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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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.