Senate Bill 0048c1

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 2000                             CS for SB 48

    By the Committee on Children and Families; and Senator Meek





    300-1229-00

  1                      A bill to be entitled

  2         An act relating to court costs in domestic

  3         violence cases; creating s. 938.14, F.S.;

  4         providing for imposition of an additional

  5         mandatory court cost upon a person found to

  6         have committed an act of domestic violence;

  7         providing for waiver of the court cost;

  8         providing for collection by the clerk of the

  9         court; providing for deposit of such court

10         costs in the Domestic Violence Trust Fund;

11         providing for certain disbursements in

12         accordance with specified provisions; providing

13         for the clerk to retain a service charge;

14         amending s. 39.903, F.S.; directing that funds

15         generated pursuant to s. 938.14, F.S., be used

16         for legal services for victims of domestic

17         violence; providing for the Department of

18         Children and Family Services to contract with a

19         statewide nonprofit association to offer the

20         legal services; providing that a predominant

21         consideration in the allocation of funds be

22         achievement of specific outcome measures;

23         providing for the department to develop outcome

24         measures; providing for the department to

25         determine which services will be provided based

26         on funding generated; providing for the

27         department to adopt rules; amending s. 39.904,

28         F.S.; providing for the inclusion of additional

29         provisions in the annual report on domestic

30         violence; providing an effective date.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                             CS for SB 48
    300-1229-00




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

  2

  3         Section 1.  Section 938.14, Florida Statutes, is

  4  created to read:

  5         938.14  Additional court costs in domestic violence

  6  cases.--

  7         (1)  When a person pleads guilty or nolo contendere to,

  8  or is found guilty or convicted of, regardless of

  9  adjudication, an act of domestic violence as defined in s.

10  741.28, there shall be imposed on the person as a cost in the

11  case, in addition to any other cost or penalty required to be

12  imposed by law, a court cost in the sum of $36. This

13  additional court cost shall be assessed against the person

14  unless specifically waived by the court on the record.

15         (2)  The clerk of the court shall collect the

16  respective $36 assessments for court costs provided for in

17  this section and, on a monthly basis, transfer $35 of the

18  moneys collected to the State Treasury for deposit in the

19  designated account of the Domestic Violence Trust Fund for

20  disbursement in accordance with s. 39.903(7). The clerk shall

21  retain the remaining $1 of each $36 collected as a service

22  charge of the clerk's office.

23         Section 2.  Subsection (7) is added to section 39.903,

24  Florida Statutes, to read:

25         39.903  Duties and functions of the department with

26  respect to domestic violence.--

27         (7)(a) The funding transferred to the Domestic Violence

28  Trust Fund pursuant to s. 938.14 shall be used exclusively to

29  provide legal assistance and legal clearinghouse services to

30  victims of domestic violence served by the certified domestic

31  violence centers of this state. Contingent upon the funding

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                             CS for SB 48
    300-1229-00




  1  available, the legal assistance and legal clearinghouse

  2  services to be provided through this funding shall include the

  3  following:  individual legal consultation to victims of

  4  domestic violence; legal representation in injunction for

  5  protection cases of victims of domestic violence; training for

  6  attorneys representing victims of domestic violence; and

  7  meeting of the attorneys representing victims of domestic

  8  violence to provide an opportunity to share strategies.

  9         (b)  The department shall contract with a statewide

10  nonprofit association whose primary purpose is to represent

11  domestic violence centers and to provide technical assistance

12  to domestic violence centers, to offer these legal assistance

13  and legal clearinghouse services statewide through

14  subcontracts with local providers.

15         (c)  A predominant consideration in the allocation of

16  funds to local providers, excluding the first year, will be

17  the achievement of targeted standards on outcome measures

18  specific to services specified in paragraph (a). The

19  department will develop outcome measures that will evaluate

20  the effectiveness of the services and include measures that

21  reflect the permanent injunctions for protection against

22  domestic violence obtained, temporary child support orders

23  obtained, improved competency of attorneys in the area of

24  domestic violence, and recipient satisfaction.

25         (d) The department will determine which services will

26  be provided, which outcome measures will be applied, and the

27  standards that will be achieved for the identified outcome

28  measures based on the level of funding generated pursuant to

29  s. 938.14 during the first year. The identified services,

30  required outcome measures, and expected standards will be

31  adjusted for each subsequent year based on available funding

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                             CS for SB 48
    300-1229-00




  1  and prior performance. Data on services provided and

  2  achievement of standards will be collected and maintained by

  3  the department and used by the statewide nonprofit association

  4  specified in paragraph (b) to approve, reject, or establish

  5  conditions in subcontracts with local providers. The

  6  department is directed to adopt rules describing the process

  7  by which the allocation of funds to local providers will be

  8  determined which must be incorporated into its contract with

  9  the statewide nonprofit association to provide direction

10  regarding its subcontracting with local providers pursuant to

11  paragraph (b). This process is to include, but not be limited

12  to, the development of outcome measures; the development and

13  adjustment of standards for the identified outcome measures;

14  the determination and adjustment of range and level of

15  services to be provided; the collection of data from local

16  providers; and the criteria for approving, rejecting, and

17  establishing conditions in the funding of local providers,

18  including a mechanism for local providers to correct

19  deficiencies.

20         Section 3.  Subsection (8) is added to section 39.904,

21  Florida Statutes, to read:

22         39.904  Report to the Legislature on the status of

23  domestic violence cases.--On or before January 1 of each year,

24  the department shall furnish to the President of the Senate

25  and the Speaker of the House of Representatives a report on

26  the status of domestic violence in this state, which report

27  shall include, but is not limited to, the following:

28         (8)  The amount of funding transferred to the Domestic

29  Violence Trust Fund as a result of the assessments collected

30  for court costs in domestic violence cases pursuant to s.

31  938.14; the allocation of funds to local providers; the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                             CS for SB 48
    300-1229-00




  1  services provided; and the achievement of standards for

  2  outcome measures.

  3         Section 4.  This act shall take effect October 1, 2000.

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                             CS for SB 48
    300-1229-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          Senate Bill 48

  3

  4  -     Allows the Clerk of the Court to retain $1 of the $36
          fee collected to cover the cost of processing this
  5        assessment.

  6  -     Changes the utilization of the additional funding
          generated from the court cost to provide legal
  7        assistance and legal clearinghouse services to victims
          of domestic violence served by certified domestic
  8        violence centers.

  9  -     Establishes the following specifications for the use of
          the funds generated:
10
         -      Funding will be used to provide individual legal
11              consultation to victims of domestic violence,
                legal representation in injunction for protection
12              cases of victims of domestic violence, training
                for attorneys representing victims of domestic
13              violence, and meetings of the attorneys
                representing victims of domestic violence to share
14              strategies.

15       -      The Department of Children and Family Services is
                to contract with a statewide non-profit
16              association whose primary purpose is to represent
                domestic violence centers and to provide technical
17              assistance to domestic violence centers, to offer
                the legal assistance and legal clearinghouse
18              services.

19       -      The Department of Children and Family Services is
                to develop outcome measures that will evaluate the
20              effectiveness of the services.

21       -      Based on the level of funding generated the first
                year, the Department of Children and Family
22              Services will determine which services will be
                provided.
23
         -      A predominate consideration in the allocation of
24              the funds to local providers will be the
                achievement of targeted standards for identified
25              outcome measures.

26       -      The Department of Children and Family Services is
                directed to adopt rules describing the process for
27              allocating the funds to local providers for
                incorporation into the contract with the statewide
28              non-profit association.

29  -     Requires that the Department of Children and Family
          Services' annual report on the status of domestic
30        violence in this state include information on the
          utilization of the funds collected from the court cost
31        provided in this bill.

                                  6