Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7046
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/14/2016           .                                

       The Committee on Transportation (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 192 - 244
    4  and insert:
    5  collection agent, the clerk of the court must first attempt have
    6  attempted to collect the unpaid amount through a collection
    7  court, collections docket, or other collections process, if any,
    8  established by the court., If this attempt is unsuccessful, the
    9  clerk may pursue the collection through a private attorney or
   10  collection agent following find this to be cost-effective and
   11  follow any applicable procurement practices. and the following
   12  conditions:
   13         (a) In retaining a collection agent or private attorney as
   14  provided in this subsection, the clerk shall competitively bid a
   15  contract with a collection agent or private attorney. Such
   16  contract may be in effect for no longer than 3 years with a
   17  maximum of two, one-year extensions.
   18         (b) The clerk shall consider all pertinent criteria when
   19  considering bids including, but not limited to, performance
   20  quality, customer service, and collection fees. However, the The
   21  collection fee, including any reasonable attorney attorney’s
   22  fee, paid to any attorney or collection agent retained by the
   23  clerk may be added to the balance owed in an amount not to
   24  exceed 40 percent of the amount owed at the time the account is
   25  referred to the attorney or agent for collection.
   26         (c) The clerk may not assess any collections transfer
   27  surcharge.
   28         (d) The collection agent or private attorney may not impose
   29  any additional fees or surcharges other than their contractually
   30  agreed upon surcharge.
   31         (e) The clerk shall give the private attorney or collection
   32  agent the application for the appointment of court-appointed
   33  counsel regardless of whether the court file is otherwise
   34  confidential from disclosure.
   35         Section 3. Present paragraphs (b), (c), and (d) of
   36  subsection (1) of section 316.650, Florida Statutes, are
   37  redesignated as paragraphs (c), (d), and (e), respectively, a
   38  new paragraph (b) is added to that subsection, and present
   39  paragraph (c) of that subsection is amended, to read:
   40         316.650 Traffic citations.—
   41         (1)
   42         (b) The traffic citation form must include language
   43  indicating that a person may enter into a payment plan with the
   44  clerk of court to pay a penalty. The form must also indicate
   45  that a person ordered to pay a penalty for a noncriminal traffic
   46  infraction who is unable to comply due to demonstrable financial
   47  hardship will be allowed by the court to satisfy payment by
   48  participating in community service pursuant to s. 318.18(8)(b).
   49         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
   50  traffic enforcement agency may produce uniform traffic citations
   51  by electronic means. Such citations must be consistent with the
   52  state traffic court rules and the procedures established by the
   53  department and must be appropriately numbered and inventoried.
   54  Affidavit-of-compliance forms may also be produced by electronic
   55  means.
   56         Section 4. Subsection (4) is added to section 318.15,
   57  Florida Statutes, to read:
   58         318.15 Failure to comply with civil penalty or to appear;
   59  penalty.—
   60         (4) Notwithstanding any other law, a person’s driver
   61  license may not be suspended solely for failure to pay a penalty
   62  if the person demonstrates to the court, after receiving the
   63  penalty and prior to the suspension taking place, that he or she
   64  is unable
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete line 22
   69  and insert:
   70         the person demonstrates to the court, when specified,
   71         that he or she is