Florida Senate - 2023                             CS for SB 1302
       
       
        
       By the Committee on Judiciary; and Senator Torres
       
       
       
       
       
       590-03534-23                                          20231302c1
    1                        A bill to be entitled                      
    2         An act relating to translation services; amending ss.
    3         28.35 and 28.215, F.S.; authorizing a clerk of the
    4         circuit court to provide translation services;
    5         creating s. 28.217, F.S.; authorizing a clerk of the
    6         circuit court to contract with a third-party
    7         translation service provider to provide translation
    8         services; requiring that such service by a clerk of
    9         the circuit court be ministerial assistance only;
   10         prohibiting a clerk of the circuit court from
   11         providing legal advice; providing construction;
   12         providing that the clerk of the circuit court is not
   13         required to provide translation services; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (3) of section
   19  28.35, Florida Statutes, is amended to read:
   20         28.35 Florida Clerks of Court Operations Corporation.—
   21         (3)(a) The list of court-related functions that clerks may
   22  fund from filing fees, service charges, court costs, and fines
   23  is limited to those functions expressly authorized by law or
   24  court rule. Those functions include the following: case
   25  maintenance; records management; court preparation and
   26  attendance; translation services; processing the assignment,
   27  reopening, and reassignment of cases; processing of appeals;
   28  collection and distribution of fines, fees, service charges, and
   29  court costs; processing of bond forfeiture payments; data
   30  collection and reporting; determinations of indigent status; and
   31  paying reasonable administrative support costs to enable the
   32  clerk of the court to carry out these court-related functions.
   33         Section 2. Section 28.215, Florida Statutes, is amended to
   34  read:
   35         28.215 Pro se assistance.—The clerk of the circuit court
   36  shall provide ministerial assistance to pro se litigants.
   37         (1) Assistance may shall not include the provision of legal
   38  advice.
   39         (2) Assistance may include translation services to pro se
   40  litigants under s. 28.217.
   41         Section 3. Section 28.217, Florida Statutes, is created to
   42  read:
   43         28.217 Translation services.—
   44         (1) The clerk of the circuit court may contract with a
   45  third-party translation service provider for translation
   46  services for civil cases. The provision of such services is
   47  ministerial and constitutes a court-related function under s.
   48  28.35(3)(a), and such services are an allowable expenditure by
   49  the clerk of the circuit court under s. 28.36.
   50         (2) Translation services may be made available to any party
   51  requesting such services, regardless of whether the party is
   52  represented by counsel. The clerk of the circuit court shall
   53  provide ministerial assistance only in making such services
   54  available, and such assistance may not include the provision of
   55  legal advice.
   56         (3) Nothing in this section may be construed to prohibit a
   57  party from providing for his or her own translation service or
   58  third-party translation service provider.
   59         (4) The provision of translation services under this
   60  section is an optional court-related function, and nothing in
   61  this section requires the clerk of the circuit court to provide
   62  such services.
   63         Section 4. This act shall take effect October 1, 2023.