Senate Bill 48 (2023) — Court-related payment plans
SB 48
Florida Bills
Florida Senate - 2023 SB By Senator Wright 8-00112-23 202348__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to court-related payment plans; 2 amending s. 28.246, F.S.; authorizing a court to waive, modify, or convert outstanding fees, service charges, court costs, or fines to community service under certain circumstances; providing an effective date. 7
Be It Enacted by the Legislature of the State of Florida: 9
Section 1. Paragraph
(
b) of subsection (4) of
section 11 28.246, Florida Statutes, is amended to read: 12 28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; 14 distribution of funds.— 15 (4) 16
(
b) An individual seeking to defer payment of 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. The clerk shall enter into a payment plan with an individual who the court determines is indigent for costs.
It is the respo nsibility 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, 25 and fines in full, or to apply for enrollment in a payment plan . 26 1.
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 Florida Senate - 2023 SB 48 8-00112-23 202348__ CODING: Words stricken are deletions; words underlined are additions. if the amount does not exceed the greater of: 30 a. Two percent of the person’s annual net income, as defined in s. 27.52(1), divided by 12; or b. Twenty-five dollars. 33 2.
Any amount required by the clerk as down payment to initially establish a payment plan shall be the lesser of 10 percent of the total amount owed or $100. The amount does not include the imposition of a service charge pursuant to s. 37 28.24(27)(
b) or (c). The clerk shall establish all terms of a payment plan, and the court may review the reasonableness of the payment plan and, on its own motion or by petition, may waive, 40 modify, or convert the outstanding fees, service charges, court costs, or fines to community service if it determines that the individual is indigent or, due to compelling circumstances, is unable to comply with the terms of the payment plan . 44