Title: Translation Services

Summary: Authorizing a clerk of the circuit court to provide translation services; authorizing a clerk of the circuit court to contract with a third-party translation service provider to provide translation services; prohibiting a clerk of the circuit court from providing legal advice, etc.

Full Text:
An act relating to translation services; amending ss. 28.35 and 28.215, F.S.; authorizing a clerk of the circuit court to provide translation services; creating s. 28.217, F.S.; authorizing a clerk of the circuit court to contract with a third-party translation service provider to provide translation services; requiring that such service by a clerk of the circuit court be ministerial assistance only; prohibiting a clerk of the circuit court from providing legal advice; providing construction; providing that the clerk of the circuit court is not required to provide translation services; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (3) of section 28.35, Florida Statutes, is amended to read: 28.35 Florida Clerks of Court Operations Corporation.  (3)(a) The list of court-related functions that clerks may fund from filing fees, service charges, court costs, and fines is limited to those functions expressly authorized by law or court rule. Those functions include the following: case maintenance; records management; court preparation and attendance; translation services; processing the assignment, reopening, and reassignment of cases; processing of appeals; collection and distribution of fines, fees, service charges, and court costs; processing of bond forfeiture payments; data collection and reporting; determinations of indigent status; and paying reasonable administrative support costs to enable the clerk of the court to carry out these court-related functions. Section 2. Section 28.215, Florida Statutes, is amended to read: 28.215 Pro se assistance. The clerk of the circuit court shall provide ministerial assistance to pro se litigants. (1)  Assistance may shall not include the provision of legal advice. (2)   Assistance may include translation services to pro se litigants under s. 28.217. Section 3. Section 28.217, Florida Statutes, is created to read: 28.217   Translation services.  (1)   The clerk of the circuit court may contract with a third-party translation service provider for translation services for civil cases. The provision of such services is ministerial and constitutes a court-related function under s. 28.35(3)(a), and such services are an allowable expenditure by the clerk of the circuit court under s. 28.36. (2)   Translation services may be made available to any party requesting such services, regardless of whether the party is represented by counsel. The clerk of the circuit court shall provide ministerial assistance only in making such services available, and such assistance may not include the provision of legal advice. (3)   Nothing in this section may be construed to prohibit a party from providing for his or her own translation service or third-party translation service provider. (4)   The provision of translation services under this section is an optional court-related function, and nothing in this section requires the clerk of the circuit court to provide such services. Section 4. This act shall take effect October 1, 2023.