The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.246

28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds.—

(1) The clerk of the circuit court shall report the following information to the Legislature and the Florida Clerks of Court Operations Corporation on a form, and using guidelines developed by the clerks of court, through their association and in consultation with the Office of the State Courts Administrator:

(a) The total amount of mandatory fees, service charges, and costs assessed; the total amount underassessed, if any, which is the amount less than the minimum amount required by law to be assessed; and the total amount collected.

(b) The total amount of discretionary fees, service charges, and costs assessed and the total amount collected.

(c) The total amount of mandatory fines and other monetary penalties assessed; the total amount underassessed, if any, which is the amount less than the minimum amount required by law to be assessed; and the total amount collected.

(d) The total amount of discretionary fines and other monetary penalties assessed and the total amount collected.

The clerk, in reporting to the Legislature and corporation, shall separately identify the monetary amount assessed and subsequently discharged or converted to community service, to a judgment or lien, or to time served. The form developed by the clerks shall include separate entries for recording the amount discharged and the amount converted. If a court waives, suspends, or reduces an assessment as authorized by law, the portion waived, suspended, or reduced may not be deemed assessed or underassessed for purposes of the reporting requirements of this section. The clerk also shall report a collection rate for mandatory and discretionary assessments. In calculating the rate, the clerk shall deduct amounts discharged or converted from the amount assessed. The clerk shall submit the report on an annual basis 90 days after the end of the county fiscal year. The clerks and the courts shall develop by October 1, 2012, the form and guidelines to govern the accurate and consistent reporting statewide of assessments as provided in this section. The clerk shall use the new reporting form and guidelines in submitting the report for the county fiscal year ending September 30, 2013, and for each year thereafter.

(2) The clerk of the circuit court shall establish and maintain a system of accounts receivable for court-related fees, charges, and costs.

(3) Court costs, fines, and other dispositional assessments shall be enforced by order of the courts, collected by the clerks of the circuit and county courts, and disbursed in accordance with authorizations and procedures as established by general law.

(4)(a) Each clerk of the circuit court shall accept partial payments for each case type for court-related fees, service charges, court costs, and fines in accordance with the terms of an established payment plan developed by the clerk.

(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 responsibility 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, and fines in full, or to apply for enrollment in a payment plan.

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 if the amount does not exceed the greater of:

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.

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. 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.

(5) When receiving partial payment of fees, service charges, court costs, and fines, clerks shall distribute funds according to the following order of priority:

(a) That portion of fees, service charges, court costs, and fines to be remitted to the state for deposit into the General Revenue Fund.

(b) That portion of fees, service charges, court costs, and fines required to be retained by the clerk of the court or deposited into the Clerks of the Court Trust Fund within the Department of Revenue.

(c) That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.

(d) That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.

To offset processing costs, clerks may impose either a per-month service charge pursuant to s. 28.24(27)(b) or a one-time administrative processing service charge at the inception of the payment plan pursuant to s. 28.24(27)(c).

(6) A clerk of court shall pursue the collection of any fees, service charges, fines, court costs, and liens for the payment of attorney fees and costs pursuant to s. 938.29 which remain unpaid after 90 days by referring the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the clerk of the court must have attempted to collect the unpaid amount through a collection court, collections docket, or other collections process, if any, established by the court, find this to be cost-effective and follow any applicable procurement practices. The collection fee, including any reasonable attorney’s fee, paid to any attorney or collection agent retained by the clerk may be added to the balance owed in an amount not to exceed 40 percent of the amount owed at the time the account is referred to the attorney or agent for collection. The clerk shall give the private attorney or collection agent the application for the appointment of court-appointed counsel regardless of whether the court file is otherwise confidential from disclosure.

History.—s. 34, ch. 2003-402; s. 21, ch. 2004-265; s. 1, ch. 2005-2; s. 9, ch. 2005-236; s. 2, ch. 2009-204; s. 13, ch. 2010-162; s. 2, ch. 2012-124; s. 5, ch. 2013-44; ss. 4, 16, ch. 2021-116; s. 1, ch. 2022-201.

F.S. 28.246 on Google Scholar

F.S. 28.246 on Casetext

Amendments to 28.246

Arrestable Offenses / Crimes under Fla. Stat. 28.246

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.246.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLANAGAN, v. STATE, 267 So. 3d 1076 (Fla. App. Ct. 2019)

. . . Appellant challenges the conclusion of the trial court that a payment plan established under section 28.246 . . . On the authority of section 28.246(4), the clerk of the court for Escambia County enrolled Appellant . . . As permitted by section 28.246, Appellant challenged the reasonableness of her payment plan contending . . . Section 28.246(4) provides that an individual may seek a payment plan from the clerk of court for payment . . . The presumption established in section 28.246(4) regarding a person's ability to pay does not limit what . . .

ZOBA, v. CITY OF CORAL SPRINGS,, 189 So. 3d 888 (Fla. Dist. Ct. App. 2016)

. . . That is directed by statute, not judicial discretion. , See §§ 28.246(3); 318.21, Fla. . . . In fact, pursuant to section 28.246(3), as quoted by the majority, such funds are disbursed “in accordance . . . with authorizations and procedures as established by general law,” not judicial authority. § .28.246 . . . Enter into a payment plan in accordance with s. 28.246 -with the clerk of the court to pay the civil . . . Section 28.246(3), Florida Statutes, provides that “[c]ourt costs, fines, and other dispositional assessments . . . counts, and disbursed in accordance with authorizations and procedures as established by general law.” § 28.246 . . .

JACHIMSKI, v. STATE, 162 So. 3d 302 (Fla. Dist. Ct. App. 2015)

. . . Jachimski’s motion were sections 34.041(5), 28.241(2), and 28.246(4), Florida Statutes (2013). . . . Section 28.246(4) states, "The clerk shall enter into a payment plan with an individual who the court . . .

S. WHITED, v. FLORIDA COMMISSION ON OFFENDER REVIEW,, 153 So. 3d 324 (Fla. Dist. Ct. App. 2014)

. . . Section 28.246(4), Florida Statutes, requires the Clerk of Court to enter into “a payment plan with an . . . Analysis Whited argues that section 28.246(4), Florida Statutes, has no bearing on this case, and the . . . Statutes, states that indigent persons shall be entered into a payment plan as provided in section 28.246 . . . However, the circuit court erred in concluding that the payment plan required by section 28.246 “might . . . McDonough, 927 So.2d 216, 217 (Fla. 1st DCA 2006), this court explained that sections 57.081 and 28.246 . . .

LEDGER, v. CITY OF ST. PETERSBURG, v. St. v. St., 135 So. 3d 496 (Fla. Dist. Ct. App. 2014)

. . . appellate proceedings from the lower court to the circuit court, sections 34.041(5), 28.241(2), and 28.246 . . . determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s. 28.246 . . .

STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246 . . .

ELLIS v. HUNTER,, 3 So. 3d 373 (Fla. Dist. Ct. App. 2009)

. . . immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246 . . .

HITCHCOCK, v. HITCHCOCK,, 967 So. 2d 422 (Fla. Dist. Ct. App. 2007)

. . . proposed payment plan established by the Clerk of Circuit Court pursuant to Sections 57.082(5) and 28.246 . . .

M. STOKES, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 948 So. 2d 75 (Fla. Dist. Ct. App. 2007)

. . . , we rejected the argument made to us by the State that recent amendments to sections 57.082(5) and 28.246 . . .

TERRY, v. R. McDONOUGH,, 935 So. 2d 81 (Fla. Dist. Ct. App. 2006)

. . . The Department of Corrections argues that, due to recent changes to sections 28.246(4) and 57.082(5), . . .

WAGNER, v. R. McDONOUGH,, 927 So. 2d 216 (Fla. Dist. Ct. App. 2006)

. . . Appellee opposes the motion and relies upon certain recent amendments to sections 57.082(5) and 28.246 . . .

In R. BEAUCHESNE,, 209 B.R. 266 (Bankr. D.N.H. 1997)

. . . June 1996 27.596 35,528 28.157 28,256 July 1996 27.596 28,973 28.157 24,897 Aug. 1996 27.596 31,234 28.246 . . . Sep. 1996 27.596 31,489 28.157 27,282 Oct. 1996 27.596 32,606 26.157 27,657 Nov. 1996 27.596 28,836 28.246 . . .