Bill Text: FL S0838 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clerks of the Circuit Court
Spectrum:
Status: (Passed) 2021-06-18 - Chapter No. 2021-116 [S0838 Detail]
Download: Florida-2021-S0838-Comm_Sub.html
Bill Title: Clerks of the Circuit Court
Spectrum:
Status: (Passed) 2021-06-18 - Chapter No. 2021-116 [S0838 Detail]
Download: Florida-2021-S0838-Comm_Sub.html
Florida Senate - 2021 CS for SB 838 By the Committee on Judiciary; and Senator Boyd 590-02600-21 2021838c1 1 A bill to be entitled 2 An act relating to clerks of the circuit court; 3 amending s. 28.246, F.S.; clarifying the 4 responsibility of an individual released from 5 incarceration regarding enrolling in a payment plan 6 for any outstanding court obligations; modifying the 7 manner of calculating a monthly payment amount under a 8 payment plan; requiring the clerk to establish all 9 terms of a payment plan; amending s. 28.35, F.S.; 10 modifying duties of the Florida Clerks of Court 11 Operations Corporation with respect to the funding of 12 clerks’ offices; conforming a cross-reference; 13 amending s. 28.36, F.S.; conforming a cross-reference; 14 requiring the corporation to establish and manage a 15 contingency reserve within the Clerks of the Court 16 Trust Fund for specified purposes; prescribing 17 reporting requirements; specifying circumstances under 18 which moneys held in reserve may be used; prescribing 19 procedures for the release of such funds; amending s. 20 28.37, F.S.; modifying a provision regarding state 21 court system funding; defining terms; conforming a 22 cross-reference; revising provisions governing the 23 transfer of certain funds from the Clerks of the Court 24 Trust Fund to the General Revenue Fund by the 25 Department of Revenue; amending s. 28.42, F.S.; 26 requiring the clerks to develop a uniform payment plan 27 form by a specified date; prescribing requirements for 28 the form; requiring the clerks to use such form by a 29 specified date; amending ss. 318.15, 318.20, and 30 322.245, F.S.; requiring orders and notifications for 31 certain traffic citations and suspensions to include 32 information regarding payment plans; amending s. 33 775.083, F.S.; designating the clerk as the entity 34 responsible for collecting payment of certain court 35 obligations; requiring a person ordered to pay such 36 obligations to contact the clerk in order to pay or 37 establish a payment plan, unless otherwise provided; 38 providing effective dates. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Subsection (4) of section 28.246, Florida 43 Statutes, is amended to read: 44 28.246 Payment of court-related fines or other monetary 45 penalties, fees, charges, and costs; partial payments; 46 distribution of funds.— 47 (4)(a) EachTheclerk of the circuit court shall accept 48 partial payments for each case type for court-related fees, 49 service charges, court costs, and fines in accordance with the 50 terms of an established payment plan developed by the clerk. 51 (b) An individual seeking to defer payment of fees, service 52 charges, court costs, or fines imposed by operation of law or 53 order of the court under any provision of general law shall 54 apply to the clerk for enrollment in a payment plan. The clerk 55 shall enter into a payment plan with an individual who the court 56 determines is indigent for costs. It is the responsibility of an 57 individual who is released from incarceration and has 58 outstanding court obligations to contact the clerk within 30 59 days after release to pay fees, service charges, court costs, 60 and fines in full, or to apply for enrollment in a payment plan. 61 A monthly payment amount, calculated based upon all fees and all 62 anticipated fees, service charges, court costs, and fines, is 63 presumed to correspond to the person’s ability to pay if the 64 amount does not exceed 2 percent of the person’s annual net 65 income, as defined in s. 27.52(1), divided by 12. The clerk 66 shall establish all terms of a payment plan and the court may 67 review the reasonableness of the payment plan. 68 Section 2. Effective upon this act becoming a law, 69 paragraph (f) of subsection (2) and paragraph (a) of subsection 70 (3) of section 28.35, Florida Statutes, are amended, and 71 paragraphs (i) and (j) are added to subsection (2) of that 72 section, to read: 73 28.35 Florida Clerks of Court Operations Corporation.— 74 (2) The duties of the corporation shall include the 75 following: 76 (f) Approving the proposed budgets submitted by clerks of 77 the court pursuant to s. 28.36. The corporation must ensure that 78 the total combined budgets of the clerks of the court do not 79 exceed the total estimated revenues from fees, service charges, 80 court costs, and fines for court-related functions available for 81 court-related expenditures as determined by the most recent 82 Revenue Estimating Conference, plus the total of unspent 83 budgeted funds for court-related functions carried forward by 84 the clerks of the court from the previous county fiscal year, 85andplus the balance of funds remaining in the Clerks of the 86 Court Trust Fund after the transfer of funds to the General 87 Revenue Fund required pursuant to s. 28.37(4)(b), and plus any 88 appropriations for court-related functionss. 28.37(3)(b). The 89 corporation may amend any individual clerk of the court budget 90 to ensure compliance with this paragraph and must consider 91 performance measures, workload performance standards, workload 92 measures, and expense data before modifying the budget. As part 93 of this process, the corporation shall: 94 1. Calculate the minimum amount of revenue necessary for 95 each clerk of the court to efficiently perform the list of 96 court-related functions specified in paragraph (3)(a). The 97 corporation shall apply the workload measures appropriate for 98 determining the individual level of review required to fund the 99 clerk’s budget. 100 2. Prepare a cost comparison of similarly situated clerks 101 of the court, based on county population and numbers of filings, 102 using the standard list of court-related functions specified in 103 paragraph (3)(a). 104 3. Conduct an annual base budget review and an annual 105 budget exercise examining the total budget of each clerk of the 106 court. The review shall examine revenues from all sources, 107 expenses of court-related functions, and expenses of noncourt 108 related functions as necessary to determine that court-related 109 revenues are not being used for noncourt-related purposes. The 110 review and exercise shall identify potential targeted budget 111 reductions in the percentage amount provided in Schedule VIII-B 112 of the state’s previous year’s legislative budget instructions, 113 as referenced in s. 216.023(3), or an equivalent schedule or 114 instruction as may be adopted by the Legislature. 115 4. Identify those proposed budgets containing funding for 116 items not included on the standard list of court-related 117 functions specified in paragraph (3)(a). 118 5. Identify those clerks projected to have court-related 119 revenues insufficient to fund their anticipated court-related 120 expenditures. 121 6. Use revenue estimates based on the official estimate for 122 funds from fees, service charges, court costs, and fines for 123 court-related functions accruing to the clerks of the court made 124 by the Revenue Estimating Conference, as well as any unspent 125 budgeted funds for court-related functions carried forward by 126 the clerks of the court from the previous county fiscal year and 127 the balance of funds remaining in the Clerks of the Court Trust 128 Fund after the transfer of funds to the General Revenue Fund 129 required pursuant to s. 28.37(4)(b), plus any appropriations for 130 the purpose of funding court-related functionss. 28.37(3)(b). 131 7. Identify pay and benefit increases in any proposed clerk 132 budget, including, but not limited to, cost of living increases, 133 merit increases, and bonuses. 134 8. Identify increases in anticipated expenditures in any 135 clerk budget that exceeds the current year budget by more than 3 136 percent. 137 9. Identify the budget of any clerk which exceeds the 138 average budget of similarly situated clerks by more than 10 139 percent. 140 10. Request the Governor to order, pursuant to s. 141 215.18(1), a temporary transfer of moneys from unobligated funds 142 in the State Treasury to the Clerks of the Court Trust Fund in 143 the Department of Revenue to meet temporary deficiencies in that 144 fund. 145 11. Determine if the estimated revenue available for the 146 upcoming county fiscal year is adequate to fund court-related 147 functions, and certify and submit any aggregate difference to 148 the chairs of the legislative appropriations committees and the 149 Executive Office of the Governor for consideration, at least 30 150 days before the start of the next regular session of the 151 Legislature. 152 153 For the purposes of this paragraph, the term “unspent budgeted 154 funds for court-related functions” means undisbursed funds 155 included in the clerks of the courts budgets for court-related 156 functions established pursuant to this section and s. 28.36. 157 (i) If the corporation determines that the cumulative 158 budget for all clerks will vary by more than 5 percent from the 159 approved cumulative budget for the previous year, certify to the 160 Legislature the specific causes for the variance and how each 161 variance relates to the clerks’ responsibilities in performing 162 their court-related functions. 163 (j) Prepare and submit legislative budget requests to the 164 Legislature, consistent with the requirements of s. 216.023. 165 Such requests must be submitted for any fiscal year for which 166 the corporation determines that new duties or financial 167 obligations under s. 28.36(4), beyond those funded in prior 168 fiscal years, have been imposed on the court-related functions 169 of clerks of the court; and for any fiscal year for which the 170 corporation determines that the total estimated revenues 171 available for court-related expenditures as determined by the 172 most recent Revenue Estimating Conference, unspent revenues 173 carried forward from the previous fiscal year, and budget 174 amendments and appropriations made by law for the purpose of 175 funding court-related functions will be inadequate to provide 176 funding for court-related functions of clerks of the court at 177 the current level of operations. 178 (3)(a) The list of court-related functions that clerks may 179 fund from filing fees, service charges, court costs, and fines 180 is limited to those functions expressly authorized by law or 181 court rule. Those functions include the following: case 182 maintenance; records management; court preparation and 183 attendance; processing the assignment, reopening, and 184 reassignment of cases; processing of appeals; collection and 185 distribution of fines, fees, service charges, and court costs; 186 processing of bond forfeiture payments; data collection and 187 reporting; determinations of indigent status; and paying 188 reasonable administrative support costs to enable the clerk of 189 the court to carry out these court-related functions. 190 Section 3. Effective upon this act becoming a law, present 191 subsections (3) and (4) of section 28.36, Florida Statutes, are 192 redesignated as subsections (4) and (5), a new subsection (3) is 193 added to that section, and subsection (1), paragraph (b) of 194 subsection (2), and present subsection (4) of that section are 195 amended, to read: 196 28.36 Budget procedure.—There is established a budget 197 procedure for the court-related functions of the clerks of the 198 court. 199 (1) Only those functions listed in s. 28.35(3)(a) may be 200 funded from fees, service charges, court costs, and fines 201 retained by the clerks of the court. 202 (2) Each proposed budget shall further conform to the 203 following requirements: 204 (b) The proposed budget must be balanced such that the 205 total of the estimated revenues available equals or exceeds the 206 total of the anticipated expenditures. Such revenues include 207 revenue projected to be received from fees, service charges, 208 court costs, and fines for court-related functions during the 209 fiscal period covered by the budget, plus the total of unspent 210 budgeted funds for court-related functions carried forward by 211 the clerk of the court from the previous county fiscal year and 212 plus the portion of the balance of funds remaining in the Clerks 213 of the Court Trust Fund after the transfer of funds to the 214 General Revenue Fund required pursuant to s. 28.37(4)(b)s.21528.37(3)(b)which has been allocated to each respective clerk of 216 the court by the Florida Clerks of Court Operations Corporation. 217 For the purposes of this paragraph, the term “unspent budgeted 218 funds for court-related functions” means undisbursed funds 219 included in the clerk of the courts’ budget for court related 220 functions established pursuant to s. 28.35 and this section. The 221 anticipated expenditures must be itemized as required by the 222 corporation. 223 (3)(a) The Florida Clerks of Court Operations Corporation 224 shall establish and manage a reserve for contingencies within 225 the Clerks of the Court Trust Fund which must consist of an 226 amount not to exceed 16 percent of the total budget authority 227 for the clerks of court during the current county fiscal year, 228 to be carried forward at the end of the fiscal year. Funds to be 229 held in reserve include transfers of cumulative excess, as 230 provided in s. 28.37(4)(b), from the Clerks of the Court Trust 231 Fund and may also include revenues provided by law or moneys 232 appropriated by the Legislature. 233 (b) The corporation shall provide a reporting of the 234 balance and use of these funds during each county fiscal year as 235 part of the corporation’s annual report submitted under s. 236 28.35(2)(h). 237 (c) The corporation may use the reserve to ensure the 238 clerks of court can perform the court-related functions as 239 provided in s. 28.35(3)(a). Moneys in the Clerks of the Court 240 Trust Fund which are held in reserve may be used by the 241 corporation under the following circumstances: 242 1. To offset a current deficit between the revenue 243 available and the original budget authority. A deficit is deemed 244 to occur when the revenue available to the clerks of court falls 245 below the original revenue projection for that county fiscal 246 year. 247 2. To provide funding for an emergency, as defined in s. 248 252.34(4). The emergency must have been declared by the 249 Governor, pursuant to s. 252.36, or otherwise declared by law. 250 3. If, after the corporation has notified the Legislature 251 of a deficit under s. 28.35(2)(f)11., there remains a deficit 252 between the total revenues available and the total budget from 253 the current county fiscal year, to provide funds in the 254 development of the total aggregate budget of the clerks of court 255 to ensure that a minimum continuation budget is met. For 256 purposes of this subparagraph, a minimum continuation budget is 257 the budget approved for the current county fiscal year or some 258 lesser amount adopted by the corporation. 259 (d) To use the reserve, the corporation must request a 260 budget amendment pursuant to s. 216.292. 261 (5)(4)The corporation may approve increases or decreases 262 to the previously authorized budgets approved forindividual263 clerks of the court pursuant to s. 28.35 for court-related 264 functions, if: 265 (a) The additional budget authority is necessary to pay the 266 cost of performing new or additional functions required by 267 changes in law or court rule; or 268 (b) The additional budget authority is necessary to pay the 269 cost of supporting increases in the number of judges or 270 magistrates authorized by the Legislature, or for increases in 271 the use of hearing officers and senior judges assigned by the 272 courts. 273 Section 4. Effective upon this act becoming a law, section 274 28.37, Florida Statutes, is amended to read: 275 28.37 Fines, fees, service charges, and costs remitted to 276 the state.— 277 (1) Pursuant to s. 14(b), Art. V of the State Constitution, 278 selected salaries, costs, and expenses of the state courts 279 system and court-related functions shall be funded from a 280 portion of the revenues derived from statutory fines, fees, 281 service charges, and court costs collected by the clerks of the 282 court, and from adequate and appropriate supplemental funding 283 from state revenues as appropriated by the Legislature. 284 (2) DEFINITIONS.—As used in this section, the term: 285 (a) “Cumulative excess” means revenues derived from fines, 286 fees, service charges, and court costs collected by the clerks 287 of the court which are greater than the original revenue 288 projection. 289 (b) “Original revenue projection” means the official 290 estimate, as determined by the Revenue Estimating Conference, of 291 revenues from fines, fees, service charges, and court costs 292 available for court-related functions for the county fiscal year 293 covered by the projection. 294 (3) TheBeginning November 1, 2013, thatportion of all 295 fines, fees, service charges, and costs collected by the clerks 296 of the court for the previous month which is in excess of one 297 twelfth of the clerks’ total budget for the performance of 298 court-related functions mustshallbe remitted to the Department 299 of Revenue for deposit into the Clerks of the Court Trust Fund. 300 Such collections do not include funding received for the 301 operation of the Title IV-D child support collections and 302 disbursement program. The clerk of the court shall remit the 303 revenues collected during the previous month due to the state on 304 or before the 10th day of each month. 305 (4)(a)(3)(a)Each year, no later than January 25, for the 306 previous county fiscal year, the clerks of court, in 307 consultation with the Florida Clerks of Court Operations 308 Corporation, shall remit to the Department of Revenue for 309 deposit in the Clerks of the Court Trust Fund the cumulative 310 excess of all fines, fees, service charges, and court costs 311 retained by the clerks of the court, plus any funds received by 312 the clerks of the court from the Clerks of the Court Trust Fund 313 under s. 28.36(4)s. 28.36(3), which exceed the amount needed to 314 meet their authorized budget amounts established under s. 28.35. 315 (b) No later than February 1, 2022, and each February 1 316 thereafter, the Department of Revenue shall transfer 50 percent 317 of the cumulative excess of the original revenue projection from 318 the Clerks of the Court Trust Fund to the General Revenue Fund. 319 The remaining 50 percent in the Clerks of the Court Trust Fund 320 may be used in the development of the total combined budgets of 321 the clerks of the court as provided in s. 28.35(2)(f)6. However, 322 a minimum of 10 percent of the clerk-retained portion of the 323 cumulative excess amount must be held in reserve until such 324 funds reach an amount equal to at least 16 percent of the total 325 budget authority from the current county fiscal year, as 326 provided in s. 28.36(3)(a) 3271. No later than February 1, 2020, the Department of328Revenue shall transfer from the Clerks of the Court Trust Fund329to the General Revenue Fund the sum of the cumulative excess of330all fines, fees, service charges, and costs submitted by the331clerks of court pursuant to subsection (2) and the cumulative332excess of all fines, fees, service charges, and costs remitted333by the clerks of court pursuant to paragraph (a) in excess of334$10 million. 3352. No later than February 1, 2021, the Department of336Revenue shall transfer from the Clerks of the Court Trust Fund337to the General Revenue Fund not less than 50 percent of the sum338of the cumulative excess of all fines, fees, service charges,339and costs submitted by the clerks of court pursuant to340subsection (2) and the cumulative excess of all fines, fees,341service charges, and costs remitted by the clerks of court342pursuant to paragraph (a); provided however, the balance343remaining in the Clerks of Courts Trust Fund after such transfer344may not be more than $20 million.3453. No later than February 1, 2022, the Department of346Revenue shall transfer from the Clerks of the Court Trust Fund347to the General Revenue Fund not less than 50 percent of the sum348of the cumulative excess of all fines, fees, service charges,349and costs submitted by the clerks of court pursuant to350subsection (2) and the cumulative excess of all fines, fees,351service charges, and costs remitted by the clerks of court352pursuant to paragraph (a); provided however, the balance353remaining in the Clerks of Courts Trust Fund after such transfer354may not be more than $20 million.3554. No later than February 1, 2023, and each February 1356thereafter, the Department of Revenue shall transfer from the357Clerks of the Court Trust Fund to the General Revenue Fund the358cumulative excess of all fines, fees, service charges, and costs359submitted by the clerks of court pursuant to subsection (2) and360the cumulative excess of all fines, fees, service charges, and361costs remitted by the clerks of court pursuant to paragraph (a).362 (5)(4)The Department of Revenue shall collect any funds 363 that the Florida Clerks of Court Operations Corporation 364 determines upon investigation were due but not remitted to the 365 Department of Revenue. The corporation shall notify the clerk of 366 the court and the Department of Revenue of the amount due to the 367 Department of Revenue. The clerk of the court shall remit the 368 amount due no later than the 10th day of the month following the 369 month in which notice is provided by the corporation to the 370 clerk of the court. 371 (6)(5)Ten percent of all court-related fines collected by 372 the clerk, except for penalties or fines distributed to counties 373 or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a), 374 mustshallbe deposited into the fine and forfeiture fund to be 375 used exclusively for clerk court-related functions, as provided 376 in s. 28.35(3)(a). 377 Section 5. Section 28.42, Florida Statutes, is amended to 378 read: 379 28.42 Manual of filing fees, charges, costs, and fines; 380 payment plan form.— 381 (1) The clerks of court, through their association and in 382 consultation with the Office of the State Courts Administrator, 383 shall prepare and disseminate a manual of filing fees, service 384 charges, costs, and fines imposed pursuant to state law, for 385 each type of action and offense, and classified as mandatory or 386 discretionary. The manual also shall classify the fee, charge, 387 cost, or fine as court-related revenue or noncourt-related 388 revenue. The clerks, through their association, shall 389 disseminate this manual to the chief judge, state attorney, 390 public defender, and court administrator in each circuit and to 391 the clerk of the court in each county. The clerks, through their 392 association and in consultation with the Office of the State 393 Courts Administrator, shall at a minimum update and disseminate 394 this manual on July 1 of each year. 395 (2) By October 1, 2021, the clerks of court, through the 396 Florida Clerks of Court Operations Corporation, shall develop a 397 uniform payment plan form for use by persons seeking to 398 establish a payment plan in accordance with s. 28.246(4). The 399 form must inform the person of the minimum payment due each 400 month, the term of the plan, acceptable payment methods, and the 401 circumstances under which a case may be sent to collections for 402 nonpayment. 403 (3) By January 1, 2022, each clerk of court shall use the 404 uniform payment plan form developed pursuant to subsection (2) 405 when establishing payment plans. 406 Section 6. Paragraph (a) of subsection (1) of section 407 318.15, Florida Statutes, is amended to read: 408 318.15 Failure to comply with civil penalty or to appear; 409 penalty.— 410 (1)(a) If a person fails to comply with the civil penalties 411 provided in s. 318.18 within the time period specified in s. 412 318.14(4), fails to enter into or comply with the terms of a 413 penalty payment plan with the clerk of the court in accordance 414 with ss. 318.14 and 28.246, fails to attend driver improvement 415 school, or fails to appear at a scheduled hearing, the clerk of 416 the court mustshallnotify the Department of Highway Safety and 417 Motor Vehicles of such failure within 10 days after such 418 failure. Upon receipt of such notice, the department mustshall419 immediately issue an order suspending the driver license and 420 privilege to drive of such person effective 20 days after the 421 date the order of suspension is mailed in accordance with s. 422 322.251(1), (2), and (6). The order also must inform the person 423 that he or she may contact the clerk of the court to establish a 424 payment plan pursuant to s. 28.246(4) to make partial payments 425 for court-related fines, fees, service charges, and court costs. 426 Any such suspension of the driving privilege which has not been 427 reinstated, including a similar suspension imposed outside of 428 this stateFlorida, mustshallremain on the records of the 429 department for a period of 7 years from the date imposed and 430 mustshallbe removed from the records after the expiration of 7 431 years from the date it is imposed. The department may not accept 432 the resubmission of such suspension. 433 Section 7. Section 318.20, Florida Statutes, is amended to 434 read: 435 318.20 Notification; duties of department.—The department 436 shall prepare a notification form to be appended to, or 437 incorporated as a part of, the Florida uniform traffic citation 438 issued in accordance with s. 316.650. The notification form must 439shallcontain language informing persons charged with 440 infractions to which this chapter applies of the procedures 441 available to them under this chapter. Such notification form 442 mustshallcontain a statement that, if the official determines 443 that no infraction has been committed, no costs or penalties may 444shallbe imposed and any costs or penalties thatwhichhave been 445 paid willshallbe returned. Additionally, the notification form 446 must include information on paying the civil penalty to the 447 clerk of the court and the ability to establish a payment plan 448 pursuant to s. 28.246(4). A uniform traffic citation that is 449 produced electronically must also include the information 450 required by this section. 451 Section 8. Subsections (1) and (3) and paragraph (a) of 452 subsection (5) of section 322.245, Florida Statutes, are amended 453 to read: 454 322.245 Suspension of license upon failure of person 455 charged with specified offense under chapter 316, chapter 320, 456 or this chapter to comply with directives ordered by traffic 457 court or upon failure to pay child support in non-IV-D cases as 458 provided in chapter 61 or failure to pay any financial 459 obligation in any other criminal case.— 460 (1) If a person charged with a violation of any of the 461 criminal offenses enumerated in s. 318.17 or with the commission 462 of any offense constituting a misdemeanor under chapter 320 or 463 this chapter fails to comply with all of the directives of the 464 court within the time allotted by the court, the clerk of the 465trafficcourt must provideshallmail tothe person, either 466 electronically or by mail sent toatthe address specified on 467 the uniform traffic citation, a notice of such failure, 468 notifying him or her that, if he or she does not comply with the 469 directives of the court within 30 days after the date of the 470 notice and pay a delinquency fee of up to $25 to the clerk, from 471 which the clerk shall remit $10 to the Department of Revenue for 472 deposit into the General Revenue Fund, his or her driver license 473 will be suspended. The notice mustshallbe sentmailedno later 474 than 5 days after such failure. The delinquency fee may be 475 retained by the office of the clerk to defray the operating 476 costs of the office. 477 (3) If the person fails to comply with the directives of 478 the court within the 30-day period, or, in non-IV-D cases, fails 479 to comply with the requirements of s. 61.13016 within the period 480 specified in that statute, the depository or the clerk of the 481 court mustshallelectronically notify the department of such 482 failure within 10 days. Upon electronic receipt of the notice, 483 the department shall immediately issue an order suspending the 484 person’s driver license and privilege to drive effective 20 days 485 after the date the order of suspension is mailed in accordance 486 with s. 322.251(1), (2), and (6). The order of suspension must 487 also contain information specifying that the person may contact 488 the clerk of the court to establish a payment plan pursuant to 489 s. 28.246(4) to make partial payments for fines, fees, service 490 charges, and court costs. 491 (5)(a) When the department receives notice from a clerk of 492 the court that a person licensed to operate a motor vehicle in 493 this state under the provisions of this chapter has failed to 494 pay financial obligations for any criminal offense other than 495 those specified in subsection (1), in full or in part under a 496 payment plan pursuant to s. 28.246(4), the department mustshall497 suspend the license of the person named in the notice. The 498 department shall mail an order of suspension in accordance with 499 s. 322.251(1), (2), and (6), which must also contain information 500 specifying that the person may contact the clerk of the court to 501 establish a payment plan pursuant to s. 28.246(4) to make 502 partial payments for fines, fees, service charges, and court 503 costs. 504 Section 9. Present subsection (3) of section 775.083, 505 Florida Statutes, is redesignated as subsection (4), and a new 506 subsection (3) is added to that section, to read: 507 775.083 Fines.— 508 (3) The clerk of the court of each county is the entity 509 responsible for collecting payment of fines, fees, service 510 charges, and court costs. Unless otherwise designated by the 511 court, a person who has been ordered to pay court obligations 512 under this section shall immediately contact the clerk to pay 513 fines, fees, service charges, and court costs in full, or to 514 apply for enrollment in a payment plan, pursuant to s. 515 28.246(4). 516 Section 10. Except as otherwise expressly provided in this 517 act, and except for this section, which shall take effect upon 518 this act becoming a law, this act shall take effect October 1, 519 2021.