Florida 2022 Regular Session Status: Enacted 8 R cosponsors

HB 397 — Court Fiscal Administration

Last action — Chapter No. 2022-201

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced October 21, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    2 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Court Fiscal Administration; Revises calculation for presumed ability to pay; provides formula for determining down payment; revising duties of the Florida Clerks of Court Operation Corporation; authorizes the corporation to request reimbursement at a specified rate; authorizes clerk to review certain records when making a determination of indigence; requires DHSMV to implement certain technology.

Bill Text

What changed in the latest version

15 added · 22 removed

15 line(s) added, 22 removed.

→
Previous
Latest
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 ENROLLED CS/HB397 2022Legislature 2 An act relating to court fiscal administration;
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/HB397 2022 A bill to be entitled An act relating to court fiscal administration;
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature court under specified provisions;
hb0397-01-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/HB397 2022 court under specified provisions;
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature and fines in full, or to apply for enrollment in a payment plan.
hb0397-01-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/HB397 2022 and fines in full, or to apply for enrollment in a payment plan.
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature the performance of their court-related functions.
hb0397-01-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/HB397 2022 the performance of their court-related functions.
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss.
hb0397-01-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/HB397 2022 circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss.
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature and one vehicle having a net value not exceeding $5,000.
hb0397-01-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/HB397 2022 and one vehicle having a net value not exceeding $5,000.
hb0397-02-er 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 ENROLLED CS/HB397 2022Legislature (3) The department must work with the clerks of court, through their association, to ensure the ability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.
hb0397-01-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/HB397 2022 (3) The department must work with the clerks of court, through their association, to ensure the ability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.
hb0397-02-er
hb0397-01-c1
⬇ Download PDF
View plain text versions (3)

How this bill changes current law

7 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises processes and criteria related to the payment of court-related fees and the determination of indigence for individuals involved in the court system in Florida.

  • 28.246

    2 percent of the person's annual net income, as defined in s. 27.52(1), divided by 12; or → Two 2 percent of the person's annual net income, as defined in s. 27.52(1), divided by 12; or

    The amendment clarifies the income percentage used in calculating the payment plan amounts.

  • 28.246

    10 percent of the total amount owed or $100. → 10 percent of the total amount owed or $100.

    The down payment criteria for establishing a payment plan remain unchanged.

  • 28.35

    Annually preparing a budget request which, notwithstanding the provisions of chapter 216 and in accordance with s. 216.351, provides the anticipated amount necessary for reimbursement pursuant to s. 40.29(6).

    The amendment requires the Florida Clerks of Court Operations Corporation to prepare an annual budget request for reimbursement amounts.

  • 40.29

    The clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss. 394.459, 394.463, 394.467, 394.917, and 397.6814, at the rate of $40 per petition or order.

    The change allows the clerk to request reimbursement for certain filings more regularly.

  • 57.082

    The clerk may conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of this state to identify any property interests of the applicant under this paragraph.

    The amendment allows clerks to review additional records when determining indigence.

  • 57.082

    The determination of indigent status is a ministerial act of the clerk and may not a decision be based on further investigation or the exercise of independent judgment by the clerk. → The determination of indigent status is a ministerial act of the clerk and may not a decision be based on further investigation or the exercise of independent judgment by the clerk.

    The clerk's role in determining indigence is defined as strictly administrative.

  • 322.29

    The department must work with the clerks of court, through their association, to ensure the ability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.

    This addition mandates collaboration to improve technology for reinstating suspended licenses.

Action History

  1. Chapter No. 2022-201

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 38 NAYS 0

  7. Read 3rd time

  8. Read 2nd time

  9. Substituted for CS/SB 552

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Appropriations

  12. Received

  13. Referred to Appropriations

  14. In Messages

  15. CS passed; YEAS 115, NAYS 0

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Read 2nd time

  20. Bill added to Special Order Calendar (3/1/2022)

  21. Added to Second Reading Calendar

  22. Bill released to House Calendar

  23. Reported out of Appropriations Committee

  24. Favorable by Appropriations Committee

  25. Added to Appropriations Committee agenda

  26. Now in Appropriations Committee

  27. Reported out of Judiciary Committee

  28. Favorable by Judiciary Committee

  29. Added to Judiciary Committee agenda

  30. Now in Judiciary Committee

  31. Referred to Appropriations Committee

  32. Referred to Judiciary Committee

  33. 1st Reading (Committee Substitute 1)

  34. CS Filed

  35. Laid on Table under Rule 7.18(a)

  36. Reported out of Justice Appropriations Subcommittee

  37. Favorable with CS by Justice Appropriations Subcommittee

  38. Added to Justice Appropriations Subcommittee agenda

  39. 1st Reading (Original Filed Version)

  40. Now in Justice Appropriations Subcommittee

  41. Referred to Appropriations Committee

  42. Referred to Judiciary Committee

  43. Referred to Justice Appropriations Subcommittee

  44. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 13 co-sponsors · 149 not signed on

Sponsors (2)

  • Justice Appropriations Subcommittee
  • Clemons

Co-sponsors (13)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"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

Third Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 20001
Democrat 4000
No Party Affiliation 1000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Torres — Yea
Brandes — Yea
Simpson — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Bean — Not Voting
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 115 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 50002
Republican 45001
Democrat 20001
Total 115004
% of votes cast 97%0%0%3%
How each member voted (119)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Diamond — Yea
Drake — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Williamson — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Fetterhoff — Yea
Fine — Yea
Payne — Yea
Zika — Yea
Fischer — Yea
Grant — Not Voting
Stevenson — Not Voting
Benjamin — Yea
Harding — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Killebrew — Yea
Slosberg-King — Yea
Byrd — Yea
Caruso — Yea
Latvala — Yea
Casello — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Appropriations Committee)

Passed 26 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Republican 8002
Democrat 1000
Total 26004
% of votes cast 87%0%0%13%
How each member voted (30)
Member Party Vote
Alexander — Yea
Brown — Yea
Bush — Yea
Diamond — Yea
Drake — Yea
Duran — Yea
Fine — Yea
Geller — Yea
Grant — Yea
Ingoglia — Not Voting
Latvala — Yea
Omphroy — Yea
Renner — Yea
Roth — Yea
Stevenson — Yea
Tomkow — Yea
Willhite — Yea
Williams — Not Voting
Williamson — Yea
Driskell, Fentrice Democrat Yea
Burton, Colleen Republican Not Voting
Grall, Erin Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClure, Lawrence Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Not Voting

Official roll call →

Favorable (Judiciary Committee)

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 7001
Democrat 4000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Alexander — Yea
Beltran — Yea
Byrd — Yea
Diamond — Yea
Fernandez-Barquin — Not Voting
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
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Not Voting
Truenow, Keith L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Justice Appropriations Subcommittee)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4001
Unaffiliated 6000
Democrat 4000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Beltran — Yea
Benjamin — Yea
Byrd — Yea
Caruso — Yea
Fernandez-Barquin — Yea
Learned — Yea
Davis, Tracie Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Rayner, Michele K. Democrat Yea
Barnaby, Webster Republican Not Voting
Fabricio, Tom Republican Yea
Koster, Traci Republican Yea
Plakon, Rachel Saunders Republican Yea
Smith, David Republican Yea

Official roll call →

Subjects

public-safety technology
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 397 do?
Court Fiscal Administration; Revises calculation for presumed ability to pay; provides formula for determining down payment; revising duties of the Florida Clerks of Court Operation Corporation; authorizes the corporation to request reimbursement at a specified rate; authorizes clerk to review certain records when making a determination of indigence; requires DHSMV to implement certain technology.
Who sponsors HB 397?
HB 397 is sponsored by Justice Appropriations Subcommittee, Clemons, Barnaby, Webster (Republican), Brannan III, Robert Charles "Chuck" (Republican), Maney, Patt (Republican), Massullo, Ralph E., Jr. (Republican), McCurdy, Morales, Overdorf, Tobin Rogers "Toby" (Republican), Payne, Roth, Sirois, Tyler I. (Republican), Thompson, Trabulsy, Dana (Republican), and Valdés, Susan L. (Republican).
What is the current status of HB 397?
This bill has been enacted into law. Introduced October 21, 2021. Enacted.
Where can I track HB 397?
Track HB 397 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 397

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 397

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →