Senate Bill sb0512c1

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    Florida Senate - 2002                            CS for SB 512

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Saunders




    316-1216-02

  1                      A bill to be entitled

  2         An act relating to civil legal assistance;

  3         creating the Florida Access to Civil Legal

  4         Assistance Act; providing legislative intent

  5         and purpose; providing definitions; specifying

  6         powers of the Department of Community Affairs

  7         for certain purposes; limiting use of certain

  8         funds for certain purposes; requiring the

  9         department to contract for delivery of civil

10         legal assistance to certain persons through

11         not-for-profit legal aid organizations;

12         providing contract requirements; specifying

13         application; requiring the department to ensure

14         accountability; requiring an annual audit;

15         providing for eligibility for state support;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Short title.--This act may be cited as the

21  "Florida Access to Civil Legal Assistance Act."

22         Section 2.  Legislative intent.--It is the intent of

23  the Legislature to establish an administrative framework

24  whereby public funds may be used in an effective and efficient

25  manner to enhance the availability of civil legal assistance

26  to the poor in this state. The Legislature finds that the lack

27  of adequate and equitable legal services available to the

28  indigent population, particularly the children and elderly of

29  this state, unnecessarily burdens existing social and human

30  services programs. It is the purpose of this act to promote

31  the availability of civil legal assistance to the poor and

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    Florida Senate - 2002                            CS for SB 512
    316-1216-02




  1  improve access to justice by establishing a streamlined method

  2  to utilize available state funds in furtherance of this goal.

  3         Section 3.  Definitions.--For purposes of this act:

  4         (1)  "Department" means the Department of Community

  5  Affairs.

  6         (2)  "Eligible client" means a person whose income is

  7  equal to or below 150 percent of the then-current federal

  8  poverty guidelines prescribed for the size of the household of

  9  the person seeking assistance by the United States Department

10  of Health and Human Services, disabled veterans who are in

11  receipt of or eligible to receive pension benefits from the

12  Veterans Administration, or persons in receipt of supplemental

13  security income.

14         (3)  "Legal assistance" means the provision of civil

15  legal services consistent with the rules regulating The

16  Florida Bar, subject to the limitations in section 5.

17         (4)  "Not-for-profit legal aid organization" means a

18  not-for-profit organization operated in this state that

19  provides as its primary purpose civil legal services without

20  charge to eligible clients.

21         Section 4.  Authority and duties of the

22  department.--The department shall have the powers necessary or

23  appropriate to carry out the purposes and provisions of this

24  act, including, but not limited to, the power to contract with

25  a statewide not-for-profit organization that provides funding

26  for civil legal assistance to the poor in this state to

27  allocate funds to not-for-profit legal aid organizations

28  consistent with the provisions of this act.

29         Section 5.  Limitations.--No funds received or

30  allocated pursuant to this act shall be used to:

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    Florida Senate - 2002                            CS for SB 512
    316-1216-02




  1         (1)  Lobby or influence the passage or defeat of any

  2  legislation before any municipal, county, or state legislative

  3  or administrative body.

  4         (2)  Provide legal assistance or advice with respect to

  5  any criminal proceeding or any federal or state post

  6  conviction proceeding. For purposes of this subsection,

  7  "criminal proceeding" means an adversary judicial process

  8  prosecuted by a public officer and initiated by formal

  9  complaint, information, or indictment charging a person with

10  an offense classified or denominated as criminal by applicable

11  law and punishable by death, imprisonment, jail sentence, or

12  criminal fine.

13         (3)  Sue the state or any of its agencies or political

14  subdivisions.

15         (4)  Initiate or participate in a class action suit.

16         (5)  Sue any college or university.

17         Section 6.  Funding.--In connection with funds received

18  pursuant to this act, the department shall contract with a

19  not-for-profit, charitable organization that meets the

20  qualifications of s. 501(c)(3) of the United States Internal

21  Revenue Code, as amended, that provides funding statewide for

22  civil legal assistance to the poor for the administration,

23  allocation, and distribution of any or all such funds in a

24  manner consistent with the provisions of this act. Such

25  contract shall provide that distribution of at least 80

26  percent of such funds shall be based annually by county on a

27  per capita basis upon the number of persons in the county

28  whose income is 125 percent or less of the then-current

29  federal poverty guidelines of the United States Department of

30  Health and Human Services.  For purposes of this section, the

31  source of data identifying the number of persons per county

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    Florida Senate - 2002                            CS for SB 512
    316-1216-02




  1  shall be the latest available figures of persons per county

  2  from the Bureau of the Census of the United States Department

  3  of Commerce. Such contract shall provide that up to 15 percent

  4  of such funds shall be distributed annually to statewide and

  5  regional not-for-profit legal aid organizations and that up to

  6  5 percent of such funds shall be provided for administrative

  7  costs.

  8         Section 7.  Eligible activities.--Funds received or

  9  allocated pursuant to this act may be used to secure the legal

10  rights of eligible clients relating to family law, juvenile

11  law, entitlements to federal government benefits, protection

12  from domestic violence, elder and child abuse, and immigration

13  by providing legal assistance and education regarding legal

14  rights and duties under the law.

15         Section 8.  Accountability.--In any contract allocating

16  funds pursuant to this act, the department shall ensure that

17  funds received or allocated pursuant to this act are expended

18  in a manner consistent with the terms and intent of this act

19  and shall provide for an annual audit of such expenditures.

20         Section 9.  State support.--Programs funded pursuant to

21  this act shall be eligible for state support, including, but

22  not limited to, access to the SUNCOM Network services.

23         Section 10.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2002                            CS for SB 512
    316-1216-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 512

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  4  The CS differs from the bill as filed as follows:

  5  -     the definition of "eligible client" is clarified to
          include disabled veterans receiving disability benefits
  6        from the VA; and

  7  -     specifies that funds provided under this act may not be
          used to for any federal or state post-conviction
  8        proceedings; to sue political subdivisions of the state;
          or to sue any colleges or universities.
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