Florida Senate - 2023                                      SB 48
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00112-23                                              202348__
    1                        A bill to be entitled                      
    2         An act relating to court-related payment plans;
    3         amending s. 28.246, F.S.; authorizing a court to
    4         waive, modify, or convert outstanding fees, service
    5         charges, court costs, or fines to community service
    6         under certain circumstances; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (b) of subsection (4) of section
   12  28.246, Florida Statutes, is amended to read:
   13         28.246 Payment of court-related fines or other monetary
   14  penalties, fees, charges, and costs; partial payments;
   15  distribution of funds.—
   16         (4)
   17         (b) An individual seeking to defer payment of fees, service
   18  charges, court costs, or fines imposed by operation of law or
   19  order of the court under any provision of general law shall
   20  apply to the clerk for enrollment in a payment plan. The clerk
   21  shall enter into a payment plan with an individual who the court
   22  determines is indigent for costs. It is the responsibility of an
   23  individual who is released from incarceration and has
   24  outstanding court obligations to contact the clerk within 30
   25  days after release to pay fees, service charges, court costs,
   26  and fines in full, or to apply for enrollment in a payment plan.
   27         1. A monthly payment amount, calculated based upon all fees
   28  and all anticipated fees, service charges, court costs, and
   29  fines, is presumed to correspond to the person’s ability to pay
   30  if the amount does not exceed the greater of:
   31         a. Two percent of the person’s annual net income, as
   32  defined in s. 27.52(1), divided by 12; or
   33         b. Twenty-five dollars.
   34         2. Any amount required by the clerk as down payment to
   35  initially establish a payment plan shall be the lesser of 10
   36  percent of the total amount owed or $100. The amount does not
   37  include the imposition of a service charge pursuant to s.
   38  28.24(27)(b) or (c). The clerk shall establish all terms of a
   39  payment plan, and the court may review the reasonableness of the
   40  payment plan and, on its own motion or by petition, may waive,
   41  modify, or convert the outstanding fees, service charges, court
   42  costs, or fines to community service if it determines that the
   43  individual is indigent or, due to compelling circumstances, is
   44  unable to comply with the terms of the payment plan.
   45         Section 2. This act shall take effect July 1, 2023.