HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 557 Payments to Clerks of the Circuit Courts
SPONSOR(S): Justice Appropriations Subcommittee, LaMarca and others
TIED BILLS: IDEN./SIM. BILLS: SB 356, SB 386
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice & Property Rights Subcommittee 16 Y, 0 N Brascomb Jones
2) Justice Appropriations Subcommittee 11 Y, 3 N, As CS Smith Keith
3) Judiciary Committee
SUMMARY ANALYSIS
Each of Florida’s 67 counties has a clerk of court, an elected constitutional officer who oversees judiciary
functions in the county and circuit courts. The clerks are authorized to charge fees for performing various
functions. Moreover, clerks collect court costs and fines related to a court disposition.
An indigent person may ask the clerk of court to allow him or her to enter into a payment plan for outstanding
financial obligations owed to the clerk. If a fee, service charge, fine, or court cost remains unpaid for 90 days,
and the clerk has attempted to collect the unpaid amount through an internal process, the clerk may forward
the unpaid accounts to an attorney or collection agent.
Under current law, a person's driver license can be suspended for various reasons, including:
Failure to a pay a court fee or fine.
Failure to comply with or appear at a traffic summons.
Having unpaid citations in another state.
CS/HB 557 requires clerks of court to establish uniform payment plans for court-related fees, service charges,
costs, and fines for persons who apply for a payment plan. When a person seeks to be enrolled in a payment
plan, the clerk must require the person to set up automatic withdrawals, if the person has such capability. If the
person is unable to comply with the payment plan terms, a court may modify the plan or convert the
outstanding amount to community service. The bill provides a 30-day grace period for certain payments prior to
the Department of Highway Safety and Motor Vehicles being notified to suspend a person's driver license.
The bill may have a negative fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0557c.JUA
DATE: 3/30/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Clerks of the Circuit Court
Each of the 67 Florida counties has a clerk of court, an elected constitutional officer who oversees
judiciary functions as the clerk of the county and circuit courts.1 The clerk may also serve as the ex-
officio clerk of the board of county commissioners, as well as the auditor, recorder, and custodian of
county funds.
The State Constitution requires the clerks of court to be funded from revenue generated from charges
for service, court costs, filing fees, and fines from civil and criminal proceedings.2 The revenue is used
for court-related functions as well as select costs, expenses, and salaries as provided by law.3 Court-
related functions include:
Case maintenance;
Records management;
Court preparation and attendance;
Collection and distribution of fines, fees, service charges, and court costs;
Processing for the assignment, reopening, reassignment, and appeal of cases;
Reasonable administrative support costs;
Data collection and reporting;
Determinations of indigent status; and
Collection and distribution of fines, fees, service charges, and court costs.4
The clerk of courts statewide operating budgets vary each year depending on the amount of revenues
generated. For fiscal year 2013-2014, clerks had an operating budget of $472.3 million for court-related
functions. The 2017-2018 budget was $409.04 million, the 2018-2019 budget was $424.8 million, the
2019-2020 budget was $446.8 million5, and the 2020-2021 budget is $410.0 million.6
Between October 1, 2018, and September 30, 2019, the clerks, statewide:
Assessed $1,219,011,873 in fines and fees; and
Collected $886,783,618, for a collection rate of 72.75 percent statewide.7
Revenue collected from fines and fees are not solely budgeted to the clerks of court. For example, the
Legislature has provided that a 5 percent surcharge for certain non-criminal traffic citations is deposited
into the Crimes Compensation Trust Fund.8 Additionally, that same trust fund collects $49 from every
$50 collected as a fine from every adjudication for a felony, misdemeanor, delinquent act, or criminal
traffic offense.9 During fiscal year 2019-2020, the Crime Compensation Trust Fund received nearly
$12.7 million of revenue generated from fines and fees collected by clerks of court.10
1 Art. V, s. 16, Fla. Const.
2 Art. V, s. 14, Fla. Const.
3 Id.
4 S. 28.35(3)(a), F.S.
5 Gary Blankenship, Court Clerks Get a Bit of the Budget Help they Need, Fla. Bar News (May 13, 2019), https://www.floridabar.org/the-
florida-bar-news/court-clerks-get-a-bit-of-the-budget-help-they-need/ (last visited Mar. 10, 2021); Florida Clerks of Court Operations
Corporation, CFY 2019-20 Annual Report (2021), https://flccoc.org/wp-content/uploads/2021/01/2019-20-Annual-Report-Final.pdf (last
visited Mar. 10, 2021).
6 Florida Clerks of Court Corporation, CFY2021 Approved Budget, https://flccoc.org/wp-content/uploads/2020/10/CFY2021-Approved-
Budget-092920.pdf (last accessed Mar 19, 2021).
7 Florida Court Clerks and Comptrollers, 2019 Annual Assessments and Collections Report, https://flccoc.org/wp-
content/uploads/2020/03/2019-Annual-Assessments-and-Collections-Report.pdf (last visited Mar. 16, 2021).
8 S. 938.04, F.S. The Crimes Compensation Trust Fund was created to compensate crime victims. S. 960.21, F.S.
9 S. 938.03, F.S.
10 Florida Clerks of Court Operations Corporation, Agency Analysis of 2021 SB 386 (Feb. 2021).
STORAGE NAME: h0557c.JUA PAGE: 2
DATE: 3/30/2021
If a fee, service charge, fine, or court cost remains unpaid for 90 days, and the clerk has attempted to
collect the unpaid amount through an internal process, the clerk may forward the unpaid accounts to an
attorney or collection agent.11 Some counties have unpaid fines and fees totaling hundreds of millions
of dollars from decades ago.12
Payment Plans
Court costs, fees, and other fines related to a court disposition are enforced by court order and
collected by the clerks of court. A person may apply to the clerk of court to enter into a payment plan if
that person is "indigent," which means he or she:
Has an income equal to or below 200 percent of the federal poverty guidelines;13 or
Is receiving:
o Temporary Assistance for Needy Families-Cash Assistance;
o Poverty-related veterans' benefits; or
o Supplemental Security Income.14
A monthly payment that does not exceed 2 percent of an indigent person's average monthly pay is
presumed to correspond to the indigent person's ability to pay.15
The Clerk is required to charge a fee of up to $5 per month for receipt or disbursement of all partial
payments, with the exception of restitution, that are not subject to the administrative processing service
charge pursuant to s. 28.246, F.S.16 A one-time administrative processing charge of an amount not
exceeding $25 is assessed for setting up a payment plan, in lieu of a per month charge.17 The collected
monthly and payment plan fees are retained by the Clerk. Additionally, county tax collectors are
required to charge a service fee of $6.25 when providing services in ch. 322, F.S.
Fines and Fees for Traffic Infractions and Criminal Offenses
Florida law imposes a schedule of fees for various noncriminal traffic offenses, including the following
monetary penalties:
For infractions of pedestrian regulations, $15.
For nonmoving traffic violations, $30.
For moving violations involving an unlawful speed not within a school zone, up to $250,
depending on the egregiousness of the violation.18
Some traffic infractions are classified as criminal traffic infractions, including:
Fleeing or attempting to elude a police officer.
Leaving the scene of a crash.
Driving under the influence.
Reckless driving.
Making a false crash report.19
11 S. 28.246(6), F.S.
12 Broward County has $735.6 million in outstanding fees and fines from felony, misdemeanor, and traffic dispositions. Similarly, Palm
Beach County has $277.5 million outstanding, and Miami-Dade County has $278 million from felony adjudications alone. Dan
Sweeney, South Florida felons owe a billion dollars in fines - and that will affect their ability to vote, South Florida Sun Sentinel (May 31,
2019, https://www.sun-sentinel.com/news/politics/fl-ne-felony-fines-broward-palm-beach-20190531-5hxf7mveyree5cjhk4xr7b73v4-
story.html (last visited Mar. 10, 2021).
13 Currently, the federal poverty level is $12,760 for individuals, with an additional $4,480 for each additional family member in the
individual's household. See U.S. Department of Health and Human Services, U.S. Federal Poverty Guidelines Used to Determine
Financial Eligibility for Certain Federal Programs, https://aspe.hhs.gov/2020-poverty-guidelines (last visited Mar. 10, 2021).
14 S. 27.52(1), F.S.
15 S. 28.246(4), F.S.
16 S. 28.24(26)(b), F.S.
17 S. 28.24(26)(c), F.S.
18 See s. 318.18, F.S.
19 See s. 318.17, F.S.
STORAGE NAME: h0557c.JUA PAGE: 3
DATE: 3/30/2021
Certain crimes in Florida have significant mandatory minimum fines. A person convicted of trafficking
cocaine, for example, must pay a fine of:
$50,000 if the amount trafficked is at least 28 grams; or
$250,000 if the amount trafficked is more than 400 grams.20
Depending on the person's income and ability to pay, such a fine or fee may take years or even
decades to pay. For example, one Miami-Dade County resident who was convicted of grand theft
agreed to a payment plan for $190,000. She pays $100 per month and is scheduled to complete her
payment plan in 190 years.21
Driver's License Suspension in Florida
A license can be suspended for various reasons, including:
Failure to a pay a fine.
Failure to comply with or appear at a traffic summons.
Unpaid citations reported by another state.22
Under certain conditions, if a person fails to enter into a payment plan with a clerk of court for unpaid
obligations, the clerk of court may notify the Department of Highway Safety and Motor Vehicles, which
may in turn suspend the person's driver license.23 Nearly 2 million of the more than 14 million driver
licenses issued in Florida are suspended for unpaid fines.24
Effect of Proposed Changes
CS/HB 557 requires clerks of courts to establish uniform payment plans for court-related fees, service
charges, costs, and fines for individuals who apply for a payment plan. These payment plans must be
available electronically, by mail, or in person. The clerk must enroll an individual seeking deferment of
payment into a monthly payment plan within 30 calendar days of the court's entering the order. If the
individual is incarcerated, he or she must apply to the clerk for enrollment in a payment plan within 30
calendar days after release. The clerk may not refer a case to collection or send notice to the
department to suspend an individual’s driver license for nonpayment or failure to comply with the terms
of a payment plan if the individual is still incarcerated.
If the individual is determined by the court to be indigent, a monthly payment amount must be
calculated based upon all current and anticipated fines, fees, costs and service charges owed within
the county and must correspond to his or her ability to pay if it is not more than 2 percent of the
person's average monthly income or $10, whichever is greater. If the person is unable to comply with
the payment plan terms, the court may modify the payment plan or convert the outstanding amount to
community service. The bill removes the provision in s. 28.24(26)(b), F.S., that allows for a $5 fee per
month for partial payments. The clerk may charge a one-time administrative processing charge not to
exceed $25 to implement a payment plan. The fee may be paid in up to five equal monthly payments.
The clerk may waive the fee for any person who enrolls in an automatic electronic debit payment plan.
The clerk may notify a person of upcoming or past due payments. If a person who is not incarcerated
fails to comply with specified civil penalties, fails to enter into or comply with the terms of a penalty
payment plan, fails to attend driver improvement school, or fails to attend a scheduled hearing, the
clerk may notify DHSMV within 30 days to suspend the person’s license, not within 10 days as current
law requires.
20 S. 893.135(1)(b)1., F.S.
21 Lawrence Mower, Should a felon who owes $59 million be allowed to vote? How about $190,000?, Miami Herald (Mar. 29, 2019),
https://www.miamiherald.com/news/politics-government/state-politics/article228399999.html (last visited Mar. 10, 2021).
22 Florida Department of Highway Safety and Motor Vehicles, Traffic Citations or Court Suspensions, https://www.flhsmv.gov/driver-
licenses-id-cards/driver-license-suspensions-revocations/traffic-citations-court-suspensions/ (last visited Mar. 10, 2021).
23 See, e.g., ss. 318.15 and 322.245, F.S.
24 Monivette Cordeiro, Nearly 2 Million Florida Drivers Have License Suspended for Unpaid Fines, Study Finds, Orlando Sentinel (Dec.
19, 2019), http://www.orlandosentinel.com/news/crime/os-ne-drivers-license-suspensions-report-20191219-xazyr2cdkff7xfljjvgkcz6tum-
story.html (last visited Mar. 10, 2021).
STORAGE NAME: h0557c.JUA PAGE: 4
DATE: 3/30/2021
The bill also requires a court and a clerk to develop a process for referring persons owing fines and
fees to the clerk soon after the disposition of a case. If the person has a deposit or credit card account,
or other means of setting up automatic withdrawals, the clerk must enroll the person on an automatic
withdrawal plan.
The bill requires the clerks of courts, by October 1, 2021, to develop a uniform payment plan form,
which must inform the user of:
The minimum payment due each month;
The term of the payment plan;
Acceptable payment methods; and
The circumstances under which a case may be referred to collections for nonpayment.
The bill requires a uniform traffic citation to include a notice informing the person to whom it is given
that the person may contact the clerk to establish a payment plan. The bill does not require that the
person must agree to a payment plan to be eligible for reinstatement.
The bill provides an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1: Amends s. 27.52, F.S., relating to determination of indigent status.
Section 2: Amends s. 28.24, F.S., relating to service charges.
Section 3: Amends s. 28.246, F.S., relating to payment of court-related fines or other monetary
penalties, fees, charges, and costs; distribution of funds.
Section 4: Amends s. 28.42, F.S., relating to manual of filing fees, charges, costs, and fines.
Section 5: Amends s. 57.082, F.S., relating to determination of civil indigent status.
Section 6: Amends s. 318.15, F.S., relating to failure to comply with civil penalty or to appear; penalty.
Section 7: Amends s. 318.20, F.S., relating to notification; duties of department.
Section 8: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Conference estimated the bill would reduce state revenues by an
indeterminate amount.
The bill standardizes language associated with court related payment plans, and allows the court to
waive or modify financial obligations. Due to a lack of data regarding the status of court related
payment plans, outstanding balances to be waived and discretion of the courts to waive or modify
amounts, the impact to fee related revenues is negative indeterminate.25
The Clerk of Court charges a $60 fee to apply for license reinstatement. Of that $60 fee, $22.50 is
remitted to the Department of Revenue to be deposited into the Highway Safety Trust Fund. An
additional $25 fee is charged to applicants with delinquent fees, of which $10 is remitted to the
Department of Revenue for deposit into the General Revenue Fund. A reduction in the number of
license reinstatement applications would result in the loss of $32.50 of revenue per applicatio