Senate Bill sb1184e1

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  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         deleting provisions relating to limitations on

27         representation by public defenders in direct

28         appeals of death penalty cases; amending s.

29         27.53, F.S.; providing criteria for determining

30         whether a conflict of interest exists;

31         prohibiting withdrawal based solely on lack of


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 1         funding or excess workload; providing that

 2         circuit indigent representation committees

 3         approve qualifications; amending s. 27.562,

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

 5         remitted to the state, not to counties;

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

 7         administration of indigent representation

 8         services; redesignating certain public defender

 9         services as indigent representation services;

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

11         charges by clerks of the circuit court;

12         directing the clerk of court to provide access

13         to and copies of public records held by the

14         clerk, without charge, to any judge or justice,

15         state attorney, public defender, and certain

16         court staff; amending s. 29.001, F.S.; defining

17         the elements of the state courts system;

18         providing for using state revenue to pay

19         certain costs associated with those elements;

20         specifying expenses that counties must pay;

21         amending s. 29.002, F.S.; revising the basis

22         for funding, to implement s. 14, Art. V of the

23         State Constitution by a specified date;

24         amending s. 29.004, F.S.; revising and

25         expanding the list of elements of the state

26         courts system; amending s. 29.005, F.S.;

27         providing for funding state attorneys' offices

28         and paying prosecution expenses from state

29         revenues; providing for additional expenses;

30         amending s. 29.006, F.S.; revising and

31         expanding the list of elements of public


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

 2         revising and expanding the list of elements of

 3         court-appointed counsel; providing for funding

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

 5         relating to county funding of court-related

 6         functions; redefining terms; providing

 7         standards that facilities and communications

 8         systems and services must meet to qualify for

 9         funding; requiring that the integrated computer

10         system be made capable of electronically

11         exchanging certain data using specified means

12         at certain levels by a specific date; providing

13         for defining local requirements and adopting a

14         budget therefor; amending s. 43.26, F.S.;

15         redesignating the presiding judge of the

16         circuit as the chief judge of the circuit;

17         providing additional powers of the chief judge;

18         creating s. 40.001, F.S.; specifying authority

19         for the management of the jury system;

20         clarifying duties as to administration and

21         processing of jurors; providing authority to

22         the clerks of the circuit courts to contract

23         with the court for specified services for jury

24         processing; amending s. 92.153, F.S.; providing

25         maximum charges for documents produced pursuant

26         to subpoenas or records request issued by the

27         state attorney or the public defender; amending

28         s. 925.035, F.S.; amending standards for

29         attorneys who handle capital cases; revising

30         procedures and provisions relating to their

31         compensation; amending s. 925.036, F.S.;


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 1         providing for the circuit indigent

 2         representation committee to fix the rate of

 3         compensation of certain appointed counsel;

 4         prescribing the qualifications of attorneys who

 5         represent indigent defendants; amending s.

 6         925.037, F.S.; providing for the composition,

 7         staff, responsibilities, and funding of circuit

 8         indigent representation committees; requiring

 9         the preparation and distribution of a statewide

10         comparative budget report relating to circuit

11         indigent representation committees by the

12         Justice Administrative Commission; providing

13         for the appropriation of funds for attorney's

14         fees and expenses in criminal conflict cases

15         and in child dependency cases and other

16         court-appointed attorney cases; providing that

17         the transfer of the funding source for the

18         state courts system shall not affect the

19         validity of pending proceedings; providing that

20         the entity responsible for providing

21         appropriations after July 1, 2004, shall be the

22         successor in interest to existing contracts;

23         providing that the successor in interest to

24         existing contracts is not responsible for

25         funding or payment of any service rendered

26         prior to July 1, 2004; amending s. 43.35, F.S.;

27         redesignating witness coordinating offices as

28         witness coordinating programs; providing for

29         circuit courts, rather than court

30         administrators, to establish such programs;

31         authorizing a judge or justice to perform any


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 1         judicial act on any day of the week; repealing

 2         ss. 27.005, 27.006, 27.385, 27.52(1)(a),

 3         29.011, 40.02(3), F.S., relating to

 4         definitions, court reporting services, budget

 5         expenditures, determination of indigency for

 6         purposes of appointing a public defender or

 7         conflict attorney, a pilot project, and the

 8         selection of jury lists; reenacting s. 943.053,

 9         F.S., relating to the dissemination of criminal

10         justice information, to incorporate the

11         amendments to ss. 27.51 and 27.53, F.S.;

12         requiring a report on costs of court-related

13         services provided by the counties; providing

14         specific requirements; providing for

15         reimbursement of certain expenses; providing an

16         appropriation; amending s. 25.073, F.S.;

17         revising a definition for purposes of retired

18         judges or justices assigned to temporary duty;

19         providing effective dates.

20  

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

22  

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

24  Florida Statutes, is amended to read:

25         27.02  Duties before court.--

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

27  county courts within his or her judicial circuit and prosecute

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

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

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

31  


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

 2  provided therein.

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

 4  all discovery materials required pursuant to the applicable

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

 6  119.07(1)(a) but may not exceed 15 cents per page for a copy

 7  of a noncertified copy of a public record. However, fees may

 8  not be charged under this subsection if the defendant has been

 9  determined to be indigent as provided in s. 27.52.

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

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

12         27.15  State attorneys to assist in other circuits.--

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

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

15  comply with this section or on other official business

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

17  would otherwise not have been incurred but for the executive

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

19  paid from the appropriation provided by the state for the

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

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

22  prosecution of such cases shall be paid by the entity

23  obligated to pay the expense in the absence of an executive

24  assignment.

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

26  Florida Statutes, is amended to read:

27         27.34  Salaries and other related costs of state

28  attorneys' offices; limitations.--

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

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

31  the various state attorneys for the prosecution of, except


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 1  that a county or municipality may appropriate or contribute

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

 3  sole function shall be to prosecute violations of special laws

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

 5  Persons employed by the county or municipality may be provided

 6  to the state attorney to serve as special investigators

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

 8  or municipality may contract with the state attorney of the

 9  judicial circuit in which such county or municipality is

10  located for the prosecution of violations of county or

11  municipal ordinances.  In addition, a county or municipality

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

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

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

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

16  prosecute civil and criminal RICO actions when one or more

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

18  boundaries of the municipality or county.

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

20  counties within their judicial circuits with such office

21  space, utilities, telephone service, custodial services,

22  library services, transportation services, and communication

23  services as may be necessary for the proper and efficient

24  functioning of these offices, except as otherwise provided in

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

26  shall also be provided with pretrial consultation fees for

27  expert or other potential witnesses consulted before trial by

28  the state attorney; travel expenses incurred in criminal cases

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

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

31  assistant state attorneys or by investigators of state


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 1  attorneys while attempting to locate and interrogate witnesses

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

 3  court reporter costs incurred by the state attorney during the

 4  course of an investigation and criminal prosecution which

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

 6  necessary in the prosecution, provided that nothing herein

 7  shall be construed to prohibit the county from contesting the

 8  reasonableness of the expenditure in the court wherein the

 9  criminal case is brought; postindictment and postinformation

10  deposition costs incurred by the state attorney during the

11  course of a criminal prosecution of an insolvent defendant

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

13  useful and necessary in the prosecution, provided that nothing

14  herein shall be construed to prohibit the county from

15  contesting the reasonableness of the expenditure in the court

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

17  depositions of state witnesses taken by the public defender,

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

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

20  and necessary in the prosecution, provided that nothing herein

21  shall be construed to prohibit the county from contesting the

22  reasonableness of the expenditure in the court wherein the

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

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

25  allotment adopted by the Department of Management Services,

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

27  provided in the prior fiscal year.

28         (2)(3)  It is hereby prohibited for any state attorney

29  to receive from any county or municipality any supplemental

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

31  million or more, state attorneys presently holding office and


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 1  now receiving a county supplement may continue to receive a

 2  county salary supplement at the discretion of the counties for

 3  the remainder of their term of office.

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

 5  Commissioner may contract with the state attorney of any

 6  judicial circuit of the state for the prosecution of criminal

 7  violations of the Workers' Compensation Law and related crimes

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

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

10  assistant state attorneys used in the prosecution of such

11  crimes.

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

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

14  27.3455, Florida Statutes, are amended to read:

15         27.3455  Annual statement of certain revenues and

16  expenditures.--

17         (1)  Each county shall submit annually to the

18  Comptroller a statement of revenues and expenditures as set

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

20  Comptroller in consultation with the Legislative Committee on

21  Intergovernmental Relations, provided that such statement

22  identify total county expenditures on:

23         (a)  Medical examiner services.

24         (b)  County victim witness programs.

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

26  27.34(2) and 27.54(3).

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

28  an indigent defendant appeals a judgment of a county or

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

30  Supreme Court.

31  


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

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

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

 4  trial court against the county.

 5  

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

 7  938.05(1) that were used to meet or reimburse the county for

 8  such expenditures.

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

10  government fiscal year, each county shall submit to the

11  Comptroller a statement of compliance from its independent

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

13  that the certified statement of expenditures was in accordance

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

15  discrepancies noted by the independent certified public

16  accountant shall be included in the statement furnished by the

17  county to the Comptroller.

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

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

20         (a)  Reimbursement to the county for actual county

21  expenditures incurred in providing the state attorney and

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

23  27.34(2) and 27.54(3), with the exception of facilities office

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

25  in s. 29.008 custodial services.

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

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

28  county after reimbursements have been made pursuant to

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

30  county expenditures made in support of the operations and

31  services of medical examiners, including the costs associated


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 1  with the investigation of state prison inmate deaths. Special

 2  county trust fund revenues used to reimburse the county for

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

 4  per county resident.

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

 6  counties establishing or having in existence a comprehensive

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

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

 9  percent matching moneys from the balance remaining in the

10  special trust fund after reimbursements have been made

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

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

13  25 cents per county resident.

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

15  funds remaining in the special trust fund after reimbursements

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

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

18  the provision of facilities office space, utilities, and

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

20  custodial services to the state attorney and public defender,

21  for county expenditures on appellate filing fees in criminal

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

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

24  Florida Supreme Court, and for county expenditures on

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

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

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

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

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

30  responsibility for calculating county costs associated with

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


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 1  custodial services is hereby vested in the Chief Financial

 2  Officer Comptroller in consultation with the Legislative

 3  Committee on Intergovernmental Relations.

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

 5  Florida Statutes, is amended to read:

 6         27.51  Duties of public defender.--

 7         (1)  The public defender shall represent or secure

 8  representation for, without additional compensation, any

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

10  provided in s. 27.52 and who is:

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

12  including a capital offense;

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

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

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

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

17  court, prior to trial, issues files in the cause an order

18  certifying no incarceration as provided in Rule 3.111, Florida

19  Rules of Criminal Procedure of no imprisonment which states

20  that the defendant will not be imprisoned if he or she is

21  convicted;

22         (c)  Entitled to representation as provided in chapter

23  39, as a parent who is a party or participant in any

24  proceeding under such chapter;

25         (d)  Entitled to representation as provided in chapter

26  384, as a person who is alleged to be infected with a sexually

27  transmitted disease and for whom isolation, hospitalization,

28  or confinement is sought;

29         (e)  Entitled to representation as provided in s.

30  390.01115, as a minor in a proceeding under such section;

31  


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 1         (f)  Entitled to representation as provided in chapter

 2  392, as a person who is alleged to be infected with active

 3  tuberculosis and for whom isolation, hospitalization, or

 4  confinement is sought;

 5         (g)  Entitled to representation as provided in chapter

 6  393, as a person who is alleged to be developmentally disabled

 7  and for whom involuntary admission to residential services or

 8  appointment of a guardian advocate is sought;

 9         (h)  Entitled to representation regardless of indigency

10  as provided in part I of chapter 394, as a person who is

11  alleged to be mentally ill and for whom involuntary

12  confinement for evaluation or treatment is sought;

13         (i)  Entitled to representation as provided in part I

14  of chapter 394, as a person who is alleged to be mentally ill

15  and for whom appointment of a guardian advocate is sought;

16         (j)  Entitled to representation as provided in part V

17  of chapter 394, as a person who is alleged to be a sexually

18  violent predator and for whom involuntary confinement for

19  evaluation and treatment is sought;

20         (k)  Entitled to representation as provided in chapter

21  397, as a person who is alleged to be substance-abuse impaired

22  and for whom involuntary assessment, stabilization, or

23  treatment is sought;

24         (l)  Entitled to representation under s. 415.1051, as a

25  vulnerable adult alleged to be in need of protective

26  services;  

27         (m)  Entitled to representation as provided in chapter

28  744, as a person who is alleged to be incapacitated and for

29  whom an involuntary guardianship is sought;

30  

31  


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 1         (n)  Entitled to representation as provided in s.

 2  916.15, as a forensic client for whom involuntary commitment

 3  is sought subsequent to an acquittal by reason of insanity;

 4         (o)  Entitled to representation as a person who is

 5  alleged to be a violator of parole, conditional release,

 6  conditional medical release, or addiction-recovery supervision

 7  when the public defender has entered into a contract with the

 8  Control Release Authority or the Parole Commission under s.

 9  947.146(7)(g);

10         (p)  Entitled to representation under chapter 984, as a

11  child, or child's parent or legal guardian who is alleged to

12  be in need of services or as a child alleged to be in contempt

13  under this chapter; or

14         (q)  Entitled to representation as provided under part

15  II of chapter 985.

16         (c)  Alleged to be a delinquent child pursuant to a

17  petition filed before a circuit court; or

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

19  involuntarily placed as a mentally ill person or sexually

20  violent predator or involuntarily admitted to residential

21  services as a person with developmental disabilities.

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

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

24  civil action brought under the Florida Rules of Civil

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

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

27  proceeding challenging a rule under chapter 120, unless

28  specifically authorized by statute.

29         (3)(2)  The court may not appoint the public defender

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

31  


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

 2  capital cases as provided in s. 925.035.

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

 4  basis and is prohibited from engaging in the private practice

 5  of law while holding office. Assistant public defenders shall

 6  give priority and preference to their duties as assistant

 7  public defenders and shall not otherwise engage in the

 8  practice of criminal law.

 9         (5)(4)  The public defender for a judicial circuit

10  enumerated in this subsection shall, after the record on

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

12  the public defender which handled the trial and if requested

13  by any public defender within the indicated appellate

14  district, handle all felony appeals arising out of cases

15  enumerated under subsection (1) to the state and federal

16  courts required of the official making such request:

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

18  behalf of any public defender within the district comprising

19  the First District Court of Appeal.

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

21  behalf of any public defender within the district comprising

22  the Second District Court of Appeal.

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

24  on behalf of any public defender within the district

25  comprising the Third District Court of Appeal.

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

27  on behalf of any public defender within the district

28  comprising the Fourth District Court of Appeal.

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

30  on behalf of any public defender within the district

31  comprising the Fifth District Court of Appeal.


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 1         (5)  When the public defender for a judicial circuit

 2  enumerated in subsection (4) has represented at trial a person

 3  sentenced to death, the public defender shall not represent

 4  that person in any direct appellate proceedings. That public

 5  defender shall notify the Florida Supreme Court within 10 days

 6  after filing a notice of appeal, and the Court shall appoint

 7  another public defender enumerated in subsection (4) to

 8  represent the person in any direct appellate proceedings.

 9         (6)(a)  When direct appellate proceedings prosecuted by

10  a public defender on behalf of an accused and challenging a

11  judgment of conviction and sentence of death terminate in an

12  affirmance of such conviction and sentence, whether by the

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

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

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

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

17  Rules of Criminal Procedure, including any time limits

18  pertinent thereto, and shall advise such person that

19  representation in any collateral proceedings is the

20  responsibility of the capital collateral representative.  The

21  public defender shall then forward all original files on the

22  matter to the capital collateral representative, retaining

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

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

25  defender or other attorney not employed by the capital

26  collateral representative to represent such person in

27  proceedings for relief by executive clemency pursuant to s.

28  925.035.

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

30  public defender representing an inmate in any collateral

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


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 1  representation of that inmate in all postconviction

 2  proceedings unless relieved of responsibility from further

 3  representation by the court.

 4         (7)  A sum shall be appropriated to the public defender

 5  of each judicial circuit enumerated in subsection (5) (4) for

 6  the employment of assistant public defenders and clerical

 7  employees and the payment of expenses incurred in cases on

 8  appeal.

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

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

11         27.53  Appointment of assistants and other staff;

12  method of payment.--

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

14  may volunteer register his or her availability to the public

15  defender of any judicial circuit for acceptance of special

16  assignments without salary to represent indigent defendants.

17  Temporarily employed attorneys and volunteer attorneys are to

18  be Such persons shall be listed and referred to as special

19  assistant public defenders and be paid a fee and costs and

20  expenses as provided in s. 925.036. A special assistant public

21  defender may not reassign or subcontract a case to another

22  attorney.

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

24  or more indigents, the public defender determines that the

25  interests of those represented accused are so adverse or

26  hostile that they cannot all be counseled by the public

27  defender or his or her staff without conflict of interest, or

28  that none can be counseled by the public defender or his or

29  her staff because of conflict of interest, the public defender

30  shall file a motion to withdraw and move the court to appoint

31  other counsel. In determining whether there is a conflict of


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    CS for CS for SB 1184                          First Engrossed



 1  interest, each public defender shall apply the uniform

 2  conflict standards adopted by the Florida Public Defender

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

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

 5  representations regarding a conflict of interest without

 6  requiring the disclosure of any confidential communications.

 7  The court shall permit withdrawal unless the court determines

 8  that the asserted conflict is not prejudicial to the indigent

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

10  public defender based solely upon inadequacy of funding or

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

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

13  who meet the eligibility and performance requirements set by

14  the Florida Public Defenders Association and the Office of

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

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

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

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

19  However, The trial court shall appoint conflict such other

20  counsel in the manner approved by the circuit indigent

21  representation committee upon its own motion when the facts

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

23  disclose such conflict.  The court shall advise the

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

25  when making such appointment and state the conflict prompting

26  the appointment.  The appointed attorney shall be compensated

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

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

29  Florida Statutes, is amended to read:

30         27.54  Expenditures for public defender's office.--

31  


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    CS for CS for SB 1184                          First Engrossed



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

 2  and the necessary expenses of office, including salaries of

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

 4  public purpose.  Travel expenses shall be paid in accordance

 5  with the provisions of s. 112.061.

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

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

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

 9  defending, except that a county or municipality may

10  appropriate or contribute funds to:

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

12  whose sole function shall be to defend indigents charged with

13  violations of special laws or with violations of ordinances of

14  the county or municipality.

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

16  the public defender upon certification by the public defender

17  that inadequate resources will result in withdrawal from

18  current cases or inability to accept additional appointments.

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

20  counties within their judicial circuits with such office

21  space, utilities, telephone services, custodial services,

22  library services, transportation services, and communication

23  services as may be necessary for the proper and efficient

24  functioning of these offices, except as otherwise provided in

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

26  shall also be provided with pretrial consultation fees for

27  expert or other potential witnesses consulted before trial by

28  the public defender; travel expenses incurred in criminal

29  cases by a public defender in connection with

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

31  out-of-jurisdiction travel expenses incurred by public


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    CS for CS for SB 1184                          First Engrossed



 1  defenders or by investigators of public defenders while

 2  attempting to locate and interrogate witnesses for the public

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

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

 5  investigation and criminal prosecution, which costs are

 6  certified by the public defender as being useful and necessary

 7  in the preparation of a criminal defense, provided that

 8  nothing herein shall be construed to prohibit the county from

 9  contesting the reasonableness of the expenditure in the court

10  wherein the criminal case is brought; postindictment and

11  postinformation deposition costs incurred by the public

12  defender during the course of a criminal prosecution of an

13  indigent defendant when such costs are certified by the public

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

15  criminal defense, provided that nothing herein shall be

16  construed to prohibit the county from contesting the

17  reasonableness of the expenditure in the court wherein the

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

19  of defense witnesses taken by the state attorney when such

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

21  necessary in the preparation of a criminal defense, provided

22  that nothing herein shall be construed to prohibit the county

23  from contesting the reasonableness of the expenditure in the

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

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

26  than the standards for space allotment adopted by the

27  Department of Management Services.  The counties shall not

28  provide less of these services than were provided in the

29  previous fiscal year.

30  

31  


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    CS for CS for SB 1184                          First Engrossed



 1         (4)  No public defender or assistant public defender

 2  shall receive from any county or municipality any supplemental

 3  salary, except as provided in this section.

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

 5  Florida Statutes, is amended to read:

 6         27.562  Disposition of funds.--All funds collected

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

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

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

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

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

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

13  county in defense of criminal prosecutions.  All judgments

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

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

16  the state county in which the judgment was rendered.

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

18  Florida Statutes, is amended to read:

19         27.58  Administration of indigent representation Public

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

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

22  indigent representation services public defender services

23  within the circuit whether such services are rendered by the

24  state or by court-appointed counsel county public defenders.

25         Section 10.  Section 28.24, Florida Statutes, is

26  amended to read:

27         28.24  Service charges by clerk of the circuit

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

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

30  in recording documents and instruments and in performing the

31  duties enumerated. However, in those counties where the


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  county for such services. Notwithstanding any other provision

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

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

 6  acting on behalf of any justice or judge, or to any state

 7  attorney or public defender access to and copies of any public

 8  records, notwithstanding the exempt or confidential nature of

 9  such public records, as maintained by and in the custody of

10  the clerk of the circuit court as provided in general law and

11  the Florida Rules of Judicial Administration.

12  

13                                                         Charges

14  

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

16  clerk, per day..........................................$75.00

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

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

19  and certifying transcripts of record in appellate proceedings,

20  prepared by attorney for appellant or someone else other than

21  clerk, per page...........................................3.00

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

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

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

25  public records............................................1.00

26         (6)  For verifying any instrument presented for

27  certification prepared by someone other than clerk, per page

28  ......................................................... 2.00

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

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

31  


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    CS for CS for SB 1184                          First Engrossed



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

 2  any instrument in the public records consisting of pages of

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

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

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

 6  1/2  inches, per page.....................................5.00

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

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

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

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

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

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

13         (11)  For writing any paper other than herein

14  specifically mentioned, same as for copying, including signing

15  and sealing...............................................4.00

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

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

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

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

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

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

22  and for recording condominium exhibits larger than 14 inches

23  by 8 1/2  inches:

24         (a)  First page...................................30.00

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

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

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

28  required notice to property appraiser where applicable:

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

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

31  


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    CS for CS for SB 1184                          First Engrossed



 1         (c)  For indexing instruments recorded in the official

 2  records which contain more than four names, per additional

 3  name......................................................1.00

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

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

 6  Records Modernization Trust Fund for each instrument listed in

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

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

 9         1.  First page.....................................1.00

10         2.  Each additional page...........................0.50

11  

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

13  exclusively for equipment and maintenance of equipment,

14  personnel training, and technical assistance in modernizing

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

16  the duty of maintaining official records exists in an office

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

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

19  moneys deposited into the trust fund for equipment,

20  maintenance of equipment, training, and technical assistance

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

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

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

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

25  construction costs, general operating expenses, or other costs

26  not directly related to obtaining and maintaining equipment

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

28  office supplies and equipment not related to the storage of

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

30  December 1 of each year immediately preceding each year during

31  which the trust fund is scheduled for legislative review under


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  Modernization Trust Fund with the President of the Senate and

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

 5  itemize each expenditure made from the trust fund since the

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

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

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

 9  personnel training, and technical assistance.  The report must

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

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

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

13  fund.

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

15  otherwise provided for herein.............................2.00

16         (17)  For validating certificates, any authorized

17  bonds, each...............................................2.00

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

19         (19)  For exemplified certificates, including signing

20  and sealing...............................................4.00

21         (20)  For authenticated certificates, including signing

22  and sealing...............................................4.00

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

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

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

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

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

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

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

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

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


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    CS for CS for SB 1184                          First Engrossed



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

 2  ..........................................................1.00

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

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

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

 6  proceeds.................................................60.00

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

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

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

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

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

12  a certified copy.........................................20.00

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

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

15  record...................................................25.00

16         (31)  For receiving and disbursing all restitution

17  payments, per payment.....................................2.00

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

19  circuit court in any mailing by certified or registered mail

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

21  made.

22         (33)  For furnishing an electronic copy of information

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

24  chapter 119.

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

26  Florida Statutes, is amended to read:

27         29.001  Intent; State courts system essential elements

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

29  and costs; county responsibilities.--

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

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


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    CS for CS for SB 1184                          First Engrossed



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

 2  the enumerated essential elements of the Supreme Court,

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

 4  certain essential supports thereto.  Similarly, The offices of

 5  public defenders and state attorneys shall include those

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

 7  state attorneys' offices are defined to include the enumerated

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

 9  enumerated public defenders' offices are defined to include

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

11  Court-appointed counsel are defined as counsel appointed to

12  ensure due process in criminal and civil proceedings in

13  accordance with state and federal constitutional guarantees.

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

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

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

17  be provided from state revenues appropriated by general law.

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

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

20  be provided by adequate and appropriate filing fees for

21  judicial proceedings and service charges and costs for

22  performing court-related functions.

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

24  required to fund the cost of communications services, existing

25  radio systems, existing multiagency criminal justice

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

27  maintenance, utilities, and security of facilities for the

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

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

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

31  In addition, the counties will continue to fund existing


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  offices of the clerks of the circuit and county courts

 4  performing court-related functions, consistent with current

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

 6  assumes the responsibility for funding those elements.

 7  Counties are financially responsible for the payment of all

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

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

10  29.008(2). Counties will fund the cost of criminal cases filed

11  by the Office of Statewide Prosecution. Additionally, the

12  Legislature will define by general law those local

13  requirements of the state courts system for which the counties

14  must pay reasonable and necessary salaries, costs, and

15  expenses.

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

17  funded by the state or prescribed or established in general

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

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

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

21  circuit and county court clerks performing court-related

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

23  Constitution.

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

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

26         29.002  Basis for funding.--

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

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

29  Legislature's appropriation of funding in the General

30  Appropriations Act for appropriate salaries, costs, and

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


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    CS for CS for SB 1184                          First Engrossed



 1  shall be based upon reliable and auditable data substantiating

 2  the revenues and expenditures associated with each essential

 3  element.

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

 5  Florida Statutes, is amended to read:

 6         29.004  State courts system.--

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

 8  State Constitution, the essential elements of the state courts

 9  system to be provided from state revenues appropriated by

10  general law are as follows:

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

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

13  and costs as determined by general law.

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

15  juror accommodations when necessary.

16         (c)(3)  Reasonable court reporting and transcription

17  services necessary to meet constitutional requirements.

18         (4)  Auxiliary aids and services for qualified

19  individuals with a disability which are necessary to ensure

20  access to the courts. Such auxiliary aids and services

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

22  translators, real-time transcription services for individuals

23  who are hearing impaired, and assistive listening devices.

24  This section does not include physical modifications to court

25  facilities; noncourtroom communication services; or other

26  accommodations, auxiliary aids, or services for which the

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

28  State Constitution.

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

30  maintenance, utilities, and security for the district courts

31  of appeal and the Supreme Court.


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    CS for CS for SB 1184                          First Engrossed



 1         (e)(6)  Court foreign language and sign-language

 2  interpreters and translators essential to comply with

 3  constitutional requirements.

 4         (f)  Court expert witnesses, other court witnesses, and

 5  witness-coordination programs.

 6         (g)  Legal support to judges.

 7         (h)  Masters and hearing officers.

 8         (i)  Court administration.

 9         (j)  Case management. Case management includes:

10         1.  Initial review and evaluation;

11         2.  Case differentiation;

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

13         4.  Case monitoring and tracking;

14         5.  Scheduling of events;

15         6.  Coordination of cases;

16         7.  Service referral, coordination, monitoring,

17         and tracking; 

18         8.  Statistical analysis; and

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

20         397.334.

21  

22  Case management shall not include case intake and records

23  management conducted by the clerk of court.

24         (k)  Mediation-alternate dispute resolution.

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

26  Qualifications Commission.

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

28  appellate law libraries.

29         (n)  Investigation and assessment of the indigency of

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

31  


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    CS for CS for SB 1184                          First Engrossed



 1  portion thereof, or applies for representation by a public

 2  defender or private attorney.

 3         (2)  Included within the definition of each element

 4  listed in this section shall be the associated staff,

 5  expenses, and costs determined by the Legislature to be

 6  reasonably required to provide the element.

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

 8  Florida Statutes, is amended to read:

 9         29.005  State attorneys' offices and prosecution

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

11  State Constitution, the essential elements of the state

12  attorneys' offices to be provided from state revenues

13  appropriated by general law are as follows:

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

15  assistant state attorneys and other essential staff as

16  determined by general law.

17         (2)  Reasonable court reporting and transcription

18  services necessary to meet constitutional or statutory

19  requirements, including the cost of transcribing and copying

20  depositions of witnesses and the cost of foreign-language and

21  sign-language interpreters and translators.

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

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

24  witnesses are summoned by a state attorney; mental health

25  professionals who are appointed pursuant to s. 394.473 and

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

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

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

29  other expert witnesses the state attorney deems necessary for

30  the performance of his or her duties.

31         (4)  Reasonable transportation services.


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    CS for CS for SB 1184                          First Engrossed



 1         (5)  Reasonable travel expenses.

 2         (6)  Reasonable library and electronic legal research

 3  services, other than a public law library.

 4         (7)  Reasonable pretrial consultation fees and costs.

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

 6  Florida Statutes, is amended to read:

 7         29.006  Public defenders and indigent defense

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

 9  State Constitution, the essential elements of the public

10  defenders' offices to be provided from state revenues

11  appropriated by general law are as follows:

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

13  assistant public defenders and other essential staff as

14  determined by general law.

15         (2)  Reasonable court reporting and transcription

16  services necessary to meet constitutional or statutory

17  requirements, including the cost of transcribing and copying

18  depositions of witnesses and the cost of foreign-language and

19  sign-language interpreters and translators.

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

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

22  witnesses are summoned on behalf of an indigent defendant;

23  mental health professionals who are appointed pursuant to s.

24  394.473 and required in a court hearing involving an indigent;

25  and expert witnesses who are appointed pursuant to s.

26  916.115(2) and required in a court hearing involving an

27  indigent; and any other expert witnesses approved by the

28  court.

29         (4)  Reasonable transportation services.

30         (5)  Reasonable travel expenses.

31  


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    CS for CS for SB 1184                          First Engrossed



 1         (6)  Reasonable library and electronic legal research

 2  services, other than a public law library.

 3         (7)  Reasonable pretrial consultation fees and costs.

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

 5  Florida Statutes, is amended to read:

 6         29.007  Court-appointed counsel.--For purposes of

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

 8  essential elements of court-appointed counsel to be provided

 9  from state revenues appropriated by general law are as

10  follows:

11         (1)  Private attorneys appointed assigned by the court

12  to handle cases where the defendant is indigent and cannot be

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

14  and 925.037.

15         (2)  Private attorneys appointed by the court to

16  represent indigents or other classes of litigants in civil

17  proceedings requiring court-appointed counsel in accordance

18  with state and federal constitutional guarantees and federal

19  and state statutes.

20         (3)  Reasonable court reporting and transcription

21  services necessary to meet constitutional or statutory

22  requirements, including the cost of transcribing and copying

23  depositions of witnesses and the cost of foreign-language and

24  sign-language interpreters and translators.

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

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

27  witnesses are summoned on behalf of an indigent defendant;

28  mental health professionals who are appointed pursuant to s.

29  394.473 and required in a court hearing involving an indigent;

30  and expert witnesses who are appointed pursuant to s.

31  916.115(2) and required in a court hearing involving an


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    CS for CS for SB 1184                          First Engrossed



 1  indigent; and any other expert witnesses approved by the

 2  court.

 3         (5)  Reasonable pretrial consultation fees and costs.

 4         (6)  Reasonable travel expenses.

 5         (5)  Investigating and assessing the indigency of any

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

 7  portion thereof, or applies for representation by a public

 8  defender or private attorney.

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

10  Florida Statutes, is amended to read:

11         29.008  County funding of court-related functions.--

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

13  State Constitution to fund the cost of communications

14  services, existing radio systems, existing multiagency

15  criminal justice information systems, and the cost of

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

17  facilities for the circuit and county courts, public

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

19  of the clerks of the circuit and county courts performing

20  court-related functions. For purposes of implementing these

21  requirements, the term:

22         (a)  "Facility" means reasonable and necessary

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

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

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

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

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

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

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

30  such facilities in connection with such court-related

31  functions that may be available free or from a private


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  space allotment adopted by the Department of Management

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

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

 6  include physical modifications and improvements to all

 7  facilities as are required for compliance with the Americans

 8  with Disabilities Act. Upon mutual agreement of a county and

 9  the affected entity in this paragraph, the office space

10  provided by the county may vary from the standards for space

11  allotment adopted by the Department of Management Services.

12  This section applies only to facilities that are leased, or on

13  which construction commences, after June 30, 2003.

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

15  limited to, all reasonable and necessary costs of the

16  acquisition or lease of facilities, equipment, and furnishings

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

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

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

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

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

22  includes expenses related to financing such facilities and the

23  existing and future cost and bonded indebtedness associated

24  with placing the facilities in use.

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

26  reasonable and necessary costs of custodial and groundskeeping

27  services and renovation and reconstruction as needed to

28  accommodate functions for the circuit and county courts, the

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

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

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


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    CS for CS for SB 1184                          First Engrossed



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

 2  intended.

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

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

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

 6  systems, stormwater or runoff services and systems, sewer

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

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

 9  the mitigation of environmental impacts directly related to

10  the facility.

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

12  reasonable and necessary costs of services of law enforcement

13  officers or licensed security guards and all electronic,

14  cellular, or digital monitoring and screening devices

15  necessary to ensure the safety and security of all persons

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

17  the facility, including protection of property owned by the

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

19  any facility.  This includes bailiffs while providing

20  courtroom and other security for each judge and other

21  quasi-judicial officers.

22         (f)  "Communications systems or communications

23  services" are defined as any reasonable and necessary

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

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

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

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

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

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

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

31  


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    CS for CS for SB 1184                          First Engrossed



 1  county courts performing court-related functions.  Such system

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

 3         1.  All telephone services and equipment, including

 4  facsimile, wireless communications, video teleconferencing,

 5  pagers, computer lines, and telephone switching equipment and

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

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

 8  support staff or services necessary for operation.

 9         2.  All computer systems and equipment, including

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

11  network connections, maintenance, support staff or services,

12  training, supplies, and line charges necessary for an

13  integrated computer system to support the operations and

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

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

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

17  capability to connect those entities and reporting data to the

18  state as required for the transmission of revenue, performance

19  accountability, case management, data collection, budgeting,

20  and auditing purposes. By January 1, 2006, the integrated

21  computer system specified under this subparagraph must be able

22  to electronically exchange judicial case background,

23  sentencing guidelines and scoresheets, and video evidence

24  information stored in integrated case-management systems over

25  secure networks. This data sharing must be accomplished using

26  proven, off-the-shelf software packages that enable

27  information exchange at four levels:

28         a.  Within each of the 20 judicial circuits;

29         b.  Across the 20 judicial circuits;

30         c.  Between Florida and other cooperative states where

31  applicable and authorized; and


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    CS for CS for SB 1184                          First Engrossed



 1         d.  Between Florida and participating United States

 2  federal government agencies and departments where applicable

 3  and authorized.

 4         3.  Postage, printed documents, radio, courier

 5  messenger and subpoena services, support services, all

 6  maintenance, supplies, and line charges.

 7         4.  Auxiliary aids and services for qualified

 8  individuals with a disability which are necessary to ensure

 9  access to the courts. Such auxiliary aids and services

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

11  services for individuals who are hearing impaired, and

12  assistive listening devices and the equipment necessary to

13  implement such accommodations.

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

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

16  circuit and county courts, the offices of the public

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

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

19  circuit and county courts.  This includes radio systems that

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

21  1998, to Art. V of the State Constitution was adopted and any

22  enhancements made thereafter, the maintenance of those

23  systems, and the personnel and supplies necessary for

24  operation.

25         (h)  "Existing multiagency criminal justice information

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

27  the multiagency criminal justice information system as defined

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

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

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

31  circuit and county courts performing court-related functions


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    CS for CS for SB 1184                          First Engrossed



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

 2  those entities. This includes upgrades and maintenance of the

 3  current equipment, maintenance and upgrades of supporting

 4  technology infrastructure and associated staff, and services

 5  and expenses to assure continued information sharing and

 6  reporting of information to the state.  The counties shall

 7  also provide additional information technology services,

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

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

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

11  circuit and county courts performing court-related functions.

12         (2)  Counties shall pay reasonable and necessary

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

14  including associated staff and expenses, to meet local

15  requirements as determined by general law.

16         (a)  Local requirements are those specialized programs,

17  nonjudicial staff, and other expenses associated with

18  specialized court programs, specialized prosecution needs,

19  specialized defense needs, or resources that are needed in a

20  local jurisdiction as a result of special factors or

21  circumstances. Local requirements exist when:

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

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

24  operational impact on the circuit or a county within the

25  circuit; or

26         2.  There are circumstances in a given circuit or

27  county which have resulted in or necessitate implementation of

28  specialized programs, the provision of nonjudicial staff and

29  expenses to specialized court programs, special prosecution

30  needs, specialized defense needs, or the commitment of

31  resources to the court's jurisdiction.


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    CS for CS for SB 1184                          First Engrossed



 1         (b)  Factors and circumstances that result in the

 2  establishment of a local requirement based on subparagraph

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

 4         1.  Geographic factors;

 5         2.  Demographic factors;

 6         3.  Labor market forces;

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

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

 9  cases.

10         (c)  Local requirements must be determined by the

11  following method:

12         1.  The chief judge of the circuit, in conjunction with

13  the state attorney and the public defender only on matters

14  that impact their offices, shall list all local requirements

15  that exist within the circuit or within each county in the

16  circuit and shall identify the reasonable and necessary

17  salaries, costs, and expenses to provide such local

18  requirements.

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

20  shall submit to the board of county commissioners a tentative

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

22  tentative budget must certify a listing of all local

23  requirements and the reasonable and necessary salaries, costs,

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

25  county commissioners may, by resolution, require the

26  certification to be submitted earlier.

27         3.  The board of county commissioners shall thereafter

28  treat the certification in accordance with the county's

29  budgetary procedures. A board of county commissioners may:

30  

31  


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    CS for CS for SB 1184                          First Engrossed



 1         a.  Determine whether to provide funding, and to what

 2  extent it will provide funding, for salaries, costs, and

 3  expenses under this section;

 4         b.  Require a county finance officer to conduct a

 5  preaudit review of any county funds provided under this

 6  section prior to disbursement;

 7         c.  Require review or audit of funds expended under

 8  this section by the appropriate county office; and

 9         d.  Provide additional financial support for the courts

10  system, state attorneys, or public defenders.

11         Section 18.  Section 43.26, Florida Statutes, is

12  amended to read:

13         43.26  Chief Presiding judge of circuit; selection;

14  powers.--

15         (1)  The chief presiding judge of each judicial

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

17  administrative supervision over all the trial courts within

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

19  such courts.

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

21  have the power:

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

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

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

25         (b)  To assign clerks and bailiffs;

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

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

28         (d)(e)  To require attendance of state attorneys,

29  prosecutors and public defenders, clerks, bailiffs, and all

30  other officers of the court; and

31  


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    CS for CS for SB 1184                          First Engrossed



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

 2  prompt and efficient administration of justice in the courts

 3  over which he or she is chief judge presides.

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

 5  administrative order, the authority to bind the circuit in

 6  contract.

 7         (g)  To manage, operate, and oversee the jury system as

 8  provided in s. 40.001.

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

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

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

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

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

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

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

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

17  judge may succeed himself or herself for successive terms.

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

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

20  order or directive of the chief presiding judge under this

21  section shall constitute neglect of duty for which such

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

23         (6)  There may be a trial court administrator an

24  executive assistant to the presiding judge who shall perform

25  such duties as the chief presiding judge may direct.

26         Section 19.  Section 40.001, Florida Statutes, is

27  created to read:

28         40.001  Chief judge; authority; duties.--The chief

29  judge of each judicial circuit is vested with overall

30  authority and responsibility for the management, operation,

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


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    CS for CS for SB 1184                          First Engrossed



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

 2  clerk of the circuit court has specific responsibilities

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

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

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

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

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

 8  also designate to the clerk of the circuit court additional

 9  duties consistent with established uniform standards of jury

10  management practices that the Supreme Court may adopt by rule

11  or issue through an administrative order.

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

13  92.153, Florida Statutes, is amended to read:

14         92.153  Production of documents by witnesses;

15  reimbursement of costs.--

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

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

18  be paid for any costs the witness reasonably incurs either

19  directly or indirectly in producing, searching for,

20  reproducing, or transporting documents pursuant to a summons;

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

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

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

24  retrieval.

25         Section 21.  Effective July 1, 2004, section 925.035,

26  Florida Statutes, is amended to read:

27         925.035  Appointment and compensation of attorneys an

28  attorney in capital cases; appeals from judgments imposing the

29  death penalty; compensation of attorneys in clemency cases.--

30         (1)  Any counsel appointed to handle a capital case

31  must meet the minimum standard for attorneys in capital cases


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    CS for CS for SB 1184                          First Engrossed



 1  adopted by the Florida Supreme Court and the eligibility and

 2  performance standards set by the Florida Public Defenders

 3  Association and the Office of the State Courts Administrator.

 4         (2)(1)  If the court determines that the defendant in a

 5  capital case is indigent insolvent and desires counsel, it

 6  shall appoint a public defender to represent the defendant.

 7  If the public defender appointed to represent two or more

 8  defendants found to be indigent insolvent determines that

 9  neither the public defender nor her or his staff can counsel

10  all of the accused without conflict of interest, it shall be

11  the public defender's duty to move the court to appoint one or

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

13  with the public defender in her or his capacity as such or in

14  her or his private practice, to represent those accused.  The

15  attorney shall be allowed compensation, as provided for in s.

16  925.036 for representing a defendant.

17         (3)(2)  If the defendant is convicted and the death

18  sentence is imposed, the appointed counsel attorney shall

19  perfect prosecute an appeal to the Supreme Court.  The

20  attorney shall be compensated as provided for in s. 925.036.

21  If the counsel attorney first appointed is unable to handle

22  prosecute the appeal, the court shall appoint another counsel

23  attorney and the attorney shall be compensated as provided for

24  in s. 925.036.

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

26  appointed attorney shall be compensated as provided for in s.

27  925.036.

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

29  on appeal to the Supreme Court, the trial court that rendered

30  the judgment imposing the death penalty may appoint the public

31  defender or the conflict counsel appointed under this section


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    CS for CS for SB 1184                          First Engrossed



 1  to also represent an indigent defendant who has applied for

 2  executive clemency as relief from the execution of the

 3  judgment imposing the death penalty. The appointed conflict

 4  counsel attorney shall be compensated as provided in s.

 5  925.037. allowed compensation, not to exceed $1,000, for

 6  attorney's fees and costs incurred in representing the

 7  defendant as to an application for executive clemency, Such

 8  compensation is to be paid out of general revenue from funds

 9  budgeted to the Department of Corrections.  The public

10  defender or an attorney appointed pursuant to this section may

11  be appointed by the trial court that rendered the judgment

12  imposing the death penalty, to represent an indigent defendant

13  who has applied for executive clemency as relief from the

14  execution of the judgment imposing the death penalty.

15         (5)  When the appointed conflict counsel attorney in a

16  capital case has completed the duties imposed by this section,

17  the conflict counsel attorney shall file a written report in

18  the trial court stating the duties that were performed by her

19  or him and request to be discharged apply for discharge.

20         (6)  All costs under this section that a county is

21  required to pay pursuant to s. 29.008 compensation and costs

22  provided for in this section, except as provided in subsection

23  (4), shall be paid by the county in which the trial is held

24  unless the trial was moved to that county on the ground that a

25  fair and impartial trial could not be held in another county,

26  in which event the compensation and costs shall be paid by the

27  original county from which the cause was removed.

28         Section 22.  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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    CS for CS for SB 1184                          First Engrossed



 1         (1)  At the conclusion of representation, counsel An

 2  attorney appointed pursuant to s. 27.51 or s. 925.035, other

 3  than a public defender, s. 925.035 or s. 27.53 shall, at the

 4  conclusion of the representation, be compensated in accordance

 5  with the schedule of fee and expense allowance established by

 6  the circuit indigent representation committee pursuant to s.

 7  925.037. If an appointed conflict counsel under s. 925.035 is

 8  providing representation in a second trial of the same capital

 9  case, he or she is to be compensated as provided in s.

10  925.037. at an hourly rate fixed by the chief judge or senior

11  judge of the circuit in an amount not to exceed the prevailing

12  hourly rate for similar representation rendered in the

13  circuit; however, such compensation shall not exceed the

14  maximum fee limits established by this section.  In addition,

15  such attorney shall be reimbursed for expenses reasonably

16  incurred, including the costs of transcripts authorized by the

17  court.  If the attorney is representing a defendant charged

18  with more than one offense in the same case, the attorney

19  shall be compensated at the rate provided for the most serious

20  offense for which she or he represented the defendant. This

21  section does not allow stacking of the fee limits established

22  by this section.

23         (2)  The compensation for representation shall not

24  exceed the following:

25         (a)  For misdemeanors and juveniles represented at the

26  trial level: $1,000.

27         (b)  For noncapital, nonlife felonies represented at

28  the trial level: $2,500.

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

30  $3,000.

31  


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    CS for CS for SB 1184                          First Engrossed



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

 2  $3,500.

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

 4         (2)(3)  A conflict counsel An attorney appointed in

 5  lieu of the public defender to represent an indigent defendant

 6  or a counsel appointed to a case enumerated under s. 27.51 may

 7  not reassign or subcontract the case to another attorney and

 8  may not permit an attorney who does not meet the eligibility

 9  and performance standards set by the Florida Public Defenders

10  Association and the Office of the State Courts Administrator

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

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

13  office from appearing under appropriate supervision.

14         Section 23.  Effective July 1, 2004, section 925.037,

15  Florida Statutes, is amended to read:

16         925.037  Reimbursement of counties for fees paid to

17  appointed counsel; Circuit indigent representation conflict

18  committees; composition; staff; responsibilities; funding.--

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

20  reimburse counties for fees paid to certain court-appointed

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

22  reimbursable from such funds, the attorney must have been

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

24  been approved for such appointment by the circuit conflict

25  committee prior to appointment, and must have been compensated

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

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

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

29  criminal case involved extraordinary circumstances such that

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

31  


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    CS for CS for SB 1184                          First Engrossed



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

 2  1991, such funds shall be allocated among the respective

 3  counties by the Justice Administrative Commission on the basis

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

 5  cases assigned to the public defender statewide in the

 6  preceding calendar year, as reported by the public defenders

 7  to the legislative appropriations committees.

 8         (1)(3)  In each judicial circuit a circuit indigent

 9  representation conflict committee shall be established. The

10  committee shall consist of the following:

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

12  chief judge's designee designated representative.

13         (b)  The public defender of the judicial circuit who

14  shall serve as the chair.

15         (c)(b)  One experienced private criminal defense

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

17  attorney of record in a noncapital criminal conflict case, and

18  who is appointed by the chief judge or the chief judge's

19  designee and the public defender to serve a 2-year term.

20  During the 2-year term, the attorney may not accept or

21  participate in a noncapital criminal conflict case. One

22  representative of each board of county commissioners within

23  the judicial circuit, each such representative to be

24  designated by board resolution.

25         (c)  The public defender of the judicial circuit.

26         (d)  One experienced civil trial attorney who, at the

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

28  under s. 27.51, who is appointed by the chief judge or the

29  chief judge's designee and the public defender, to serve a

30  2-year term. During the 2-year term, the attorney may not

31  accept or participate in a case under s. 27.51.


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    CS for CS for SB 1184                          First Engrossed



 1         (2)(a)(4)  The responsibility of the circuit indigent

 2  representation conflict committee is to select and approve

 3  attorneys for all appointments pursuant to ss. 27.51,

 4  27.53(3), and 925.035, commonly known as conflict case

 5  appointments. The circuit indigent representation conflict

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

 7  circuit indigent representation committee shall determine the

 8  most appropriate and cost-effective method of providing legal

 9  representation. The committee shall apply the written

10  eligibility and performance standards set by the Florida

11  Public Defenders Association and the Office of State Courts

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

13  The circuit indigent representation committee shall develop a

14  schedule of standard fees and expense allowances for each type

15  of case enumerated in s. 27.51. However, in developing a

16  schedule of standard fees and expense allowances for criminal

17  cases involving a court-appointed attorney, the civil trial

18  attorney may not participate. In developing a schedule of

19  standard fees and expense allowances for civil cases involving

20  a court-appointed attorney, the criminal defense attorney may

21  not participate. Expenditures exceeding those that the circuit

22  indigent representation committee has determined to be

23  appropriate may not be allowed without prior court approval.

24         (b)  The Florida Public Defenders Association and the

25  Office of State Courts Administrator shall, at a minimum,

26  incorporate into the eligibility and performance standards

27  requirements related to length of bar membership, continuing

28  legal education, and relevant trial experience. At a minimum,

29  the experience standards for criminal cases must require

30  participation in three criminal trials for an attorney to be

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


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  participate in case-related decisions, performance

 4  evaluations, or expense determinations in conflict cases.

 5         (3)  The Justice Administrative Commission shall

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

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

 8  for the circuit indigent representation committees in each of

 9  the judicial circuits. Copies of these quarterly reports shall

10  be distributed to each circuit indigent representation

11  committee and the legislative chairs of the Senate and House

12  of Representatives appropriations committees.

13         (4)  Each public defender shall designate a circuit

14  indigent representation committee coordinator to be

15  responsible for the administration of the committee program,

16  including, but not limited to, the monitoring of attorney's

17  fees and expenditures, the preparation of vouchers and batch

18  sheets for attorney's expenditures, scheduling and staffing

19  the quarterly meetings, and reviewing reports issued by the

20  Justice Administrative Commission. A public defender may

21  require a separate location for the staff of the circuit

22  indigent representation committee as provided in s. 29.008(1).

23         (5)(a)  The positions and funding for the

24  administration of the circuit indigent representation

25  committee program shall be as appropriated to the public

26  defenders in the General Appropriations Act.

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

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

29  Justice Administrative Commission in the General

30  Appropriations Act.

31  


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    CS for CS for SB 1184                          First Engrossed



 1         (c)  Funds for criminal conflict case fees and expenses

 2  shall be appropriated by the Legislature in a separate

 3  appropriations category within the Justice Administrative

 4  Commission. These funds shall be allocated to each circuit as

 5  prescribed in the General Appropriations Act.

 6         (d)  Separate funds for attorneys' fees and expenses in

 7  conflict cases under chapter 394 shall be appropriated by the

 8  Legislature in a separate appropriations category within the

 9  Justice Administrative Commission.

10         (e)  The Legislature shall appropriate separate funds

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

12  other court-appointed attorney cases in a separate

13  appropriations category within the Justice Administrative

14  Commission.

15         (5)(a)  The clerk of the circuit court in each county

16  shall submit to the Justice Administrative Commission a

17  statement of conflict counsel fees at least annually. Such

18  statement shall identify total expenditures incurred by the

19  county on fees of counsel appointed by the court pursuant to

20  this section where such fees are taxed against the county by

21  judgment of the court. On the basis of such statement of

22  expenditures, the Justice Administrative Commission shall pay

23  state conflict case appropriations to the county. The

24  statement of conflict counsel fees shall be on a form

25  prescribed by the Justice Administrative Commission in

26  consultation with the Legislative Committee on

27  Intergovernmental Relations and the Comptroller. Such form

28  also shall provide for the separate reporting of total

29  expenditures made by the county on attorney fees in cases in

30  which other counsel were appointed by the court where the

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


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    CS for CS for SB 1184                          First Engrossed



 1  stated lack of resources. To facilitate such expenditure

 2  identification and reporting, the public defender, within 7

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

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

 5  sufficient to permit the clerk to identify separately county

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

 7  required to submit any additional information to the

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

 9  otherwise verify the expenditure information provided on the

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

11  paragraph (c).

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

13  circuit court in each county shall submit to the Justice

14  Administrative Commission a report of conflict counsel

15  expenses and costs for the previous local government fiscal

16  year. Such report shall identify expenditures incurred by the

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

18  pursuant to this section where such expenses and costs are

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

20  of expenditures shall be on a form prescribed by the

21  commission in consultation with the Legislative Committee on

22  Intergovernmental Relations and the Comptroller, provided that

23  such form shall at a minimum separately identify total county

24  expenditures for witness fees and expenses, court reporter

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

26  form also shall provide for the separate reporting of total

27  county expenditures on attorney expenses and costs in cases in

28  which other counsel were appointed by the court where the

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

30  stated lack of resources. To facilitate such expenditure

31  identification and reporting, the public defender, within 7


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    CS for CS for SB 1184                          First Engrossed



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

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

 3  information sufficient to permit the clerk to identify

 4  separately county expenditures on expenses and costs of such

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

 6  information to the Justice Administrative Commission on an

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

 8  the expenditure information provided on the report of conflict

 9  counsel expenses and costs form, except as provided in

10  paragraph (c).

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

12  shall submit to the Justice Administrative Commission a

13  statement of compliance from its independent certified public

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

15  forms submitted to the Justice Administrative Commission, as

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

17  county expenditures incurred in public defender

18  conflict-of-interest cases during each reporting period

19  covered by the statements. The statement of compliance also

20  shall state that the expenditures made and reported were in

21  compliance with relevant portions of Florida law. Such

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

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

24  expenditures noted thereon to have been made in compliance

25  with relevant portions of Florida law, no additional

26  information or documentation shall be required to accompany

27  the standardized statement of compliance submitted to the

28  commission. If the statement of compliance submitted by the

29  independent certified public accountant indicates that one or

30  more of the forms contained inaccurate expenditure information

31  or if expenditures incurred were not in compliance with


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    CS for CS for SB 1184                          First Engrossed



 1  relevant portions of Florida law, the commission may require

 2  the submission of additional information as may be necessary

 3  to identify the nature of the problem.

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

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

 6  section, the Justice Administrative Commission may refuse to

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

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

 9  the event that the statement of compliance submitted by a

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

11  the circuit court claimed more than was actually expended by

12  the county, the Justice Administrative Commission may require

13  the clerk to submit complete supporting documentation of the

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

15  ensuing 3-year period.

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

17  available for reimbursement; however, these funds may be

18  reallocated among the counties with the approval of the

19  Justice Administrative Commission in consultation with the

20  chairs of the legislative appropriations committees.

21         (7)  Nothing contained in this chapter shall be

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

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

24  27.53(3) shall continue to be the responsibility of the county

25  pursuant to this chapter.

26         Section 24.  Section 43.35, Florida Statutes, is

27  amended to read:

28         43.35  Witness coordinating programs offices.--Each

29  circuit court administrator shall establish a witness

30  coordinating program office in each county within the his or

31  


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    CS for CS for SB 1184                          First Engrossed



 1  her judicial circuit or shall contract for the creation of

 2  such a program. The program office shall be responsible for:

 3         (1)  Coordinating court appearances, including pretrial

 4  conferences and depositions, for all witnesses who are

 5  subpoenaed in criminal cases, including law enforcement

 6  personnel.

 7         (2)  Contacting witnesses and securing information

 8  necessary to place a witness on an on-call status with regard

 9  to his or her court appearance.

10         (3)  Contacting witnesses to advise them not to report

11  to court in the event the case for which they have been

12  subpoenaed has been continued or has had a plea entered, or in

13  the event there is any other reason why their attendance is

14  not required on the dates they have been ordered to report.

15         (4)  Contacting the employer of a witness, when

16  necessary, to confirm that the employee has been subpoenaed to

17  appear in court as a witness.

18  

19  In addition, the program office may provide additional

20  services to reduce time and wage losses to a minimum for all

21  witnesses.

22         Section 25.  Notwithstanding any law to the contrary,

23  any judicial act may be performed by any judge or justice on

24  any day of the week, including Sundays and holidays.

25         Section 26.  Effective July 1, 2004, sections 27.005,

26  27.006, 27.385, and 29.011, Florida Statutes, paragraph (a) of

27  subsection (1) of section 27.52, Florida Statutes, and

28  subsection (3) of section 40.02, Florida Statutes, are

29  repealed.

30         Section 27.  For the purpose of incorporating the

31  amendments made by this act to sections 27.51 and 27.53,


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    CS for CS for SB 1184                          First Engrossed



 1  Florida Statutes, in references thereto, effective July 1,

 2  2004, section 943.053, Florida Statutes, as otherwise amended

 3  is reenacted to read:

 4         943.053  Dissemination of criminal justice information;

 5  fees.--

 6         (1)  The Department of Law Enforcement shall

 7  disseminate criminal justice information only in accordance

 8  with federal and state laws, regulations, and rules.

 9         (2)  Criminal justice information derived from federal

10  criminal justice information systems or criminal justice

11  information systems of other states shall not be disseminated

12  in a manner inconsistent with the laws, regulations, or rules

13  of the originating agency.

14         (3)  Criminal history information, including

15  information relating to minors, compiled by the Criminal

16  Justice Information Program from intrastate sources shall be

17  available on a priority basis to criminal justice agencies for

18  criminal justice purposes free of charge and, otherwise, to

19  governmental agencies not qualified as criminal justice

20  agencies on an approximate-cost basis. After providing the

21  program with all known identifying information, persons in the

22  private sector may be provided criminal history information

23  upon tender of fees as established and in the manner

24  prescribed by rule of the Department of Law Enforcement.  Such

25  fees shall approximate the actual cost of producing the record

26  information. As used in this subsection, the department's

27  determination of actual cost shall take into account the total

28  cost of creating, storing, maintaining, updating, retrieving,

29  improving, and providing criminal history information in a

30  centralized, automated database, including personnel,

31  technology, and infrastructure expenses. Actual cost shall be


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    CS for CS for SB 1184                          First Engrossed



 1  computed on a fee-per-record basis, and any access to criminal

 2  history information by the private sector as provided in this

 3  subsection shall be assessed the per-record fee without regard

 4  to the quantity or category of criminal history record

 5  information requested. Fees may be waived by the executive

 6  director of the Department of Law Enforcement for good cause

 7  shown.

 8         (4)  Criminal justice information provided by the

 9  Department of Law Enforcement shall be used only for the

10  purpose stated in the request.

11         (5)  Notwithstanding any other provision of law, the

12  department shall provide to the Florida Department of Revenue

13  Child Support Enforcement access to Florida criminal records

14  which are not exempt from disclosure under chapter 119, and to

15  such information as may be lawfully available from other

16  states via the National Law Enforcement Telecommunications

17  System, for the purpose of locating subjects who owe or

18  potentially owe support, as defined in s. 409.2554, or to whom

19  such obligation is owed pursuant to Title IV-D of the Social

20  Security Act. Such information may be provided to child

21  support enforcement authorities in other states for these

22  specific purposes.

23         (6)  Notwithstanding any other provision of law, the

24  department shall provide to each office of the public defender

25  on-line access to criminal records of this state which are not

26  exempt from disclosure under chapter 119 or confidential under

27  law. Such access shall be used solely in support of the duties

28  of a public defender as provided in s. 27.51 or of any

29  attorney specially assigned as authorized in s. 27.53 in the

30  representation of any person who is determined indigent as

31  provided in s. 27.52. The costs of establishing and


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    CS for CS for SB 1184                          First Engrossed



 1  maintaining such on-line access shall be borne by the office

 2  to which the access has been provided.

 3         (7)  Notwithstanding the provisions of s. 943.0525, and

 4  any user agreements adopted pursuant thereto, and

 5  notwithstanding the confidentiality of sealed records as

 6  provided for in s. 943.059, the sheriff of any county that has

 7  contracted with a private entity to operate a county detention

 8  facility pursuant to the provisions of s. 951.062 shall

 9  provide that private entity, in a timely manner, copies of the

10  Florida criminal history records for its inmates. The sheriff

11  may assess a charge for the Florida criminal history records

12  pursuant to the provisions of chapter 119. Sealed records

13  received by the private entity under this section remain

14  confidential and exempt from the provisions of s. 119.07(1).

15         (8)  Notwithstanding the provisions of s. 943.0525, and

16  any user agreements adopted pursuant thereto, and

17  notwithstanding the confidentiality of sealed records as

18  provided for in s. 943.059, the Department of Corrections

19  shall provide, in a timely manner, copies of the Florida

20  criminal history records for inmates housed in a private state

21  correctional facility to the private entity under contract to

22  operate the facility pursuant to the provisions of s. 944.105

23  or s. 957.03. The department may assess a charge for the

24  Florida criminal history records pursuant to the provisions of

25  chapter 119. Sealed records received by the private entity

26  under this section remain confidential and exempt from the

27  provisions of s. 119.07(1).

28         (9)  Notwithstanding the provisions of s. 943.0525 and

29  any user agreements adopted pursuant thereto, and

30  notwithstanding the confidentiality of sealed records as

31  provided for in s. 943.059, the Department of Juvenile Justice


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    CS for CS for SB 1184                          First Engrossed



 1  or any other state or local criminal justice agency may

 2  provide copies of the Florida criminal history records for

 3  juvenile offenders currently or formerly detained or housed in

 4  a contracted juvenile assessment center or detention facility

 5  or serviced in a contracted treatment program and for

 6  employees or other individuals who will have access to these

 7  facilities, only to the entity under direct contract with the

 8  Department of Juvenile Justice to operate these facilities or

 9  programs pursuant to the provisions of s. 985.411. The

10  criminal justice agency providing such data may assess a

11  charge for the Florida criminal history records pursuant to

12  the provisions of chapter 119. Sealed records received by the

13  private entity under this section remain confidential and

14  exempt from the provisions of s. 119.07(1).  Information

15  provided under this section shall be used only for the

16  criminal justice purpose for which it was requested and may

17  not be further disseminated.

18         Section 28.  For the purpose of implementing Section

19  14, Article V of the State Constitution, the transfer of the

20  funding responsibility for the state courts system shall not

21  affect the validity of any judicial or administrative

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

23  providing appropriations on and after July 1, 2004, shall be

24  considered the successor in interest to any existing

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

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

27         Section 29.  (1)  The Chief Financial Officer shall

28  provide to the Legislature detailed information on all costs

29  of court-related services provided by the counties for the

30  county fiscal year ended September 30, 2002. The required

31  information must be provided to the Chief Financial Officer by


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    CS for CS for SB 1184                          First Engrossed



 1  the clerks of the court, or the appropriate county officer in

 2  counties where the clerk of the court is not the county's

 3  chief financial officer, in such manner as is prescribed by

 4  the Chief Financial Officer and subject to reporting deadlines

 5  prescribed by the Chief Financial Officer. The clerks of the

 6  court, state attorneys, public defenders, court

 7  administrators, boards of county commissioners, and sheriffs

 8  must provide such assistance to the Chief Financial Officer in

 9  the gathering of the necessary cost data as is requested by

10  the Chief Financial Officer. The Legislative Committee on

11  Intergovernmental Relations also shall assist in gathering and

12  assessing the cost data and provide technical assistance as

13  requested by the Chief Financial Officer. The Auditor General

14  shall provide technical advice with respect to the gathering

15  and analysis of the cost data.

16         (2)  Cost information shall be reported to the Chief

17  Financial Officer at the transaction code level and, for

18  specific transaction codes specified by the Chief Financial

19  Officer, object and sub-object level, as set forth in the

20  Uniform Accounting System Manual developed by the Chief

21  Financial Officer pursuant to section 218.33, Florida

22  Statutes. In addition, costs must be reported for such

23  specific programs or purposes categories as determined

24  necessary by the Chief Financial Officer. Cost information

25  provided for such programs or purposes includes identification

26  of the specific account classifications within the Uniform

27  Accounting System Manual to which the costs were recorded. The

28  clerks of the court, or the appropriate county officer in

29  counties where the clerk of the court is not the county's

30  chief financial officer, must reconcile the cost information

31  provided to the Chief Financial Officer with the Annual


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    CS for CS for SB 1184                          First Engrossed



 1  Financial Report, which is required by section 218.32, Florida

 2  Statutes. The clerks of the court must provide the Chief

 3  Financial Officer with written certification, signed by the

 4  clerks of the court, state attorneys, public defenders, court

 5  administrators, boards of county commissions' chairpersons,

 6  and sheriffs attesting to the accuracy of the cost

 7  information.

 8         (3)  The Chief Financial Officer shall reimburse

 9  individuals for travel costs incurred as a result of

10  participation in the gathering and analysis of the cost data

11  from funds specifically appropriated for such purpose.

12         (4)  The Chief Financial Officer shall provide a report

13  to the chairs of the Senate and House appropriations

14  committees no later than November 1, 2003, summarizing the

15  court-related cost information submitted by the clerks of the

16  court.

17         (5)  The sum of $50,000 from the General Revenue Fund

18  is appropriated to the Department of Financial Services for

19  state fiscal year 2003-2004 to support this project.

20         Section 30.  Subsection (1) of section 25.073, Florida

21  Statutes, is amended to read:

22         25.073  Retired justices or judges assigned to

23  temporary duty; additional compensation; appropriation.--

24         (1)  For purposes of this section, the term "retired

25  justice" or "retired judge" means any former justice or judge

26  who:

27         (a)  Has not been defeated in seeking reelection to, or

28  has not failed to be retained in seeking retention in, his or

29  her last judicial office or was not defeated when last seeking

30  election to judicial office; and

31         (b)  Is not engaged in the practice of law.


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    CS for CS for SB 1184                          First Engrossed



 1         Section 31.  Except as otherwise expressly provided in

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

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