The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: CS/SB 386
INTRODUCER: Judiciary Committee and Senator Wright
SUBJECT: Payments to Clerks of the Circuit Courts
DATE: March 30, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Fav/CS
2. ACJ
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 386 authorizes a trial court, when determining the reasonableness of a payment plan, to
waive or modify the amount due, or convert part or all of the amount due to community service,
upon a finding that the person is indigent or a finding of compelling circumstances.
The bill also provides that a certain portion of traffic fines that the state currently gives to
municipalities will be directed instead to the fine and forfeiture fund of the county where the
offense occurred, benefiting the clerks of court.
The fiscal impact of the portion allowing a court to modify or waive monies due is
indeterminate. The redirection of fines revenue will shift approximately $9.4 million annually
from municipalities to clerks of court.
The bill is effective July 1, 2021.
II. Present Situation:
Clerks of the Court
The clerk of the circuit court is a constitutional officer. Each of Florida’s 67 counties are
required to elect a clerk of the circuit court1 to serve as both the clerk of court, completing
1
FLA. CONST. art. V, s. 16; FLA. CONST. art. VIII, s. 1.
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judiciary functions, and as the “ex officio[2] clerk of the board of county commissioners, auditor,
recorder, and custodian of all county funds.”3 The traditional role of the clerk in collecting fines
and fees owed to the county has been expanded to collecting the numerous state fines, fees, and
charges that are related to the court system.
Payment Plans with a Clerk of the Court
Persons who pay money to the clerk of court for an outstanding fine, penalty, fee, service charge,
or court cost are expected to pay in full. Many individuals, however, cannot afford to pay.
Section 28.246(4), F.S., authorizes a clerk to accept partial payments and to enter into payment
plans with individuals who owe court-related fines or other monetary penalties, fees, charges and
costs. Section 57.082(6), F.S., similarly authorizes a clerk to enter into a payment plan with a
party who qualifies for civil indigent status and who owes reimbursement to the clerk. Both
statutes require that a payment plan limit payments to those within the individual’s ability to pay.
Under either statute, monthly payments of no more than 2 percent of the individual’s net pay is
presumed to be within an individual’s ability to pay.4 The 2 percent limitation is calculated on a
per-case basis. The clerk may elect whether to charge a $5 processing fee for every partial
payment or a one-time $25 fee for setting up a payment plan.5
Current law is silent on which forms of payment a clerk must accept. Section 215.322, F.S.,
allows, but does not require, state and local governments to accept electronic payments. A clerk
of court is allowed to surcharge the person who uses a credit card, charge card, bank debit card,
or electronic funds transfer in payment of fines, civil penalties, court-ordered payments, or court
costs, or other statutorily prescribed revenues an amount sufficient to pay the service fee charges
by the financial institution or credit card company for such services.
The court may review the reasonableness of any payment plan.
Court-Related Fines, Penalties, Costs, and Fees Owed
As to any civil penalty for a noncriminal traffic infraction, the court may allow the driver to
satisfy the civil penalty by participating in community service until the civil penalty is paid. To
qualify, the driver must show “demonstrable financial hardship.”6
As to any financial obligation owed in any criminal case, the trial court may convert the statutory
financial obligation into community service upon a finding that the offender has an “inability to
2
See BLACK’S LAW DICTIONARY (10th ed. 2014) (“ex officio” means “By virtue or because of an office; by virtue of the
authority implied by office.”).
3
FLA. CONST. art. V, s. 16. This provision also provides that two officials may split the position, one serving as clerk of court
and one serving in the ex officio position. Additionally, this provision permits the election of a county clerk of court when
authorized by general or special law. Id.
4
An unmarried individual earning the 2021 Florida minimum wage at full-time employment and subtracting the standard
federal payroll deduction would pay no more than $26.80 a month on a clerk’s payment plan.
5
Section 28.24(26), F.S.
6
Section 318.18(8)(b)1.a., F.S.
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pay” the obligation.7 The criminal court may convert any financial obligation to a civil
judgment.8
Distribution of Traffic Fines
Monies collected from traffic fines are distributed among numerous state and local funds. The
distribution of 56.4 percent of such fines collected is based on the location where the infraction
occurred. If the infraction occurs in a municipality, the state gives 50.8 percent of the fine to the
municipality, and gives the other 5.6 percent to the fine and forfeiture fund of the county. If the
infraction occurs in the unincorporated area of the county, the state gives the entire 56.4 percent
collected to the fine and forfeiture fund of the county.9 A fine and forfeiture fund is established
in each county with the clerk of the court,10 and is currently used to, in part, fund the clerks of
court in performing court-related functions.
The current distributions between municipalities, counties, and clerks of court has been in place
since 2004.11 Prior to 2003, the state gave both counties and municipalities 56.4 percent of traffic
fines for offenses committed within their respective jurisdictions.12
III. Effect of Proposed Changes:
Payment Plans with a Clerk of the Court
The bill amends s. 28.246(4), F.S., to create a $10 minimum payment on a payment plan with a
clerk of court.13
In determining the reasonableness of a payment plan, the bill gives the trial court the power, on
its own motion or by petition, to 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
terms “indigent” and “compelling circumstances” are not defined and thus left to the discretion
of the trial court.
Distribution of Traffic Fines
The bill matches the state grant of the distribution of monies collected from traffic fines that
occur within a municipality with the current distribution regarding an offense in the
unincorporated areas of a county. Accordingly, whether a traffic offense occurs in a municipality
or in the unincorporated part of the county, the bill provides that the state gives the same
56.4 percent of the fine collected to the fine and forfeiture fund of the county.
The bill is effective July 1, 2021.
7
Section 938.30(2), F.S.
8
Section 938.30(6), F.S.
9
Section 318.21(2)(g), F.S.
10
Section 142.01, F.S.
11
Chapter 2004-265, s. 61, Laws of Fla.
12
Chapter 2003-402, s. 100, Laws of Fla.
13
The $10 minimum payment would only impact a person earning less than $500 a month net.
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IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not require counties or municipalities to spend funds or limit their authority
to raise revenue or receive state-shared tax revenues as specified in article VII, section 18
of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
On March 19, 2021, the Revenue Estimating Impact Conference evaluated CS/SB 386
and said this about the portion of the bill regarding waiver and modification of
outstanding fines, fees, costs and other court-ordered charges:
The language which allows the court to waive or modify the remaining
financial obligations would likely have a negative impact on the collection
of outstanding balances; however, uncertainty with the amount of
outstanding balances to be waived and discretion of the courts to waive or
modify amounts inhibits the ability to assign a specific number on this
impact.14
14
Office of Economic and Demographic Research, Revenue Estimating Impact Conference, page 197.
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The portion of the bill altering the distribution of traffic fines is estimated to reduce fines
revenue transferred to the state’s 411 municipalities by a total of approximately
$9.4 million annually, with a corresponding increase in revenues to the 67 clerks of
court.15
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 28.246 and 318.21.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Judiciary on March 29, 2021:
The committee substitute removed from the bill changes to payment plans other than the
provision allowing a court, when reviewing the reasonableness of a payment plan, to
convert some or all of the obligation to community service, or modify or waive the
balance. The committee substitute also removed from the bill provisions that would limit
driver license suspension for a criminal offense that was not driving-related and would
allow reinstatement of those currently suspended for non-driving-related offenses. The
committee substitute added a provision redirecting traffic fines for offenses committed
within a municipality.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
15
E-mail correspondence from the Florida Clerk of Courts Operations Corporation, March 29, 2021 (on file with the Senate
Judiciary Committee).


Statutes affected:
S 386 Filed: 27.52, 28.24, 28.42, 57.082, 318.15, 318.20, 322.245
S 386 c1: 28.246, 318.21