Florida 2024 Regular Session

Florida House Bill H0987 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to court -related functions; amending 2
1616 ss. 28.35 and 28.215, F.S.; authorizing clerks of the 3
1717 circuit court to provide interpretation and 4
1818 translation services; creating s. 28.217, F.S.; 5
1919 authorizing clerks of the circuit court to contract 6
2020 with third-party interpretation service and 7
2121 translation service providers to provide such services 8
2222 in civil actions; providing that the provision of such 9
2323 services by clerks of the circuit court is 10
2424 ministerial, is an authorized court -related function, 11
2525 and is an allowable expenditure; providing that such 12
2626 services may be made available to a party regardless 13
2727 of whether he or she is represented by counsel; 14
2828 providing construction; providing that the clerks of 15
2929 the circuit court are not required to provide 16
3030 interpretation and translation services; providing an 17
3131 effective date. 18
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3333 Be It Enacted by the Legislature of the State of Florida: 20
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3535 Section 1. Paragraph (a) of subsection (3) of section 22
3636 28.35, Florida Statutes, is amended to read: 23
3737 28.35 Florida Clerks of Court Operations Corporation. — 24
3838 (3)(a) The list of court -related functions that clerks may 25
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4747 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
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5151 fund from filing fees, service charges, court costs, and fines 26
5252 is limited to those functions expressly authorized by law or 27
5353 court rule. Those functions include the following: case 28
5454 maintenance; records management; court preparation and 29
5555 attendance; interpretation and translation services; processing 30
5656 the assignment, reop ening, and reassignment of cases; processing 31
5757 of appeals; collection and distribution of fines, fees, service 32
5858 charges, and court costs; processing of bond forfeiture 33
5959 payments; data collection and reporting; determinations of 34
6060 indigent status; and paying reas onable administrative support 35
6161 costs to enable the clerk of the court to carry out these court -36
6262 related functions. 37
6363 Section 2. Section 28.215, Florida Statutes, is amended to 38
6464 read: 39
6565 28.215 Pro se assistance. —The clerk of the circuit court 40
6666 shall provide ministerial assistance to pro se litigants. 41
6767 (1) Assistance may shall not include the provision of 42
6868 legal advice. 43
6969 (2) Assistance may include interpretation and translation 44
7070 services, as provided in s. 28.217, to pro se litigants. 45
7171 Section 3. Section 28. 217, Florida Statutes, is created to 46
7272 read: 47
7373 28.217 Interpretation and translation services. — 48
7474 (1) The clerk of the circuit court may contract with a 49
7575 third-party interpretation service provider and a third -party 50
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8484 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
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8888 translation service provider to provide int erpretation and 51
8989 translation services, respectively, in civil actions. 52
9090 (2) The provision of such services is ministerial and is 53
9191 an authorized court-related function under s. 28.35(3)(a), and 54
9292 such services are an allowable expenditure by the clerk of the 55
9393 circuit court under s. 28.36. 56
9494 (3) Such services may be made available, upon request, to 57
9595 any party to such an action, regardless of whether the party is 58
9696 represented by counsel. The clerk of the circuit court may only 59
9797 provide ministerial assistance in makin g such services 60
9898 available, and such assistance may not include the provision of 61
9999 legal advice. 62
100100 (4) This section may not be construed to prohibit a party 63
101101 to such an action from providing his or her own interpretation 64
102102 or translation services or from using h is or her own third-party 65
103103 interpreter or translation service providers. 66
104104 (5) The provision of interpretation and translation 67
105105 services under this section is an optional court -related 68
106106 function, and this section does not require the clerk of the 69
107107 circuit court to provide such services. 70
108108 Section 4. This act shall take effect October 1, 2024. 71