156  by law.
  157         4.(d) That portion of fees, service charges, court costs,
  158  and fines payable to counties, municipalities, or other local
  159  entities, allocated on a pro rata basis among the various
  160  authorized recipients if the total collection amount is
  161  insufficient to fully fund all such recipients as provided by
  162  law.
  163  
  164  To offset processing costs, clerks may impose either a per-month
  165  service charge pursuant to s. 28.24(26)(b) or a one-time
  166  administrative processing service charge at the inception of the
  167  payment plan pursuant to s. 28.24(26)(b) s. 28.24(26)(c). The
  168  clerk of court may waive this fee for any individual who enrolls
  169  in an automatic electronic debit payment plan.
  170         Section 4. Section 28.42, Florida Statutes, is amended to
  171  read:
  172         28.42 Manual of filing fees, charges, costs, and fines;
  173  uniform payment plan forms.—
  174         (1) The clerks of court, through their association and in
  175  consultation with the Office of the State Courts Administrator,
  176  shall prepare and disseminate a manual of filing fees, service
  177  charges, costs, and fines imposed pursuant to state law, for
  178  each type of action and offense, and classified as mandatory or
  179  discretionary. The manual also shall classify the fee, charge,
  180  cost, or fine as court-related revenue or noncourt-related
  181  revenue. The clerks, through their association, shall
  182  disseminate this manual to the chief judge, state attorney,
  183  public defender, and court administrator in each circuit and to
  184  the clerk of the court in each county. The clerks, through their
  185  association and in consultation with the Office of the State
  186  Courts Administrator, shall at a minimum update and disseminate
  187  this manual on July 1 of each year.
  188         (2)By October 1, 2021, the clerks of court, through their
  189  association, in consultation with the Florida Clerks of Court
  190  Operations Corporation, shall develop a uniform payment plan
  191  form for use by individuals seeking to establish a payment plan
  192  in accordance with s. 28.246. The form shall inform the
  193  individual about the minimum payment due each month, the term of
  194  the plan, acceptable payment methods, and the circumstances
  195  under which a case may be sent to collections for nonpayment.
  196         (3) By January 1, 2022, each clerk of the court shall use
  197  the uniform payment plan form described in subsection (2) when
  198  establishing payment plans.
  199         Section 5. Subsection (6) of section 57.082, Florida
  200  Statutes, is amended to read:
  201         57.082 Determination of civil indigent status.—
  202         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  203  clerk or the court determines is indigent for civil proceedings
  204  under this section shall be enrolled in a payment plan under s.
  205  28.246 and shall be charged a one-time administrative processing
  206  charge under s. 28.24(26)(b) s. 28.24(26)(c). A monthly payment
  207  amount must be, calculated based upon all fines and fees and all
  208  anticipated costs owed within that county and must, is presumed
  209  to correspond to the person’s ability to pay. The monthly
  210  payment plan amount must be the greater of $10 or if it does not
  211  exceed 2 percent of the person’s annual net income, as defined
  212  in subsection (1), divided by 12. The person may seek review of
  213  the clerk’s decisions regarding a payment plan established under
  214  s. 28.246 in the court having jurisdiction over the matter. A
  215  case may not be impeded in any way, delayed in filing, or
  216  delayed in its progress, including the final hearing and order,
  217  due to nonpayment of any fees or costs by an indigent person.
  218  Filing fees waived from payment under s. 57.081 may not be
  219  included in the calculation related to a payment plan
  220  established under this section.
  221         Section 6. Paragraph (a) of subsection (1) of section
  222  318.15, Florida Statutes, is amended to read:
  223         318.15 Failure to comply with civil penalty or to appear;
  224  penalty.—
  225         (1)(a) If a person who is not incarcerated fails to comply
  226  with the civil penalties provided in s. 318.18 within the time
  227  period specified in s. 318.14(4), fails to enter into or comply
  228  with the terms of a penalty payment plan with the clerk of the
  229  court in accordance with ss. 318.14 and 28.246, fails to attend
  230  driver improvement school, or fails to appear at a scheduled
  231  hearing, the clerk of the court may shall notify the Department
  232  of Highway Safety and Motor Vehicles of such failure within 30
  233  10 days after such failure, except as provided in paragraphs (b)
  234  and (c). Upon receipt of such notice, the department shall
  235  immediately issue an order suspending the driver license and
  236  privilege to drive of such person effective 20 days after the
  237  date the order of suspension is mailed in accordance with s.
  238  322.251(1), (2), and (6). Any such suspension of the driving
  239  privilege which has not been reinstated, including a similar
  240  suspension imposed outside Florida, shall remain on the records
  241  of the department for a period of 7 years from the date imposed
  242  and shall be removed from the records after the expiration of 7
  243  years from the date it is imposed. The department may not accept
  244  the resubmission of such suspension.
  245         Section 7. Section 318.20, Florida Statutes, is amended to
  246  read:
  247         318.20 Notification; duties of department.—The department
  248  shall prepare a notification form to be appended to, or
  249  incorporated as a part of, the Florida uniform traffic citation
  250  issued in accordance with s. 316.650. The notification form
  251  shall contain language informing persons charged with
  252  infractions to which this chapter applies of the procedures
  253  available to them under this chapter. Such notification shall
  254  contain a statement that, if the official determines that no
  255  infraction has been committed, no costs or penalties shall be
  256  imposed and any costs or penalties which have been paid shall be
  257  returned. A uniform traffic citation that is produced
  258  electronically must also include the information required by
  259  this section. The notification and the uniform traffic citation
  260  must include information on paying the civil penalty to the
  261  clerk of the court and information that the person may contact
  262  the clerk of the court to establish a payment plan pursuant to
  263  s. 28.246(4) to make partial payments for court-related fines,
  264  fees, costs, and service charges.
  265         Section 8. Section 322.245, Florida Statutes, is amended to
  266  read:
  267         322.245 Suspension of license upon failure of person
  268  charged with specified offense under chapter 316, chapter 320,
  269  or this chapter to comply with directives ordered by traffic
  270  court or upon failure to pay child support in non-IV-D cases as
  271  provided in chapter 61 or failure to pay any financial
  272  obligation in any other driving-related criminal case.—
  273         (1) If a person charged with a violation of any driving
  274  related of the criminal offenses enumerated in s. 318.17 or with
  275  the commission of any driving-related offense constituting a
  276  misdemeanor under chapter 320 or this chapter fails to comply
  277  with all of the directives of the court, within the time
  278  allotted by the court, the clerk of the traffic court shall mail
  279  to the person, at the address specified on the uniform traffic
  280  citation, a notice of such failure, notifying him or her that,
  281  if he or she does not comply with the directives of the court
  282  within 30 days after the date of the notice and pay a
  283  delinquency fee of up to $25 to the clerk, from which the clerk
  284  shall remit $10 to the Department of Revenue for deposit into
  285  the General Revenue Fund, his or her driver license will be
  286  suspended. The notice shall be mailed no later than 5 days after
  287  such failure. The delinquency fee may be retained by the office
  288  of the clerk to defray the operating costs of the office.
  289         (2) In non-IV-D cases, if a person fails to pay child
  290  support under chapter 61 and the obligee so requests, the
  291  depository or the clerk of the court shall mail in accordance
  292  with s. 61.13016 the notice specified in that section, notifying
  293  him or her that if he or she does not comply with the
  294  requirements of that section and pay a delinquency fee of $25 to
  295  the depository or the clerk, his or her driver license and motor
  296  vehicle registration will be suspended. The delinquency fee may
  297  be retained by the depository or the office of the clerk to
  298  defray the operating costs of the office after the clerk remits
  299  $15 to the Department of Revenue for deposit into the General
  300  Revenue Fund.
  301         (3) If the person fails to comply with the directives of
  302  the court within the 30-day period, or, in non-IV-D cases, fails
  303  to comply with the requirements of s. 61.13016 within the period
  304  specified in that statute, the depository or the clerk of the
  305  court shall electronically notify the department of such failure
  306  within 10 days. Upon electronic receipt of the notice, the
  307  department shall immediately issue an order suspending the
  308  person’s driver license and privilege to drive effective 20 days
  309  after the date the order of suspension is mailed in accordance
  310  with s. 322.251(1), (2), and (6).
  311         (4) After suspension of the driver license of a person
  312  pursuant to subsection (1), subsection (2), or subsection (3),
  313  the license may not be reinstated until the person complies with
  314  all court directives imposed upon him or her, including payment
  315  of the delinquency fee imposed by subsection (1), and presents
  316  certification of such compliance to a driver licensing office
  317  and complies with the requirements of this chapter or, in the
  318  case of a license suspended for nonpayment of child support in
  319  non-IV-D cases, until the person complies with the reinstatement
  320  provisions of s. 322.058 and makes payment of the delinquency
  321  fee imposed by subsection (2).
  322         (5)(a) A person whose driver license was suspended before
  323  July 1, 2021, pursuant to this section solely for the nonpayment
  324  of fines, fees, or costs in a criminal case not involving
  325  operation of a motor vehicle, if otherwise eligible, may apply
  326  to have his or her license reinstated upon payment of a
  327  reinstatement fee.
  328         (b) When the department receives notice from a clerk of the
  329  court that a person licensed to operate a motor vehicle in this
  330  state under the provisions of this chapter has failed to pay
  331  financial obligations, in full or in part under a payment plan
  332  established pursuant to s. 28.246(4), for any criminal offense
  333  involving operation of a motor vehicle by the person licensed
  334  other than those specified in subsection (1), in full or in part
  335  under a payment plan pursuant to s. 28.246(4), the department
  336  shall suspend the license of the person named in the notice.
  337         (c)(b) The department must reinstate the driving privilege
  338  when the clerk of the court provides an affidavit to the
  339  department stating that:
  340         1. The person has satisfied the financial obligation in
  341  full or made all payments currently due under a payment plan;
  342         2. The person has entered into a written agreement for
  343  payment of the financial obligation if not presently enrolled in
  344  a payment plan; or
  345         3. A court has entered an order granting relief to the
  346  person ordering the reinstatement of the license.
  347         (d)(c) The department shall not be held liable for any
  348  license suspension resulting from the discharge of its duties
  349  under this section.
  350         Section 9. This act shall take effect July 1, 2021.