House Bill 3531

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    Florida House of Representatives - 1998                HB 3531

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to a court watcher's program;

  3         providing a short title; providing legislative

  4         goals; directing the Office of the Attorney

  5         General to establish a 2-year pilot program for

  6         a court watchers' organization; defining "court

  7         watcher"; providing for creation and

  8         incorporation of a not-for-profit court

  9         watchers' organization entitled the "Alliance

10         for Constitutional and Ethical Court Watch

11         Program;" providing organization and

12         responsibilities of the alliance; providing for

13         a board of directors; prescribing

14         qualifications of board members; providing for

15         a president of the alliance; providing for

16         hiring of alliance employees; providing certain

17         exemptions from part I of chapter 110, relating

18         to state employment; providing for

19         applicability to the president and court

20         watchers of part IV of chapter 110, relating to

21         volunteers; providing for reimbursement for per

22         diem and travel expenses of the board and the

23         president and employees of the alliance;

24         providing for office space; providing certain

25         immunity from liability; providing for funding;

26         requiring the alliance board to submit an

27         annual report to the Legislature, the Attorney

28         General, and the Florida Supreme Court;

29         providing an appropriation; providing an

30         effective date.

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    Florida House of Representatives - 1998                HB 3531

    573-128-98






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

  2

  3         Section 1.  SHORT TITLE.--This act may be cited as the

  4  "Alliance for Constitutional and Ethical Court Watch Act."

  5         Section 2.  LEGISLATIVE GOALS.--The goals of this act

  6  are:

  7         (1)  To effectuate a partnership between public and

  8  private citizens and the state court system, for the

  9  improvement of the judicial system by eliminating bias and

10  prejudice, thereby improving the quality of justice.

11         (2)  To improve access to the courts for the public by

12  creating a program of assistance and information for those who

13  wish to utilize the state court system as pro se litigants.

14         (3)  To increase awareness and sensitivity of members

15  of the state court system by monitoring the professional and

16  ethical conduct of all officers of the court and court

17  personnel, and identifying discrimination or prejudice.

18         Section 3.  COURT WATCHERS' ALLIANCE; CREATION.--The

19  Office of the Attorney General shall establish a 2-year pilot

20  program for a court watcher's organization. As part of the

21  pilot program, the Office of the Attorney General shall create

22  and provide assistance for incorporation of a not-for-profit

23  court watching organization, entitled the "Alliance for

24  Constitutional and Ethical Court Watch Program."  The program

25  shall be a separate budget entity pursuant to chapter 216,

26  Florida Statutes.

27         Section 4.  COURT WATCHERS.--

28         (1)  Definition.--A "court watcher" is a trained

29  volunteer who is responsible for monitoring court proceedings,

30  recording observations in the courtroom, and collecting

31  court-related data for purposes of observing whether there

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    Florida House of Representatives - 1998                HB 3531

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  1  have been federal or state constitutional violations, ethical

  2  violations, or procedural or other violations of any Florida

  3  Rules of Court and observing whether there exist patterns of

  4  prejudice, discrimination, or bias of any kind, based on, but

  5  not limited to, race, ethnicity, disability, gender, religious

  6  or sexual preference, or other forms of illegal discrimination

  7  or prejudice.

  8         (2)  Minimum qualifications.--A court watcher shall:

  9         (a)  Be a member of the public or private sector, and

10  shall not be an attorney;

11         (b)  Be at least 18 years of age;

12         (c)  Agree to respect legal confidentiality as

13  required;

14         (d)  Be able to attend and complete satisfactorily a

15  personal interview and scheduled training sessions.

16         (3)  Training.--Court watchers shall be trained by

17  teams of judges and attorneys, who shall conduct training

18  sessions for the volunteer court watchers and review any

19  complaints observed by court watchers. Additional training for

20  volunteer court watchers in the mechanics of docketing,

21  reviewing case files, utilizing computerized records,

22  courtroom protocol, and recordkeeping techniques, and

23  introductions to court personnel, shall be provided by a

24  volunteer coordinator.

25         Section 5.  ORGANIZATION OF ALLIANCE.--The Alliance for

26  Constitutional and Ethical Court Watch Program shall be a

27  not-for-profit corporation pursuant to chapter 617, Florida

28  Statutes, to be governed by a board of directors. The articles

29  of incorporation and bylaws establishing the alliance must be

30  submitted to the Attorney General for review and

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    Florida House of Representatives - 1998                HB 3531

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  1  recommendations. The board of directors shall consist of the

  2  following members:

  3         (1)  A person designated by the Attorney General;

  4         (2)  A person designated by the President of the

  5  Senate;

  6         (3)  A person designated by the Speaker of the House of

  7  Representatives;

  8         (4)  A person designated by the Chief Justice of the

  9  Florida Supreme Court;

10         (5)  A local representative from the private sector of

11  each county of the circuit in which the pilot program is

12  established, to be designated by the chairperson of the

13  respective county commission.

14         Section 6.  ALLIANCE; BOARD OF DIRECTORS.--

15         (1)  The chair of the board of directors shall serve as

16  the president of the alliance. The president shall be a member

17  of the public or private sector.

18         (2)  A majority of those voting is required to organize

19  and conduct the business of the alliance, except that a

20  majority of the entire board is required to hire or fire the

21  president or to adopt or amend the operational plan.

22         (3)  Except as delegated or authorized by the board,

23  individual board members have no authority to control or

24  direct the operations of the alliance or the actions of its

25  officers and employees, including the president.

26         (4)  The board of directors may appoint subcommittees

27  to fulfill its responsibilities, or to assist it with

28  technical advice policy consultation and information about

29  court-related procedures.

30         (5)  A majority of the total current membership of the

31  board of the alliance comprises a quorum of the board.

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    Florida House of Representatives - 1998                HB 3531

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  1         (6)  Members of the board and its subcommittees shall

  2  serve without compensation, but members and the president and

  3  all employees of the alliance may be reimbursed for per diem

  4  and travel expenses in accordance with s. 112.061, Florida

  5  Statutes. The president and all employees of the alliance are

  6  exempt from the provisions of part II of chapter 110, Florida

  7  Statutes, but the president and court watchers are subject to

  8  the provisions of part IV of chapter 110, Florida Statutes.

  9         (7)  The board of directors shall meet at least

10  quarterly, and at other times upon call of its chair.

11         Section 7.  ALLIANCE; RESPONSIBILITIES.--

12         (1)  The board of directors of the alliance shall have

13  all the powers and authority not explicitly prohibited by

14  statute which are necessary or convenient to carry out and

15  effectuate the purposes of this act and the functions, duties,

16  and responsibilities of the alliance, including, but not

17  limited to, the following:

18         (a)  Adopting an official seal.

19         (b)  Hiring employees of the alliance.

20         (c)  Developing goals, policies, and procedures

21  designed to:

22         1.  Guide volunteer court watchers in their role as

23  observers of court procedures, and coordinate volunteer

24  citizens' participation in court watching;

25         2.  Coordinate volunteer teachers, including, but not

26  limited to, persons familiar with court administration and

27  retired or inactive attorneys and judges to train court

28  watchers in court procedures and other court-watching matters;

29         3.  Provide improved public access to the courts and

30  assist members of the public who wish to represent themselves

31  as pro se litigants; and

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    Florida House of Representatives - 1998                HB 3531

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  1         4.  Provide goals, policies, and procedures of review

  2  committees responsible for reviewing complaints and

  3  determining where merit exists, and provide for forwarding

  4  information to the appropriate governing authority.

  5         (d)  Soliciting, borrowing, accepting, receiving,

  6  investing, and expending funds from any public or private

  7  source.

  8         (e)  Contracting with public and private entities as

  9  necessary to further the directives of this act.

10         (f)  Developing information systems to determine the

11  effectiveness of the program and any cost benefit to the

12  state.

13         (g)  Approving an annual budget.

14         (h)  Carrying forward any unexpended state

15  appropriation moneys into the succeeding fiscal year, and

16  seeking public and private funding through grants, donations,

17  and fundraising activities.

18         (i)  Providing an annual report to the Attorney

19  General, the President of the Senate, the Speaker of the House

20  of Representatives, and the Florida Supreme Court, including,

21  but not limited to, the number and source of complaints by

22  court watchers, the number of complaints resolved, and any

23  recommendations regarding legislation necessary to improve the

24  pilot program or the state court system generally.

25         Section 8.  IMMUNITY FROM LIABILITY.--The alliance, and

26  its volunteers and employees, shall be granted sovereign

27  immunity in the same manner as the state under the laws and

28  Constitution of the State of Florida. The state, by this

29  section, hereby waives the sovereign immunity granted to the

30  same extent as waived by the state under state law. The

31  provisions of s. 768.28, Florida Statutes, apply to the

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    Florida House of Representatives - 1998                HB 3531

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  1  alliance, and its volunteers and employees, which is deemed to

  2  be a corporation primarily acting as an instrumentality of the

  3  state, but which is not an agency within the meaning of s.

  4  20.03(11), Florida Statutes.

  5         Section 9.  FACILITIES.--The judicial circuit in which

  6  the pilot program is established shall provide adequate office

  7  space at no charge to the alliance within a court facility,

  8  including room for conferences and meetings.

  9         Section 10.  APPROPRIATION.--There is hereby

10  appropriated from the General Revenue Fund to the Office of

11  Attorney General an amount sufficient to carry out the

12  purposes of this act.

13         Section 11.  This act shall take effect July 1 of the

14  year in which enacted.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Directs the Office of the Attorney General to establish a
19    2-year pilot program for a court watchers' organization.
      Defines "court watcher." Provides for creation and
20    incorporation of a nonprofit court watchers' organization
      entitled the "Alliance for Constitutional and Ethical
21    Court Watch Program." Provides for organization and
      responsibilities of the alliance. Provides for a board of
22    directors. Prescribes qualifications of board members.
      Provides for a president of the alliance. Provides for
23    hiring of alliance employees. Provides for reimbursement
      for per diem and travel expenses of the board and the
24    president and employees of the alliance. Provides certain
      immunity from liability. Provides for funding. Requires
25    the alliance to submit an annual report to the
      Legislature, the Attorney General, and the Florida
26    Supreme Court. Provides an appropriation.

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