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