House Bill hb0595

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    Florida House of Representatives - 2002                 HB 595

        By Representative Henriquez






  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         requiring the court to impose 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 a portion of

10         such court costs in the Domestic Violence Trust

11         Fund; authorizing 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; requiring the Department of Children

18         and Family Services to contract with a

19         statewide nonprofit association to offer legal

20         services; providing that allocation of funds be

21         contingent upon achievement of specific outcome

22         measures to be developed by the department;

23         requiring the department to determine services

24         to be provided based on funding generated;

25         requiring the department to adopt rules;

26         amending s. 39.904, F.S.; including additional

27         provisions in the annual report on domestic

28         violence; providing an effective date.

29

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

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    Florida House of Representatives - 2002                 HB 595

    716-101C-02






  1         Section 1.  Section 938.14, Florida Statutes, is

  2  created to read:

  3         938.14  Additional court costs in domestic violence

  4  cases.--

  5         (1)  When a person pleads guilty or nolo contendere to,

  6  or is found guilty of, regardless of adjudication, an act of

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

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

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

10  cost in the sum of $36. This additional court cost shall be

11  assessed against the person unless specifically waived by the

12  court on the record.

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

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

15  State Treasury for deposit in the designated account of the

16  Domestic Violence Trust Fund for disbursement under s.

17  39.903(7). The clerk shall retain the remaining $1 of each $36

18  collected as a service charge of the clerk's office.

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

20  Florida Statutes, to read:

21         39.903  Duties and functions of the department with

22  respect to domestic violence.--

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

24  Trust Fund under s. 938.14 shall be used exclusively to

25  provide legal assistance and legal clearinghouse services to

26  victims of domestic violence served by the certified domestic

27  violence centers of this state. Contingent upon available

28  funding, the legal assistance and legal clearinghouse services

29  provided by this funding shall include individual legal

30  consultation to victims of domestic violence, legal

31  representation in injunction for protection cases of victims

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    Florida House of Representatives - 2002                 HB 595

    716-101C-02






  1  of domestic violence, training for attorneys representing

  2  victims of domestic violence, and meetings of the attorneys

  3  representing victims of domestic violence to provide an

  4  opportunity to share strategies.

  5         (b)  The department shall contract with a statewide

  6  nonprofit association whose primary purpose is to represent

  7  and provide technical assistance to domestic violence centers

  8  and to offer legal assistance and legal clearinghouse services

  9  statewide through subcontracts with local providers.

10         (c)  The allocation of funds to local providers,

11  excluding the first year, shall be based upon the achievement

12  of targeted standards for outcome measures specific to

13  services specified in paragraph (a). The department shall

14  develop outcome measures to evaluate the effectiveness of

15  services provided and include measures that reflect the

16  permanent injunctions for protection against domestic violence

17  obtained, temporary child support orders obtained, improved

18  competency of attorneys in the area of domestic violence, and

19  recipient satisfaction.

20         (d) The department shall determine which services shall

21  be provided, which outcome measures shall be applied, and the

22  standards that shall be achieved for the identified outcome

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

24  938.14 during the first year. The identified services,

25  required outcome measures, and expected standards shall be

26  adjusted for each subsequent year based on available funding

27  and prior performance. Data on services provided and

28  achievement of standards shall be collected and maintained by

29  the department and used by the statewide nonprofit association

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

31  conditions in subcontracts with local providers. The

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    Florida House of Representatives - 2002                 HB 595

    716-101C-02






  1  department shall adopt rules describing the process by which

  2  the allocation of funds to local providers shall be determined

  3  which must be incorporated into its contract with the

  4  statewide nonprofit association to provide direction regarding

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

  6  This process shall include the development of outcome

  7  measures, the development and adjustment of standards for the

  8  identified outcome measures, the determination and adjustment

  9  of range and level of services to be provided, the collection

10  of data from local providers, and the criteria for approving,

11  rejecting, and establishing conditions for the funding of

12  local providers, including a mechanism for local providers to

13  correct deficiencies.

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

15  Florida Statutes, to read:

16         39.904  Report to the Legislature on the status of

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

18  the department shall furnish to the President of the Senate

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

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

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

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

23  Violence Trust Fund as a result of the assessments collected

24  for court costs in domestic violence cases under s. 938.14,

25  the allocation of funds to local providers, the services

26  provided, and the achievement of standards for outcome

27  measures.

28         Section 4.  This act shall take effect October 1, 2002.

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    Florida House of Representatives - 2002                 HB 595

    716-101C-02






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  2                          HOUSE SUMMARY

  3
      Requires the court to impose an additional mandatory
  4    court cost upon a person found to have committed an act
      of domestic violence. Provides for waiver of the court
  5    cost. Provides for collection by the clerk of the court.
      Provides for deposit of a portion of such court costs in
  6    the Domestic Violence Trust Fund. Authorizes certain
      disbursements in accordance with specified provisions.
  7    Provides for the clerk to retain a service charge.
      Directs that funds generated pursuant to s. 938.14, F.S.,
  8    be used for legal services for victims of domestic
      violence. Requires the Department of Children and Family
  9    Services to contract with a statewide nonprofit
      association to offer legal services. Provides that
10    allocation of funds be contingent upon achievement of
      specific outcome measures to be developed by the
11    department. Requires the department to determine services
      to be provided based on funding generated. Requires the
12    department to adopt rules. Includes additional provisions
      in the annual report on domestic violence.
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