Bill Amendment: FL S0386 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Courts

Status: 2021-04-30 - Died in Appropriations, companion bill(s) passed, see CS/CS/SB 838 (Ch. 2021-116) [S0386 Detail]

Download: Florida-2021-S0386-Senate_Committee_Substitue_Amendment_547058_Amendment_Delete_All_407108_.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 386
       
       
       
       
       
       
                                Ì547058@Î547058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Substitute for Amendment (407108) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (4) of section 28.246, Florida
    7  Statutes, is amended to read:
    8         28.246 Payment of court-related fines or other monetary
    9  penalties, fees, charges, and costs; partial payments;
   10  distribution of funds.—
   11         (4) The clerk of the circuit court shall accept partial
   12  payments for court-related fees, service charges, costs, and
   13  fines in accordance with the terms of an established payment
   14  plan. An individual seeking to defer payment of fees, service
   15  charges, costs, or fines imposed by operation of law or order of
   16  the court under any provision of general law shall apply to the
   17  clerk for enrollment in a payment plan. The clerk shall enter
   18  into a payment plan with an individual who the court determines
   19  is indigent for costs. A monthly payment amount, calculated
   20  based upon all fees and all anticipated costs, is presumed to
   21  correspond to the person’s ability to pay if the amount does not
   22  exceed 2 percent of the person’s annual net income, as defined
   23  in s. 27.52(1), divided by 12 or $10, whichever is greater. The
   24  court may review the reasonableness of the payment plan and may,
   25  on its own motion or by petition, waive, modify, or convert the
   26  outstanding fees, costs, or service charges to community service
   27  if the court determines that the individual is indigent or, due
   28  to compelling circumstances, is unable to comply with the terms
   29  of the payment plan.
   30         Section 2. Paragraph (g) of subsection (2) of section
   31  318.21, Florida Statutes, is amended, and subsection (1) of that
   32  section is republished, to read:
   33         318.21 Disposition of civil penalties by county courts.—All
   34  civil penalties received by a county court pursuant to the
   35  provisions of this chapter shall be distributed and paid monthly
   36  as follows:
   37         (1) One dollar from every civil penalty shall be remitted
   38  to the Department of Revenue for deposit into the Child Welfare
   39  Training Trust Fund for child welfare training purposes pursuant
   40  to s. 402.40. One dollar from every civil penalty shall be
   41  remitted to the Department of Revenue for deposit into the
   42  Juvenile Justice Training Trust Fund for juvenile justice
   43  purposes pursuant to s. 985.66.
   44         (2) Of the remainder:
   45         (g)1. If the violation occurred within a special
   46  improvement district of the Seminole Indian Tribe or Miccosukee
   47  Indian Tribe, 56.4 percent shall be paid to that special
   48  improvement district.
   49         2. If the violation occurred within a municipality, 50.8
   50  percent shall be paid to that municipality and 5.6 percent shall
   51  be deposited into the fine and forfeiture trust fund established
   52  pursuant to s. 142.01.
   53         3. If the violation occurred within a municipality or
   54  within the unincorporated area of a county, including the
   55  unincorporated areas, if any, of a government created pursuant
   56  to s. 6(e), Art. VIII of the State Constitution, that is not
   57  within a special improvement district of the Seminole Indian
   58  Tribe or Miccosukee Indian Tribe, 56.4 percent shall be
   59  deposited into the fine and forfeiture fund established pursuant
   60  to s. 142.01.
   61         Section 3. This act shall take effect July 1, 2021.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to courts; amending s. 28.246, F.S.;
   69         revising a presumption regarding a monthly payment
   70         amount; authorizing a court to waive, modify, and
   71         convert certain fees, costs, and service charges into
   72         community service under specified circumstances;
   73         amending s. 318.21, F.S.; revising the disposition of
   74         civil penalties received by a county court; providing
   75         an effective date.