Florida 2023 Regular Session

Florida House Bill H0853 Latest Draft

Bill / Comm Sub Version Filed 03/28/2023

                               
 
CS/HB 853  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to translation services; amending ss. 2 
28.35 and 28.215, F.S.; authorizing a clerk of the 3 
circuit court to provide translation services; 4 
creating s. 28.217, F.S.; authorizing a clerk of the 5 
circuit court to contract with a third -party 6 
translation service provider to provide translation 7 
services; requiring that such service by a clerk of 8 
the circuit court be ministerial assistance only; 9 
prohibiting a clerk of the circuit court from 10 
providing legal advice; providing construction; 11 
providing that the clerk of the circuit court is not 12 
required to provide translation services; providing an 13 
effective date. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  Paragraph (a) of subsection (3) of section 18 
28.35, Florida Statutes, is amended to read: 19 
 28.35  Florida Clerks of Court Operations Corporation. — 20 
 (3)(a)  The list of court -related functions that clerks may 21 
fund from filing fees, service charges, court costs, and fines 22 
is limited to those functions expressly authorized by law or 23 
court rule. Those functions include the following: case 24 
maintenance; records management; court preparation and 25     
 
CS/HB 853  	2023 
 
 
 
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attendance; translation services; processing the assignment, 26 
reopening, and reassignment of cases; processing of appeals; 27 
collection and distribution of fines, fees, service charges, and 28 
court costs; processing of bond forfeiture payments; data 29 
collection and reporting; determinations of indigent s tatus; and 30 
paying reasonable administrative support costs to enable the 31 
clerk of the court to carry out these court -related functions. 32 
 Section 2.  Section 28.215, Florida Statutes, is amended to 33 
read: 34 
 28.215  Pro se assistance. —The clerk of the circuit court 35 
shall provide ministerial assistance to pro se litigants. 36 
 (1) Assistance may shall not include the provision of 37 
legal advice. 38 
 (2)  Assistance may include translation services to pro se 39 
litigants under s. 28.217. 40 
 Section 3.  Section 28.217, Flo rida Statutes, is created to 41 
read: 42 
 28.217  Translation services. — 43 
 (1)  The clerk of the circuit court may contract with a 44 
third-party translation service provider for translation 45 
services for civil cases. The provision of such services is 46 
ministerial and constitutes a court-related function under s. 47 
28.35(3)(a), and such services are an allowable expenditure by 48 
the clerk of the circuit court under s. 28.36. 49 
 (2)  Translation services may be made available to any 50     
 
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party requesting such services, regardless of whether the party 51 
is represented by counsel. The clerk of the circuit court shall 52 
provide ministerial assistance only in making such services 53 
available, and such assistance may not include the provision of 54 
legal advice. 55 
 (3)  Nothing in this section may be construed to prohibit a 56 
party from providing for his or own translation service or 57 
third-party translation service provider. 58 
 (4)  The provision of translation services under this 59 
section is an optional court -related function and nothing in 60 
this section requires the clerk of the circuit court to provide 61 
such services. 62 
 Section 4.  This act shall take effect October 1, 2023. 63