Senate Bill sb1622c2

    Florida Senate - 2006                    CS for CS for SB 1622

    By the Committees on Justice Appropriations; Criminal Justice;
    and Senator Haridopolos




    604-2390-06

  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 civil

  6         litigation; authorizing liens on inmate trust

  7         funds; requiring rulemaking; providing for

  8         application of the act; providing an effective

  9         date.

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

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13         Section 1.  Section 945.6038, Florida Statutes, is

14  created to read:

15         945.6038  Inmate litigation costs.--

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

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

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

19  are imposed:

20         (a)  Costs of duplication of documents and accompanying

21  evidentiary materials needed to initiate civil proceedings in

22  judicial or administrative forums or that must be filed or

23  served in a pending civil proceeding. The following costs are

24  authorized:

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

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

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

28  duplication.

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

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

31  parties, and other persons required to be served.

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    Florida Senate - 2006                    CS for CS for SB 1622
    604-2390-06




 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.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                          CS for SB 1622

13                                 

14  Authorizes the Department of Corrections to charge inmates for
    the costs of duplication of documents in civil proceedings.
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CODING: Words stricken are deletions; words underlined are additions.