Senate Bill sb0088

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    Florida Senate - 2001                                    SB 88

    By Senator Meek





    36-9-01

  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.

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    Florida Senate - 2001                                    SB 88
    36-9-01




  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 of, regardless of adjudication, an act of

  9  domestic violence as defined in s. 741.28, the court shall

10  impose on the person as a cost in the case, in addition to any

11  other cost or penalty required to be imposed by law, a court

12  cost in the sum of $36. This additional court cost must be

13  assessed against the person unless specifically waived by the

14  court on the record.

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

16  cost and, monthly, transfer $35 of each sum collected to the

17  State Treasury for deposit in the designated account of the

18  Domestic Violence Trust Fund for disbursement under s.

19  39.903(7). The clerk shall retain the remaining $1 of each sum

20  collected as a service charge for the clerk's office.

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

22  Florida Statutes, to read:

23         39.903  Duties and functions of the department with

24  respect to domestic violence.--

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

26  Trust Fund under s. 938.14 must be used exclusively to provide

27  legal assistance and legal clearinghouse services to victims

28  of domestic violence served by the certified domestic violence

29  centers of this state. Contingent upon the funding available,

30  the legal assistance and legal clearinghouse services to be

31  provided through this funding include individual legal

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    Florida Senate - 2001                                    SB 88
    36-9-01




  1  consultation to victims of domestic violence, legal

  2  representation in injunction for protection cases of victims

  3  of domestic violence, training for attorneys representing

  4  victims of domestic violence, and meeting of the attorneys

  5  representing victims of domestic violence to provide an

  6  opportunity to share strategies.

  7         (b)  The department shall contract with a statewide

  8  nonprofit association whose primary purpose is to represent

  9  domestic violence centers and to provide technical assistance

10  to domestic violence centers, to offer these legal assistance

11  and legal clearinghouse services statewide through

12  subcontracts with local providers.

13         (c)  A predominant consideration in the allocation of

14  funds to local providers, excluding the first year, must be

15  the achievement of targeted standards on outcome measures

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

17  department shall develop outcome measures that will evaluate

18  the effectiveness of the services and include measures that

19  reflect the permanent injunctions for protection against

20  domestic violence obtained, temporary child support orders

21  obtained, improved competency of attorneys in the area of

22  domestic violence, and recipient satisfaction.

23         (d) The department shall determine which services will

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

25  standards that will be achieved for the identified outcome

26  measures based on the level of funding generated under s.

27  938.14 during the first year. The identified services,

28  required outcome measures, and expected standards must be

29  adjusted for each subsequent year based on available funding

30  and prior performance. Data on services provided and

31  achievement of standards must be collected and maintained by

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    Florida Senate - 2001                                    SB 88
    36-9-01




  1  the department and used by the statewide nonprofit association

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

  3  conditions in subcontracts with local providers. The

  4  department shall adopt rules describing the process by which

  5  the allocation of funds to local providers will be determined

  6  which must be incorporated into its contract with the

  7  statewide nonprofit association to provide direction regarding

  8  its subcontracting with local providers under paragraph (b).

  9  This process must include the development of outcome measures;

10  the development and adjustment of standards for the identified

11  outcome measures; the determination and adjustment of range

12  and level of services to be provided; the collection of data

13  from local providers; and the criteria for approving,

14  rejecting, and establishing conditions in the funding of local

15  providers, including a mechanism for local providers to

16  correct deficiencies.

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

18  Florida Statutes, to read:

19         39.904  Report to the Legislature on the status of

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

21  the department shall furnish to the President of the Senate

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

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

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

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

26  Violence Trust Fund as a result of the assessments collected

27  for court costs in domestic violence cases under s. 938.14;

28  the allocation of funds to local providers; the services

29  provided; and the achievement of standards for outcome

30  measures.

31         Section 4.  This act shall take effect October 1, 2001.

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    Florida Senate - 2001                                    SB 88
    36-9-01




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  2                          SENATE SUMMARY

  3    Provides for imposition of an additional mandatory court
      cost upon a person found to have committed an act of
  4    domestic violence.  Provides for specific waiver of the
      cost on the record.  Provides for collection by the clerk
  5    of the court.  Provides for deposit of such court costs
      in the Domestic Violence Trust Fund and authorizes
  6    certain disbursements from the fund under specified
      provisions relating to funding of domestic violence
  7    centers. Authorizes the clerk to retain a service charge.
      Provides that money transferred to the fund be used to
  8    provide legal assistance and clearinghouse services to
      victims of domestic violence. Requires the Department of
  9    Children and Family Services to contract with a statewide
      nonprofit association to offer legal services. Requires
10    the department to develop outcome measures to evaluate
      the effectiveness of the services. Requires the
11    department to determine which services will be provided.
      Provides rulemaking authority. Requires that the
12    department's annual report on the status of domestic
      violence in this state include information on the use of
13    the funds collected from the court costs.

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