Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 1088
                        Barcode 322874
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       04/11/2007 01:52 PM         .                    
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 55, line 6, through
15            page 63, line 21, delete those lines
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17  and redesignate subsequent sections.  
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20  ================ T I T L E   A M E N D M E N T ===============
21  And the title is amended as follows:
22         On page 1, line 2, through
23            page 6, line 13 delete those lines
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25  and insert:
26         An act relating to due process; amending s.
27         27.40, F.S.; providing for offices of criminal
28         conflict and civil regional counsel to be
29         appointed to represent persons in certain cases
30         in which the public defender is unable to
31         provide representation; providing for private
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    5:12 PM   04/10/07                             s1088c1c-31-r7t

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 counsel to be appointed only when the public 2 defender and the regional counsel are unable to 3 provide representation; providing for the clerk 4 of court to maintain the registry of attorneys 5 available for appointment; providing for 6 compensation of appointed counsel who are not 7 on the registry; requiring attorneys to 8 maintain records in order to claim 9 extraordinary compensation; creating s. 27.405, 10 F.S.; requiring the Justice Administrative 11 Commission to track expenditures of 12 court-appointed counsel; requiring reports 13 concerning expenditures and certain 14 characteristics of court-appointed counsel; 15 creating s. 27.425, F.S.; requiring the chief 16 circuit judge to recommend compensation rates 17 for providers of due process services; 18 providing for rates to be prescribed in the 19 General Appropriations Act; creating s. 27.511, 20 F.S.; creating an office of criminal conflict 21 and civil regional counsel within the 22 boundaries of each of the five district courts 23 of appeal; providing legislative intent; 24 directing the Justice Administrative Commission 25 to provide administrative support to the 26 offices; prescribing qualifications for and 27 providing for appointment of the regional 28 counsel; providing prohibitions related to the 29 practice of law; requiring that the criminal 30 conflict and civil regional counsel be 31 appointed when the public defender has a 2 5:12 PM 04/10/07 s1088c1c-31-r7t
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 conflict of interest in specified cases; 2 prohibiting appointment of the office in 3 certain circumstances; providing for appellate 4 representation; providing for the regional 5 counsel to provide representation in certain 6 civil proceedings; providing for 7 appropriations; providing that no county be 8 required to provide funding to any office of 9 criminal conflict and civil regional counsel; 10 amending s. 27.512, F.S., relating to orders of 11 no imprisonment; conforming provisions to the 12 creation of the regional offices; amending s. 13 27.52, F.S., relating to the determination of 14 indigent status; conforming provisions to the 15 creation of the regional offices; amending s. 16 27.525, F.S.; revising the purposes of the 17 Indigent Criminal Defense Trust Fund; amending 18 s. 27.53, F.S.; authorizing the regional 19 counsel to employ assistant regional counsel; 20 authorizing certain investigators to carry 21 concealed weapons and serve process under 22 certain conditions; requiring the regional 23 counsel to develop coordinated classification 24 and pay plans; providing for appropriations to 25 be determined by a funding formula; amending s. 26 27.5301, F.S.; providing for salaries for the 27 regional counsel and assistant counsel; 28 amending s. 27.5303, F.S., relating to 29 conflicts of interest in the representation of 30 indigent defendants; conforming provisions to 31 changes made by the act; eliminating the 3 5:12 PM 04/10/07 s1088c1c-31-r7t
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 authority for the Justice Administrative 2 Commission to contest motions to withdraw; 3 providing for the regional counsel to file a 4 motion to withdraw from a criminal or civil 5 case due to a conflict of interest; providing 6 procedures and criteria; amending s. 27.5304, 7 F.S., relating to compensation of private 8 court-appointed counsel, to conform; providing 9 that compensation is based upon a flat fee 10 prescribed in the General Appropriations Act; 11 revising and eliminating certain procedures 12 relating to billings; raising the maximum fee 13 for representation in capital cases; 14 prescribing fee limits for representation in 15 certain dependency proceedings; prescribing 16 conditions, procedures, and amounts for paying 17 compensation to counsel in excess of 18 established limits; requiring counsel to file a 19 motion and submit documentation; providing for 20 a hearing; requiring a written order and 21 findings; requiring the Office of State Courts 22 Administrator to report data on compensation 23 exceeding prescribed limits; amending s. 27.54, 24 F.S., relating to payments for public 25 defenders; conforming provisions to the 26 creation of the offices of criminal conflict 27 and civil regional counsel; providing that no 28 county shall appropriate or expend funds for 29 the offices of criminal conflict and civil 30 regional counsel; amending s. 27.59, F.S.; 31 authorizing the regional counsel to have access 4 5:12 PM 04/10/07 s1088c1c-31-r7t
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 to prisoners; amending s. 28.24, F.S.; 2 requiring the clerk of court to provide certain 3 services to the criminal conflict and civil 4 regional counsel without charge; amending s. 5 28.345, F.S.; exempting the regional counsel 6 from certain court-related fees and charges; 7 amending s. 29.001, F.S.; providing for the 8 public defenders' offices to include the 9 criminal conflict and civil regional counsel 10 for purposes of implementing provisions of the 11 State Constitution; providing for state 12 funding; amending ss. 29.006 and 29.007, F.S., 13 relating to indigent defense costs and 14 court-appointed counsel; conforming provisions 15 to the creation of the regional counsel; 16 amending s. 29.015, F.S., relating to deficits 17 in due-process funds; conforming provisions to 18 the creation of the regional counsel; revising 19 procedures for use of certain contingency 20 funds; amending s. 29.018, F.S., relating to 21 cost sharing of due-process services; 22 conforming provisions to the creation of the 23 regional counsel; amending s. 39.815, F.S.; 24 conforming a cross-reference; amending s. 25 43.16, F.S.; authorizing the Justice 26 Administrative Commission to provide 27 administrative assistance to criminal conflict 28 and civil regional counsel; revising the 29 application of provisions to conform to changes 30 made by the act; amending s. 57.082, F.S.; 31 revising provisions governing the determination 5 5:12 PM 04/10/07 s1088c1c-31-r7t
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 of civil indigent status in order to include 2 the appointment of public attorneys in addition 3 to private attorneys; requiring the court to 4 appoint the office of criminal conflict and 5 civil regional counsel in certain civil cases; 6 amending s. 110.205, F.S.; exempting officers 7 and employees of the regional offices from the 8 state career service system; amending s. 9 125.69, F.S.; authorizing counties to contract 10 with the regional counsel to represent 11 defendants charged with violations of 12 ordinances; amending s. 216.011, F.S.; 13 providing that the regional offices are state 14 agencies for state budgeting purposes; amending 15 s. 744.331, F.S.; providing for the appointment 16 of the office of criminal conflict and civil 17 regional counsel for alleged incapacitated 18 persons; providing a temporary exception from 19 certain education requirements for regional 20 counsel; amending s. 938.29, F.S.; providing 21 that certain defendants are liable for regional 22 counsel fees and certain due-process costs; 23 creating a lien against the property of persons 24 who receive regional counsel representation and 25 other due-process services; creating a lien 26 against certain parents for fees and costs; 27 providing for enforcement by the clerk and 28 valuation of fees and costs by the court; 29 repealing s. 27.42, F.S., relating to circuit 30 Article V indigent services committees; 31 providing legislative findings and intent 6 5:12 PM 04/10/07 s1088c1c-31-r7t
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1088 Barcode 322874 1 regarding implementation of the act; providing 2 effective dates. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 5:12 PM 04/10/07 s1088c1c-31-r7t