Florida Senate - 2021                                     SB 838
       
       
        
       By Senator Boyd
       
       
       
       
       
       21-00565-21                                            2021838__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.246, F.S.; clarifying the
    4         responsibility of an individual released from
    5         incarceration regarding enrolling in a payment plan
    6         for any outstanding court obligations; modifying the
    7         manner of calculating a monthly payment amount under a
    8         payment plan; requiring the clerk to establish all
    9         terms of a payment plan; amending s. 28.35, F.S.;
   10         modifying duties of the Florida Clerks of Court
   11         Operations Corporation with respect to the funding of
   12         clerks’ offices; conforming a cross-reference;
   13         amending s. 28.36, F.S.; conforming a cross-reference;
   14         requiring the corporation to establish and manage a
   15         contingency reserve within the Clerks of the Court
   16         Trust Fund for specified purposes; prescribing
   17         reporting requirements; specifying circumstances under
   18         which moneys held in reserve may be used; prescribing
   19         procedures for the release of such funds; revising
   20         circumstances under which the corporation can modify
   21         previously authorized budgets for clerks; amending s.
   22         28.37, F.S.; modifying a provision regarding state
   23         court system funding; defining terms; revising
   24         provisions governing the transfer of certain funds
   25         from the Clerks of the Court Trust Fund to the General
   26         Revenue Fund by the Department of Revenue; conforming
   27         a cross-reference; amending s. 28.42, F.S.; requiring
   28         the clerks to develop a uniform payment plan form by a
   29         specified date; prescribing requirements for the form;
   30         requiring the clerks to use such form by a specified
   31         date; amending ss. 318.15, 318.20, and 322.245, F.S.;
   32         requiring orders and notifications for certain traffic
   33         citations and suspensions to include information
   34         regarding payment plans; amending s. 775.083, F.S.;
   35         designating the clerk as the entity responsible for
   36         collecting payment of certain court obligations;
   37         requiring a person ordered to pay such obligations to
   38         contact the clerk in order to pay or establish a
   39         payment plan, unless otherwise provided; providing an
   40         effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (4) of section 28.246, Florida
   45  Statutes, is amended to read:
   46         28.246 Payment of court-related fines or other monetary
   47  penalties, fees, charges, and costs; partial payments;
   48  distribution of funds.—
   49         (4)(a)Each The clerk of the circuit court shall accept
   50  partial payments for each case type for court-related fees,
   51  service charges, court costs, and fines in accordance with the
   52  terms of an established payment plan developed by the clerk.
   53         (b) An individual seeking to defer payment of fees, service
   54  charges, court costs, or fines imposed by operation of law or
   55  order of the court under any provision of general law shall
   56  apply to the clerk for enrollment in a payment plan. The clerk
   57  shall enter into a payment plan with an individual who the court
   58  determines is indigent for costs. It is the responsibility of an
   59  individual who is released from incarceration and has
   60  outstanding court obligations to contact the clerk within 30
   61  days after release to pay fees, service charges, court costs,
   62  and fines in full, or to apply for enrollment in a payment plan.
   63  A monthly payment amount, calculated based upon all fees and all
   64  anticipated fees, service charges, court costs, and fines, is
   65  presumed to correspond to the person’s ability to pay if the
   66  amount does not exceed 2 percent of the person’s annual net
   67  income, as defined in s. 27.52(1), divided by 12. The clerk
   68  shall establish all terms of a payment plan and the court may
   69  review the reasonableness of the payment plan.
   70         Section 2. Paragraph (f) of subsection (2) and paragraph
   71  (a) of subsection (3) of section 28.35, Florida Statutes, are
   72  amended, and paragraphs (i) and (j) are added to subsection (2)
   73  of that section, to read:
   74         28.35 Florida Clerks of Court Operations Corporation.—
   75         (2) The duties of the corporation shall include the
   76  following:
   77         (f) Approving the proposed budgets submitted by clerks of
   78  the court pursuant to s. 28.36. The corporation must ensure that
   79  the total combined budgets of the clerks of the court do not
   80  exceed the total estimated revenues from fees, service charges,
   81  court costs, and fines for court-related functions available for
   82  court-related expenditures as determined by the most recent
   83  Revenue Estimating Conference, plus the total of unspent
   84  budgeted funds for court-related functions carried forward by
   85  the clerks of the court from the previous county fiscal year,
   86  and plus the balance of funds remaining in the Clerks of the
   87  Court Trust Fund after the transfer of funds to the General
   88  Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
   89  appropriations for court-related functions s. 28.37(3)(b). The
   90  corporation may amend any individual clerk of the court budget
   91  to ensure compliance with this paragraph and must consider
   92  performance measures, workload performance standards, workload
   93  measures, and expense data before modifying the budget. As part
   94  of this process, the corporation shall:
   95         1. Calculate the minimum amount of revenue necessary for
   96  each clerk of the court to efficiently perform the list of
   97  court-related functions specified in paragraph (3)(a). The
   98  corporation shall apply the workload measures appropriate for
   99  determining the individual level of review required to fund the
  100  clerk’s budget.
  101         2. Prepare a cost comparison of similarly situated clerks
  102  of the court, based on county population and numbers of filings,
  103  using the standard list of court-related functions specified in
  104  paragraph (3)(a).
  105         3. Conduct an annual base budget review and an annual
  106  budget exercise examining the total budget of each clerk of the
  107  court. The review shall examine revenues from all sources,
  108  expenses of court-related functions, and expenses of noncourt
  109  related functions as necessary to determine that court-related
  110  revenues are not being used for noncourt-related purposes. The
  111  review and exercise shall identify potential targeted budget
  112  reductions in the percentage amount provided in Schedule VIII-B
  113  of the state’s previous year’s legislative budget instructions,
  114  as referenced in s. 216.023(3), or an equivalent schedule or
  115  instruction as may be adopted by the Legislature.
  116         4. Identify those proposed budgets containing funding for
  117  items not included on the standard list of court-related
  118  functions specified in paragraph (3)(a).
  119         5. Identify those clerks projected to have court-related
  120  revenues insufficient to fund their anticipated court-related
  121  expenditures.
  122         6. Use revenue estimates based on the official estimate for
  123  funds from fees, service charges, court costs, and fines for
  124  court-related functions accruing to the clerks of the court made
  125  by the Revenue Estimating Conference, as well as any unspent
  126  budgeted funds for court-related functions carried forward by
  127  the clerks of the court from the previous county fiscal year and
  128  the balance of funds remaining in the Clerks of the Court Trust
  129  Fund after the transfer of funds to the General Revenue Fund
  130  required pursuant to s. 28.37(4)(b), plus any appropriations for
  131  the purpose of funding court-related functions s. 28.37(3)(b).
  132         7. Identify pay and benefit increases in any proposed clerk
  133  budget, including, but not limited to, cost of living increases,
  134  merit increases, and bonuses.
  135         8. Identify increases in anticipated expenditures in any
  136  clerk budget that exceeds the current year budget by more than 3
  137  percent.
  138         9. Identify the budget of any clerk which exceeds the
  139  average budget of similarly situated clerks by more than 10
  140  percent.
  141         10. Request the Governor to order, pursuant to s.
  142  215.18(1), a temporary transfer of moneys from unobligated funds
  143  in the State Treasury to the Clerks of the Court Trust Fund in
  144  the Department of Revenue to meet temporary deficiencies in that
  145  fund.
  146         11. Determine if the estimated revenue available for the
  147  upcoming county fiscal year is adequate to fund court-related
  148  functions, and certify and submit any aggregate difference to
  149  the chairs of the legislative appropriations committees and the
  150  Executive Office of the Governor for consideration, at least 30
  151  days before the start of the next regular session of the
  152  Legislature.
  153  
  154  For the purposes of this paragraph, the term “unspent budgeted
  155  funds for court-related functions” means undisbursed funds
  156  included in the clerks of the courts budgets for court-related
  157  functions established pursuant to this section and s. 28.36.
  158         (i) If the corporation determines that the cumulative
  159  budget for all clerks will vary by more than 5 percent from the
  160  approved cumulative budget for the previous year, certify to the
  161  Legislature the specific causes for the variance and how each
  162  variance relates to the clerks’ responsibilities in performing
  163  their court-related functions.
  164         (j) Prepare and submit legislative budget requests to the
  165  Legislature, consistent with the requirements of s. 216.023.
  166  Such requests must be submitted for any fiscal year for which
  167  the corporation determines that new duties or financial
  168  obligations under s. 28.36(4), beyond those funded in prior
  169  fiscal years, have been imposed on the court-related functions
  170  of clerks of the court; and for any fiscal year for which the
  171  corporation determines that the total estimated revenues
  172  available for court-related expenditures as determined by the
  173  most recent Revenue Estimating Conference, unspent revenues
  174  carried forward from the previous fiscal year, and budget
  175  amendments and appropriations made by law for the purpose of
  176  funding court-related functions will be inadequate to provide
  177  funding for court-related functions of clerks of the court at
  178  the current level of operations.
  179         (3)(a) The list of court-related functions that clerks may
  180  fund from filing fees, service charges, court costs, and fines
  181  is limited to those functions expressly authorized by law or
  182  court rule. Those functions include the following: case
  183  maintenance; records management; court preparation and
  184  attendance; processing the assignment, reopening, and
  185  reassignment of cases; processing of appeals; collection and
  186  distribution of fines, fees, service charges, and court costs;
  187  processing of bond forfeiture payments; data collection and
  188  reporting; determinations of indigent status; and paying
  189  reasonable administrative support costs to enable the clerk of
  190  the court to carry out these court-related functions.
  191         Section 3. Present subsection (3) of section 28.36, Florida
  192  Statutes, is redesignated as subsection (4), a new subsection
  193  (3) is added to that section, and subsection (1), paragraph (b)
  194  of subsection (2), and present subsection (4) of that section
  195  are amended, to read:
  196         28.36 Budget procedure.—There is established a budget
  197  procedure for the court-related functions of the clerks of the
  198  court.
  199         (1) Only those functions listed in s. 28.35(3)(a) may be
  200  funded from fees, service charges, court costs, and fines
  201  retained by the clerks of the court.
  202         (2) Each proposed budget shall further conform to the
  203  following requirements:
  204         (b) The proposed budget must be balanced such that the
  205  total of the estimated revenues available equals or exceeds the
  206  total of the anticipated expenditures. Such revenues include
  207  revenue projected to be received from fees, service charges,
  208  costs, and fines for court-related functions during the fiscal
  209  period covered by the budget, plus the total of unspent budgeted
  210  funds for court-related functions carried forward by the clerk
  211  of the court from the previous county fiscal year and plus the
  212  portion of the balance of funds remaining in the Clerks of the
  213  Court Trust Fund after the transfer of funds to the General
  214  Revenue Fund required pursuant to s. 28.37(4)(b) s. 28.37(3)(b)
  215  which has been allocated to each respective clerk of the court
  216  by the Florida Clerks of Court Operations Corporation. For the
  217  purposes of this paragraph, the term “unspent budgeted funds for
  218  court-related functions” means undisbursed funds included in the
  219  clerk of the courts’ budget for court related functions
  220  established pursuant to s. 28.35 and this section. The
  221  anticipated expenditures must be itemized as required by the
  222  corporation.
  223         (3)(a) The Florida Clerks of Court Operations Corporation
  224  shall establish and manage a reserve for contingencies within
  225  the Clerks of the Court Trust Fund which must consist of an
  226  amount not to exceed 16 percent of the total budget authority
  227  for the clerks of court during the current county fiscal year,
  228  to be carried forward at the end of the fiscal year. Funds to be
  229  held in reserve include transfers of cumulative excess, as
  230  provided in s. 28.37(4)(b), from the Clerks of the Court Trust
  231  Fund and may also include revenues provided by law or moneys
  232  appropriated by the Legislature.
  233         (b) The corporation shall provide a reporting of the
  234  balance and use of these funds during each county fiscal year as
  235  part of the corporation’s annual report submitted under s.
  236  28.35(2)(h).
  237         (c) The corporation may use these funds to ensure the
  238  clerks of court can perform the court-related functions as
  239  provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
  240  Trust Fund which are held in reserve may be used by the
  241  corporation under the following circumstances:
  242         1. To offset a deficit between the revenue available and
  243  the original budget authority. A deficit is deemed to occur when
  244  the revenue available to the clerks of court falls below the
  245  original revenue projection for that county fiscal year.
  246         2.To provide funding for an emergency, as defined in s.
  247  252.34(4). The emergency must have been declared by the
  248  Governor, pursuant to s. 252.36, or otherwise declared by law.
  249         3. To provide funds in the development of the total
  250  aggregate budget of the clerks of court to ensure that a minimum
  251  continuation budget is met if, after the corporation has
  252  notified the Legislature of a deficit under s. 28.35(2)(f)6.,
  253  there remains a deficit between the total revenues available and
  254  the total budget from the previous county fiscal year.
  255         (d) The corporation shall request a budget amendment and
  256  the Executive Office of the Governor may approve the release of
  257  funds in accordance with the notice, review, and objection
  258  procedures set forth in s. 216.177, and the office shall provide
  259  notice to the Department of Revenue and the Chief Financial
  260  Officer.
  261         (5)(4) The corporation may approve increases or decreases
  262  to the previously authorized budgets approved for individual
  263  clerks of the court pursuant to s. 28.35 for court-related
  264  functions, if:
  265         (a) The additional budget authority is necessary to pay the
  266  cost of performing new or additional functions required by
  267  changes in law or court rule, by an impact resulting from
  268  financial obligations imposed on court-related functions by a
  269  county or by administrative order of a circuit court or the
  270  Supreme Court, or by order of a federal or state court; or
  271         (b) The additional budget authority is necessary to pay the
  272  cost of supporting increases in the number of judges or
  273  magistrates authorized by the Legislature, or for increases in
  274  the use of hearing officers and senior judges assigned by the
  275  courts.
  276         Section 4. Section 28.37, Florida Statutes, is amended to
  277  read:
  278         28.37 Fines, fees, service charges, and costs remitted to
  279  the state.—
  280         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  281  selected salaries, costs, and expenses of the state courts
  282  system and court-related functions shall be funded from a
  283  portion of the revenues derived from statutory fines, fees,
  284  service charges, and court costs collected by the clerks of the
  285  court, and from adequate and appropriate supplemental funding
  286  from state revenues as appropriated by the Legislature.
  287         (2) DEFINITIONS.—As used in this section, the term:
  288         (a) “Cumulative excess” means revenues derived from
  289  statutory fees, service charges, court costs, and fines
  290  collected by the clerks of the court which are greater than the
  291  original revenue projection.
  292         (b) “Original revenue projection” means the official
  293  estimate, as determined by the Revenue Estimating Conference, of
  294  revenues from fines, fees, service charges, and court costs
  295  available for court-related functions for the county fiscal year
  296  covered by the projection.
  297         (3)The Beginning November 1, 2013, that portion of all
  298  fines, fees, service charges, and costs collected by the clerks
  299  of the court for the previous month which is in excess of one
  300  twelfth of the clerks’ total budget for the performance of
  301  court-related functions must shall be remitted to the Department
  302  of Revenue for deposit into the Clerks of the Court Trust Fund.
  303  Such collections do not include funding received for the
  304  operation of the Title IV-D child support collections and
  305  disbursement program. The clerk of the court shall remit the
  306  revenues collected during the previous month due to the state on
  307  or before the 10th day of each month.
  308         (4)(a)(3)(a) Each year, no later than January 25, for the
  309  previous county fiscal year, the clerks of court, in
  310  consultation with the Florida Clerks of Court Operations
  311  Corporation, shall remit to the Department of Revenue for
  312  deposit in the Clerks of the Court Trust Fund the cumulative
  313  excess of all fines, fees, service charges, and court costs
  314  retained by the clerks of the court, plus any funds received by
  315  the clerks of the court from the Clerks of the Court Trust Fund
  316  under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
  317  meet their authorized budget amounts established under s. 28.35.
  318         (b) No later than February 1, 2022, and each February 1
  319  thereafter, the Department of Revenue shall transfer 50 percent
  320  of the cumulative excess of the original revenue projection from
  321  the Clerks of the Court Trust Fund to the General Revenue Fund.
  322  The remaining 50 percent in the Clerks of the Court Trust Fund
  323  may be used in the development of the total combined budgets of
  324  the clerks of the court as provided in s. 28.35(2)(f)6. However,
  325  a minimum of 10 percent of the clerk-retained portion of the
  326  cumulative excess amount must be held in reserve until such
  327  funds reach an amount equal to at least 16 percent of the total
  328  budget authority from the current county fiscal year, as
  329  provided in s. 28.36(3)(a) 1. No later than February 1, 2020,
  330  the Department of Revenue shall transfer from the Clerks of the
  331  Court Trust Fund to the General Revenue Fund the sum of the
  332  cumulative excess of all fines, fees, service charges, and costs
  333  submitted by the clerks of court pursuant to subsection (2) and
  334  the cumulative excess of all fines, fees, service charges, and
  335  costs remitted by the clerks of court pursuant to paragraph (a)
  336  in excess of $10 million.
  337         2. No later than February 1, 2021, the Department of
  338  Revenue shall transfer from the Clerks of the Court Trust Fund
  339  to the General Revenue Fund not less than 50 percent of the sum
  340  of the cumulative excess of all fines, fees, service charges,
  341  and costs submitted by the clerks of court pursuant to
  342  subsection (2) and the cumulative excess of all fines, fees,
  343  service charges, and costs remitted by the clerks of court
  344  pursuant to paragraph (a); provided however, the balance
  345  remaining in the Clerks of Courts Trust Fund after such transfer
  346  may not be more than $20 million.
  347         3. No later than February 1, 2022, the Department of
  348  Revenue shall transfer from the Clerks of the Court Trust Fund
  349  to the General Revenue Fund not less than 50 percent of the sum
  350  of the cumulative excess of all fines, fees, service charges,
  351  and costs submitted by the clerks of court pursuant to
  352  subsection (2) and the cumulative excess of all fines, fees,
  353  service charges, and costs remitted by the clerks of court
  354  pursuant to paragraph (a); provided however, the balance
  355  remaining in the Clerks of Courts Trust Fund after such transfer
  356  may not be more than $20 million.
  357         4. No later than February 1, 2023, and each February 1
  358  thereafter, the Department of Revenue shall transfer from the
  359  Clerks of the Court Trust Fund to the General Revenue Fund the
  360  cumulative excess of all fines, fees, service charges, and costs
  361  submitted by the clerks of court pursuant to subsection (2) and
  362  the cumulative excess of all fines, fees, service charges, and
  363  costs remitted by the clerks of court pursuant to paragraph (a).
  364         (5)(4) The Department of Revenue shall collect any funds
  365  that the Florida Clerks of Court Operations Corporation
  366  determines upon investigation were due but not remitted to the
  367  Department of Revenue. The corporation shall notify the clerk of
  368  the court and the Department of Revenue of the amount due to the
  369  Department of Revenue. The clerk of the court shall remit the
  370  amount due no later than the 10th day of the month following the
  371  month in which notice is provided by the corporation to the
  372  clerk of the court.
  373         (6)(5) Ten percent of all court-related fines collected by
  374  the clerk, except for penalties or fines distributed to counties
  375  or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  376  must shall be deposited into the fine and forfeiture fund to be
  377  used exclusively for clerk court-related functions, as provided
  378  in s. 28.35(3)(a).
  379         Section 5. Section 28.42, Florida Statutes, is amended to
  380  read:
  381         28.42 Manual of filing fees, charges, costs, and fines;
  382  payment plan form.—
  383         (1) The clerks of court, through their association and in
  384  consultation with the Office of the State Courts Administrator,
  385  shall prepare and disseminate a manual of filing fees, service
  386  charges, costs, and fines imposed pursuant to state law, for
  387  each type of action and offense, and classified as mandatory or
  388  discretionary. The manual also shall classify the fee, charge,
  389  cost, or fine as court-related revenue or noncourt-related
  390  revenue. The clerks, through their association, shall
  391  disseminate this manual to the chief judge, state attorney,
  392  public defender, and court administrator in each circuit and to
  393  the clerk of the court in each county. The clerks, through their
  394  association and in consultation with the Office of the State
  395  Courts Administrator, shall at a minimum update and disseminate
  396  this manual on July 1 of each year.
  397         (2) By October 1, 2021, the clerks of court, through the
  398  Florida Clerks of Court Operations Corporation, shall develop a
  399  uniform payment plan form for use by persons seeking to
  400  establish a payment plan in accordance with s. 28.246(4). The
  401  form must inform the person of the minimum payment due each
  402  month, the term of the plan, acceptable payment methods, and the
  403  circumstances under which a case may be sent to collections for
  404  nonpayment.
  405         (3) By January 1, 2022, each clerk of court shall use the
  406  uniform payment plan form developed pursuant to subsection (2)
  407  when establishing payment plans.
  408         Section 6. Paragraph (a) of subsection (1) of section
  409  318.15, Florida Statutes, is amended to read:
  410         318.15 Failure to comply with civil penalty or to appear;
  411  penalty.—
  412         (1)(a) If a person fails to comply with the civil penalties
  413  provided in s. 318.18 within the time period specified in s.
  414  318.14(4), fails to enter into or comply with the terms of a
  415  penalty payment plan with the clerk of the court in accordance
  416  with ss. 318.14 and 28.246, fails to attend driver improvement
  417  school, or fails to appear at a scheduled hearing, the clerk of
  418  the court must shall notify the Department of Highway Safety and
  419  Motor Vehicles of such failure within 10 days after such
  420  failure. Upon receipt of such notice, the department must shall
  421  immediately issue an order suspending the driver license and
  422  privilege to drive of such person effective 20 days after the
  423  date the order of suspension is mailed in accordance with s.
  424  322.251(1), (2), and (6). The order also must inform the person
  425  that he or she may contact the clerk of the court to establish a
  426  payment plan pursuant to s. 28.246(4) to make partial payments
  427  for court-related fines, fees, service charges, and court costs.
  428  Any such suspension of the driving privilege which has not been
  429  reinstated, including a similar suspension imposed outside of
  430  this state Florida, must shall remain on the records of the
  431  department for a period of 7 years from the date imposed and
  432  must shall be removed from the records after the expiration of 7
  433  years from the date it is imposed. The department may not accept
  434  the resubmission of such suspension.
  435         Section 7. Section 318.20, Florida Statutes, is amended to
  436  read:
  437         318.20 Notification; duties of department.—The department
  438  shall prepare a notification form to be appended to, or
  439  incorporated as a part of, the Florida uniform traffic citation
  440  issued in accordance with s. 316.650. The notification form must
  441  shall contain language informing persons charged with
  442  infractions to which this chapter applies of the procedures
  443  available to them under this chapter. Such notification form
  444  must shall contain a statement that, if the official determines
  445  that no infraction has been committed, no costs or penalties may
  446  shall be imposed and any costs or penalties that which have been
  447  paid will shall be returned. Additionally, the notification form
  448  must include information on paying the civil penalty to the
  449  clerk of the court and the ability to establish a payment plan
  450  pursuant to s. 28.246(4). A uniform traffic citation that is
  451  produced electronically must also include the information
  452  required by this section.
  453         Section 8. Subsections (1) and (3) and paragraph (a) of
  454  subsection (5) of section 322.245, Florida Statutes, are amended
  455  to read:
  456         322.245 Suspension of license upon failure of person
  457  charged with specified offense under chapter 316, chapter 320,
  458  or this chapter to comply with directives ordered by traffic
  459  court or upon failure to pay child support in non-IV-D cases as
  460  provided in chapter 61 or failure to pay any financial
  461  obligation in any other criminal case.—
  462         (1) If a person charged with a violation of any of the
  463  criminal offenses enumerated in s. 318.17 or with the commission
  464  of any offense constituting a misdemeanor under chapter 320 or
  465  this chapter fails to comply with all of the directives of the
  466  court within the time allotted by the court, the clerk of the
  467  traffic court must provide shall mail to the person, either
  468  electronically or by mail sent to at the address specified on
  469  the uniform traffic citation, a notice of such failure,
  470  notifying him or her that, if he or she does not comply with the
  471  directives of the court within 30 days after the date of the
  472  notice and pay a delinquency fee of up to $25 to the clerk, from
  473  which the clerk shall remit $10 to the Department of Revenue for
  474  deposit into the General Revenue Fund, his or her driver license
  475  will be suspended. The notice must shall be sent mailed no later
  476  than 5 days after such failure. The delinquency fee may be
  477  retained by the office of the clerk to defray the operating
  478  costs of the office.
  479         (3) If the person fails to comply with the directives of
  480  the court within the 30-day period, or, in non-IV-D cases, fails
  481  to comply with the requirements of s. 61.13016 within the period
  482  specified in that statute, the depository or the clerk of the
  483  court must shall electronically notify the department of such
  484  failure within 10 days. Upon electronic receipt of the notice,
  485  the department shall immediately issue an order suspending the
  486  person’s driver license and privilege to drive effective 20 days
  487  after the date the order of suspension is mailed in accordance
  488  with s. 322.251(1), (2), and (6). The order of suspension must
  489  also contain information specifying that the person may contact
  490  the clerk of the court to establish a payment plan pursuant to
  491  s. 28.246(4) to make partial payments for fines, fees, service
  492  charges, and court costs.
  493         (5)(a) When the department receives notice from a clerk of
  494  the court that a person licensed to operate a motor vehicle in
  495  this state under the provisions of this chapter has failed to
  496  pay financial obligations for any criminal offense other than
  497  those specified in subsection (1), in full or in part under a
  498  payment plan pursuant to s. 28.246(4), the department must shall
  499  suspend the license of the person named in the notice. The
  500  department shall mail an order of suspension in accordance with
  501  s. 322.251(1), (2), and (6), which must also contain information
  502  specifying that the person may contact the clerk of the court to
  503  establish a payment plan pursuant to s. 28.246(4) to make
  504  partial payments for fines, fees, service charges, and court
  505  costs.
  506         Section 9. Present subsection (3) of section 775.083,
  507  Florida Statutes, is redesignated as subsection (4), and a new
  508  subsection (3) is added to that section, to read:
  509         775.083 Fines.—
  510         (3) The clerk of the court of each county is the entity
  511  responsible for collecting payment of fines, fees, service
  512  charges, and court costs. Unless otherwise designated by the
  513  court, a person who has been ordered to pay court obligations
  514  under this section shall immediately contact the clerk to pay
  515  fines, fees, service charges, and court costs in full, or to
  516  apply for enrollment in a payment plan, pursuant to s.
  517  28.246(4).
  518         Section 10. This act shall take effect upon becoming a law.