Florida 2021 Regular Session Status: In Committee 1 R cosponsors

SB 386 — Courts

Last action — Died in Appropriations, 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 Senate
  4. 4
    Passed House
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Courts; Revising a presumption regarding a monthly payment amount under a payment plan for court-related assessments; authorizing a court to waive, modify, and convert certain fees, costs, and service charges into community service under specified circumstances; revising the disposition of civil penalties received by a county court, etc.

Bill Text

What changed in the latest version

71 added · 352 removed

71 line(s) added, 352 removed.

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Florida Senate - 2021 SB 386 By Senator Wright 14-00253B-21 2021386__ A bill to be entitled An act relating to payments to clerks of the circuit courts;
Florida Senate - 2021 CS for SB 386 By the Committee on Judiciary;
and Senator Wright 590-03550-21 2021386c1 A bill to be entitled An act relating to courts;
27.52, F.S.;
conforming a cross reference;
amending s.
28.24, F.S.;
providing procedures for payment plans;
amending s.
revising the methods by which clerks of the circuit courts must accept payments for certain fees, charges, costs, and fines;
revising a presumption regarding a monthly payment amount under a payment plan for court-related assessments;
providing requirements for entering into payment plans;
authorizing a court to waive, modify, and convert certain fees, costs, and service charges into community service under specified circumstances;
authorizing a court to waive, modify, and convert certain fines and fees into community service under specified circumstances;
authorizing the clerks of court to send specified notices relating to payment plans;
authorizing the clerks of court to waive certain fees for individuals who enroll in automatic electronic debit payment plans;
28.42, F.S.;
318.21, F.S.;
requiring the clerks of court, in consultation with the Florida Clerks of Court Operations Corporation, to develop a uniform payment plan form by a specified date;
revising the disposition of civil penalties received by a county court;
providing minimum criteria for the form;
requiring clerks of court to use such forms by a specified date;
amending s.
57.082, F.S.;
conforming a cross-reference and provisions to changes made by the act;
amending s.
318.15, F.S.;
authorizing, rather than requiring, clerks of court to notify the Department of Highway Safety and Motor Vehicles under certain circumstances;
extending the timeframe for issuing certain notices;
amending s.
318.20, F.S.;
requiring that a notification form and the uniform traffic citation include certain information about paying a civil penalty;
amending s.
322.245, F.S.;
authorizing certain persons to apply for reinstatement of their suspended licenses under certain circumstances;
36 Be It Enacted by the Legislature of the State of Florida:
12 Be It Enacted by the Legislature of the State of Florida:
38 Section 1. Paragraph (i) of subsection (5) of section 27.52, Florida Statutes, is amended to read:
14 Section 1. Subsection (4) of section 28.246, Florida Statutes, is amended to read:
27.52 Determination of indigent status.— (5) INDIGENT FOR COSTS.—A person who is eligible to be represented by a public defender under s.
27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court or on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss.
29.006 and 29.007, funded by the state.
(i) A defendant who is found guilty of a criminal act by a court or jury or enters a plea of guilty or nolo contendere and who received due process services after being found indigent for costs under this subsection is liable for payment of due process costs expended by the state.
1. The attorney representing the defendant, or the defendant if he or she is proceeding pro se, shall provide an accounting to the court delineating all costs paid or to be paid by the state within 90 days after disposition of the case notwithstanding any appeals.
2. The court shall issue an order determining the amount of all costs paid by the state and any costs for which prepayment was waived under this section or s.
57.081.
The clerk shall cause a certified copy of the order to be recorded in the official records of the county, at no cost.
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The recording constitutes a lien against the person in favor of the state in the county in which the order is recorded.
The lien may be enforced in the same manner prescribed in s.
938.29.
3. If the attorney or the pro se defendant fails to provide a complete accounting of costs expended by the state and consequently costs are omitted from the lien, the attorney or pro se defendant may not receive reimbursement or any other form of direct or indirect payment for those costs if the state has not paid the costs.
The attorney or pro se defendant shall repay the state for those costs if the state has already paid the costs.
The clerk of the court may establish a payment plan under s.
28.246 and may charge the attorney or pro se defendant a one time administrative processing charge under s.
28.24(26)(b) s.
28.24(26)(c).
Section 2. Subsection (26) of section 28.24, Florida Statutes, is amended to read:
28.24 Service charges.—The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in performing other specified duties.
These charges may not exceed those specified in this section, except as provided in s.
28.345.
(26)(a) For receiving and disbursing all restitution payments, per payment:
3.50, from which the clerk shall remit 0.50 per payment to the Department of Revenue for deposit into the General Revenue Fund.
(b) For receiving and disbursing all partial payments, other than restitution payments, for which an administrative processing service charge is not imposed pursuant to s.
28.246, per month...................................................5.00 (c) For setting up a payment plan, a one-time administrative processing charge of in lieu of a per month charge under paragraph (b)................................25.00.
(c) A person may pay the one-time administrative processing charge in paragraph (b) in no more than five equal monthly payments.
Section 3. Subsections (4) and (5) of section 28.246, Florida Statutes, are amended to read:
distribution of funds.— (4) Each The clerk of the circuit court shall accept scheduled partial payments for court-related fees, service charges, costs, and fines electronically, by mail, or in person, in accordance with the terms of an established payment plan and enroll.
distribution of funds.— (4) The clerk of the circuit court shall accept partial payments for court-related fees, service charges, costs, and fines in accordance with the terms of an established payment plan.
an individual seeking to defer payment of fees, service charges, costs, or fines imposed by operation of law or order of the court under any provision of general law no later than 30 calendar days after the date the court enters the order assessing any such fees, service charges, costs, and fines.
An individual seeking to defer payment of fees, service charges, 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.
If the individual is incarcerated, the individual shall apply to the clerk for enrollment in a payment plan within 30 calendar days after release.
The clerk shall enter into a payment plan with an individual who the court determines is indigent for costs.
The clerk of court may not refer a case to collection or send notice to the department to suspend an individual’s driver license for nonpayment or failure to comply with the terms of a payment plan if the individual is still incarcerated.
A monthly payment amount, calculated based upon all fees and all anticipated costs, 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.
The clerk shall enroll individuals with a deposit or credit card account, or with other means of automatic withdrawal, in an automatic payment plan arrangement to ensure timely payment under the plan.
Each clerk shall work with the court to develop a process in which the individual will meet with the clerk upon disposition or as soon thereafter as practicable.
If the clerk enters shall enter into a payment plan with an individual who the court determines is indigent for costs, the.
A monthly payment amount shall be, calculated based upon all fees and all anticipated fees, service charges, costs, and fines owed within the county, and 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.
The court may review the reasonableness of the payment plan and may, on its own motion or by petition, waive, modify, or convert the outstanding fines, fees, costs, or service charges to community service if the court determines that the individual is indigent or, due to compelling circumstances, is unable to comply with the terms of the payment plan.
The court may review the reasonableness of the payment plan and may, on its own motion or by petition, waive, modify, or convert the outstanding fees, costs, or service charges to community service if the court determines that the individual is indigent or, due to compelling circumstances, is unable to comply with the terms of the payment plan.
(5)(a) The clerk may send notices, electronically or by mail, to remind an individual of an upcoming or missed payment.
Section 2. Paragraph (g) of subsection (2) of section 318.21, Florida Statutes, is amended, and subsection (1) of that section is republished, to read:
(b) When receiving partial payment of fees, service charges, court costs, and fines, clerks shall distribute funds according to the following order of priority:
318.21 Disposition of civil penalties by county courts.—All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows:
1.(a) That portion of fees, service charges, court costs, and fines to be remitted to the state for deposit into the General Revenue Fund.
(1) One dollar from every civil penalty shall be remitted to the Department of Revenue for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s.
2.(b) That portion of fees, service charges, court costs, and fines required to be retained by the clerk of the court or deposited into the Clerks of the Court Trust Fund within the Department of Revenue.
402.40.
3.(c) That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.
One dollar from every civil penalty shall be remitted to the Department of Revenue for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s.
4.(d) That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.
985.66.
164 To offset processing costs, clerks may impose either a per-month service charge pursuant to s.
(2) Of the remainder:
28.24(26)(b) or a one-time administrative processing service charge at the inception of the payment plan pursuant to s.
(g)1. If the violation occurred within a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be paid to that special improvement district.
28.24(26)(b) s.
2. If the violation occurred within a municipality, 50.8 percent shall be paid to that municipality and 5.6 percent shall be deposited into the fine and forfeiture trust fund established pursuant to s.
28.24(26)(c).
142.01.
The clerk of court may waive this fee for any individual who enrolls in an automatic electronic debit payment plan.
3. If the violation occurred within a municipality or within the unincorporated area of a county, including the unincorporated areas, if any, of a government created pursuant to s.
Section 4. Section 28.42, Florida Statutes, is amended to read:
6(e), Art.
28.42 Manual of filing fees, charges, costs, and fines;
VIII of the State Constitution, that is not within a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be deposited into the fine and forfeiture fund established pursuant to s.
uniform payment plan forms.— (1) The clerks of court, through their association and in consultation with the Office of the State Courts Administrator, shall prepare and disseminate a manual of filing fees, service charges, costs, and fines imposed pursuant to state law, for each type of action and offense, and classified as mandatory or discretionary.
142.01.
The manual also shall classify the fee, charge, cost, or fine as court-related revenue or noncourt-related revenue.
Section 3. This act shall take effect July 1, 2021.
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 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.
(2) By October 1, 2021, the clerks of court, through their association, in consultation with the Florida Clerks of Court Operations Corporation, shall develop a uniform payment plan form for use by individuals seeking to establish a payment plan in accordance with s.
28.246.
The form shall inform the individual about the minimum payment due each month, the term of the plan, acceptable payment methods, and the circumstances under which a case may be sent to collections for nonpayment.
(3) By January 1, 2022, each clerk of the court shall use the uniform payment plan form described in subsection (2) when establishing payment plans.
Section 5. Subsection (6) of section 57.082, Florida Statutes, is amended to read:
57.082 Determination of civil indigent status.— (6) PROCESSING CHARGE;
PAYMENT PLANS.—A person who the clerk or the court determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s.
28.246 and shall be charged a one-time administrative processing charge under s.
28.24(26)(b) s.
28.24(26)(c).
A monthly payment amount must be, calculated based upon all fines and fees and all anticipated costs owed within that county and must, is presumed to correspond to the person’s ability to pay.
The monthly payment plan amount must be the greater of $10 or if it does not exceed 2 percent of the person’s annual net income, as defined in subsection (1), divided by 12.
The person may seek review of the clerk’s decisions regarding a payment plan established under s.
28.246 in the court having jurisdiction over the matter.
A case may not be impeded in any way, delayed in filing, or delayed in its progress, including the final hearing and order, due to nonpayment of any fees or costs by an indigent person.
Filing fees waived from payment under s.
57.081 may not be included in the calculation related to a payment plan established under this section.
Section 6. Paragraph (a) of subsection (1) of section 318.15, Florida Statutes, is amended to read:
318.15 Failure to comply with civil penalty or to appear;
penalty.— (1)(a) If a person who is not incarcerated fails to comply with the civil penalties provided in s.
318.18 within the time period specified in s.
318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss.
318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court may shall notify the Department of Highway Safety and Motor Vehicles of such failure within 30 10 days after such failure, except as provided in paragraphs (b) and (c).
Upon receipt of such notice, the department shall immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s.
322.251(1), (2), and (6).
Any such suspension of the driving privilege which has not been reinstated, including a similar suspension imposed outside Florida, shall remain on the records of the department for a period of 7 years from the date imposed and shall be removed from the records after the expiration of 7 years from the date it is imposed.
The department may not accept the resubmission of such suspension.
Section 7. Section 318.20, Florida Statutes, is amended to read:
318.20 Notification;
duties of department.—The department shall prepare a notification form to be appended to, or incorporated as a part of, the Florida uniform traffic citation issued in accordance with s.
316.650.
The notification form shall contain language informing persons charged with infractions to which this chapter applies of the procedures available to them under this chapter.
Such notification shall contain a statement that, if the official determines that no infraction has been committed, no costs or penalties shall be imposed and any costs or penalties which have been paid shall be returned.
A uniform traffic citation that is produced electronically must also include the information required by this section.
The notification and the uniform traffic citation must include information on paying the civil penalty to the clerk of the court and information that the person may contact the clerk of the court to establish a payment plan pursuant to s.
28.246(4) to make partial payments for court-related fines, fees, costs, and service charges.
Section 8. Section 322.245, Florida Statutes, is amended to read:
322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other driving-related criminal case.— (1) If a person charged with a violation of any driving related of the criminal offenses enumerated in s.
318.17 or with the commission of any driving-related 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 shall mail to the person, 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.
The notice shall be mailed no later than 5 days after such failure.
The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in accordance with s.
61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended.
The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office after the clerk remits $15 to the Department of Revenue for deposit into the General Revenue Fund.
(3) If the person fails to comply with the directives of the court within the 30-day period, or, in non-IV-D cases, fails to comply with the requirements of s.
61.13016 within the period specified in that statute, the depository or the clerk of the court shall electronically notify the department of such failure within 10 days.
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.
322.251(1), (2), and (6).
(4) After suspension of the driver license of a person pursuant to subsection (1), subsection (2), or subsection (3), the license may not be reinstated until the person complies with all court directives imposed upon him or her, including payment of the delinquency fee imposed by subsection (1), and presents certification of such compliance to a driver licensing office and complies with the requirements of this chapter or, in the case of a license suspended for nonpayment of child support in non-IV-D cases, until the person complies with the reinstatement provisions of s.
322.058 and makes payment of the delinquency fee imposed by subsection (2).
(5)(a) A person whose driver license was suspended before July 1, 2021, pursuant to this section solely for the nonpayment of fines, fees, or costs in a criminal case not involving operation of a motor vehicle, if otherwise eligible, may apply to have his or her license reinstated upon payment of a reinstatement fee.
(b) 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, in full or in part under a payment plan established pursuant to s.
28.246(4), for any criminal offense involving operation of a motor vehicle by the person licensed other than those specified in subsection (1), in full or in part under a payment plan pursuant to s.
28.246(4), the department shall suspend the license of the person named in the notice.
(c)(b) The department must reinstate the driving privilege when the clerk of the court provides an affidavit to the department stating that:
1. The person has satisfied the financial obligation in full or made all payments currently due under a payment plan;
2. The person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan;
or 3. A court has entered an order granting relief to the person ordering the reinstatement of the license.
(d)(c) The department shall not be held liable for any license suspension resulting from the discharge of its duties under this section.
Section 9. This act shall take effect July 1, 2021.
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Action History

  1. Died in Appropriations, companion bill(s) passed, see CS/CS/SB 838 (Ch. 2021-116)

  2. CS by Judiciary read 1st time

  3. Now in Appropriations

  4. Remaining references corrected to Appropriations; Rules

  5. Original reference(s) removed: Appropriations Subcommittee on Criminal and Civil Justice

  6. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  7. CS by Judiciary; YEAS 11 NAYS 0

  8. On Committee agenda-- Judiciary, 03/29/21, 3:30 pm, 412 Knott Building

  9. Introduced

  10. Referred to Judiciary; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  11. 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.

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"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.

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Votes

Favorable with Committee Substitute

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 3000
Democrat 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Baxley — Yea
Broxson — Yea
Rodrigues — Yea
Thurston — Yea
Gibson — Yea
Brandes — Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea

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Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 386 do?
Courts; Revising a presumption regarding a monthly payment amount under a payment plan for court-related assessments; authorizing a court to waive, modify, and convert certain fees, costs, and service charges into community service under specified circumstances; revising the disposition of civil penalties received by a county court, etc.
Who sponsors SB 386?
SB 386 is sponsored by Wright, Tom A. (Republican).
What is the current status of SB 386?
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 SB 386?
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