Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 360
                        Barcode 120086
                            CHAMBER ACTION
              Senate                               House
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       04/21/2006 10:52 AM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 11, lines 24 and 25, delete those lines
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16  and insert:  hour, up to a maximum of $2,500, before after
17  accepting appointment and filing a notice of appearance to
18  review the files and status of the case in order to determine
19  whether to accept appointment under the payment schedule in s.
20  27.711. If, after review of the case, the attorney determines
21  that payment under the statutory schedule would not provide
22  adequate compensation for the foreseeable duties associated
23  with the prospective appointment, the attorney must either
24  decline the appointment or submit to the Chief Financial
25  Officer for approval a proposed budget that sets forth the
26  attorney's projection of the number of hours and duties
27  necessary for the representation. If the Chief Financial
28  Officer does not approve the budget, the attorney shall notify
29  the court that he or she is unable to accept the proposed
30  appointment. If the Chief Financial Officer approves the
31  attorney's proposed budget, the attorney must accept the
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    7:22 PM   04/18/06                             s0360c2c-32-e0a

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 360 Barcode 120086 1 representation and execute with the Chief Financial Officer a 2 fixed-fee contract that incorporates the budget. By executing 3 the contract, the attorney agrees that the contract is a 4 fixed-fee contract and must be strictly construed and 5 interpreted under general contract law, notwithstanding the 6 cases of Makemson and its progeny. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 2, line 10, after the second semicolon, 12 13 insert: 14 providing that an attorney may submit to the 15 Chief Financial Officer for approval a proposed 16 budget as an alternative to the statutory 17 attorney's fees for representing a capital 18 defendant; requiring the attorney to accept 19 representation and execute a fixed-fee contract 20 if the proposed budget is approved; 21 22 23 24 25 26 27 28 29 30 31 2 7:22 PM 04/18/06 s0360c2c-32-e0a