| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to inmate litigation costs; creating s. |
| 7 | 945.6038, F.S.; requiring the Department of Corrections to |
| 8 | charge inmates for specified costs relating to inmate |
| 9 | litigation; authorizing liens on inmate trust funds; |
| 10 | requiring rulemaking; providing intent; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 945.6038, Florida Statutes, is created |
| 16 | to read: |
| 17 | 945.6038 Inmate litigation costs.-- |
| 18 | (1) The department shall charge an inmate for the |
| 19 | following and place a lien on the inmate's trust fund account if |
| 20 | the inmate has insufficient funds at the time the charges are |
| 21 | imposed: |
| 22 | (a) Costs of duplication of documents and accompanying |
| 23 | evidentiary materials needed to initiate proceedings in judicial |
| 24 | or administrative forums or that must be filed or served in a |
| 25 | pending proceeding. The following costs are authorized: |
| 26 | 1. Up to 15 cents per one-sided copy for duplicated copies |
| 27 | of not more than 14 inches by 8 1/2 inches; or |
| 28 | 2. For all other copies, the actual cost of duplication. |
| 29 | (b) Postage and any special delivery charges, if required |
| 30 | by law or rule, for mail to courts, attorneys, parties, and |
| 31 | other persons required to be served. |
| 32 | (2) The department shall adopt rules pursuant to ss. |
| 33 | 120.536(1) and 120.54 to implement this section. |
| 34 | (3) This section is not intended to create any legal |
| 35 | rights or obligations that do not otherwise exist. This section |
| 36 | is not intended to limit or preclude the department from |
| 37 | charging for duplication of its records as allowed under chapter |
| 38 | 119, nor is it intended to create a right to substitute a lien |
| 39 | in lieu of payment for public records. |
| 40 | Section 2. This act shall take effect July 1, 2006. |