Senate Bill sb0512e1

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    CS for CS for SB 512                           First Engrossed



  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 for conditional repeal; providing

17         limitations on rights; providing limitations on

18         the use of state funds; providing an effective

19         date.

20  

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

22  

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

24  "Florida Access to Civil Legal Assistance Act."

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

26  the Legislature to establish an administrative framework

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

28  manner to enhance the availability of civil legal assistance

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

30  of adequate and equitable legal services available to the

31  indigent population, particularly the children and elderly of


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    CS for CS for SB 512                           First Engrossed



  1  this state, unnecessarily burdens existing social and human

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

  3  the availability of civil legal assistance to the poor and

  4  improve access to justice by establishing a streamlined method

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

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

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

  8  Affairs.

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

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

11  poverty guidelines prescribed for the size of the household of

12  the person seeking assistance by the United States Department

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

14  receipt of, or eligible to receive, Veterans Administration

15  pension benefits or supplemental security income.

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

17  legal services consistent with the rules regulating The

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

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

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

21  provides as its primary purpose civil legal services without

22  charge to eligible clients.

23         Section 4.  Authority and duties of the

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

25  appropriate to carry out the purposes and provisions of this

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

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

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

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

30  consistent with the provisions of this act.

31  


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    CS for CS for SB 512                           First Engrossed



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

  2  allocated pursuant to this act shall be used to:

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

  4  legislation before any municipal, county, or state legislative

  5  or administrative body.

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

  7  any criminal proceeding or any federal or state post

  8  conviction proceeding. For purposes of this subsection,

  9  "criminal proceeding" means an adversary judicial process

10  prosecuted by a public officer and initiated by formal

11  complaint, information, or indictment charging a person with

12  an offense classified or denominated as criminal by applicable

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

14  criminal fine.

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

16  subdivisions.

17         (4)  Sue any college or university.

18         (5)  Initiate or participate in a class action suit.

19         (6)  Provide legal assistance or advice with respect to

20  any noncriminal infraction or any enforcement proceeding

21  instituted by the state or its agencies or political

22  subdivisions pursuant to chapter 316, chapter 318, chapter

23  320, or chapter 322, Florida Statutes.

24         (7)  Contest any regulatory decision by any municipal,

25  county, or state administrative or legislative body.

26         (8)  File or assist in the filing of private causes of

27  action under federal or state statutes enforced by federal or

28  state agencies relating to or arising out of employment or the

29  terms or conditions of employment.

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

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


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    CS for CS for SB 512                           First Engrossed



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

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

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

  4  civil legal assistance to the poor for the administration,

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

  6  manner consistent with the provisions of this act. Such

  7  contract shall provide that distribution of at least 80

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

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

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

11  federal poverty guidelines of the United States Department of

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

13  source of data identifying the number of persons per county

14  shall be the latest available figures of persons per county

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

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

17  of such funds shall be distributed annually to statewide and

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

19  5 percent of such funds shall be provided for administrative

20  costs.

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

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

23  rights of eligible clients relating to family law, juvenile

24  law, entitlements to federal government benefits, protection

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

26  by providing legal assistance and education regarding legal

27  rights and duties under the law.

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

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

30  funds received or allocated pursuant to this act are expended

31  


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    CS for CS for SB 512                           First Engrossed



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

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

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

  4  this act are eligible for state support, including, but not

  5  limited to, access to the SUNCOM Network services. Accounts

  6  for SUNCOM services furnished to program-eligible entities

  7  shall be billed directly to the department, as program

  8  administrator, and paid with the funding provided.

  9         Section 10.  Conditional repeal.--If any of the

10  limitations on the use of funds received or allocated under

11  this act is found to violate the Constitution of the United

12  States or the State Constitution or is otherwise found

13  unenforceable:

14         (1)  The entire act shall be null and void.

15         (2)  All appropriations made for the purposes of this

16  act and which are not expended are repealed.

17         (3)  All unspent funds received by any entity pursuant

18  to this act or the act appropriating funds for the purpose of

19  this act shall be returned to the department for transfer to

20  the State Treasury to the credit of the fund from which they

21  were appropriated.

22         (4)  No further funds appropriated for the purposes of

23  this act shall be distributed or expended.

24         Section 11.  Limitation of rights.--This act does not

25  create a statutory right to counsel in any proceeding. This

26  act does not create any statutory right accruing to any

27  attorney.

28         Section 12.  All appropriations made for the purposes

29  of this act shall only be used for legal education or

30  assistance in family law, juvenile law, entitlement to federal

31  benefits, protection from domestic violence, elder abuse,


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    CS for CS for SB 512                           First Engrossed



  1  child abuse, or immigration law. These funds may not be used

  2  in criminal or postconviction relief matters; for lobbying

  3  activities; to sue the state, its agencies, political

  4  subdivisions, or colleges or universities; for class action

  5  suits; to provide legal assistance with respect to noncriminal

  6  infractions pursuant to chapter 316, chapter 318, chapter 320,

  7  or chapter 322; to contest regulatory decisions of any

  8  municipal, county, or state administrative or legislative

  9  body; or to file or assist in the filing of private causes of

10  action under federal or state statutes relating to or arising

11  out of employment or terms or conditions of employment. The

12  contracting organization shall require pilot projects to

13  provide data on the number of clients served, the types of

14  cases, the reasons the cases were closed, the state dollars

15  saved, and federal dollars brought into the state because of

16  the legal services provided. The contracting organization

17  shall provide to the Department of Community Affairs, within

18  60 days after the completion of the contract, a report on the

19  legal services provided, the state dollars saved, and the

20  federal dollars brought into the state.

21         Section 13.  This act shall take effect upon becoming a

22  law.

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