Dear Member,

Below are updates of the legislative items that we will be tracking this year. Please feel free to review it and send your suggestions to Legislative Committee Vice-Chairs, Jorge Piedra at jpiedra@piedralaw.com and Maria D. Garcia at garcia1134@msn.com.

You may also visit our website at www.cabaonline.com for regular legislative updates.

Sincerely,

Vivian de las Cuevas-Diaz
President

CABA Pro Bono
CABA will once again seek funding for our Pro Bono Project.  Last year, we received funding through the Attorney General’s office.  However, the line item was vetoed by the Governor.  This year, we will once again seek funding through any available source.  However, the budget shortfall will make it very unlikely that our Pro Bono Project will receive any legislative funding.

Court Funding
The Governor’s budget recommendations contain no cuts or reductions for the court system requested that the revenue generated from mortgage foreclosure filing fees be replaced by general revenue. This new funding approach provides a more stable source of funding for the courts. CABA supports adequate funding of the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel, and the offices of the clerks of the circuit and county courts performing court-related functions. We will monitor the budgeting process as it makes its way through the legislature.
At the present moment, the proposed budget remains with no reduction in funding and includes an additional $5.7 million for the courts to assist in dealing with the backlog of foreclosure cases.

Civil Legal Assistance Funding
Since the passage of the Florida Access to Civil Legal Assistance Act in 2002, the Legislature has provided a level of funding for this program. Legal services are provided to low-income citizens mainly in cases involving domestic violence, entitlement to federal benefits, elder abuse, and family law. The Florida Bar supports adequate funding for civil legal assistance to indigent persons through the Florida Access to Civil Legal Assistance Act, and has been successful in those efforts. The level of legislative funding has varied each year, from a high of $5 million down to $1 million in the past few years. Last year, the Legislature appropriated $1 million, but the Governor vetoed that appropriation. This year the Florida Bar Foundation is requesting $2 million for the program. This request comes at a time when legal services for the poor are facing unprecedented reductions in funding. The double whammy of reduced revenue from lower interest rates in IOTA (down 82% from only four years ago) and reduced federal assistance will require significant reductions in legal staff throughout the state.

At the moment, the House Appropriations Committee voted to provide $100,000 for civil legal assistance.

Judicial Nominating Commissions
HB 971 by Representative Matt Gaetz (R-Ft. Walton Beach) passed the House Civil Justice Subcomittee by a 10-5 vote and the House Government Operations Committee by a vote of 10 to 3.  The Companion in the Senate is SB 1570 was not heard in committee and remains in the Senate Budget Committee.  A significant portion of the bill seems to cure any entitlement problems for retired judges within the Florida Retirement System when they sit in temporary senior status. Otherwise, this bill would keep intact The Florida Bar’s current involvement in the JNC process but it would remove the requirement that the four members appointed by the Governor from the list recommended by The Florida Bar be “actively engaged in the practice of law.” The bill would clarify that actions by a JNC be made with the concurrence of a majority vote of its “currentmembers.” Finally, the bill provides that the members the JNC appointed by governor “serve at the pleasure of the Governor.”  We will closely follow this bill and its anticipated Senate companion.

Lawyer Referral Services
The Legislature and Chief Financial Officer Jeff Atwater have made the reform of lawyer referral services a priority for this legislative session. Several bills have been filed regarding this issue including HB 485 by Representative Rick Kriseman (D-St. Petersburg) and SB 134 by Senator Gwen Margolis (D-Miami). These bills both regulate medical referral services and lawyer referral services by statute and exempt certain types of lawyer referral services. In these bills, the term “lawyer referral service does not include lawyers or law firms advertising themselves or their firm, pro bono or not-for-profit referral services that lawyers do not pay to participate in, nor does it include referral services operated by a voluntary bar association or legal aid program recognized by The Florida Bar. Many of the provisions included in these bills direct how regulated referral services may advertise, as well as to which providers these services will be allowed to refer individuals. CFO Atwater has requested that the Bar ban lawyer referral services. Bar President Scott Hawkins pledged Bar support to cooperate with CFO Atwater but noted the Bar cannot regulate non-lawyers, but may regulate lawyers who join referral services and prohibit involvement with services that don’t follow Bar rules. These bills – and the issues they attempt to address – are being carefully studied by the Bar’s Special Committee on Lawyer Referral Services. This bill remains in first reading with the Civil Justice Subcommittee and the Senate Judiciary Committee.

Nonjudicial Foreclosures
The Florida Senate Judiciary Committee recently discussed an interim report on the foreclosure system in the state. The report, also drawing on information from an earlier meeting, cites approximately 370,000 active and inactive cases currently in foreclosure. The committee was presented information that discussed whether or not Florida would be able to adopt a nonjudicial foreclosure statute in light of recent changes included in the Dodd-Frank Wall Street Reform and Consumer Protection Act. The mortgage foreclosure backlog is extremely important to the current funding structure of the courts, and this issue will likely require significant dialogue throughout the course of the upcoming Legislative Session.  This issue does not appear to have support to pass this legislative session.

Expert Witness Standards
A bill that sets stricter standards for what expert testimony is admissible in court (HB 243) that is opposed by trial lawyers but championed by the business community.  This bill passed the Civil Justice Subcommittee and is in the Judiciary Subcommittee today. The companion Senate Bill (SB 378) passed the Judiciary Committee and is not in the Budget Committee.  It is often referred to as the "Daubert" bill because it relates to a U.S. Supreme Court decision on expert testimony in federal courts. Currently, Florida uses the "Frye" standard, which carries less strict guidelines on what expert witness testimony is permitted. An attempt to pass the bill last year failed after it passed the House but couldn't muster the votes in the Senate.
 
Immigration
State Rep. Gayle Harrell, R-Stuart, filed HB 1315 that would require employers in the state to check the status of new employees against a federal database also known as E-Verify. The new requirement would start in January 2013 if lawmakers approve the bill.  Last year the GOP-controlled Legislature debated a tough immigration bill that was backed by several leading Republicans. But the House and Senate could not agree on the bill and the measure died.  The bill is pending in the Government Operations Subcommittee.  No votes have been taken on this bill.