CS/HB 853 2023 CODING: Words stricken are deletions; words underlined are additions. hb0853-01-c1 Page 1 of 3 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 CODING: Words stricken are deletions; words underlined are additions. hb0853-01-c1 Page 2 of 3 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 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 CS/HB 853 2023 CODING: Words stricken are deletions; words underlined are additions. hb0853-01-c1 Page 3 of 3 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 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