The term cy pres comes from the French, “cy pres comme possible,” meaning “as near as possible,”
Orlando, FL – Representative Anna V. Eskamani has filed critical legislation to improve Floridians access to civil legal aid, and it won’t cost the State of Florida a dime. House Bill 409 authorizes courts dealing with civil matters to apply the doctrine cy pres, allowing unclaimed class action funds to be donated to civil legal services that benefit the poor.
The term cy pres comes from the French, “cy pres comme possible,” meaning “as near as possible,” and the doctrine is often applied in class action cases in which full restitution to all injured parties is either impossible or infeasible, such as when the amount of damage per person is insignificant even though the aggregate damages are large. It can also be employed in probate matters when gifts fail, or in the area of charitable trusts.
Currently Florida statute does not provide clear authorization for courts to apply the doctrine cy pres, but HB409 would change that.
“During the COVID19 pandemic our legislative office has been fielding thousands of calls and emails from across the state, supporting Floridians who are facing issues like eviction, foreclosure, bankruptcy, and domestic violence,” said Representative Anna V. Eskamani. “The options for legal representation in civil matters are limited, and as public servants, we often look towards legal aid organizations as a safety net for Floridians navigating these crises. But these organizations are overwhelmed and underfunding — passing this bill would help fix that without putting any additional weight on the state budget.”
Legal aid is a service essential to our communities – it is an economy builder, promotes Due Process and protects the Rule of Law. It prevents small legal issues from snowballing into large problems for veterans, children, the elderly, small business owners, and countless other working poor and vulnerable Floridians. A 2016 study found that civil legal assistance in Florida generates $7.19 of economic impact for every $1 spent on legal aid by federal, state and local governments and foundations.
“The Sixth Amendment of the US Constitution provides a right to counsel in criminal proceedings, but courts have not recognized a right to a lawyer in the vast majority of civil cases,” Representative Eskamani added. “This puts justice out of reach for low-income people, and undermines a fundamental principle of our nation, that: the amount of money a person has should not determine the quality of justice they receive. Passing HB409 would be an important step in ensuring justice for all.”
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