Florida Senate - 2023                                    SB 1302
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01824-23                                           20231302__
    1                        A bill to be entitled                      
    2         An act relating to translation services; amending ss.
    3         28.35 and 28.215, F.S.; authorizing a clerk of the
    4         circuit court to provide translation services;
    5         creating s. 28.217, F.S.; authorizing a clerk of the
    6         circuit court to contract with a third-party
    7         translation service provider to provide translation
    8         services; requiring that such service by a clerk of
    9         the circuit court be ministerial assistance only;
   10         prohibiting a clerk of the circuit court from
   11         providing legal advice; providing construction;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (3) of section
   17  28.35, Florida Statutes, is amended to read:
   18         28.35 Florida Clerks of Court Operations Corporation.—
   19         (3)(a) The list of court-related functions that clerks may
   20  fund from filing fees, service charges, court costs, and fines
   21  is limited to those functions expressly authorized by law or
   22  court rule. Those functions include the following: case
   23  maintenance; records management; court preparation and
   24  attendance; translation services; processing the assignment,
   25  reopening, and reassignment of cases; processing of appeals;
   26  collection and distribution of fines, fees, service charges, and
   27  court costs; processing of bond forfeiture payments; data
   28  collection and reporting; determinations of indigent status; and
   29  paying reasonable administrative support costs to enable the
   30  clerk of the court to carry out these court-related functions.
   31         Section 2. Section 28.215, Florida Statutes, is amended to
   32  read:
   33         28.215 Pro se assistance.—The clerk of the circuit court
   34  shall provide ministerial assistance to pro se litigants.
   35         (1) Assistance may shall not include the provision of legal
   36  advice.
   37         (2) Assistance may include translation services to pro se
   38  litigants authorized under s. 28.217.
   39         Section 3. Section 28.217, Florida Statutes, is created to
   40  read:
   41         28.217 Translation services.—
   42         (1) The clerk of the circuit court may contract with a
   43  third-party translation service provider for translation
   44  services for civil cases. The provision of such services is
   45  ministerial and constitutes a court-related function under s.
   46  28.35(3)(a), and such services are an allowable expenditure by
   47  the clerk of the circuit court under s. 28.36.
   48         (2) Translation services may be made available to any party
   49  requesting such services, regardless of whether the party is
   50  represented by counsel. The clerk of the circuit court shall
   51  provide ministerial assistance only in making such services
   52  available, and such assistance may not include the provision of
   53  legal advice.
   54         (3) This section may not be construed to prohibit a party
   55  from providing for his or own translation service or third-party
   56  translation service provider.
   57         Section 4. This act shall take effect October 1, 2023.