Florida Senate - 2022                                     SB 310
       By Senator Wright
       14-00146A-22                                           2022310__
    1                        A bill to be entitled                      
    2         An act relating to court-related payment plans;
    3         amending s. 28.246, F.S.; revising the calculation of
    4         a monthly payment amount presumed to correspond to a
    5         person’s ability to pay court-related fees, service
    6         charges, court costs, and fines under a payment plan;
    7         authorizing a court to waive, modify, or convert
    8         outstanding fees, service charges, court costs, or
    9         fines to community service under certain
   10         circumstances; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (4) of section 28.246, Florida
   15  Statutes, is amended to read:
   16         28.246 Payment of court-related fines or other monetary
   17  penalties, fees, charges, and costs; partial payments;
   18  distribution of funds.—
   19         (4)(a) Each clerk of the circuit court shall accept partial
   20  payments for each case type for court-related fees, service
   21  charges, court costs, and fines in accordance with the terms of
   22  an established payment plan developed by the clerk.
   23         (b) An individual seeking to defer payment of fees, service
   24  charges, court costs, or fines imposed by operation of law or
   25  order of the court under any provision of general law shall
   26  apply to the clerk for enrollment in a payment plan. The clerk
   27  shall enter into a payment plan with an individual who the court
   28  determines is indigent for costs. It is the responsibility of an
   29  individual who is released from incarceration and has
   30  outstanding court obligations to contact the clerk within 30
   31  days after release to pay fees, service charges, court costs,
   32  and fines in full, or to apply for enrollment in a payment plan.
   33  A monthly payment amount, calculated based upon all fees and all
   34  anticipated fees, service charges, court costs, and fines, is
   35  presumed to correspond to the person’s ability to pay if the
   36  amount does not exceed 2 percent of the person’s annual net
   37  income, as defined in s. 27.52(1), divided by 12 or $25,
   38  whichever is greater. The clerk shall establish all terms of a
   39  payment plan, and the court may review the reasonableness of the
   40  payment plan and may, on its own motion or by petition, waive,
   41  modify, or convert the outstanding fees, service charges, court
   42  costs, or fines to community service if the court determines
   43  that the individual is indigent or, due to compelling
   44  circumstances, is unable to comply with the terms of the payment
   45  plan.
   46         Section 2. This act shall take effect July 1, 2022.