Senate Bill sb1184c1

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    Florida Senate - 2003                           CS for SB 1184

    By the Committee on Judiciary; and Senator Villalobos





    308-1972-03

  1                      A bill to be entitled

  2         An act relating to the judicial branch of

  3         government; amending s. 27.02, F.S.; requiring

  4         the state attorney to provide discovery

  5         materials to a defendant; providing for fees to

  6         be charged unless the defendant is indigent;

  7         amending s. 27.15, F.S.; providing for payment

  8         of expenses for a state attorney to assist in

  9         another circuit; amending ss. 27.34 and 27.54,

10         F.S.; prohibiting counties or municipalities

11         from funding the state attorneys' offices for

12         prosecution of violations of special laws or

13         ordinances; eliminating provisions authorizing

14         the use of funds for certain civil and criminal

15         proceedings; eliminating provisions requiring

16         counties to provide certain services and pay

17         certain fees, expenses, and costs incurred by

18         the state attorney or public defender; amending

19         s. 27.3455, F.S., relating to the annual

20         statement of revenues and expenditures;

21         conforming provisions to changes made by the

22         act; amending s. 27.51, F.S., relating to

23         duties of the public defender; specifying

24         additional indigent persons for whom the public

25         defender is required to secure representation;

26         amending s. 27.53, F.S.; providing criteria

27         relating to eligibility to be a special

28         assistant public defender; providing criteria

29         for determining whether a conflict of interest

30         exists; prohibiting withdrawal based solely on

31         lack of funding or excess workload; providing

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    Florida Senate - 2003                           CS for SB 1184
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 1         that circuit indigent representation committees

 2         approve qualifications; amending s. 27.562,

 3         F.S.; providing that certain funds must be

 4         remitted to the state, not to counties;

 5         amending s. 27.58, F.S.; providing for the

 6         administration of indigent representation

 7         services; redesignating certain public defender

 8         services as indigent representation services;

 9         amending s. 28.24, F.S., relating to service

10         charges by clerks of the circuit court;

11         providing charges for furnishing certain

12         records; directing the clerk to provide without

13         charge to any judge or justice access to and

14         copies of public records held by the clerk;

15         amending s. 29.001, F.S.; defining the elements

16         of the state courts system; providing for using

17         state revenue to pay certain costs associated

18         with those elements; specifying expenses that

19         counties must pay; amending s. 29.002, F.S.;

20         revising the basis for funding, to implement s.

21         14, Art. V of the State Constitution by a

22         specified date; amending s. 29.004, F.S.;

23         revising and expanding the list of elements of

24         the state courts system; amending s. 29.005,

25         F.S.; providing for funding state attorneys'

26         offices and paying prosecution expenses from

27         state revenues; providing for additional

28         expenses; amending s. 29.006, F.S.; revising

29         and expanding the list of elements of public

30         defenders' offices; amending s. 29.007, F.S.;

31         revising and expanding the list of elements of

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    Florida Senate - 2003                           CS for SB 1184
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 1         court-appointed counsel; providing for funding

 2         from state revenues; amending s. 29.008, F.S.,

 3         relating to county funding of court-related

 4         functions; redefining terms; providing

 5         standards that facilities and communications

 6         systems and services must meet to qualify for

 7         funding; providing for defining local

 8         requirements and adopting a budget therefor;

 9         amending s. 43.26, F.S.; redesignating the

10         presiding judge of the circuit as the chief

11         judge of the circuit; providing additional

12         powers of the chief judge; creating s. 40.001,

13         F.S.; specifying authority for the management

14         of the jury system; clarifying duties as to

15         administration and processing of jurors;

16         providing authority to the clerks of the

17         circuit courts to contract with the court for

18         specified services for jury processing;

19         amending ss. 92.153 and 395.3025, F.S.;

20         providing maximum charges for documents

21         produced pursuant to subpoenas or records

22         request issued by the state attorney or the

23         public defender; amending s. 925.035, F.S.;

24         amending standards for attorneys who handle

25         capital cases; revising procedures and

26         provisions relating to their compensation;

27         amending s. 925.036, F.S.; providing for the

28         circuit indigent representation committee to

29         fix the rate of compensation of certain

30         appointed counsel; prescribing the

31         qualifications of attorneys who represent

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    Florida Senate - 2003                           CS for SB 1184
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 1         indigent defendants; amending s. 925.037, F.S.;

 2         providing for the composition, staff, and

 3         responsibilities of circuit indigent

 4         representation committees; requiring the

 5         preparation and distribution of a statewide

 6         comparative budget report relating to circuit

 7         indigent representation committees by the

 8         Justice Administrative Commission; providing

 9         for the appropriation of funds for attorney's

10         fees and expenses in criminal conflict cases

11         and in child dependency cases and other

12         court-appointed attorney cases; providing that

13         the transfer of the funding source for the

14         state courts system shall not affect the

15         validity of pending proceedings; providing that

16         the entity responsible for providing

17         appropriations after July 1, 2004, shall be the

18         successor in interest to existing contracts;

19         providing that the successor in interest to

20         existing contracts is not responsible for

21         funding or payment of any service rendered

22         prior to July 1, 2004; repealing ss. 27.005,

23         27.006, 27.385, 29.011, and 40.02(3), F.S.,

24         relating to definitions, court reporting

25         services, budget expenditures, a pilot project

26         and the selection of jury lists; providing

27         effective dates.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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 1         Section 1.  Effective July 1, 2004, section 27.02,

 2  Florida Statutes, is amended to read:

 3         27.02  Duties before court.--

 4         (1)  The state attorney shall appear in the circuit and

 5  county courts within his or her judicial circuit and prosecute

 6  or defend on behalf of the state all suits, applications, or

 7  motions, civil or criminal, in which the state is a party,

 8  except as provided in chapters 39, 984, and 985.  The intake

 9  procedures of chapters 39, 984, and 985 shall apply as

10  provided therein.

11         (2)  The state attorney shall provide to the defendant

12  all discovery materials required pursuant to the applicable

13  rule of procedure and may charge fees as provided for in s.

14  119.07(1)(a) but may not exceed 15 cents for a copy of a

15  noncertified copy of a public record. However, fees may not be

16  charged under this subsection if the defendant has been

17  determined to be indigent by the court.

18         Section 2.  Effective July 1, 2004, subsection (2) of

19  section 27.15, Florida Statutes, is amended to read:

20         27.15  State attorneys to assist in other circuits.--

21         (2)  When any state attorney is required to go beyond

22  the limits of the circuit in which he or she holds office to

23  comply with this section or on other official business

24  performed at the direction of the Governor, the expenses that

25  would otherwise not have been incurred but for the executive

26  assignment incurred shall be borne by the state and shall be

27  paid from the appropriation provided by the state for the

28  state attorney who is being assisted in the discharge of his

29  or her duties circuit courts. Other costs attendant to the

30  prosecution of such cases shall be paid by the entity

31  

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    Florida Senate - 2003                           CS for SB 1184
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 1  obligated to pay the expense in the absence of an executive

 2  assignment.

 3         Section 3.  Effective July 1, 2004, section 27.34,

 4  Florida Statutes, is amended to read:

 5         27.34  Salaries and other related costs of state

 6  attorneys' offices; limitations.--

 7         (1)  A No county or municipality may not contract with,

 8  or shall appropriate or contribute funds to the operation of,

 9  the various state attorneys for the prosecution of, except

10  that a county or municipality may appropriate or contribute

11  funds to pay the salary of one assistant state attorney whose

12  sole function shall be to prosecute violations of special laws

13  or ordinances of the county or municipality. and may provide

14  Persons employed by the county or municipality may be provided

15  to the state attorney to serve as special investigators

16  pursuant to the provisions of s. 27.251.  However, any county

17  or municipality may contract with the state attorney of the

18  judicial circuit in which such county or municipality is

19  located for the prosecution of violations of county or

20  municipal ordinances.  In addition, a county or municipality

21  may appropriate or contribute funds to pay the salary of one

22  or more assistant state attorneys who are trained in the use

23  of the civil and criminal provisions of the Florida RICO Act,

24  chapter 895, and whose sole function is to investigate and

25  prosecute civil and criminal RICO actions when one or more

26  offenses identified in s. 895.02(1)(a) occur within the

27  boundaries of the municipality or county.

28         (2)  The state attorneys shall be provided by the

29  counties within their judicial circuits with such office

30  space, utilities, telephone service, custodial services,

31  library services, transportation services, and communication

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    Florida Senate - 2003                           CS for SB 1184
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 1  services as may be necessary for the proper and efficient

 2  functioning of these offices, except as otherwise provided in

 3  the General Appropriations Act. The state attorney's office

 4  shall also be provided with pretrial consultation fees for

 5  expert or other potential witnesses consulted before trial by

 6  the state attorney; travel expenses incurred in criminal cases

 7  by a state attorney in connection with out-of-jurisdiction

 8  depositions; out-of-state travel expenses incurred by

 9  assistant state attorneys or by investigators of state

10  attorneys while attempting to locate and interrogate witnesses

11  for the state attorney in the prosecution of a criminal case;

12  court reporter costs incurred by the state attorney during the

13  course of an investigation and criminal prosecution which

14  costs are certified by the state attorney as being useful and

15  necessary in the prosecution, provided that nothing herein

16  shall be construed to prohibit the county from contesting the

17  reasonableness of the expenditure in the court wherein the

18  criminal case is brought; postindictment and postinformation

19  deposition costs incurred by the state attorney during the

20  course of a criminal prosecution of an insolvent defendant

21  when such costs are certified by the state attorney as being

22  useful and necessary in the prosecution, provided that nothing

23  herein shall be construed to prohibit the county from

24  contesting the reasonableness of the expenditure in the court

25  wherein the criminal case is brought; and the cost of copying

26  depositions of state witnesses taken by the public defender,

27  court-appointed counsel, or private retained counsel, when

28  such costs are certified by the state attorney as being useful

29  and necessary in the prosecution, provided that nothing herein

30  shall be construed to prohibit the county from contesting the

31  reasonableness of the expenditure in the court wherein the

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 1  criminal case is brought. The office space to be provided by

 2  the counties shall not be less than the standards for space

 3  allotment adopted by the Department of Management Services,

 4  nor shall these services and office space be less than were

 5  provided in the prior fiscal year.

 6         (2)(3)  It is hereby prohibited for any state attorney

 7  to receive from any county or municipality any supplemental

 8  salary. However in judicial circuits with a population of 1

 9  million or more, state attorneys presently holding office and

10  now receiving a county supplement may continue to receive a

11  county salary supplement at the discretion of the counties for

12  the remainder of their term of office.

13         (3)(4)  Notwithstanding s. 27.25, the Insurance

14  Commissioner may contract with the state attorney of any

15  judicial circuit of the state for the prosecution of criminal

16  violations of the Workers' Compensation Law and related crimes

17  and may contribute funds for such purposes. Such contracts may

18  provide for the training, salary, and expenses of one or more

19  assistant state attorneys used in the prosecution of such

20  crimes.

21         Section 4.  Effective July 1, 2004, subsection (1),

22  paragraph (a) of subsection (2), and subsection (3) of section

23  27.3455, Florida Statutes, are amended to read:

24         27.3455  Annual statement of certain revenues and

25  expenditures.--

26         (1)  Each county shall submit annually to the

27  Comptroller a statement of revenues and expenditures as set

28  forth in this section in the form and manner prescribed by the

29  Comptroller in consultation with the Legislative Committee on

30  Intergovernmental Relations, provided that such statement

31  identify total county expenditures on:

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 1         (a)  Medical examiner services.

 2         (b)  County victim witness programs.

 3         (c)  Each of the services outlined in s. 29.008 ss.

 4  27.34(2) and 27.54(3).

 5         (d)  Appellate filing fees in criminal cases in which

 6  an indigent defendant appeals a judgment of a county or

 7  circuit court to a district court of appeal or the Florida

 8  Supreme Court.

 9         (e)  Other court-related costs of the state attorney

10  and public defender that were paid by the county where such

11  costs were included in a judgment or order rendered by the

12  trial court against the county.

13  

14  Such statement also shall identify the revenues provided by s.

15  938.05(1) that were used to meet or reimburse the county for

16  such expenditures.

17         (2)(a)  Within 6 months of the close of the local

18  government fiscal year, each county shall submit to the

19  Comptroller a statement of compliance from its independent

20  certified public accountant, engaged pursuant to s. 218.39,

21  that the certified statement of expenditures was in accordance

22  with s. 29.008 ss. 27.34(2), 27.54(3), and this section. All

23  discrepancies noted by the independent certified public

24  accountant shall be included in the statement furnished by the

25  county to the Comptroller.

26         (3)  The priority for the allocation of funds collected

27  pursuant to s. 938.05(1) shall be as follows:

28         (a)  Reimbursement to the county for actual county

29  expenditures incurred in providing the state attorney and

30  public defender the services outlined in s. 29.008 ss.

31  27.34(2) and 27.54(3), with the exception of facilities office

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 1  space, utilities, and maintenance, as these terms are defined

 2  in s. 29.008 custodial services.

 3         (b)  At the close of the local government fiscal year,

 4  funds remaining on deposit in the special trust fund of the

 5  county after reimbursements have been made pursuant to

 6  paragraph (a) shall be reimbursed to the county for actual

 7  county expenditures made in support of the operations and

 8  services of medical examiners, including the costs associated

 9  with the investigation of state prison inmate deaths. Special

10  county trust fund revenues used to reimburse the county for

11  medical examiner expenditures in any year shall not exceed $1

12  per county resident.

13         (c)  At the close of the local government fiscal year,

14  counties establishing or having in existence a comprehensive

15  victim-witness program which meets the standards set by the

16  Crime Victims' Services Office shall be eligible to receive 50

17  percent matching moneys from the balance remaining in the

18  special trust fund after reimbursements have been made

19  pursuant to paragraphs (a) and (b).  Special trust fund moneys

20  used in any year to supplement such programs shall not exceed

21  25 cents per county resident.

22         (d)  At the close of the local government fiscal year,

23  funds remaining in the special trust fund after reimbursements

24  have been made pursuant to paragraphs (a), (b), and (c) shall

25  be used to reimburse the county for county costs incurred in

26  the provision of facilities office space, utilities, and

27  maintenance, as these terms are defined in s. 29.008,

28  custodial services to the state attorney and public defender,

29  for county expenditures on appellate filing fees in criminal

30  cases in which an indigent defendant appeals a judgment of a

31  county or circuit court to a district court of appeal or the

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 1  Florida Supreme Court, and for county expenditures on

 2  court-related costs of the state attorney and public defender

 3  that were paid by the county, provided that such court-related

 4  costs were included in a judgment or order rendered by the

 5  trial court against the county.  Where a state attorney or a

 6  public defender is provided space in a county-owned facility,

 7  responsibility for calculating county costs associated with

 8  the provision of such office space, utilities, and maintenance

 9  custodial services is hereby vested in the Comptroller in

10  consultation with the Legislative Committee on

11  Intergovernmental Relations.

12         Section 5.  Effective July 1, 2004, section 27.51,

13  Florida Statutes, is amended to read:

14         27.51  Duties of public defender.--

15         (1)  The public defender shall represent, or secure

16  representation for, without additional compensation, any

17  person who is determined by the court to be indigent as

18  provided in s. 27.52 and who is:

19         (a)  Under arrest for, or is charged with, a felony;

20         (b)  Under arrest for, or is charged with, a

21  misdemeanor, a violation of chapter 316 which is punishable by

22  imprisonment, or criminal contempt, or a violation of a

23  municipal or county ordinance in the county court, unless the

24  court, prior to trial, files in the cause an order of no

25  imprisonment which states that the defendant will not be

26  imprisoned if he or she is convicted;

27         (c)  Alleged to be a delinquent child by pursuant to a

28  petition filed before a circuit court under s. 985.218; or

29         (d)  A parent who is a party or participant in a

30  pending dependency proceeding under s. 39.013;

31  

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 1         (e)  Alleged to be infected with a sexually transmitted

 2  disease and is sought to be isolated, hospitalized, or

 3  confined under s. 384.281;

 4         (f)  Alleged to be infected with active tuberculosis

 5  and is sought to be isolated, hospitalized, or confined under

 6  ss. 392.55 and 392.56;

 7         (g)  Alleged to be developmentally disabled and is

 8  sought to be involuntarily admitted to residential services

 9  under ss. 393.11 and 393.12;

10         (h)  Alleged to be mentally ill and who is sought to be

11  involuntary confined for evaluation or treatment under s.

12  394.467;

13         (i)  Alleged to be a sexually violent predator and who

14  is sought to be involuntarily confined for evaluation or

15  treatment under s. 394.916;

16         (j)  Alleged to be substance-abuse impaired and who is

17  sought to be involuntarily placed in treatment under s.

18  397.681;

19         (k)  Alleged to be incapacitated and whose liberty

20  interest is sought to be restricted by an involuntary

21  guardianship under s. 744.331;

22         (l)  Alleged to be a violator of parole, conditional

23  release, conditional medical release, or addiction-recovery

24  supervision when the public defender has entered into a

25  contract with the Control Release Authority under s.

26  947.146(7)(g); or

27         (m)  Alleged to meet the requirements of an adult in

28  need of protective services under s. 415.1051.

29         (d)  Sought by petition filed in such court to be

30  involuntarily placed as a mentally ill person or sexually

31  

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 1  violent predator or involuntarily admitted to residential

 2  services as a person with developmental disabilities.

 3         (2)  However, a public defender does not have the

 4  authority to represent any person who is a plaintiff in a

 5  civil action brought under the Florida Rules of Civil

 6  Procedure, the Federal Rules of Civil Procedure, or the

 7  federal statutes, or who is a petitioner in an administrative

 8  proceeding challenging a rule under chapter 120, unless

 9  specifically authorized by statute.

10         (3)(2)  The court may not appoint the public defender

11  to represent, even on a temporary basis, any person who is not

12  indigent.  The court, however, may appoint private counsel in

13  capital cases as provided in s. 925.035.

14         (4)(3)  Each public defender shall serve on a full-time

15  basis and is prohibited from engaging in the private practice

16  of law while holding office. Assistant public defenders shall

17  give priority and preference to their duties as assistant

18  public defenders and shall not otherwise engage in the

19  practice of criminal law.

20         (5)(4)  The public defender for a judicial circuit

21  enumerated in this subsection shall, after the record on

22  appeal is transmitted to the appellate court by the office of

23  the public defender which handled the trial and if requested

24  by any public defender within the indicated appellate

25  district, handle all felony appeals to the state and federal

26  courts required of the official making such request:

27         (a)  Public defender of the second judicial circuit, on

28  behalf of any public defender within the district comprising

29  the First District Court of Appeal.

30  

31  

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 1         (b)  Public defender of the tenth judicial circuit, on

 2  behalf of any public defender within the district comprising

 3  the Second District Court of Appeal.

 4         (c)  Public defender of the eleventh judicial circuit,

 5  on behalf of any public defender within the district

 6  comprising the Third District Court of Appeal.

 7         (d)  Public defender of the fifteenth judicial circuit,

 8  on behalf of any public defender within the district

 9  comprising the Fourth District Court of Appeal.

10         (e)  Public defender of the seventh judicial circuit,

11  on behalf of any public defender within the district

12  comprising the Fifth District Court of Appeal.

13         (6)(5)  When the public defender for a judicial circuit

14  enumerated in subsection (5) (4) has represented at trial a

15  person sentenced to death, the public defender shall not

16  represent that person in any direct appellate proceedings.

17  That public defender shall notify the Florida Supreme Court

18  within 10 days after filing a notice of appeal, and the Court

19  shall appoint another public defender enumerated in subsection

20  (5) (4) to represent the person in any direct appellate

21  proceedings.

22         (7)(6)(a)  When direct appellate proceedings prosecuted

23  by a public defender on behalf of an accused and challenging a

24  judgment of conviction and sentence of death terminate in an

25  affirmance of such conviction and sentence, whether by the

26  Florida Supreme Court or by the United States Supreme Court or

27  by expiration of any deadline for filing such appeal in a

28  state or federal court, the public defender shall notify the

29  accused of his or her rights pursuant to Rule 3.850, Florida

30  Rules of Criminal Procedure, including any time limits

31  pertinent thereto, and shall advise such person that

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 1  representation in any collateral proceedings is the

 2  responsibility of the capital collateral representative.  The

 3  public defender shall then forward all original files on the

 4  matter to the capital collateral representative, retaining

 5  such copies for his or her files as may be desired. However,

 6  the trial court shall retain the power to appoint the public

 7  defender or other attorney not employed by the capital

 8  collateral representative to represent such person in

 9  proceedings for relief by executive clemency pursuant to s.

10  925.035.

11         (b)  It is the intent of the Legislature that any

12  public defender representing an inmate in any collateral

13  proceedings in any court on June 24, 1985, shall continue

14  representation of that inmate in all postconviction

15  proceedings unless relieved of responsibility from further

16  representation by the court.

17         (8)(7)  A sum shall be appropriated to the public

18  defender of each judicial circuit enumerated in subsection (5)

19  (4) for the employment of assistant public defenders and

20  clerical employees and the payment of expenses incurred in

21  cases on appeal.

22         Section 6.  Effective July 1, 2004, subsections (2) and

23  (3) of section 27.53, Florida Statutes, are amended to read:

24         27.53  Appointment of assistants and other staff;

25  method of payment.--

26         (2)  Any member of The Florida Bar, in good standing,

27  may register his or her availability to the public defender of

28  any judicial circuit for acceptance of special assignments

29  without salary to represent indigent defendants.  Such persons

30  shall be listed and referred to as special assistant public

31  defenders and be paid a fee and costs and expenses as provided

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 1  in s. 925.036. A special assistant public defender may not

 2  reassign or subcontract a case to another attorney and may not

 3  permit an attorney who does not meet the eligibility and

 4  performance requirements set by the Florida Public Defenders

 5  Association and the Office of State Courts Administrator under

 6  s. 925.037 to appear at a critical stage of an indigent

 7  defendant's case. This subsection does not prohibit a

 8  certified intern with the public defender's office from

 9  appearing under appropriate supervision.

10         (3)  If, at any time during the representation of two

11  or more indigents, the public defender determines that the

12  interests of those accused are so adverse or hostile that they

13  cannot all be counseled by the public defender or his or her

14  staff without conflict of interest, or that none can be

15  counseled by the public defender or his or her staff because

16  of conflict of interest, the public defender shall file a

17  motion to withdraw and move the court to appoint other

18  counsel. In determining whether there is a conflict of

19  interest, each public defender shall apply the uniform

20  conflict standards adopted by the Florida Public Defender

21  Association. The court shall review and may inquire or conduct

22  a hearing into the adequacy of the public defender's

23  representations regarding a conflict of interest without

24  requiring the disclosure of any confidential communications.

25  The court shall permit withdrawal unless the court determines

26  that the asserted conflict is not prejudicial to the indigent

27  client. In no case shall the court approve a withdrawal by the

28  public defender based solely upon inadequacy of funding or

29  excess workload of the public defender. If the court grants

30  the motion to withdraw, it shall appoint one or more attorneys

31  who meet the eligibility and performance requirements set by

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 1  the Florida Public Defenders Association and the Office of

 2  State Courts Administrator under s. 925.037 may appoint one or

 3  more members of The Florida Bar, who are in no way affiliated

 4  with the public defender, in his or her capacity as such, or

 5  in his or her private practice, to represent those accused.

 6  However, The trial court shall appoint conflict such other

 7  counsel in the manner approved by the circuit indigent

 8  representation committee upon its own motion when the facts

 9  developed upon the face of the record and files in the cause

10  disclose such conflict.  The court shall advise the

11  appropriate public defender and clerk of court, in writing,

12  when making such appointment and state the conflict prompting

13  the appointment.  The appointed attorney shall be compensated

14  as provided in ss. s. 925.036 and 925.037.

15         Section 7.  Effective July 1, 2004, section 27.54,

16  Florida Statutes, is amended to read:

17         27.54  Expenditures for public defender's office.--

18         (1)  All payments for the salary of the public defender

19  and the necessary expenses of office, including salaries of

20  assistants and staff, shall be considered as being for a valid

21  public purpose.  Travel expenses shall be paid in accordance

22  with the provisions of s. 112.061.

23         (2)  A No county or municipality may not contract with,

24  or shall appropriate or contribute funds to, the operation of

25  the offices of the various public defenders for the purpose of

26  defending, except that a county or municipality may

27  appropriate or contribute funds to:

28         (a)  Pay the salary of one assistant public defender

29  whose sole function shall be to defend indigents charged with

30  violations of special laws or with violations of ordinances of

31  the county or municipality.

                                  17

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 1         (b)  Employ legal and support staff to be supervised by

 2  the public defender upon certification by the public defender

 3  that inadequate resources will result in withdrawal from

 4  current cases or inability to accept additional appointments.

 5         (3)  The public defenders shall be provided by the

 6  counties within their judicial circuits with such office

 7  space, utilities, telephone services, custodial services,

 8  library services, transportation services, and communication

 9  services as may be necessary for the proper and efficient

10  functioning of these offices, except as otherwise provided in

11  the General Appropriations Act.  The public defender's offices

12  shall also be provided with pretrial consultation fees for

13  expert or other potential witnesses consulted before trial by

14  the public defender; travel expenses incurred in criminal

15  cases by a public defender in connection with

16  out-of-jurisdiction depositions; out-of-state and

17  out-of-jurisdiction travel expenses incurred by public

18  defenders or by investigators of public defenders while

19  attempting to locate and interrogate witnesses for the public

20  defender in the defense of a criminal case; court reporter

21  costs incurred by the public defender during the course of an

22  investigation and criminal prosecution, which costs are

23  certified by the public defender as being useful and necessary

24  in the preparation of a criminal defense, provided that

25  nothing herein shall be construed to prohibit the county from

26  contesting the reasonableness of the expenditure in the court

27  wherein the criminal case is brought; postindictment and

28  postinformation deposition costs incurred by the public

29  defender during the course of a criminal prosecution of an

30  indigent defendant when such costs are certified by the public

31  defender as being useful and necessary in the preparation of a

                                  18

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 1  criminal defense, provided that nothing herein shall be

 2  construed to prohibit the county from contesting the

 3  reasonableness of the expenditure in the court wherein the

 4  criminal case is brought; and the cost of copying depositions

 5  of defense witnesses taken by the state attorney when such

 6  costs are certified by the public defender as being useful and

 7  necessary in the preparation of a criminal defense, provided

 8  that nothing herein shall be construed to prohibit the county

 9  from contesting the reasonableness of the expenditure in the

10  court wherein the criminal case is brought. The office space

11  and utilities to be provided by the counties shall not be less

12  than the standards for space allotment adopted by the

13  Department of Management Services.  The counties shall not

14  provide less of these services than were provided in the

15  previous fiscal year.

16         (4)  No public defender or assistant public defender

17  shall receive from any county or municipality any supplemental

18  salary, except as provided in this section.

19         Section 8.  Effective July 1, 2004, section 27.562,

20  Florida Statutes, is amended to read:

21         27.562  Disposition of funds.--All funds collected

22  pursuant to s. 938.29, except the application fee imposed

23  under s. 27.52, shall be remitted to the state for deposit

24  into the General Revenue Fund of the state board of county

25  commissioners of the county in which the judgment was entered.

26  Such funds shall be placed in the fine and forfeiture fund of

27  that county to be used to defray the expenses incurred by the

28  county in defense of criminal prosecutions.  All judgments

29  entered pursuant to this part shall be in the name of the

30  state and must be deposited into the General Revenue Fund of

31  the state county in which the judgment was rendered.

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 1         Section 9.  Effective July 1, 2004, section 27.58,

 2  Florida Statutes, is amended to read:

 3         27.58  Administration of indigent representation Public

 4  Defender services.--The public defender of each judicial

 5  circuit of the state shall be the chief administrator of all

 6  indigent representation services public defender services

 7  within the circuit whether such services are rendered by the

 8  state or by court-appointed attorneys county public defenders.

 9         Section 10.  Section 28.24, Florida Statutes, is

10  amended to read:

11         28.24  Service charges by clerk of the circuit

12  court.--The clerk of the circuit court shall make the

13  following charges for services rendered by the clerk's office

14  in recording documents and instruments and in performing the

15  duties enumerated. However, in those counties where the

16  clerk's office operates as a fiscal unit of the county

17  pursuant to s. 145.022(1), the clerk shall not charge the

18  county for such services. Notwithstanding any other provision

19  of this section, the clerk of the circuit court shall provide

20  without charge to any justice or judge, or any court staff

21  acting on behalf of any justice or judge, access to and copies

22  of any public records, notwithstanding the exempt or

23  confidential nature of such public records, which are held by

24  the clerk of the circuit court under general law or the Rules

25  of Judicial Administration.

26  

27                                                         Charges

28  

29         (1)  For court attendance by each clerk or deputy

30  clerk, per day..........................................$75.00

31         (2)  For court minutes, per page...................5.00

                                  20

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 1         (3)  For examining, comparing, correcting, verifying,

 2  and certifying transcripts of record in appellate proceedings,

 3  prepared by attorney for appellant or someone else other than

 4  clerk, per page...........................................3.00

 5         (4)  For preparing, numbering, and indexing an original

 6  record of appellate proceedings, per instrument...........2.00

 7         (5)  For certifying copies of any instrument in the

 8  public records............................................1.00

 9         (6)  For verifying any instrument presented for

10  certification prepared by someone other than clerk, per page

11  ......................................................... 2.00

12         (7)  For making and reporting payrolls of jurors to

13  State Comptroller, per page, per copy.....................5.00

14         (8)(a)  For making copies by photographic process of

15  any instrument in the public records consisting of pages of

16  not more than 14 inches by 8 1/2  inches, per page........1.00

17         (b)  For making copies by photographic process of any

18  instrument in the public records of more than 14 inches by 8

19  1/2  inches, per page.....................................5.00

20         (9)  For making microfilm copies of any public records:

21         (a)  16 mm 100' microfilm roll....................25.00

22         (b)  35 mm 100' microfilm roll....................35.00

23         (c)  Microfiche, per fiche.........................2.00

24         (10)  For copying any instrument in the public records

25  by other than photographic process, per page..............4.00

26         (11)  For writing any paper other than herein

27  specifically mentioned, same as for copying, including signing

28  and sealing...............................................4.00

29         (12)  For indexing each entry not recorded.........1.00

30         (13)  For receiving money into the registry of court:

31         (a)1.  First $500, percent........................... 2

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 1         2.  Each subsequent $100, percent.....................1

 2         (b)  Eminent domain actions, per deposit........$100.00

 3         (14)  For examining, certifying, and recording plats

 4  and for recording condominium exhibits larger than 14 inches

 5  by 8 1/2  inches:

 6         (a)  First page...................................30.00

 7         (b)  Each additional page.........................15.00

 8         (15)  For recording, indexing, and filing any

 9  instrument not more than 14 inches by 8 1/2  inches, including

10  required notice to property appraiser where applicable:

11         (a)  First page or fraction thereof................5.00

12         (b)  Each additional page or fraction thereof......4.00

13         (c)  For indexing instruments recorded in the official

14  records which contain more than four names, per additional

15  name......................................................1.00

16         (d)  An additional service charge shall be paid to the

17  clerk of the circuit court to be deposited in the Public

18  Records Modernization Trust Fund for each instrument listed in

19  s. 28.222, except judgments received from the courts and

20  notices of lis pendens, recorded in the official records:

21         1.  First page.....................................1.00

22         2.  Each additional page...........................0.50

23  

24  Said fund shall be held in trust by the clerk and used

25  exclusively for equipment and maintenance of equipment,

26  personnel training, and technical assistance in modernizing

27  the public records system of the office.  In a county where

28  the duty of maintaining official records exists in an office

29  other than the office of the clerk of the circuit court, the

30  clerk of the circuit court is entitled to 25 percent of the

31  moneys deposited into the trust fund for equipment,

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 1  maintenance of equipment, training, and technical assistance

 2  in modernizing the system for storing records in the office of

 3  the clerk of the circuit court.  The fund may not be used for

 4  the payment of travel expenses, membership dues, bank charges,

 5  staff-recruitment costs, salaries or benefits of employees,

 6  construction costs, general operating expenses, or other costs

 7  not directly related to obtaining and maintaining equipment

 8  for public records systems or for the purchase of furniture or

 9  office supplies and equipment not related to the storage of

10  records. On or before December 1, 1995, and on or before

11  December 1 of each year immediately preceding each year during

12  which the trust fund is scheduled for legislative review under

13  s. 19(f)(2), Art. III of the State Constitution, each clerk of

14  the circuit court shall file a report on the Public Records

15  Modernization Trust Fund with the President of the Senate and

16  the Speaker of the House of Representatives. The report must

17  itemize each expenditure made from the trust fund since the

18  last report was filed; each obligation payable from the trust

19  fund on that date; and the percentage of funds expended for

20  each of the following:  equipment, maintenance of equipment,

21  personnel training, and technical assistance.  The report must

22  indicate the nature of the system each clerk uses to store,

23  maintain, and retrieve public records and the degree to which

24  the system has been upgraded since the creation of the trust

25  fund.

26         (16)  Oath, administering, attesting, and sealing, not

27  otherwise provided for herein.............................2.00

28         (17)  For validating certificates, any authorized

29  bonds, each...............................................2.00

30         (18)  For preparing affidavit of domicile..........5.00

31  

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 1         (19)  For exemplified certificates, including signing

 2  and sealing...............................................4.00

 3         (20)  For authenticated certificates, including signing

 4  and sealing...............................................4.00

 5         (21)(a)  For issuing and filing a subpoena for a

 6  witness, not otherwise provided for herein (includes writing,

 7  preparing, signing, and sealing)..........................4.00

 8         (b)  For signing and sealing only..................1.00

 9         (22)  For issuing venire facias (includes writing,

10  preparing, signing, and sealing)..........................5.00

11         (23)  For paying of witnesses and making and reporting

12  payroll to State Comptroller, per copy, per page..........5.00

13         (24)  For approving bond...........................5.00

14         (25)  For searching of records, for each year's search

15  ..........................................................1.00

16         (26)  For processing an application for a tax deed sale

17  (includes application, sale, issuance, and preparation of tax

18  deed, and disbursement of proceeds of sale), other than excess

19  proceeds.................................................60.00

20         (27)  For disbursement of excess proceeds of tax deed

21  sale, first $100 or fraction thereof.....................10.00

22         (28)  Upon receipt of an application for a marriage

23  license, for preparing and administering of oath; issuing,

24  sealing, and recording of the marriage license; and providing

25  a certified copy.........................................20.00

26         (29)  For solemnizing matrimony...................20.00

27         (30)  For sealing any court file or expungement of any

28  record...................................................25.00

29         (31)  For receiving and disbursing all restitution

30  payments, per payment.....................................2.00

31  

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 1         (32)  Postal charges incurred by the clerk of the

 2  circuit court in any mailing by certified or registered mail

 3  shall be paid by the party at whose instance the mailing is

 4  made.

 5         (33)  For furnishing an electronic copy of information

 6  contained in a computer database: a fee as provided for in

 7  chapter 119.

 8         (34)  For furnishing records pursuant to a subpoena or

 9  records request by a state attorney or public defender, a fee

10  as provided for in chapter 119 but such charge may not exceed

11  15 cents per copy for a noncertified copy of a public record.

12         Section 11.  Effective July 1, 2004, section 29.001,

13  Florida Statutes, is amended to read:

14         29.001  Intent; State courts system essential elements

15  and definitions; funding through filing fees, service charges,

16  and costs; county responsibilities.--

17         (1)  It is the intent of the Legislature that, For the

18  purpose of implementing s. 14, Art. V of the State

19  Constitution, the state courts system is be defined to include

20  the enumerated essential elements of the Supreme Court,

21  district courts of appeal, circuit courts, county courts, and

22  certain essential supports thereto.  Similarly, The offices of

23  public defenders and state attorneys shall include those

24  essential elements as determined by general law. Further, the

25  state attorneys' offices are defined to include the enumerated

26  essential elements of the 20 state attorneys' offices and the

27  enumerated public defenders' offices are defined to include

28  the essential elements of the 20 public defenders' offices.

29  Court-appointed counsel are defined as counsel appointed to

30  ensure due process in criminal and civil proceedings in

31  accordance with state and federal constitutional guarantees.

                                  25

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 1  Funding for the state courts system, the state attorneys'

 2  offices, the public defenders' offices, and court-appointed

 3  counsel, except as otherwise provided in subsection (3), shall

 4  be provided from state revenues appropriated by general law.

 5         (2)  All funding for the court-related functions of the

 6  offices of the clerks of the circuit and county courts shall

 7  be provided by adequate and appropriate filing fees for

 8  judicial proceedings and service charges and costs for

 9  performing court-related functions.

10         (3)  Pursuant to general law, Counties are shall be

11  required to fund the cost of communications services, existing

12  radio systems, existing multiagency criminal justice

13  information systems, and the cost of construction or lease,

14  maintenance, utilities, and security of facilities for the

15  circuit courts and county courts, public defenders' offices,

16  state attorneys' offices, and the offices of the clerks of the

17  circuit and county courts, as defined by statute general law.

18  In addition, the counties will continue to fund existing

19  elements of the state courts system, state attorneys' offices,

20  public defenders' offices, court-appointed counsel, and the

21  offices of the clerks of the circuit and county courts

22  performing court-related functions, consistent with current

23  law and practice, until such time as the Legislature expressly

24  assumes the responsibility for funding those elements.

25  Counties are financially responsible for the payment of all

26  reasonable and necessary salaries, costs, and expenses of the

27  state court system to meet local requirements as defined by s.

28  29.008. Counties will fund the cost of criminal cases filed by

29  the Office of Statewide Prosecution. Additionally, the

30  Legislature will define by general law those local

31  requirements of the state courts system for which the counties

                                  26

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 1  must pay reasonable and necessary salaries, costs, and

 2  expenses.

 3         (4)  Although a program or function currently may be

 4  funded by the state or prescribed or established in general

 5  law, this does not designate the program or function as an

 6  essential element of the state courts system, state attorneys'

 7  offices, public defenders' offices, or the offices of the

 8  circuit and county court clerks performing court-related

 9  functions as described in s. 14, Art. V of the State

10  Constitution.

11         Section 12.  Effective July 1, 2004, subsection (1) of

12  section 29.002, Florida Statutes, is amended to read:

13         29.002  Basis for funding.--

14         (1)  For the purpose of implementing s. 14, Art. V of

15  the State Constitution on or before July 1, 2004, the

16  Legislature's appropriation of funding in the General

17  Appropriations Act for appropriate salaries, costs, and

18  expenses pursuant to s. 14, Art. V of the State Constitution

19  shall be based upon reliable and auditable data substantiating

20  the revenues and expenditures associated with each essential

21  element.

22         Section 13.  Effective July 1, 2004, section 29.004,

23  Florida Statutes, is amended to read:

24         29.004  State courts system.--

25         (1)  For purposes of implementing s. 14, Art. V of the

26  State Constitution, the essential elements of the state courts

27  system to be provided from state revenues appropriated by

28  general law are as follows:

29         (a)(1)  Judges appointed or elected pursuant to

30  chapters 25, 26, 34, and 35, and essential staff, expenses,

31  and costs as determined by general law.

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 1         (b)(2)  Juror compensation and expenses and reasonable

 2  juror accommodations when necessary.

 3         (c)(3)  Reasonable Court reporting services necessary

 4  to meet constitutional requirements.

 5         (4)  Auxiliary aids and services for qualified

 6  individuals with a disability which are necessary to ensure

 7  access to the courts. Such auxiliary aids and services

 8  include, but are not limited to, sign-language interpreters,

 9  translators, real-time transcription services for individuals

10  who are hearing impaired, and assistive listening devices.

11  This section does not include physical modifications to court

12  facilities; noncourtroom communication services; or other

13  accommodations, auxiliary aids, or services for which the

14  counties are responsible pursuant to s. 14, Art. V of the

15  State Constitution.

16         (d)(5)  Construction or lease of facilities,

17  maintenance, utilities, and security for the district courts

18  of appeal and the Supreme Court.

19         (e)(6)  Court foreign language interpretation and

20  translation and sign-language interpreters and translators

21  essential to comply with constitutional requirements.

22         (f)  Court expert witnesses and other court witnesses.

23         (g)  Legal support to judges.

24         (h)  Masters and hearing officers.

25         (i)  Court administration.

26         (j)  Case management. Case management includes:

27         1.  Initial review and evaluation;

28         2.  Case differentiation;

29         3.  Pro se assistance, not including legal advice;

30         4.  Case monitoring and tracking;

31         5.  Scheduling of events;

                                  28

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 1         6.  Coordination of cases;

 2         7.  Service referral, coordination, monitoring,

 3         and tracking; 

 4         8.  Statistical analysis; and

 5         9.  Treatment-based drug court programs under s.

 6         397.334.

 7  

 8  Case management shall not include case intake and records

 9  management conducted by the clerk of court.

10         (k)  Mediation-alternate dispute resolution.

11         (l)(7)  Staff and expenses of The Judicial

12  Qualifications Commission.

13         (m)  Offices of the appellate clerks and marshals and

14  appellate law libraries.

15         (n)  Investigation and assessment of the indigency of

16  any person who seeks a waiver of court costs and fees, or any

17  portion thereof, or applies for representation by a public

18  defender or private attorney.

19         (2)  Included within the definition of each element

20  listed in this section shall be the associated staff,

21  expenses, and costs, and the computer systems and equipment,

22  including computer hardware and software, modems, printers,

23  computer support staff, training, and supplies, determined by

24  the Legislature to be reasonably required to provide the

25  element.

26         Section 14.  Effective July 1, 2004, section 29.005,

27  Florida Statutes, is amended to read:

28         29.005  State attorneys' offices and prosecution

29  expenses.--For purposes of implementing s. 14, Art. V of the

30  State Constitution, the essential elements of the state

31  

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 1  attorneys' offices to be provided from state revenues

 2  appropriated by general law are as follows:

 3         (1)  The state attorney of each judicial circuit and

 4  assistant state attorneys and other essential staff as

 5  determined by general law.

 6         (2)  Reasonable court reporting services necessary to

 7  meet constitutional or statutory requirements, including the

 8  cost of copying depositions of witnesses and the cost of

 9  foreign language interpreters and translation and

10  sign-language interpreters.

11         (3)  Witnesses summoned to appear for an investigation,

12  preliminary hearing, or trial in a criminal case when the

13  witnesses are summoned by a state attorney; mental health

14  professionals who are appointed pursuant to s. 394.473 and

15  required in a court hearing involving an indigent; and expert

16  witnesses who are appointed pursuant to s. 916.115(2) and

17  required in a court hearing involving an indigent; and any

18  other expert witnesses approved by the court.

19         (4)  Reasonable transportation services.

20         (5)  Reasonable travel expenses.

21         (6)  Reasonable library services, other than a public

22  law library.

23         Section 15.  Effective July 1, 2004, section 29.006,

24  Florida Statutes, is amended to read:

25         29.006  Public defenders and indigent defense

26  costs.--For purposes of implementing s. 14, Art. V of the

27  State Constitution, the essential elements of the public

28  defenders' offices to be provided from state revenues

29  appropriated by general law are as follows:

30  

31  

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 1         (1)  The public defender of each judicial circuit and

 2  assistant public defenders and other essential staff as

 3  determined by general law.

 4         (2)  Reasonable court reporting services necessary to

 5  meet constitutional or statutory requirements, including the

 6  cost of copying depositions of witnesses and the cost of

 7  foreign-language interpreters and translation and

 8  sign-language interpreters.

 9         (3)  Witnesses summoned to appear for an investigation,

10  preliminary hearing, or trial in a criminal case when the

11  witnesses are summoned on behalf of an indigent defendant;

12  mental health professionals who are appointed pursuant to s.

13  394.473 and required in a court hearing involving an indigent;

14  and expert witnesses who are appointed pursuant to s.

15  916.115(2) and required in a court hearing involving an

16  indigent; and any other expert witnesses approved by the

17  court.

18         (4)  Reasonable transportation services.

19         (5)  Reasonable travel expenses.

20         (6)  Reasonable library services, other than a public

21  law library.

22         Section 16.  Effective July 1, 2004, section 29.007,

23  Florida Statutes, is amended to read:

24         29.007  Court-appointed counsel.--For purposes of

25  implementing s. 14, Art. V of the State Constitution, the

26  essential elements of court-appointed counsel to be provided

27  from state revenues appropriated by general law are as

28  follows:

29         (1)  Private attorneys assigned by the court to handle

30  cases where the defendant is indigent and cannot be

31  

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 1  represented by the public defender under ss. 27.53, 925.035,

 2  and 925.037.

 3         (2)  Private attorneys appointed by the court to

 4  represent indigents or other classes of litigants in civil

 5  proceedings requiring court-appointed counsel in accordance

 6  with state and federal constitutional guarantees and federal

 7  and state statutes.

 8         (3)  Reasonable court reporting services necessary to

 9  meet constitutional or statutory requirements, including the

10  cost of copying depositions of witnesses and the cost of

11  foreign-language interpreters and translation and

12  sign-language interpreters.

13         (4)  Witnesses summoned to appear for an investigation,

14  preliminary hearing, or trial in a criminal case when the

15  witnesses are summoned on behalf of an indigent defendant;

16  mental health professionals who are appointed pursuant to s.

17  394.473 and required in a court hearing involving an indigent;

18  and expert witnesses who are appointed pursuant to s.

19  916.115(2) and required in a court hearing involving an

20  indigent; and any other expert witnesses approved by the

21  court.

22         (5)  Investigating and assessing the indigency of any

23  person who seeks a waiver of court costs and fees, or any

24  portion thereof, or applies for representation by a public

25  defender or private attorney.

26         Section 17.  Effective July 1, 2004, section 29.008,

27  Florida Statutes, is amended to read:

28         29.008  County funding of court-related functions.--

29         (1)  Counties are required by s. 14, Art. V of the

30  State Constitution to fund the cost of communications

31  services, existing radio systems, existing multiagency

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 1  criminal justice information systems, and the cost of

 2  construction or lease, maintenance, utilities, and security of

 3  facilities for the circuit and county courts, public

 4  defenders' offices, state attorneys' offices, and the offices

 5  of the clerks of the circuit and county courts performing

 6  court-related functions. For purposes of implementing these

 7  requirements, the term:

 8         (a)  "Facility" means reasonable and necessary

 9  buildings and space, structures, real estate, easements, and

10  related interests in real estate, including, but not limited

11  to, those for the purpose of housing personnel, equipment, or

12  functions of the circuit or county courts, public defenders'

13  offices, state attorneys' offices, and court-related functions

14  of the office of the clerks of the circuit and county courts

15  and all storage. The term also includes access to parking for

16  such facilities in connection with such court-related

17  functions that may be available free or from a private

18  provider or a local government for a fee. The office space

19  provided by a county may not be less than the standards for

20  space allotment adopted by the Department of Management

21  Services, nor may these services and office space be less than

22  were provided in the previous fiscal year. County funding must

23  include physical modifications and improvements to court

24  facilities as are required for compliance with the Americans

25  with Disabilities Act.

26         (b)  "Construction or lease" includes, but is not

27  limited to, all reasonable and necessary costs of the

28  acquisition or lease of facilities, equipment, and furnishings

29  for all judicial officers, staff, jurors, volunteers of a

30  tenant agency, and the public for the circuit and county

31  courts, the public defenders' offices, state attorneys'

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 1  offices, and for performing the court-related functions of the

 2  offices of the clerks of the circuit and county courts.  This

 3  includes expenses related to financing such facilities and the

 4  existing and future cost and bonded indebtedness associated

 5  with placing the facilities in use.

 6         (c)  "Maintenance" includes, but is not limited to, all

 7  reasonable and necessary costs of custodial and groundskeeping

 8  services and renovation and reconstruction as needed to

 9  accommodate functions for the circuit and county courts, the

10  public defenders' offices, and state attorneys' offices and

11  for performing the court-related functions of the offices of

12  the clerks of the circuit and county court and for maintaining

13  the facilities in a condition appropriate and safe for the use

14  intended.

15         (d)  "Utilities" means all electricity services for

16  light, heat, or power; natural or manufactured gas services

17  for light, heat, or power; water and wastewater services and

18  systems, stormwater or runoff services and systems, sewer

19  services and systems, all costs or fees associated with these

20  services and systems, and any costs or fees associated with

21  the mitigation of environmental impacts directly related to

22  the facility.

23         (e)  "Security" includes but is not limited to, all

24  reasonable and necessary costs of services of law enforcement

25  officers or licensed security guards and all electronic,

26  cellular, or digital monitoring and screening devices

27  necessary to ensure the safety and security of all persons

28  visiting or working in a facility; to provide for security of

29  the facility, including protection of property owned by the

30  county or the state; and for security of prisoners brought to

31  any facility.  This includes bailiffs while providing

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 1  courtroom and other security for each judge and other

 2  quasi-judicial officers.

 3         (f)  "Communications systems or communications

 4  services" are defined as any reasonable and necessary

 5  transmission, emission, and reception of signs, signals,

 6  writings, images, and sounds of intelligence of any nature by

 7  wire, radio, optical, or other electromagnetic systems and

 8  includes all facilities and equipment owned, leased, or used

 9  by judges, clerks, public defenders, state attorneys, and all

10  staff of the state courts system, state attorneys' offices,

11  public defenders' offices, and clerks of the circuit and

12  county courts performing court-related functions.  Such system

13  or services shall include, but not be limited to:

14         1.  All telephone services and equipment, including

15  facsimile, wireless communications, video teleconferencing,

16  pagers, computer lines, and telephone switching equipment and

17  the maintenance, supplies, hardware, software, and line

18  charges, including local and long-distance toll charges, and

19  support staff or services necessary for operation.

20         2.  All computer systems and equipment, including

21  computer hardware and software, modems, printers, wiring,

22  network connections, maintenance, support staff or services,

23  training, supplies, and line charges necessary for an

24  integrated computer system to support the operations and

25  management of the state courts system, the offices of the

26  public defenders, the offices of the state attorneys, and the

27  offices of the clerks of the circuit and county courts and the

28  capability to connect those entities and reporting data to the

29  state as required for the transmission of revenue, performance

30  accountability, case management, data collection, budgeting,

31  and auditing purposes.

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 1         3.  Postage, printed documents, radio, courier

 2  messenger and subpoena services, support services, all

 3  maintenance, supplies, and line charges.

 4         4.  Auxiliary aids and services for qualified

 5  individuals with a disability which are necessary to ensure

 6  access to the courts. Such auxiliary aids and services

 7  include, but are not limited to, real-time transcription

 8  services for individuals who are hearing impaired, and

 9  assistive listening devices and the equipment necessary to

10  implement such accommodations.

11         (g)  "Existing radio systems" includes, but is not

12  limited to, law enforcement radio systems that are used by the

13  circuit and county courts, the offices of the public

14  defenders, the offices of the state attorneys, and for

15  court-related functions of the offices of the clerks of the

16  circuit and county courts.  This includes radio systems that

17  were operational or under contract at the time Revision No. 7,

18  1998, to Art. V of the State Constitution was adopted and any

19  enhancements made thereafter, the maintenance of those

20  systems, and the personnel and supplies necessary for

21  operation.

22         (h)  "Existing multiagency criminal justice information

23  systems" includes, but is not limited to, those components of

24  the multiagency criminal justice information system as defined

25  in s. 943.045, supporting the offices of the circuit or county

26  courts, the public defenders' offices, the state attorneys'

27  offices, or those portions of the offices of the clerks of the

28  circuit and county courts performing court-related functions

29  that are used to carry out the court-related activities of

30  those entities. This includes upgrades and maintenance of the

31  current equipment, maintenance and upgrades of supporting

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 1  technology infrastructure and associated staff, and services

 2  and expenses to assure continued information sharing and

 3  reporting of information to the state.  The counties shall

 4  also provide additional information technology services,

 5  hardware, and software as needed for new judges and staff of

 6  the state courts system, state attorneys' offices, public

 7  defenders' offices, and the offices of the clerks of the

 8  circuit and county courts performing court-related functions.

 9         (2)  Counties shall pay reasonable and necessary

10  salaries, costs, and expenses of the state courts system,

11  including associated staff and expenses, to meet local

12  requirements as determined by general law.

13         (a)  Local requirements are those specialized programs,

14  nonjudicial staff, and other expenses associated with

15  specialized courts, specialized prosecution needs, or

16  resources which are needed in a local jurisdiction as a result

17  of special factors or circumstances. Local requirements exist

18  when:

19         1.  The county has enacted an ordinance, adopted a

20  local program, or funded activities that have a financial or

21  operational impact on the circuit or a county within the

22  circuit; or

23         2.  There are circumstances in a given circuit or

24  county which have resulted in or necessitate implementation of

25  specialized programs, the provision of nonjudicial staff and

26  expenses to specialized courts, special prosecution needs, or

27  the commitment of resources to the court's jurisdiction.

28         (b)  Factors and circumstances that result in the

29  establishment of a local requirement based on subparagraph

30  (a)2. include, but are not limited to:

31         1.  Geographic factors;

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 1         2.  Demographic factors;

 2         3.  Labor market forces;

 3         4.  The number and location of court facilities; or

 4         5.  The volume, severity, complexity, or mix of court

 5  cases.

 6         (c)  Local requirements must be determined by the

 7  following method:

 8         1.  The chief judge of the circuit or the chief judge's

 9  designee shall list all local requirements that exist within

10  the circuit or within each county in the circuit and shall

11  identify the reasonable and necessary salaries, costs, and

12  expenses to provide such local requirements.

13         2.  On or before June 1 of each year, the chief judge

14  shall submit to the board of county commissioners a tentative

15  budget for local requirements for the ensuing fiscal year. The

16  tentative budget must certify a listing of all local

17  requirements and the reasonable and necessary salaries, costs,

18  and expenses of each local requirement. However, the board of

19  county commissioners may, by resolution, require the

20  certification to be submitted earlier.

21         3.  The board of county commissioners shall include the

22  certified amounts for local requirements in its adopted

23  tentative budget and in the summary statement of the county

24  budget prepared and noticed in accordance with s. 129.03 and

25  shall thereafter treat the certification in accordance with

26  the county's budgetary procedures.

27         (3)  A county may, at its discretion, provide

28  additional financial support for the court system, state

29  attorneys, or public defenders.

30         Section 18.  Section 43.26, Florida Statutes, is

31  amended to read:

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 1         43.26  Chief Presiding judge of circuit; selection;

 2  powers.--

 3         (1)  The chief presiding judge of each judicial

 4  circuit, who shall be a circuit judge, shall exercise

 5  administrative supervision over all the trial courts within

 6  the judicial circuit and over the judges and other officers of

 7  such courts.

 8         (2)  The chief presiding judge of the circuit shall

 9  have the power:

10         (a)  To assign judges to any division of the court the

11  trial of civil or criminal cases, to preliminary hearings, or

12  to divisions and to determine the length of the assignment;

13         (b)  To assign clerks and bailiffs;

14         (b)(c)  To regulate use of courtrooms;

15         (c)(d)  To supervise dockets and calendars;

16         (d)(e)  To require attendance of prosecutors, and

17  public defenders, clerks, and bailiffs; and

18         (e)(f)  To do everything necessary to promote the

19  prompt and efficient administration of justice in the courts

20  over which he or she is chief judge presides.

21         (f)  To delegate to the trial court administrator, by

22  administrative order, the authority to bind the circuit in

23  contract.

24         (3)  The chief presiding judge shall be responsible to

25  the Chief Justice of the Supreme Court for such information as

26  may be required by the Chief Justice, including, but not

27  limited to, caseload, status of dockets, and disposition of

28  cases in the courts over which he or she presides.

29         (4)  The chief presiding judge of the circuit shall be

30  selected by a majority of the judges subject to this section

31  

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 1  in that circuit for a term of 2 years. The chief presiding

 2  judge may succeed himself or herself for successive terms.

 3         (5)  Failure of any judge, clerk, prosecutor, public

 4  defender, or other officer of the court to comply with an

 5  order or directive of the chief presiding judge under this

 6  section shall constitute neglect of duty for which such

 7  officer may be suspended from office as provided by law.

 8         (6)  There may be an executive assistant to the chief

 9  presiding judge who shall perform such duties as the chief

10  presiding judge may direct.

11         Section 19.  Section 40.001, Florida Statutes, is

12  created to read:

13         40.001  Chief judge; authority; duties.--The chief

14  judge of each judicial circuit is vested with overall

15  authority and responsibility for the management, operation,

16  and oversight of the jury system within his or her circuit.

17  However, in accordance with this chapter and chapter 905, the

18  clerk of the circuit court has specific responsibilities

19  regarding the processing of jurors, including, but not limited

20  to, qualifications, summons, selection list, reporting, and

21  compensation of jurors. The clerk of the courts may contract

22  with the chief judge for the court's assistance in the

23  provision of services to process jurors. The chief judge may

24  also designate to the clerk of the circuit court additional

25  duties consistent with established uniform standards of jury

26  management practices that the Supreme Court may adopt by rule

27  or issue through an administrative order.

28         Section 20.  Paragraph (a) of subsection (2) of section

29  92.153, Florida Statutes, is amended to read:

30         92.153  Production of documents by witnesses;

31  reimbursement of costs.--

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 1         (2)  REIMBURSEMENT OF A DISINTERESTED WITNESS.--

 2         (a)  In any proceeding, a disinterested witness shall

 3  be paid for any costs the witness reasonably incurs either

 4  directly or indirectly in producing, searching for,

 5  reproducing, or transporting documents pursuant to a summons;

 6  however, the cost of documents produced pursuant to a subpoena

 7  or records request by a state attorney or public defender may

 8  not exceed 15 cents per page and $10 per hour for research or

 9  retrieval.

10         Section 21.  Paragraph (d) of subsection (4) of section

11  395.3025, Florida Statutes, is amended to read:

12         395.3025  Patient and personnel records; copies;

13  examination.--

14         (4)  Patient records are confidential and must not be

15  disclosed without the consent of the person to whom they

16  pertain, but appropriate disclosure may be made without such

17  consent to:

18         (d)  The patient or his or her legal representative in

19  any civil or criminal action, unless otherwise prohibited by

20  law, upon the issuance of a subpoena from a court of competent

21  jurisdiction and proper notice by the party seeking such

22  records. However, the cost of documents produced pursuant to

23  subpoena or records request by a state attorney or public

24  defender may not exceed 15 cents per page and $10 per hour for

25  research or retrieval to the patient or his or her legal

26  representative.

27         Section 22.  Effective July 1, 2004, section 925.035,

28  Florida Statutes, is amended to read:

29         925.035  Appointment and compensation of attorneys an

30  attorney in capital cases; appeals from judgments imposing the

31  death penalty.--

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 1         (1)  If the court determines that the defendant in a

 2  capital case is insolvent and desires counsel, it shall

 3  appoint a public defender to represent the defendant.  If the

 4  public defender appointed to represent two or more defendants

 5  found to be insolvent determines that neither the public

 6  defender nor her or his staff can counsel all of the accused

 7  without conflict of interest, it shall be the public

 8  defender's duty to move the court to appoint one or more

 9  members of The Florida Bar, who are in no way affiliated with

10  the public defender in her or his capacity as such or in her

11  or his private practice, to represent those accused.  The

12  attorney shall be allowed compensation, as provided for in ss.

13  s. 925.036 and 925.037, for representing a defendant. All

14  attorneys handling capital cases must meet the minimum

15  standard for attorneys in capital cases adopted by the Florida

16  Supreme Court and the eligibility and performance standards

17  set by the Florida Public Defenders Association and the Office

18  of the State Courts Administrator.

19         (2)  If the defendant is convicted and the death

20  sentence is imposed, the appointed attorney shall perfect

21  prosecute an appeal to the Supreme Court. The attorney shall

22  be compensated as provided for in s. 925.036.  If the attorney

23  first appointed is unable to handle prosecute the appeal, the

24  court shall appoint another attorney who meets the minimum

25  standard for attorneys in capital cases adopted by the Supreme

26  Court and the eligibility and performance standards set by the

27  Florida Public Defenders Association and the Office of the

28  State Courts Administrator and the attorney shall be

29  compensated as provided for in s. 925.036.

30  

31  

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 1         (3)  If there is a second trial of the same case, the

 2  appointed conflict attorney shall be compensated as provided

 3  for in ss. s. 925.036 and 925.037.

 4         (4)  If the death sentence is imposed and is affirmed

 5  on appeal to the Supreme Court, the appointed conflict

 6  attorney shall be allowed compensation, not to exceed $1,000,

 7  for attorney's fees and costs incurred in representing the

 8  defendant as to an application for executive clemency, such

 9  compensation to be paid out of general revenue from funds

10  budgeted to the Department of Corrections.  The public

11  defender or a conflict an attorney appointed pursuant to this

12  section may be appointed by the trial court that rendered the

13  judgment imposing the death penalty, to represent an indigent

14  defendant who has applied for executive clemency as relief

15  from the execution of the judgment imposing the death penalty.

16         (5)  When the appointed attorney in a capital case has

17  completed the duties imposed by this section, the attorney

18  shall file a written report in the trial court stating the

19  duties performed by her or him and apply for discharge.

20         (6)  All costs that a county is required to pay

21  pursuant to s. 29.008 compensation and costs provided for in

22  this section, except as provided in subsection (4), shall be

23  paid by the county in which the trial is held unless the trial

24  was moved to that county on the ground that a fair and

25  impartial trial could not be held in another county, in which

26  event the compensation and costs shall be paid by the original

27  county from which the cause was removed.

28         Section 23.  Effective July 1, 2004, section 925.036,

29  Florida Statutes, is amended to read:

30         925.036  Appointed counsel; compensation; reassignment

31  of case prohibited.--

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 1         (1)  An attorney appointed pursuant to s. 925.035, s.

 2  27.51, or s. 27.53 shall, at the conclusion of the

 3  representation, be compensated at a an hourly rate fixed by

 4  the circuit indigent representation committee, under s.

 5  925.037, chief judge or senior judge of the circuit in an

 6  amount not to exceed the prevailing hourly rate for similar

 7  representation rendered in the circuit; however, such

 8  compensation shall not exceed the maximum fee limits

 9  established by this section.  In addition, such attorney shall

10  be reimbursed for expenses reasonably incurred, including the

11  costs of transcripts authorized by the court.  If the attorney

12  is representing a defendant charged with more than one offense

13  in the same case, the attorney shall be compensated at the

14  rate provided for the most serious offense for which she or he

15  represented the defendant. This section does not allow

16  stacking of the fee limits established by this section.

17         (2)  The compensation for representation shall not

18  exceed the following:

19         (a)  For misdemeanors and juveniles represented at the

20  trial level: $1,000.

21         (b)  For noncapital, nonlife felonies represented at

22  the trial level: $2,500.

23         (c)  For life felonies represented at the trial level:

24  $3,000.

25         (d)  For capital cases represented at the trial level:

26  $3,500.

27         (e)  For representation on appeal: $2,000.

28         (2)(3)  A conflict An attorney appointed in lieu of the

29  public defender to represent an indigent defendant or an

30  attorney appointed to a case enumerated under s. 27.51 may not

31  reassign or subcontract the case to another attorney and may

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 1  not permit an attorney who does not meet the eligibility and

 2  performance standards set by the Florida Public Defenders

 3  Association and the Office of the State Courts Administrator

 4  to appear at critical stages of the case. This subsection does

 5  not prohibit a certified intern with the public defender's

 6  office from appearing under appropriate supervision.

 7         Section 24.  Effective July 1, 2004, section 925.037,

 8  Florida Statutes, is amended to read:

 9         925.037  Reimbursement of counties for fees paid to

10  appointed counsel; Circuit indigent representation conflict

11  committees; composition; staff; responsibilities.--

12         (1)  Funds shall be appropriated each fiscal year to

13  reimburse counties for fees paid to certain court-appointed

14  attorneys. In order for a fee paid by a county to be

15  reimbursable from such funds, the attorney must have been

16  appointed pursuant to s. 27.53(3) or s. 925.035, must have

17  been approved for such appointment by the circuit conflict

18  committee prior to appointment, and must have been compensated

19  within the maximum fee limits provided by s. 925.036, except

20  that a fee is also reimbursable from such funds if paid by a

21  county pursuant to a finding by a circuit court that the

22  criminal case involved extraordinary circumstances such that

23  the fee limits were inapplicable as a matter of law.

24         (2)  Beginning with the fiscal year commencing July 1,

25  1991, such funds shall be allocated among the respective

26  counties by the Justice Administrative Commission on the basis

27  of each county's proportionate share of the total number of

28  cases assigned to the public defender statewide in the

29  preceding calendar year, as reported by the public defenders

30  to the legislative appropriations committees.

31  

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 1         (1)(3)  In each judicial circuit a circuit indigent

 2  representation conflict committee shall be established. The

 3  committee shall consist of the following:

 4         (a)  The chief judge of the judicial circuit or the

 5  chief judge's designated representative.

 6         (b)  One experienced private criminal defense attorney

 7  who, at the time of the appointment, is not the attorney of

 8  record in a noncapital criminal conflict case, selected by the

 9  chief judge or the chief judge's designated representative and

10  the public defender, who shall be appointed to serve a 2-year

11  term representative of each board of county commissioners

12  within the judicial circuit, each such representative to be

13  designated by board resolution. During the 2-year term, the

14  attorney is prohibited from accepting or participating in a

15  noncapital criminal conflict case.

16         (c)  One experienced civil trial attorney who, at the

17  time of appointment, is not the attorney of record in a case

18  under s. 27.51, who is selected by the chief judge or the

19  chief judge's designated representative and the public

20  defender, and who shall be appointed to a 2-year term. During

21  the 2-year term, the attorney may not accept or participate in

22  a case under s. 27.51.

23         (d)(c)  The public defender of the judicial circuit,

24  who shall serve as the chair.

25         (2)(4)  The responsibility of the circuit indigent

26  representation conflict committee is to select and approve

27  attorneys for all appointments pursuant to ss. 27.53(3),

28  27.51, and 925.035, commonly known as conflict case

29  appointments. The circuit indigent representation conflict

30  committee shall meet at least quarterly once each year. The

31  circuit indigent representation committee shall determine the

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 1  most appropriate and cost-effective method of providing legal

 2  representation. The committee shall apply the written

 3  eligibility and performance standards set by the Florida

 4  Public Defenders Association and the Office of State Courts

 5  Administrator for each type of case enumerated in s. 27.51.

 6  The Florida Public Defenders Association and the Office of

 7  State Courts Administrator shall, at a minimum, incorporate

 8  into the eligibility and performance standards requirements

 9  related to length of bar membership, continuing legal

10  education, and relevant trial experience. The circuit indigent

11  representation committee shall develop a schedule of standard

12  fees and expense allowances for each type of case enumerated

13  in s. 27.51. However, in developing a schedule of standard

14  fees and expense allowances for criminal cases involving a

15  court-appointed attorney, the civil trial attorney may not

16  participate. In developing a schedule of standard fees and

17  expense allowances for civil cases involving a court-appointed

18  attorney, the criminal defense attorney may not participate.

19  Expenditures exceeding those that the circuit indigent

20  representation committee has determined to be appropriate may

21  not be allowed without prior court approval. At a minimum, the

22  experience standards for criminal cases must require

23  participation in three criminal trials for an attorney to be

24  eligible for a third-degree felony case and five criminal

25  trials to be eligible for a case involving a felony of the

26  second degree or a higher degree. The public defender may not

27  participate in case-related decisions, performance

28  evaluations, or expense determinations in conflict cases if

29  the public defender's office is not providing any legal

30  representation.

31  

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 1         (a)  The Justice Administrative Commission shall

 2  prepare and issue on a quarterly basis, a statewide report

 3  comparing actual year-to-date expenditures to budgeted amounts

 4  for the circuit indigent representation committees in each of

 5  the judicial circuits. Copies of these quarterly reports shall

 6  be distributed to each circuit indigent representation

 7  committee and the legislative chairs of the Senate and House

 8  of Representatives appropriations committees. Each public

 9  defender shall designate a circuit indigent representation

10  committee coordinator to be responsible for the administration

11  of the committee program, including, but not limited to, the

12  monitoring of attorney's fees and expenditures, the

13  preparation of vouchers and batch sheets for attorney's

14  expenditures, scheduling and staffing the quarterly meetings,

15  and reviewing reports issued by the Justice Administrative

16  Commission. The positions and funding for the administration

17  of the circuit indigent representation committee program shall

18  be as appropriated to the public defenders in the General

19  Appropriations Act.

20         (b)  The funding and positions for the processing of

21  committees' fees and expenses shall be as appropriated to the

22  Justice Administrative Commission in the General

23  Appropriations Act.

24         (3)(5)(a)  Funds for criminal conflict case fees and

25  expenses shall be appropriated by the Legislature in a

26  separate appropriations category within the Justice

27  Administrative Commission. These funds shall be allocated to

28  each circuit as prescribed in the General Appropriations Act.

29  The clerk of the circuit court in each county shall submit to

30  the Justice Administrative Commission a statement of conflict

31  counsel fees at least annually. Such statement shall identify

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 1  total expenditures incurred by the county on fees of counsel

 2  appointed by the court pursuant to this section where such

 3  fees are taxed against the county by judgment of the court. On

 4  the basis of such statement of expenditures, the Justice

 5  Administrative Commission shall pay state conflict case

 6  appropriations to the county. The statement of conflict

 7  counsel fees shall be on a form prescribed by the Justice

 8  Administrative Commission in consultation with the Legislative

 9  Committee on Intergovernmental Relations and the Comptroller.

10  Such form also shall provide for the separate reporting of

11  total expenditures made by the county on attorney fees in

12  cases in which other counsel were appointed by the court where

13  the public defender was unable to accept the case as a result

14  of a stated lack of resources. To facilitate such expenditure

15  identification and reporting, the public defender, within 7

16  days of the appointment of such counsel by the court, shall

17  report to the clerk of circuit court case-related information

18  sufficient to permit the clerk to identify separately county

19  expenditures on fees of such counsel. No county shall be

20  required to submit any additional information to the

21  commission on an annual or other basis in order to document or

22  otherwise verify the expenditure information provided on the

23  statement of conflict counsel fees form, except as provided in

24  paragraph (c).

25         (b)  Separate funds for attorneys' fees and expenses in

26  conflict cases under chapter 394 shall be appropriated by the

27  Legislature in a separate appropriations category within the

28  Justice Administrative Commission.

29         (c)  The Legislature shall appropriate separate funds

30  for attorneys' fees and expenses in child dependency cases and

31  other court-appointed attorney cases in a separate

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 1  appropriations category within the Justice Administrative

 2  Commission.

 3         (b)  Before September 30 of each year, the clerk of the

 4  circuit court in each county shall submit to the Justice

 5  Administrative Commission a report of conflict counsel

 6  expenses and costs for the previous local government fiscal

 7  year. Such report shall identify expenditures incurred by the

 8  county on expenses and costs of counsel appointed by the court

 9  pursuant to this section where such expenses and costs are

10  taxed against the county by judgment of the court. Such report

11  of expenditures shall be on a form prescribed by the

12  commission in consultation with the Legislative Committee on

13  Intergovernmental Relations and the Comptroller, provided that

14  such form shall at a minimum separately identify total county

15  expenditures for witness fees and expenses, court reporter

16  fees and costs, and defense counsel travel and per diem. Such

17  form also shall provide for the separate reporting of total

18  county expenditures on attorney expenses and costs in cases in

19  which other counsel were appointed by the court where the

20  public defender was unable to accept the case as a result of a

21  stated lack of resources. To facilitate such expenditure

22  identification and reporting, the public defender, within 7

23  days of the appointment of such counsel by the court, shall

24  report to the clerk of the circuit court case-related

25  information sufficient to permit the clerk to identify

26  separately county expenditures on expenses and costs of such

27  counsel. No county shall be required to submit any additional

28  information to the Justice Administrative Commission on an

29  annual or other basis in order to document or otherwise verify

30  the expenditure information provided on the report of conflict

31  

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 1  counsel expenses and costs form, except as provided in

 2  paragraph (c).

 3         (c)  Before September 30 of each year, each county

 4  shall submit to the Justice Administrative Commission a

 5  statement of compliance from its independent certified public

 6  accountant, engaged pursuant to chapter 11, that each of the

 7  forms submitted to the Justice Administrative Commission, as

 8  provided for in paragraphs (a) and (b), accurately represent

 9  county expenditures incurred in public defender

10  conflict-of-interest cases during each reporting period

11  covered by the statements. The statement of compliance also

12  shall state that the expenditures made and reported were in

13  compliance with relevant portions of Florida law. Such

14  statement may be reflected as part of the annual audit. In the

15  event that the statements are found to be accurate and the

16  expenditures noted thereon to have been made in compliance

17  with relevant portions of Florida law, no additional

18  information or documentation shall be required to accompany

19  the standardized statement of compliance submitted to the

20  commission. If the statement of compliance submitted by the

21  independent certified public accountant indicates that one or

22  more of the forms contained inaccurate expenditure information

23  or if expenditures incurred were not in compliance with

24  relevant portions of Florida law, the commission may require

25  the submission of additional information as may be necessary

26  to identify the nature of the problem.

27         (d)  Upon the failure of a clerk of the circuit court

28  or county to submit any report or information required by this

29  section, the Justice Administrative Commission may refuse to

30  honor any claim until such clerk or county is determined by

31  the commission to be in compliance with such requirements. In

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 1  the event that the statement of compliance submitted by a

 2  county pursuant to paragraph (c) indicates that the clerk of

 3  the circuit court claimed more than was actually expended by

 4  the county, the Justice Administrative Commission may require

 5  the clerk to submit complete supporting documentation of the

 6  county's expenditures on conflict-of-interest cases for the

 7  ensuing 3-year period.

 8         (6)  No funds may be transferred to increase the amount

 9  available for reimbursement; however, these funds may be

10  reallocated among the counties with the approval of the

11  Justice Administrative Commission in consultation with the

12  chairs of the legislative appropriations committees.

13         (7)  Nothing contained in this chapter shall be

14  construed to be an appropriation. Once the allocation to the

15  county has been expended, any further obligation under s.

16  27.53(3) shall continue to be the responsibility of the county

17  pursuant to this chapter.

18         Section 25.  Effective July 1, 2004, sections 27.005,

19  27.006, 27.385, and 29.011, Florida Statutes, and subsection

20  (3) of section 40.02, Florida Statutes, are repealed.

21         Section 26.  For the purpose of implementing Section

22  14, Article V of the State Constitution, the transfer of the

23  funding responsibility for the state courts system shall not

24  affect the validity of any judicial or administrative

25  proceeding pending on the day of the transfer. The entity

26  providing appropriations after July 1, 2004, shall be

27  considered the successor in interest to any existing

28  contracts, but is not responsible for funding or payment of

29  any service rendered or provided prior to July 1, 2004.

30         Section 27.  Except as otherwise expressly provided in

31  this act, this act shall take effect July 1, 2003.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1184

 3                                 

 4  Implements the provisions of Revision 7 (1998) to Article V of
    the Florida Constitution. Revises elements of the state court
 5  system to be funded by the state; revises elements of the
    state court system to be funded by local authorities; expands
 6  the duties of the public defenders to include securing
    representation for indigents in certain criminal and civil
 7  cases where the individuals are seeking court-appointed
    counsel; revises criteria for counsel appointed by the court
 8  to represent indigents; revises elements to be funded by the
    state for state attorneys; revises elements to be funded by
 9  the state for public defenders; revises elements to be funded
    by the state for court-appointed counsel; revises elements of
10  the state court system to be funded by counties; limits cost
    of providing copies of public records made pursuant to a
11  subpoena or a records request; revises standards for attorneys
    appointed in capital cases; establishes circuit indigent
12  representation committees; provides for committee membership
    and responsibilities; provides that the chief judge of the
13  circuit has responsibility for the juror processing system;
    provides the clerk of the circuit court with responsibilities
14  for juror processing; repeals certain sections; provides that
    transfer of responsibilities authorized by this bill does not
15  affect validity of any judicial or administrative proceeding
    pending on the day of the transfer; provides that entity
16  funding such activities after effective date of the bill is
    the successor in interest to any existing contracts but is not
17  responsible for funding or payment of any service rendered or
    provided prior to July 1, 2004; provides effective dates.
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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