Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 248
       
       
       
       
       
       
                                Barcode 705120                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2009           .                                
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       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment to Amendment (611356) (with directory and
    2  title amendments)
    3  
    4  
    5         Delete lines 403 - 456
    6  and insert:
    7         2. The application must include a signature by the
    8  applicant which attests to the truthfulness of the information
    9  provided. The application form developed by the corporation must
   10  include notice that the applicant may seek court review of a
   11  clerk’s determination that the applicant is not indigent, as
   12  provided in this section.
   13         (b) The clerk shall assist a person who appears before the
   14  clerk and requests assistance in completing the application, and
   15  the clerk shall notify the court if a person is unable to
   16  complete the application after the clerk has provided
   17  assistance.
   18         (c) The clerk shall accept an application that is signed by
   19  the applicant and submitted on his or her behalf by a private
   20  attorney who is representing the applicant in the applicable
   21  matter.
   22         (d) A person who seeks appointment of an attorney in a case
   23  under chapter 39, at the trial or appellate level, for which an
   24  indigent person is eligible for court-appointed representation,
   25  shall pay a $50 indigent intake application fee to the clerk for
   26  each application filed. The applicant shall pay the fee within 7
   27  days after submitting the application. The clerk shall transfer
   28  monthly all indigent intake application fees collected under
   29  this paragraph to the Department of Revenue for deposit into the
   30  Indigent Civil Defense Trust Fund, to be used as appropriated by
   31  the Legislature. The clerk may retain 10 percent of application
   32  fees collected monthly for administrative costs prior to
   33  remitting the remainder to the Department of Revenue. A person
   34  found to be indigent may not be refused counsel. If the person
   35  cannot pay the indigent intake application fee, the clerk shall
   36  enroll the person in a payment plan pursuant to s. 28.246.
   37  
   38  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   39         And the directory clause is amended as follows:
   40         Delete lines 377 - 378
   41  and insert:
   42  Section 6. Subsection (1) of section 57.082, Florida Statutes,
   43  is amended to read:
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46         And the title is amended as follows:
   47         Delete lines 760 - 771
   48  and insert:
   49  amending s. 57.082, F.S.; renaming an application fee for a
   50  determination of indigent status for purposes of receiving a
   51  court-appointed attorney in certain civil cases; deleting
   52  provisions authorizing a clerk of court to retain a portion of
   53  the fees collected from persons applying for a court-appointed
   54  attorney for administrative costs; amending s. 197.542, F.S.;
   55  providing