Senate Bill sb1622c1

    Florida Senate - 2006                           CS for SB 1622

    By the Committee on Criminal Justice; and Senator Haridopolos





    591-1965-06

  1                      A bill to be entitled

  2         An act relating to inmate litigation costs;

  3         creating s. 945.6038, F.S.; requiring the

  4         Department of Corrections to charge inmates for

  5         specified costs relating to inmate litigation;

  6         authorizing liens on inmate trust funds;

  7         requiring rulemaking; providing for application

  8         of the act; providing an effective date.

  9  

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

11  

12         Section 1.  Section 945.6038, Florida Statutes, is

13  created to read:

14         945.6038  Inmate litigation costs.--

15         (1)  The department shall charge an inmate for the

16  following and place a lien on the inmate's trust fund account

17  if the inmate has insufficient funds at the time the charges

18  are imposed:

19         (a)  Costs of duplication of documents and accompanying

20  evidentiary materials needed to initiate proceedings in

21  judicial or administrative forums or that must be filed or

22  served in a pending proceeding. The following costs are

23  authorized:

24         1.  Up to 15 cents per one-sided copy for duplicated

25  copies of not more than 14 inches by 8 1/2 inches; or

26         2.  For all other copies, the actual cost of

27  duplication.

28         (b)  Postage and any special delivery charges, if

29  required by law or rule, for mail to courts, attorneys,

30  parties, and other persons required to be served.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 1622
    591-1965-06




 1         (2)  The department shall adopt rules pursuant to ss.

 2  120.536(1) and 120.54 to administer this section.

 3         (3)  This section does not create any legal rights or

 4  obligations that do not otherwise exist. This section does not

 5  limit or preclude the department from charging for duplication

 6  of its records as allowed under chapter 119, and does not

 7  create a right to substitute a lien in lieu of payment for

 8  public records.

 9         Section 2.  This act shall take effect July 1, 2006.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1622

13                                 

14  Mandates that the Department of Corrections "shall" charge
    inmates for postage and copying and place a lien on the
15  inmate's trust funds if the inmate lacks sufficient funds to
    cover these costs.
16  
    Specifies that the department is authorized to charge:
17  
    -    Up to 15 cents per page for one-sided copying of
18       documents no larger than 8 1/2 x 14 inches;

19  -    For the actual cost for all other copies; and

20  -    For postage and special delivery charges, if required by
         law or rule, for mail to courts, attorneys, parties, and
21       others who are required to be served in the suit.

22  Mandates that the department "shall" adopt rules to administer
    this law.
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CODING: Words stricken are deletions; words underlined are additions.