Senate Bill sb0512
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 512
By Senator Saunders
25-146-02 See HB
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 512
25-146-02 See HB
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:
30
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 512
25-146-02 See HB
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 512
25-146-02 See HB
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.
22
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.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.