Florida 2021 Regular Session Status: In Committee 1 R cosponsors

HB 903 — Clerks of the Circuit Court

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 838 (Ch. 2021-116)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Clerks of the Circuit Court; Clarifies responsibility of person released from incarceration regarding enrolling in payment plan for outstanding court obligations; requires clerk to establish terms of payment plans; specifies circumstances under which moneys held in reserve may be used; provides procedures for release of funds; revises provisions governing transfer of certain funds from Clerks of Court Trust Fund to General Revenue Fund; requires clerks to develop uniform payment plan form; requires orders & notifications for traffic citations & suspensions to include information regarding payment plans; designates clerk as entity responsible for collecting payment of court obligations.

Bill Text

What changed in the latest version

530 added · 579 removed

530 line(s) added, 579 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 A bill to be entitled An act relating to clerks of the circuit court;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 A bill to be entitled An act relating to clerks of the circuit court;
modifying duties of the Florida Clerks of Court Operations Corporation with respect to the funding of clerks' offices;
conforming provisions to changes made by the act;
conforming a cross-reference;
revising circumstances under which the corporation may modify previously authorized budgets for clerks;
revising provisions governing the transfer of certain funds from the Clerks of the Court Trust Fund to the General Page 1 of 21 CODING:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 Revenue Fund by the Department of Revenue;
revising provisions governing the transfer of certain funds from the Clerks of the Court Trust Fund to the General Revenue Fund by the Department of Revenue;
prescribing requirements for the form;
prescribing requirements for Page 1 of 20 CODING:
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hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the form;
providing an effective date.
providing effective dates.
28.246 Payment of court-related fines or other monetary penalties, fees, service charges, and court costs;
28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs;
distribution of funds.— (4)(a) Each The clerk of the circuit court shall accept partial payments for each case type for court-related fees, Page 2 of 21 CODING:
distribution of funds.— (4)(a) Each The clerk of the circuit court shall accept partial payments for each case type for court-related fees, service charges, court costs, and fines in accordance with the terms of an established payment plan developed by the clerk.
(b) An individual seeking to defer payment of fees, service charges, court costs, or fines imposed by operation of Page 2 of 20 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 service charges, court costs, and fines in accordance with the terms of an established payment plan developed by the clerk.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 law or order of the court under any provision of general law shall apply to the clerk for enrollment in a payment plan.
(b) An individual seeking to defer payment of court- related fees, service charges, court costs, or fines imposed by operation of law or order of the court under any provision of general law shall apply to the clerk for enrollment in a payment plan.
It is the responsibility of an individual who is released from incarceration and has outstanding court obligations to contact the clerk within 30 days after release to pay court-related fees, service charges, court costs, and fines in full, or to apply for enrollment in a payment plan.
It is the responsibility of an individual who is released from incarceration and has outstanding court obligations to contact the clerk within 30 days after release to pay fees, service charges, court costs, and fines in full, or to apply for enrollment in a payment plan.
A monthly payment amount, calculated based upon all fees and all anticipated court-related fees, service charges, court costs, and fines, is presumed to correspond to the person's ability to pay if the amount does not exceed 2 percent of the person's annual net income, as defined in s.
A monthly payment amount, calculated based upon all fees and all anticipated fees, service charges, court costs, and fines, is presumed to correspond to the person's ability to pay if the amount does not exceed 2 percent of the person's annual net income, as defined in s.
Paragraph (f) of subsection (2) and paragraph (a) of subsection (3) of section 28.35, Florida Statutes, are amended, and paragraphs (i) and (j) are added to subsection (2) of that section, to read:
Effective upon this act becoming a law, paragraph (f) of subsection (2) and paragraph (a) of subsection (3) of section 28.35, Florida Statutes, are amended to read:
28.35 Florida Clerks of Court Operations Corporation.— Page 3 of 21 CODING:
28.35 Florida Clerks of Court Operations Corporation.— (2) The duties of the corporation shall include the following:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 (2) The duties of the corporation shall include the following:
The corporation must ensure that the total combined budgets of the clerks of the court do not exceed the total estimated revenues from court-related fees, service charges, court costs, and fines for court-related functions available for court-related expenditures as determined by the most recent Revenue Estimating Conference, plus the total of unspent budgeted funds for court-related functions carried forward by the clerks of the court from the previous county fiscal year, and plus the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
The corporation must ensure that the total combined budgets of the clerks of the court do not exceed the total estimated revenues from fees, service charges, Page 3 of 20 CODING:
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hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 court costs, and fines for court-related functions available for court-related expenditures as determined by the most recent Revenue Estimating Conference, plus the total of unspent budgeted funds for court-related functions carried forward by the clerks of the court from the previous county fiscal year, and plus the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
The corporation shall apply the workload measures appropriate for determining the individual level of review required to fund the Page 4 of 21 CODING:
The corporation shall apply the workload measures appropriate for determining the individual level of review required to fund the clerk's budget.
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 clerk's budget.
Conduct an annual base budget review and an annual budget exercise examining the total budget of each clerk of the court.
Conduct an annual base budget review and an annual Page 4 of 20 CODING:
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hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 budget exercise examining the total budget of each clerk of the court.
Use revenue estimates based on the official estimate for funds from court-related fees, service charges, court costs, and fines for court-related functions accruing to the clerks of Page 5 of 21 CODING:
Use revenue estimates based on the official estimate for funds from fees, service charges, court costs, and fines for court-related functions accruing to the clerks of the court made by the Revenue Estimating Conference, as well as any unspent budgeted funds for court-related functions carried forward by the clerks of the court from the previous county fiscal year and the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
28.37(4)(b), plus any appropriations for Page 5 of 20 CODING:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 the court made by the Revenue Estimating Conference, as well as any unspent budgeted funds for court-related functions carried forward by the clerks of the court from the previous county fiscal year and the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the purpose of funding court-related functions s.
28.37(4)(b), plus any appropriations for the purpose of funding court-related functions s.
10.
Request the Governor to order, pursuant to s.
215.18(1), a temporary transfer of moneys from unobligated funds in the State Treasury to the Clerks of the Court Trust Fund in the Department of Revenue to meet temporary deficiencies in that fund.
11.
Determine if the estimated revenue available for the upcoming county fiscal year is adequate to fund court-related functions, and certify and submit any aggregate difference to Page 6 of 21 CODING:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 the chairs of the legislative appropriations committees and the Executive Office of the Governor for consideration, at least 30 days before the start of the next regular session of the Legislature.
(i) If the corporation determines that the cumulative budget for all clerks will vary by more than 5 percent from the approved cumulative budget for the previous year, certify to the Legislature the specific causes for the variance and how each variance relates to the clerks' responsibilities in performing their court-related functions.
(3)(a) The list of court-related functions that clerks may fund from filing fees, service charges, court costs, and fines is limited to those functions expressly authorized by law or court rule.
(j) Prepare and submit legislative budget requests to the Legislature, consistent with the requirements of s.
216.023.
Such requests must be submitted for any fiscal year for which the corporation determines that new duties or financial obligations under s.
28.36(5), beyond those funded in prior fiscal years, have been imposed on the court-related functions of clerks of the court;
and for any fiscal year for which the corporation determines that the total estimated revenues available for court-related expenditures as determined by the most recent Revenue Estimating Conference, unspent revenues Page 7 of 21 CODING:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 carried forward from the previous fiscal year, and budget amendments and appropriations made by law for the purpose of funding court-related functions will be inadequate to provide funding for court-related functions of clerks of the court at the current level of operations.
(3)(a) The list of court-related functions that clerks may fund from court-related filing fees, service charges, court costs, and fines is limited to those functions expressly authorized by law or court rule.
collection and distribution of fines, court-related fees, service charges, and court costs;
collection and distribution of fines, fees, service charges, and court costs;
and paying reasonable administrative support costs to enable the clerk of the court to carry out these court- related functions.
and paying Page 6 of 20 CODING:
Section 3.
Subsection (3) of section 28.36, Florida Statutes, is renumbered as subsection (4), a new subsection (3) is added to that section, and subsection (1), paragraph (b) of subsection (2), and present subsection (4) of that section are amended, to read:
28.36 Budget procedure.—There is established a budget procedure for the court-related functions of the clerks of the Page 8 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 court.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 reasonable administrative support costs to enable the clerk of the court to carry out these court-related functions.
Section 3.
Effective upon this act becoming a law, subsections (3) and (4) of section 28.36, Florida Statutes, are renumbered as subsections (4) and (5), respectively, a new subsection (3) is added to that section, and subsection (1), paragraph (b) of subsection (2), and present subsection (4) of that section are amended, to read:
28.36 Budget procedure.—There is established a budget procedure for the court-related functions of the clerks of the court.
28.35(3)(a) may be funded from court-related fees, service charges, court costs, and fines retained by the clerks of the court.
28.35(3)(a) may be funded from fees, service charges, court costs, and fines retained by the clerks of the court.
Such revenues include revenue projected to be received from court-related fees, service charges, costs, and fines for court-related functions during the fiscal period covered by the budget, plus the total of unspent budgeted funds for court-related functions carried forward by the clerk of the court from the previous county fiscal year and plus the portion of the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
Such revenues include revenue projected to be received from fees, service charges, court costs, and fines for court-related functions during the fiscal period covered by the budget, plus the total of unspent budgeted funds for court-related functions carried forward by the clerk of the court from the previous county fiscal year and plus the portion of the balance of funds remaining in the Clerks Page 7 of 20 CODING:
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hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 of the Court Trust Fund after the transfer of funds to the General Revenue Fund required pursuant to s.
For the purposes of this paragraph, the term "unspent budgeted funds for court-related functions" means undisbursed funds included in the clerk of the courts' budget for court-related court related functions established pursuant to s.
For the purposes of this paragraph, the term "unspent budgeted funds for court-related functions" means undisbursed funds included in the clerk of the courts' budget for court related functions established pursuant to s.
The anticipated expenditures must be itemized as required by the Page 9 of 21 CODING:
The anticipated expenditures must be itemized as required by the corporation.
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 corporation.
Funds to be held in reserve include transfers of any cumulative excess, as provided in s.
Funds to be held in reserve include transfers of cumulative excess, as provided in s.
(c) The corporation may use these funds to ensure the clerks of court can perform the court-related functions as provided in s.
(c) The corporation may use the reserve to ensure the Page 8 of 20 CODING:
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hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 clerks of court can perform the court-related functions as provided in s.
To offset a deficit between the revenue available and the original budget authority.
To offset a current deficit between the revenue available and the original budget authority.
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252.34(4).
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 252.34(4).
To provide funds in the development of the total aggregate budget of the clerks of court and to ensure that a minimum continuation budget is met if, after the corporation has notified the Legislature of a deficit under s.
To provide funds in the development of the total aggregate budget of the clerks of court to ensure that a minimum continuation budget is met.
28.35(2)(f)11., there remains a deficit between the total revenues available and the total budget from the previous county fiscal year.
For purposes of this subparagraph, a minimum continuation budget is the budget approved for the current county fiscal year or a lesser amount adopted by the corporation.
(d) The corporation shall request a budget amendment and the Executive Office of the Governor may approve the release of funds in accordance with the notice, review, and objection procedures set forth in s.
(d) To use the reserve, the corporation must request a budget amendment pursuant to s.
216.177, and the office shall provide notice of the action to the Department of Revenue and the Chief Financial Officer.
216.292.
(a) The additional budget authority is necessary to pay the cost of performing new or additional functions required by changes in law or court rule, by an impact resulting from financial obligations imposed on court-related functions by a county or by administrative order of a circuit court or the Supreme Court, or by order of a federal or state court;
(a) The additional budget authority is necessary to pay Page 9 of 20 CODING:
or (b) The additional budget authority is necessary to pay Page 11 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 the cost of supporting increases in the number of judges or magistrates authorized by the Legislature, or for increases in the use of hearing officers and senior judges assigned by the courts.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the cost of performing new or additional functions required by changes in law or court rule;
or (b) The additional budget authority is necessary to pay the cost of supporting increases in the number of judges or magistrates authorized by the Legislature, or for increases in the use of hearing officers and senior judges assigned by the courts.
Section 28.37, Florida Statutes, is amended to read:
Effective upon this act becoming a law, section 28.37, Florida Statutes, is amended to read:
28.37 Fines, court-related fees, service charges, and court costs remitted to the state.— (1) Pursuant to s.
28.37 Fines, fees, service charges, and costs remitted to the state.— (1) Pursuant to s.
V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, court-related fees, service charges, and court costs collected by the clerks of the court, and from adequate and appropriate supplemental funding from state revenues as appropriated by the Legislature.
V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, fees, service charges, and court costs collected by the clerks of the court, and from adequate and appropriate supplemental funding from state revenues as appropriated by the Legislature.
(a) "Cumulative excess" means revenues derived from court- related fees, service charges, court costs, and fines collected by the clerks of the court which are greater than the original revenue projection.
(a) "Cumulative excess" means revenues derived from fines, fees, service charges, and court costs collected by the clerks of the court which are greater than the original revenue projection.
(b) "Original revenue projection" means the official estimate, as determined by the Revenue Estimating Conference, of revenues from fines, court-related fees, service charges, and court costs available for court-related functions for the county Page 12 of 21 CODING:
(b) "Original revenue projection" means the official estimate, as determined by the Revenue Estimating Conference, of Page 10 of 20 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 fiscal year covered by the projection.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 revenues from fines, fees, service charges, and court costs available for court-related functions for the county fiscal year covered by the projection.
(3) The Beginning November 1, 2013, that portion of all fines, court-related fees, service charges, and court costs collected by the clerks of the court for the previous month which is in excess of one-twelfth of the clerks' total budget for the performance of court-related functions must shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund.
(3) The Beginning November 1, 2013, that portion of all fines, fees, service charges, and costs collected by the clerks of the court for the previous month which is in excess of one- twelfth of the clerks' total budget for the performance of court-related functions must shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund.
(4)(a)(3)(a) Each year, no later than January 25, for the previous county fiscal year, the clerks of court, in consultation with the Florida Clerks of Court Operations Corporation, shall remit to the Department of Revenue for deposit in the Clerks of the Court Trust Fund the cumulative excess of all fines, court-related fees, service charges, and court costs retained by the clerks of the court, plus any funds received by the clerks of the court from the Clerks of the Court Trust Fund under s.
(4)(a)(3)(a) Each year, no later than January 25, for the previous county fiscal year, the clerks of court, in consultation with the Florida Clerks of Court Operations Corporation, shall remit to the Department of Revenue for deposit in the Clerks of the Court Trust Fund the cumulative excess of all fines, fees, service charges, and court costs retained by the clerks of the court, plus any funds received by the clerks of the court from the Clerks of the Court Trust Fund under s.
(b) No later than February 1, 2022, and each February 1 thereafter, the Department of Revenue shall transfer 50 percent Page 13 of 21 CODING:
(b) No later than February 1, 2022, and each February 1 Page 11 of 20 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 of the cumulative excess of the original revenue projection from the Clerks of the Court Trust Fund to the General Revenue Fund.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 thereafter, the Department of Revenue shall transfer 50 percent of the cumulative excess of the original revenue projection from the Clerks of the Court Trust Fund to the General Revenue Fund.
No later than February 1, 2021, the Department of Revenue shall transfer from the Clerks of the Court Trust Fund to the General Revenue Fund not less than 50 percent of the sum of the cumulative excess of all fines, fees, service charges, and costs submitted by the clerks of court pursuant to subsection (2) and the cumulative excess of all fines, fees, service charges, and costs remitted by the clerks of court pursuant to paragraph (a);
No later than February 1, 2021, the Department of Revenue shall transfer from the Clerks of the Court Trust Fund to the General Revenue Fund not less than 50 percent of the sum of the cumulative excess of all fines, fees, service charges, and costs submitted by the clerks of court pursuant to subsection (2) and the cumulative excess of all fines, fees, Page 12 of 20 CODING:
provided however, the balance Page 14 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 remaining in the Clerks of Courts Trust Fund after such transfer may not be more than $20 million.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 service charges, and costs remitted by the clerks of court pursuant to paragraph (a);
provided however, the balance remaining in the Clerks of Courts Trust Fund after such transfer may not be more than $20 million.
The corporation shall notify the clerk of the court and the Department of Revenue of the amount due to the Department of Revenue.
The corporation shall notify the clerk of Page 13 of 20 CODING:
The clerk of the court shall remit the Page 15 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 amount due no later than the 10th day of the month following the month in which notice is provided by the corporation to the clerk of the court.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the court and the Department of Revenue of the amount due to the Department of Revenue.
The clerk of the court shall remit the amount due no later than the 10th day of the month following the month in which notice is provided by the corporation to the clerk of the court.
The clerks, through their association, shall disseminate this manual to the chief judge, state attorney, public defender, and court administrator in each circuit and to the clerk of the court in each county.
The clerks, through their association, shall disseminate this manual to the chief judge, state attorney, public defender, and court administrator in each circuit and to Page 14 of 20 CODING:
The clerks, through their association and in consultation with the Office of the State Page 16 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 Courts Administrator, shall at a minimum update and disseminate this manual on July 1 of each year.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the clerk of the court in each county.
The clerks, through their association and in consultation with the Office of the State Courts Administrator, shall at a minimum update and disseminate this manual on July 1 of each year.
318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court must shall notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such Page 17 of 21 CODING:
318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of Page 15 of 20 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 failure.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 the court must shall notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure.
The order must also inform the person that he or she may contact the clerk of the court to establish a payment plan pursuant to s.
The order also must inform the person that he or she may contact the clerk of the court to establish a payment plan pursuant to s.
28.246(4) to make partial payments for fines, court-related fees, service charges, and court costs.
28.246(4) to make partial payments for fines, fees, service charges, and court costs.
The notification form must shall contain language informing persons charged with infractions to which this chapter applies of the procedures available to them under this chapter.
The notification form must shall contain language informing persons charged with infractions to which this chapter applies of the procedures Page 16 of 20 CODING:
Such notification form must shall contain a statement that, if the official determines Page 18 of 21 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 that no infraction has been committed, no costs or penalties may shall be imposed and any costs or penalties that which have been paid will shall be returned.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 available to them under this chapter.
Such notification form must shall contain a statement that, if the official determines that no infraction has been committed, no costs or penalties may shall be imposed and any costs or penalties that which have been paid will shall be returned.
318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 or this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the traffic court must provide shall mail to the person, either electronically or by mail sent to at the address specified on the uniform traffic citation, a notice of such failure, Page 19 of 21 CODING:
318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 or this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the traffic court must provide shall mail to the person, either Page 17 of 20 CODING:
hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 electronically or by mail sent to at the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended.
Upon electronic receipt of the notice, the department shall immediately issue an order suspending the person's driver license and privilege to drive effective 20 days after the date the order of suspension is sent mailed in accordance with s.
Upon electronic receipt of the notice, the department shall immediately issue an order suspending the person's driver license and privilege to drive effective 20 days after the date the order of suspension is mailed in accordance with s.
28.246(4) to make partial payments for fines, court-related fees, service charges, and court costs.
28.246(4) to make partial payments for fines, fees, service charges, and court costs.
(5)(a) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in Page 20 of 21 CODING:
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hb0903-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 903 2021 this state under the provisions of this chapter has failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 (5)(a) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s.
The department shall send an order of suspension in accordance with s.
The department shall mail an order of suspension in accordance with s.
28.246(4) to make partial payments for fines, court-related fees, service charges, and court costs.
28.246(4) to make partial payments for fines, fees, service charges, and court costs.
Subsection (3) of section 775.083, Florida Statutes, is renumbered as subsection (4), and a new subsection (3) is added to that section to read:
Subsection (3) of section 775.083, Florida Statutes, is redesignated as subsection (4), and a new subsection (3) is added to that section to read:
775.083 Fines.— (3) The clerk of the court of each county is responsible for collecting payment of fines, court-related fees, service charges, and court costs.
775.083 Fines.— (3) The clerk of the court of each county is the entity responsible for collecting payment of fines, fees, service charges, and court costs.
Unless otherwise designated by the court, a person who has been ordered to pay court obligations under this section shall immediately contact the clerk to pay fines, court-related fees, service charges, and court costs in full, or to apply for enrollment in a payment plan, pursuant to s.
Unless otherwise designated by the court, a person who has been ordered to pay court obligations under this section shall immediately contact the clerk to pay fines, fees, service charges, and court costs in full, or to apply for enrollment in a payment plan, pursuant to s.
Section 10.
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This act shall take effect upon becoming a law.
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hb0903-00
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2021 Section 10.
Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect October 1, 2021.
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Words stricken are deletions;
words underlined are additions.
hb0903-01-c1
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 838 (Ch. 2021-116)

  2. Added to Second Reading Calendar

  3. Bill released to House Calendar

  4. Reported out of Appropriations Committee

  5. Favorable by Appropriations Committee

  6. Added to Appropriations Committee agenda

  7. Now in Appropriations Committee

  8. Referred to Appropriations Committee

  9. 1st Reading (Committee Substitute 1)

  10. CS Filed

  11. Laid on Table under Rule 7.18(a)

  12. Reported out of Judiciary Committee

  13. Favorable with CS by Judiciary Committee

  14. Added to Judiciary Committee agenda

  15. Now in Judiciary Committee

  16. Reported out of Justice Appropriations Subcommittee

  17. Favorable by Justice Appropriations Subcommittee

  18. Added to Justice Appropriations Subcommittee agenda

  19. 1st Reading (Original Filed Version)

  20. Now in Justice Appropriations Subcommittee

  21. Referred to Appropriations Committee

  22. Referred to Judiciary Committee

  23. Referred to Justice Appropriations Subcommittee

  24. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 25 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 16004
Republican 8002
Democrat 1000
Total 25006
% of votes cast 81%0%0%19%
How each member voted (31)
Member Party Vote
Alexander — Yea
Bush — Yea
Diamond — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Fine — Yea
Geller — Yea
Grant — Not Voting
Ingoglia — Yea
Jenne — Not Voting
Latvala — Yea
Omphroy — Not Voting
Renner — Yea
Roth — Yea
Stevenson — Yea
Tomkow — Not Voting
Willhite — Yea
Williams — Yea
Williamson — Yea
Davis, Tracie Democrat Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Not Voting
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClure, Lawrence Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Plasencia, Susan Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea

Official roll call →

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Republican 9000
Democrat 4000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Alexander — Yea
Byrd — Yea
Diamond — Yea
Fernandez-Barquin — Yea
Fetterhoff — Yea
Grieco — Yea
Learned — Yea
Roach — Yea
Driskell, Fentrice Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democrat 4000
Republican 4000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Beltran — Yea
Benjamin — Yea
Byrd — Yea
Caruso — Yea
Fernandez-Barquin — Yea
Learned — Yea
Sabatini — Yea
Davis, Tracie Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Rayner, Michele K. Democrat Yea
DiCeglie, Nick Republican Yea
Garrison, Sam Republican Yea
Melo, Lauren Republican Yea
Plakon, Rachel Saunders Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 903 do?
Clerks of the Circuit Court; Clarifies responsibility of person released from incarceration regarding enrolling in payment plan for outstanding court obligations; requires clerk to establish terms of payment plans; specifies circumstances under which moneys held in reserve may be used; provides procedures for release of funds; revises provisions governing transfer of certain funds from Clerks of Court Trust Fund to General Revenue Fund; requires clerks to develop uniform payment plan form; requires orders & notifications for traffic citations & suspensions to include information regarding payment plans; designates clerk as entity responsible for collecting payment of court obligations.
Who sponsors HB 903?
HB 903 is sponsored by Barnaby, Webster (Republican).
What is the current status of HB 903?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 903?
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Last checked for changes 2 months ago · updated continuously

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