House Bill hb0491c1

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    Florida House of Representatives - 2002              CS/HB 491

        By the Council for Smarter Government and Representatives
    Goodlette, Carassas, Crow, Gannon, Betancourt, Kottkamp,
    Trovillion, Spratt, Ritter, Rubio, Gottlieb, Lynn, Cusack,
    Meadows, Detert, Greenstein, Kilmer, Paul, Bennett, Waters,
    (Additional Sponsors on Last Printed Page)


  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 for conditional repeal; providing an

17         effective date.

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

20

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

22  "Florida Access to Civil Legal Assistance Act."

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

24  the Legislature to establish an administrative framework

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

26  manner to enhance the availability of civil legal assistance

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

28  of adequate and equitable legal services available to the

29  indigent population, particularly the children and elderly of

30  this state, unnecessarily burdens existing social and human

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

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  1  the availability of civil legal assistance to the poor and

  2  improve access to justice by establishing a streamlined method

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

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

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

  6  Affairs.

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

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

  9  poverty guidelines prescribed for the size of the household of

10  the person seeking assistance by the United States Department

11  of Health and Human Services or disabled veterans who are in

12  receipt of, or eligible to receive, Veterans Administration

13  pension benefits or supplemental security income.

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

15  legal services consistent with the rules regulating The

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

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

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

19  provides as its primary purpose civil legal services without

20  charge to eligible clients.

21         Section 4.  Authority and duties of the

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

23  appropriate to carry out the purposes and provisions of this

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

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

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

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

28  consistent with the provisions of this act.

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

30  allocated pursuant to this act shall be used to:

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  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 or any federal or state postconviction

  6  proceeding. For purposes of this subsection, "criminal

  7  proceeding" means an adversary judicial process prosecuted by

  8  a public officer and initiated by formal complaint,

  9  information, or indictment charging a person with an offense

10  classified or denominated as criminal by applicable law and

11  punishable by death, imprisonment, jail sentence, or criminal

12  fine.

13         (3)  Sue the state or any of its agencies or political

14  subdivisions.

15         (4)  Sue any college or university.

16         (5)  Initiate or participate in a class action suit.

17         (6)  Provide legal assistance or advice with respect to

18  any noncriminal infraction or any enforcement proceeding

19  instituted by the state or its agencies or political

20  subdivisions pursuant to chapter 316, chapter 318, chapter

21  320, or chapter 322, Florida Statutes.

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

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

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

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

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

27  civil legal assistance to the poor for the administration,

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

29  manner consistent with the provisions of this act. Such

30  contract shall provide that distribution of at least 80

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

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

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

  3  federal poverty guidelines of the United States Department of

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

  5  source of data identifying the number of persons per county

  6  shall be the latest available figures of persons per county

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

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

  9  of such funds shall be distributed annually to statewide and

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

11  5 percent of such funds shall be provided for administrative

12  costs.

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

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

15  rights of eligible clients relating to family law, juvenile

16  law, entitlements to federal government benefits, protection

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

18  by providing legal assistance and education regarding legal

19  rights and duties under the law.

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

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

22  funds received or allocated pursuant to this act are expended

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

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

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

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

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

28  Accounts for SUNCOM services furnished to program eligible

29  entities shall be billed directly to the department, as

30  program administrator, and paid with the funding provided.

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  1         Section 10.  If any of the limitations on the use of

  2  funds received or allocated under this act is found to violate

  3  the Constitution of the United States or the State

  4  Constitution or otherwise found to be unenforceable:

  5         (1)  The entire act shall be null and void.

  6         (2)  All appropriations made for the purposes of this

  7  act and not expended are repealed.

  8         (3)  All unspent funds received by any entity pursuant

  9  to this act or the act appropriating funds for the purpose of

10  this act shall be returned to the department for transfer to

11  the treasury to the credit of the fund from which they were

12  appropriated.

13         (4)  No further funds appropriated for the purposes of

14  this act shall be distributed or expended.

15         Section 11.  This act shall not be construed to create

16  a statutory right to counsel in any proceeding.  This act

17  shall not be construed to create any statutory right accruing

18  to any attorney.

19         Section 12.  This act shall take effect upon becoming a

20  law.

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25                       ADDITIONAL SPONSORS

26
    Smith, Lerner, Richardson, Ross, Benson, Heyman, Melvin,
27
    Garcia, Rich, Hogan, Gelber, Sobel, Brutus, Seiler, Bucher,
28
    Wilson, Baxley, Kendrick, Fiorentino, Holloway, Green, Evers,
29
    Ausley and Justice
30

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