House Bill hb0491e2

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                                       CS/HB 491, Second Engrossed



  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

17         limitations on use of state funds; providing an

18         effective date.

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

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

23  "Florida Access to Civil Legal Assistance Act."

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

25  the Legislature to establish an administrative framework

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

27  manner to enhance the availability of civil legal assistance

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

29  of adequate and equitable legal services available to the

30  indigent population, particularly the children and elderly of

31  this state, unnecessarily burdens existing social and human


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                                       CS/HB 491, Second Engrossed



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

  2  the availability of civil legal assistance to the poor and

  3  improve access to justice by establishing a streamlined method

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

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

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

  7  Affairs.

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

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

10  poverty guidelines prescribed for the size of the household of

11  the person seeking assistance by the United States Department

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

13  receipt of, or eligible to receive, Veterans Administration

14  pension benefits or supplemental security income.

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

16  legal services consistent with the rules regulating The

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

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

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

20  provides as its primary purpose civil legal services without

21  charge to eligible clients.

22         Section 4.  Authority and duties of the

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

24  appropriate to carry out the purposes and provisions of this

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

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

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

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

29  consistent with the provisions of this act.

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

31  allocated pursuant to this act shall be used to:


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                                       CS/HB 491, Second Engrossed



  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         (7)  Contest any regulatory decision by any municipal,

23  county, or state administrative or legislative body.

24         (8)  File or assist in the filing of private causes of

25  action under federal or state statutes enforced by federal or

26  state agencies relating to or arising out of employment or the

27  terms or conditions of employment.

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

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

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

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


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                                       CS/HB 491, Second Engrossed



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

  2  civil legal assistance to the poor for the administration,

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

  4  manner consistent with the provisions of this act. Such

  5  contract shall provide that distribution of at least 80

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

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

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

  9  federal poverty guidelines of the United States Department of

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

11  source of data identifying the number of persons per county

12  shall be the latest available figures of persons per county

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

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

15  of such funds shall be distributed annually to statewide and

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

17  5 percent of such funds shall be provided for administrative

18  costs.

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

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

21  rights of eligible clients relating to family law, juvenile

22  law, entitlements to federal government benefits, protection

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

24  by providing legal assistance and education regarding legal

25  rights and duties under the law.

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

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

28  funds received or allocated pursuant to this act are expended

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

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

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                                       CS/HB 491, Second Engrossed



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

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

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

  4  Accounts for SUNCOM services furnished to program eligible

  5  entities shall be billed directly to the department, as

  6  program administrator, and paid with the funding provided.

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

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

  9  the Constitution of the United States or the State

10  Constitution or otherwise found to be unenforceable:

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

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

13  act and not expended are repealed.

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

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

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

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

18  appropriated.

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

20  this act shall be distributed or expended.

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

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

23  shall not be construed to create any statutory right accruing

24  to any attorney.

25         Section 12.  All appropriations made for the purposes

26  of this act shall only be used for legal education or

27  assistance in family law, juvenile law, entitlement to federal

28  benefits, protection from domestic violence, elder abuse,

29  child abuse, or immigration law. These funds shall not be used

30  in criminal or post-conviction relief matters, for lobbying

31  activities, to sue the state, its agencies or political


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                                       CS/HB 491, Second Engrossed



  1  sub-divisions, or colleges or universities, for class action

  2  lawsuits, to provide legal assistance with respect to

  3  noncriminal infractions pursuant to chapter 316, chapter 318,

  4  chapter 320, or chapter 322, to contest regulatory decisions

  5  of any municipal, county, or state administrative or

  6  legislative body, or to file or assist in the filing of

  7  private causes of action under federal or state statutes

  8  relating to or arising out of employment or terms or

  9  conditions of employment.  The contracting organization shall

10  require pilot projects to provide data on the number of

11  clients served, the types of cases, the reasons the cases were

12  closed, and the state dollars saved and federal dollars

13  brought into the state because of the legal services provided.

14  The contracting organization shall provide to the Department

15  of Community Affairs, within sixty (60) days of the completion

16  of the contract, a report on the legal services provided, the

17  state dollars saved, and the federal dollars brought into the

18  state.

19         Section 13.  This act shall take effect upon becoming a

20  law.

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