Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 552 Ì267668^Î267668 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/03/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (4) of section 6 28.246, Florida Statutes, is amended to read: 7 28.246 Payment of court-related fines or other monetary 8 penalties, fees, charges, and costs; partial payments; 9 distribution of funds.— 10 (4) 11 (b) An individual seeking to defer payment of fees, service 12 charges, court costs, or fines imposed by operation of law or 13 order of the court under any provision of general law shall 14 apply to the clerk for enrollment in a payment plan. The clerk 15 shall enter into a payment plan with an individual who the court 16 determines is indigent for costs. It is the responsibility of an 17 individual who is released from incarceration and has 18 outstanding court obligations to contact the clerk within 30 19 days after release to pay fees, service charges, court costs, 20 and fines in full, or to apply for enrollment in a payment plan. 21 1. A monthly payment amount, calculated based upon all fees 22 and all anticipated fees, service charges, court costs, and 23 fines, is presumed to correspond to the person’s ability to pay 24 if the amount does not exceed the greater of: 25 a. Two2percent of the person’s annual net income, as 26 defined in s. 27.52(1), divided by 12; or 27 b. $25. 28 2. Any amount required by the clerk as a down payment to 29 initially establish a payment plan shall be the lesser of 10 30 percent of the total amount owed or $100. The amount does not 31 include the imposition of a service charge pursuant to s. 32 28.24(27)(b) or (c). The clerk shall establish all terms of a 33 payment plan, and the court may review the reasonableness of the 34 payment plan. 35 Section 2. Paragraph (c) of subsection (2) of section 36 28.35, Florida Statutes, is amended, and paragraph (i) is added 37 to that subsection, to read: 38 28.35 Florida Clerks of Court Operations Corporation.— 39 (2) The duties of the corporation shall include the 40 following: 41 (c)1. Recommending to the Legislature changes in the 42 amounts and distribution of the various court-related fines, 43 fees, service charges, and costs established by law to ensure 44 reasonable and adequate funding of the clerks of the court in 45 the performance of their court-related functions. 46 2. If the number of judges under s. 26.031 or s. 34.022 47 increases: 48 a. Developing a formula to estimate the total cost 49 associated with clerk support for circuit and county judges 50 statewide. 51 b. Making a recommendation for consideration by the 52 Legislature on any need for additional funding using the formula 53 approved in sub-subparagraph a. 54 (i) Annually preparing a budget request that, 55 notwithstanding chapter 216 and in accordance with s. 216.351, 56 provides the anticipated amount necessary for reimbursement 57 pursuant to s. 40.29(6). The request for the anticipated 58 reimbursement amount must be submitted in the form and manner 59 prescribed by the Justice Administrative Commission. Such 60 request is not subject to change by the Justice Administrative 61 Commission except for technical changes necessary to conform to 62 the legislative budget instructions and must be submitted by the 63 Justice Administrative Commission to the Governor for 64 transmittal to the Legislature. 65 Section 3. Section 40.29, Florida Statutes, is amended to 66 read: 67 40.29 Payment of due-process costs; reimbursement for 68 petitions and orders.— 69 (1) Each clerk of the circuit court, on behalf of the state 70 attorney, private court-appointed counsel, the public defender, 71 and the criminal conflict and civil regional counsel, shall 72 forward to the Justice Administrative Commission, by county, a 73 quarterly estimate of funds necessary to pay for ordinary 74 witnesses, including, but not limited to, witnesses in civil 75 traffic cases and witnesses of the state attorney, the public 76 defender, criminal conflict and civil regional counsel, private 77 court-appointed counsel, and persons determined to be indigent 78 for costs. Each quarter of the state fiscal year, the 79 commission, based upon the estimates, shall advance funds to 80 each clerk to pay for these ordinary witnesses from state funds 81 specifically appropriated for the payment of ordinary witnesses. 82 (2) Upon receipt of an estimate pursuant to subsection (1), 83 the Justice Administrative Commission shall endorse the amount 84 deemed necessary for payment by the clerk of the court during 85 the quarterly fiscal period and shall submit a request for 86 payment to the Chief Financial Officer. 87 (3) Upon receipt of the funds from the Chief Financial 88 Officer, the clerk of the court shall pay all invoices approved 89 and submitted by the state attorney, the public defender, 90 criminal conflict and civil regional counsel, and private court 91 appointed counsel for the items enumerated in subsection (1). 92 (4) After review for compliance with applicable rates and 93 requirements, the Justice Administrative Commission shall pay 94 all due process service related invoices, except those 95 enumerated in subsection (1), approved and submitted by the 96 state attorney, the public defender, criminal conflict and civil 97 regional counsel, or private court-appointed counsel in 98 accordance with the applicable requirements of ss. 29.005, 99 29.006, and 29.007. 100 (5) The Justice Administrative Commission shall reimburse 101 funds to the clerks of the court to compensate jurors, to pay 102 for meals or lodging provided to jurors, and to pay for jury 103 related personnel costs as provided in this section. Each clerk 104 of the court must submit a request for reimbursement to the 105 Florida Clerks of Court Operations Corporation within 20 days 106 after each quarter attesting to the clerk’s actual costs to 107 compensate jurors, to pay for meals or lodging provided to 108 jurors, and to pay for jury-related personnel costs. The Florida 109 Clerks of Court Operations Corporation must review the request 110 for reimbursement to ensure that the costs are reasonably and 111 directly related to jury management. The Florida Clerks of Court 112 Operations Corporation must forward to the Justice 113 Administrative Commission the amount necessary to reimburse each 114 clerk of the court for its personnel and other costs related to 115 jury management unless the total request for reimbursement by 116 the clerks exceeds the quarterly funds available to the Justice 117 Administrative Commission, in which case the Florida Clerks of 118 Court Operations Corporation shall adjust the cumulative total 119 to match the available funds before submitting the request to 120 the Justice Administrative Commission. Upon receipt of each 121 request for reimbursement, the Justice Administrative Commission 122 must review the amount deemed necessary for payment to the 123 clerks of the court for the most recently completed quarter, 124 determine if the total payment amount is available, and submit a 125 request for payment to the Chief Financial Officer. The clerks 126 of the court are responsible for any compensation to jurors, for 127 payments for meals or lodging provided to jurors, and for jury 128 related personnel costs that exceed the funding provided in the 129 General Appropriations Act for these purposes. 130 (6) Subject to legislative appropriation, the clerk of the 131 circuit court may, on a quarterly basis, submit to the Justice 132 Administrative Commission a certified request for reimbursement 133 for petitions and orders filed under ss. 394.459, 394.463, 134 394.467, 394.917, and 397.6814, at the rate of $40 per petition 135 or order. Such request for reimbursement must be submitted in 136 the form and manner prescribed by the Justice Administrative 137 Commission pursuant to s. 28.35(2)(i). 138 Section 4. Paragraphs (a) and (d) of subsection (2) of 139 section 57.082, Florida Statutes, are amended to read: 140 57.082 Determination of civil indigent status.— 141 (2) DETERMINATION BY THE CLERK.—The clerk of the court 142 shall determine whether an applicant seeking such designation is 143 indigent based upon the information provided in the application 144 and the criteria prescribed in this subsection. 145 (a)1. An applicant, including an applicant who is a minor 146 or an adult tax-dependent person, is indigent if the applicant’s 147 income is equal to or below 200 percent of the then-current 148 federal poverty guidelines prescribed for the size of the 149 household of the applicant by the United States Department of 150 Health and Human Services. 151 2. There is a presumption that the applicant is not 152 indigent if the applicant owns, or has equity in, any intangible 153 or tangible personal property or real property or the expectancy 154 of an interest in any such property having a net equity value of 155 $2,500 or more, excluding the value of the person’s homestead 156 and one vehicle having a net value not exceeding $5,000. 157 3. Notwithstanding the information provided by the 158 applicant, the clerk may conduct a review of the property 159 records for the county in which the applicant resides and the 160 motor vehicle title records of this state to identify any 161 property interests of the applicant under this paragraph. The 162 clerk may evaluate and consider the results of the review in 163 making a determination under this subsection. If a review is 164 conducted, the clerk must maintain the results of the review in 165 a file with the application and provide the file to the court if 166 an applicant seeks a review under subsection (4) of the clerk’s 167 determination of indigent status. 168 (d) The duty of the clerk in determining whether an 169 applicant is indigent is limited to receiving the application, 170 conducting a review of records under subparagraph (a)3., and 171 comparing the information provided in the application and 172 identified in the review of records to the criteria prescribed 173 in this subsection. The determination of indigent status is a 174 ministerial act of the clerk andmaynot a decisionbebased on 175 further investigation or the exercise of independent judgment by 176 the clerk. The clerk may contract with third parties to perform 177 functions assigned to the clerk under this section. 178 Section 5. Subsection (3) is added to section 322.29, 179 Florida Statutes, to read: 180 322.29 Surrender and return of license.— 181 (3) The department shall work with the clerks of court, 182 through their association, to ensure the ability within their 183 technology systems for clerks of court to reinstate suspended 184 driver licenses for failure to pay court obligations. 185 Section 6. This act shall take effect July 1, 2022. 186 187 ================= T I T L E A M E N D M E N T ================ 188 And the title is amended as follows: 189 Delete everything before the enacting clause 190 and insert: 191 A bill to be entitled 192 An act relating to clerks of the circuit court; 193 amending s. 28.246, F.S.; revising the calculation 194 used to determine the presumed ability to pay certain 195 fees, charges, costs, and fines; providing a formula 196 for determining a specified down payment; providing 197 construction; amending s. 28.35, F.S.; requiring the 198 Florida Clerks of Court Operations Corporation to 199 provide a recommendation on the distribution of 200 specified fines, fees, charges, and costs; requiring 201 the corporation to complete specified duties under 202 certain circumstances; requiring the corporation to 203 annually prepare a specified budget request; providing 204 that such a request is not subject to change by the 205 Justice Administrative Commission; requiring the 206 commission to submit the request to the Governor for 207 transmittal to the Legislature; amending s. 40.29, 208 F.S.; authorizing clerks of the circuit court to 209 submit, at prescribed intervals, to the commission 210 certified requests for reimbursement of specified 211 petitions and orders at a certain rate per petition or 212 order; amending s. 57.082, F.S.; authorizing clerks of 213 the court to conduct a review of specified records; 214 requiring the clerks to maintain the results of such 215 review in a specified manner and provide the results 216 to the court under certain circumstances; amending s. 217 322.29, F.S.; requiring the Department of Highway 218 Safety and Motor Vehicles to work with a specified 219 association to ensure that their technology systems 220 have specified capabilities; providing an effective 221 date.