Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1302
       
       
       
       
       
       
                                Ì601620gÎ601620                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2023           .                                
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       The Committee on Judiciary (Torres) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  28.35, Florida Statutes, is amended to read:
    7         28.35 Florida Clerks of Court Operations Corporation.—
    8         (3)(a) The list of court-related functions that clerks may
    9  fund from filing fees, service charges, court costs, and fines
   10  is limited to those functions expressly authorized by law or
   11  court rule. Those functions include the following: case
   12  maintenance; records management; court preparation and
   13  attendance; translation services; processing the assignment,
   14  reopening, and reassignment of cases; processing of appeals;
   15  collection and distribution of fines, fees, service charges, and
   16  court costs; processing of bond forfeiture payments; data
   17  collection and reporting; determinations of indigent status; and
   18  paying reasonable administrative support costs to enable the
   19  clerk of the court to carry out these court-related functions.
   20         Section 2. Section 28.215, Florida Statutes, is amended to
   21  read:
   22         28.215 Pro se assistance.—The clerk of the circuit court
   23  shall provide ministerial assistance to pro se litigants.
   24         (1) Assistance may shall not include the provision of legal
   25  advice.
   26         (2) Assistance may include translation services to pro se
   27  litigants under s. 28.217.
   28         Section 3. Section 28.217, Florida Statutes, is created to
   29  read:
   30         28.217 Translation services.—
   31         (1) The clerk of the circuit court may contract with a
   32  third-party translation service provider for translation
   33  services for civil cases. The provision of such services is
   34  ministerial and constitutes a court-related function under s.
   35  28.35(3)(a), and such services are an allowable expenditure by
   36  the clerk of the circuit court under s. 28.36.
   37         (2) Translation services may be made available to any party
   38  requesting such services, regardless of whether the party is
   39  represented by counsel. The clerk of the circuit court shall
   40  provide ministerial assistance only in making such services
   41  available, and such assistance may not include the provision of
   42  legal advice.
   43         (3) Nothing in this section may be construed to prohibit a
   44  party from providing for his or her own translation service or
   45  third-party translation service provider.
   46         (4) The provision of translation services under this
   47  section is an optional court-related function, and nothing in
   48  this section requires the clerk of the circuit court to provide
   49  such services.
   50         Section 4. This act shall take effect October 1, 2023.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to translation services; amending ss.
   58         28.35 and 28.215, F.S.; authorizing a clerk of the
   59         circuit court to provide translation services;
   60         creating s. 28.217, F.S.; authorizing a clerk of the
   61         circuit court to contract with a third-party
   62         translation service provider to provide translation
   63         services; requiring that such service by a clerk of
   64         the circuit court be ministerial assistance only;
   65         prohibiting a clerk of the circuit court from
   66         providing legal advice; providing construction;
   67         providing that the clerk of the circuit court is not
   68         required to provide translation services; providing an
   69         effective date.