House Bill hb0491

    Florida House of Representatives - 2002                 HB 491

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to civil legal assistance;

  3         creating the Florida Access to Civil Legal

  4         Assistance Act; providing legislative intent

  5         and purpose; providing definitions; specifying

  6         powers of the Department of Community Affairs

  7         for certain purposes; limiting use of certain

  8         funds for certain purposes; requiring the

  9         department to contract for delivery of civil

10         legal assistance to certain persons through

11         not-for-profit legal aid organizations;

12         providing contract requirements; specifying

13         application; requiring the department to ensure

14         accountability; requiring an annual audit;

15         providing for eligibility for state support;

16         providing an effective date.

17

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

19

20         Section 1.  Short title.--This act may be cited as the

21  "Florida Access to Civil Legal Assistance Act."

22         Section 2.  Legislative intent.--It is the intent of

23  the Legislature to establish an administrative framework

24  whereby public funds may be used in an effective and efficient

25  manner to enhance the availability of civil legal assistance

26  to the poor in this state. The Legislature finds that the lack

27  of adequate and equitable legal services available to the

28  indigent population, particularly the children and elderly of

29  this state, unnecessarily burdens existing social and human

30  services programs. It is the purpose of this act to promote

31  the availability of civil legal assistance to the poor and

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    Florida House of Representatives - 2002                 HB 491

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  1  improve access to justice by establishing a streamlined method

  2  to utilize available state funds in furtherance of this goal.

  3         Section 3.  Definitions.--For purposes of this act:

  4         (1)  "Department" means the Department of Community

  5  Affairs.

  6         (2)  "Eligible client" means a person whose income is

  7  equal to or below 150 percent of the then-current federal

  8  poverty guidelines prescribed for the size of the household of

  9  the person seeking assistance by the United States Department

10  of Health and Human Services or a person who is receiving

11  poverty-related veterans' benefits or supplemental security

12  income.

13         (3)  "Legal assistance" means the provision of civil

14  legal services consistent with the rules regulating The

15  Florida Bar, subject to the limitations in section 5.

16         (4)  "Not-for-profit legal aid organization" means a

17  not-for-profit organization operated in this state that

18  provides as its primary purpose civil legal services without

19  charge to eligible clients.

20         Section 4.  Authority and duties of the

21  department.--The department shall have the powers necessary or

22  appropriate to carry out the purposes and provisions of this

23  act, including, but not limited to, the power to contract with

24  a statewide not-for-profit organization that provides funding

25  for civil legal assistance to the poor in this state to

26  allocate funds to not-for-profit legal aid organizations

27  consistent with the provisions of this act.

28         Section 5.  Limitations.--No funds received or

29  allocated pursuant to this act shall be used to:

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    Florida House of Representatives - 2002                 HB 491

    704-156-02






  1         (1)  Lobby or influence the passage or defeat of any

  2  legislation before any municipal, county, or state legislative

  3  or administrative body.

  4         (2)  Provide legal assistance or advice with respect to

  5  any criminal proceeding. For purposes of this subsection,

  6  "criminal proceeding" means an adversary judicial process

  7  prosecuted by a public officer and initiated by formal

  8  complaint, information, or indictment charging a person with

  9  an offense classified or denominated as criminal by applicable

10  law and punishable by death, imprisonment, jail sentence, or

11  criminal fine.

12         (3)  Sue the state or any of its agencies.

13         (4)  Initiate or participate in a class action suit.

14         Section 6.  Funding.--In connection with funds received

15  pursuant to this act, the department shall contract with a

16  not-for-profit, charitable organization that meets the

17  qualifications of s. 501(c)(3) of the United States Internal

18  Revenue Code, as amended, that provides funding statewide for

19  civil legal assistance to the poor for the administration,

20  allocation, and distribution of any or all such funds in a

21  manner consistent with the provisions of this act. Such

22  contract shall provide that distribution of at least 80

23  percent of such funds shall be based annually by county on a

24  per capita basis upon the number of persons in the county

25  whose income is 125 percent or less of the then-current

26  federal poverty guidelines of the United States Department of

27  Health and Human Services.  For purposes of this section, the

28  source of data identifying the number of persons per county

29  shall be the latest available figures of persons per county

30  from the Bureau of the Census of the United States Department

31  of Commerce. Such contract shall provide that up to 15 percent

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    Florida House of Representatives - 2002                 HB 491

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  1  of such funds shall be distributed annually to statewide and

  2  regional not-for-profit legal aid organizations and that up to

  3  5 percent of such funds shall be provided for administrative

  4  costs.

  5         Section 7.  Eligible activities.--Funds received or

  6  allocated pursuant to this act may be used to secure the legal

  7  rights of eligible clients relating to family law, juvenile

  8  law, entitlements to federal government benefits, protection

  9  from domestic violence, elder and child abuse, and immigration

10  by providing legal assistance and education regarding legal

11  rights and duties under the law.

12         Section 8.  Accountability.--In any contract allocating

13  funds pursuant to this act, the department shall ensure that

14  funds received or allocated pursuant to this act are expended

15  in a manner consistent with the terms and intent of this act

16  and shall provide for an annual audit of such expenditures.

17         Section 9.  State support.--Programs funded pursuant to

18  this act shall be eligible for state support, including, but

19  not limited to, access to the SUNCOM Network services.

20         Section 10.  This act shall take effect upon becoming a

21  law.

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23            *****************************************

24                          HOUSE SUMMARY

25
      Creates the Florida Access to Civil Legal Assistance Act.
26    Provides legislative intent and definitions. Provides for
      delivery of civil legal services assistance to poor or
27    indigent persons through nonprofit legal aid
      organizations. Prescribes implementing authority and
28    duties of the Department of Community Affairs under the
      act. Provides guidelines and limitations with respect to
29    funding of the programs and eligibility for state
      support. Provides for an annual audit of expenditures.
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