Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1328
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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