Amendment
Bill No. 1088

Amendment No. 428497

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Dean offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 27.40, Florida Statutes, is amended to
6	read:
7	27.40  Appointed Court-appointed counsel system; component
8	programs circuit registries; minimum requirements; appointment
9	by court.--
10	(1)  Counsel shall be appointed by the public defender of
11	the circuit to represent any individual in a criminal or civil
12	proceeding entitled to appointed court-appointed counsel under
13	the Federal or State Constitution or as authorized by general
14	law. No court may order that a particular attorney be named as
15	an appointed attorney in a case. No court may enter any court
16	order affecting, nor otherwise direct or control, the provision
17	of appointed attorney services; however, a court shall not be
18	prohibited from exercising traditional means of discipline of
19	attorneys appearing before the court. Any reference in this part
20	to the appointment of the public defender shall also refer to
21	the subsequent selection and appointment by the public defender
22	of another attorney to represent an individual in the event of a
23	conflict of interest or for representation of indigent litigants
24	in civil proceedings where necessary to meet constitutional or
25	statutory requirements The court shall appoint a public defender
26	to represent indigent persons as authorized in s. 27.51. Private
27	counsel shall be appointed to represent indigents in those cases
28	in which provision is made for court-appointed counsel but the
29	public defender is unable to provide representation due to a
30	conflict of interest or is not authorized to provide
31	representation.
32	(2)  The public defender of each judicial circuit shall be
33	the administrator of all appointed attorney services authorized
34	under s. 27.51 within the circuit. The public defender shall
35	administratively create component programs as a separate unit of
36	each public defender's office, and the public defender shall
37	sufficiently insulate the units from each other so as to ensure
38	that confidential client information is not exchanged. Component
39	programs under the administration of each public defender shall
40	include the following:
41	(a)  A criminal and delinquency program, which shall
42	represent any person described in s. 27.51(1)(a), (b), or (c).
43	(b)  A dependency and termination of parental rights
44	program, which shall represent any person described in s.
45	27.51(1)(e).
46	(c)  A civil program, which shall represent any person
47	described in s. 27.51(1)(d) and (f)-(m).
48	(d)  A conflict program, which shall represent any person
49	described in s. 27.51(1)(a)-(m) when a conflict of interest
50	exists in accordance with s. 27.5303. Private counsel appointed
51	by the court to provide representation shall be selected from a
52	registry of individual attorneys established by the circuit
53	Article V indigent services committee or procured through a
54	competitive bidding process.
55	(3)  Each public defender shall have the authority to
56	determine the most cost-effective method or methods for the
57	delivery of appointed attorney services for that public
58	defender's circuit. Authorized methods shall include, but not be
59	limited to, the use of state employees, cross-circuit conflict
60	representation, assigned attorney registries, and contractual
61	agreements with individual attorneys, law firms, or groups of
62	attorneys or law firms. Any contractual agreement may be
63	terminated by a successor public defender without penalty. No
64	contract or agreement may obligate the state to pay sums in
65	excess of the moneys appropriated to the public defender for
66	indigent services, and any contract shall be subject to annual
67	appropriations. In utilizing a registry:
68	(a)  Each circuit Article V indigent services committee
69	shall compile and maintain a list of attorneys in private
70	practice, by county and by category of cases. From October 1,
71	2005, through September 30, 2007, the list of attorneys compiled
72	by the Eleventh Judicial Circuit shall provide the race, gender,
73	and national origin of assigned attorneys. To be included on a
74	registry, attorneys shall certify that they meet any minimum
75	requirements established in general law for court appointment,
76	are available to represent indigent defendants in cases
77	requiring court appointment of private counsel, and are willing
78	to abide by the terms of the contract for services. To be
79	included on a registry, an attorney also must enter into a
80	contract for services with the Justice Administrative
81	Commission. Failure to comply with the terms of the contract for
82	services may result in termination of the contract and removal
83	from the registry. Each attorney on the registry shall be
84	responsible for notifying the circuit Article V indigent
85	services committee and the Justice Administrative Commission of
86	any change in his or her status. Failure to comply with this
87	requirement shall be cause for termination of the contract for
88	services and removal from the registry until the requirement is
89	fulfilled.
90	(b)  The court shall appoint attorneys in rotating order in
91	the order in which names appear on the applicable registry,
92	unless the court makes a finding of good cause on the record for
93	appointing an attorney out of order. An attorney not appointed
94	in the order in which his or her name appears on the list shall
95	remain next in order.
96	(c)  If it finds the number of attorneys on the registry in
97	a county or circuit for a particular category of cases is
98	inadequate, the circuit Article V indigent services committee
99	shall notify the chief judge of the particular circuit in
100	writing. The chief judge shall submit the names of at least
101	three private attorneys with relevant experience. The clerk of
102	court shall send an application to each of these attorneys to
103	register for appointment.
104	(d)  Quarterly, each circuit Article V indigent services
105	committee shall provide a current copy of each registry to the
106	Chief Justice of the Supreme Court, the chief judge, the state
107	attorney and public defender in each judicial circuit, the clerk
108	of court in each county, the Justice Administrative Commission,
109	and the Indigent Services Advisory Board. From October 1, 2005,
110	through September 30, 2007, the report submitted by the Eleventh
111	Judicial Circuit shall include the race, gender, and national
112	origin of all attorneys listed in and appointed under the
113	registry.
114	(4)  To be eligible for court appointment, an attorney must
115	be a member in good standing of The Florida Bar, must meet in
116	addition to any other qualifications specified by general law,
117	and must meet any criteria established by the public defender.
118	(5)  The Justice Administrative Commission shall approve
119	uniform contract forms for use in procuring the services of
120	private court-appointed counsel and uniform procedures and forms
121	for use by a court-appointed attorney in support of billing for
122	attorney's fees, costs, and related expenses to demonstrate the
123	attorney's completion of specified duties.
124	(6)  After court appointment, the attorney must immediately
125	file a notice of appearance with the court indicating acceptance
126	of the appointment to represent the defendant.
127	(5)(7)(a)  A private An attorney appointed by a public
128	defender to represent a defendant or other client is entitled to
129	payment for services pursuant to s. 27.5304, only upon full
130	performance by the attorney of specified duties, adherence to
131	any billing procedures specified in the contract by the public
132	defender, submission of all documentation required by the
133	contract, approval of payment by the public defender, court,
134	except for payment based on a flat fee per case as provided in
135	s. 27.5304; and attorney submission of a payment request to the
136	Justice Administrative Commission within 60 days following
137	completion of the work unless otherwise specified in the
138	contract. Upon being permitted to withdraw from a case, a court-
139	appointed attorney shall submit a copy of the order to the
140	Justice Administrative Commission at the time it is issued by
141	the court. If a private an attorney is permitted to withdraw or
142	is otherwise removed from representation prior to full
143	performance of the duties specified in this section for reasons
144	other than breach of duty, the public defender trial court shall
145	approve payment of attorney's fees and costs for work performed
146	as provided in the contract in an amount not to exceed the
147	amounts specified in s. 27.5304. Withdrawal from a case prior to
148	full performance of the duties specified shall create a
149	rebuttable presumption that the attorney is not entitled to the
150	entire flat fee for those cases paid on a flat-fee-per-case
151	basis.
152	(6)(b)  A private The attorney shall maintain appropriate
153	documentation, including a current and detailed hourly
154	accounting of time spent representing the defendant or other
155	client. These records and documents are subject to review by the
156	public defender and the Justice Administrative Commission,
157	subject to the attorney-client privilege and work product
158	privilege. Subject to the attorney-client privilege, these
159	records and documents shall be made available to the Governor,
160	the Legislature, and the general public upon request.
161	(7)(8)  Subject to the attorney-client privilege and the
162	work-product privilege, a private an attorney who withdraws or
163	is removed from representation shall deliver all files, notes,
164	documents, and research to a the successor attorney within 15
165	days after receiving notice from the successor attorney
166	designated by the public defender. The successor attorney shall
167	bear the cost of transmitting all files, notes, documents, and
168	research.
169	(8)(9)  A circuit Article V indigent services committee or
170	Any interested person may advise the public defender court of
171	any circumstance affecting the quality of representation,
172	including, but not limited to, false or fraudulent billing,
173	misconduct, failure to meet continuing legal education
174	requirements, solicitation to receive compensation from the
175	defendant or other client a private the attorney is appointed to
176	represent, or failure to file appropriate motions in a timely
177	manner.
178	(9)(10)  This section does not apply to attorneys appointed
179	to represent persons in postconviction capital collateral cases
180	pursuant to part IV of this chapter.
181	Section 2.  Section 27.42, Florida Statutes, is repealed.
182	Section 3.  Subsections (1) and (2) of section 27.51,
183	Florida Statutes, are amended, and subsection (7) is added to
184	that section, to read:
185	27.51  Duties of public defender.--
186	(1)  The public defender shall represent, or secure
187	representation for, without additional compensation, any person
188	determined to be indigent under s. 27.52 and:
189	(a)  Under arrest for, or charged with, a felony;
190	(b)  Under arrest for, or charged with:
191	1.  A misdemeanor authorized for prosecution by the state
192	attorney;
193	2.  A violation of chapter 316 punishable by imprisonment;
194	3.  Criminal contempt; or
195	4.  A violation of a special law or county or municipal
196	ordinance ancillary to a state charge, or if not ancillary to a
197	state charge, only if the public defender contracts with the
198	county or municipality to provide representation pursuant to ss.
199	27.54 and 125.69.
200
201	The public defender shall not provide representation pursuant to
202	this paragraph if the court, prior to trial, files in the cause
203	an order of no imprisonment as provided in s. 27.512;
204	(c)  Alleged to be a delinquent child pursuant to a
205	petition filed before a circuit court;
206	(d)  Sought by petition filed in such court to be
207	involuntarily placed as a mentally ill person under part I of
208	chapter 394, involuntarily committed as a sexually violent
209	predator under part V of chapter 394, or involuntarily admitted
210	to residential services as a person with developmental
211	disabilities under chapter 393. A public defender shall not
212	represent any plaintiff in a civil action brought under the
213	Florida Rules of Civil Procedure, the Federal Rules of Civil
214	Procedure, or the federal statutes, or represent a petitioner in
215	a rule challenge under chapter 120, unless specifically
216	authorized by statute;
217	(e)  The parent of a child involved in shelter hearings and
218	termination of parental rights proceedings as specifically
219	authorized under parts V and XI of chapter 39;
220	(f)  Alleged to be infected with a sexually transmitted
221	disease and for whom isolation, hospitalization, or confinement
222	is sought pursuant to chapter 384;
223	(g)  A minor who petitions the court for waiver of parental
224	notification under s. 390.01114;
225	(h)  Alleged to be infected with active tuberculosis and
226	for whom isolation, hospitalization, or confinement is sought
227	pursuant to chapter 392;
228	(i)  Alleged to be substance-abuse impaired and for whom
229	involuntary assessment, stabilization, or treatment is sought
230	pursuant to chapter 397;
231	(j)  Alleged to be a vulnerable adult in need of protective
232	services pursuant to s. 415.1051;
233	(k)  Alleged to be incapacitated and for whom an
234	involuntary guardianship is sought pursuant to chapter 744;
235	(l)  A person for whom involuntary commitment is sought
236	subsequent to an acquittal by reason of insanity pursuant to s.
237	916.15;
238	(m)  A parent of a child alleged to be in need of services
239	or as a child alleged to be in contempt under chapter 984;
240	(n)(e)  Convicted and sentenced to death, for purposes of
241	handling an appeal to the Supreme Court; or
242	(o)(f)  Is appealing a matter in a case arising under
243	paragraphs (a)-(n) (a)-(d).
244	(2)  The court may not appoint the public defender may not
245	be appointed to represent, even on a temporary basis, any person
246	who is not indigent. The court, however, may appoint private
247	counsel in capital cases as provided in ss. 27.40 and 27.5303.
248	Section 4.  Subsection (1) of section 27.512, Florida
249	Statutes, is amended to read:
250	27.512  Order of no imprisonment.--
251	(1)  In each case set forth in s. 27.51(1)(b), in which the
252	court determines that it will not sentence the defendant to
253	imprisonment if convicted, the court shall issue an order of no
254	imprisonment and the court may not appoint the public defender
255	may not be appointed to represent the defendant. If the court
256	issues an order of no imprisonment following the appointment of
257	the public defender, the court shall immediately terminate the
258	public defender's services. However, if at any time the court
259	withdraws the order of no imprisonment with respect to an
260	indigent defendant, the court shall appoint the public defender
261	to represent the defendant.
262	Section 5.  Paragraphs (b) and (d) of subsection (1),
263	paragraph (c) of subsection (2), subsection (3), paragraph (b)
264	of subsection (4), subsections (5) and (6), and paragraph (a) of
265	subsection (7) of section 27.52, Florida Statutes, are amended
266	to read:
267	27.52  Determination of indigent status.--
268	(1)  APPLICATION TO THE CLERK.--A person seeking
269	appointment of a public defender under s. 27.51 based upon an
270	inability to pay must apply to the clerk of the court for a
271	determination of indigent status using an application form
272	developed by the Florida Clerks of Court Operations Corporation
273	with final approval by the Supreme Court.
274	(b)  An applicant shall pay a $40 application fee to the
275	clerk for each application for appointed court-appointed counsel
276	filed. The applicant shall pay the fee within 7 days after
277	submitting the application. If the applicant does not pay the
278	fee prior to the disposition of the case, the clerk shall notify
279	the court, and the court shall:
280	1.  Assess the application fee as part of the sentence or
281	as a condition of probation; or
282	2.  Assess the application fee pursuant to s. 938.29.
283	(d)  All application fees collected by the clerk under this
284	section shall be transferred monthly by the clerk to the
285	Department of Revenue for deposit in the Indigent Services
286	Criminal Defense Trust Fund administered by the Justice
287	Administrative Commission, to be used to as appropriated by the
288	Legislature. The clerk may retain 2 percent of application fees
289	collected monthly for administrative costs prior to remitting
290	the remainder to the Department of Revenue.
291	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
292	shall determine whether an applicant seeking appointment of a
293	public defender is indigent based upon the information provided
294	in the application and the criteria prescribed in this
295	subsection.
296	(c)1.  If the clerk determines that the applicant is
297	indigent, the clerk shall submit the determination to the office
298	of the public defender and immediately file the determination in
299	the case file.
300	2.  If the public defender is unable to provide
301	representation due to a conflict pursuant to s. 27.5303, the
302	public defender shall move the court for withdrawal from
303	representation and appointment of private counsel.
304	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
305	of the court has not made a determination of indigent status at
306	the time a person requests appointment of a public defender, the
307	court shall make a preliminary determination of indigent status,
308	pending further review by the clerk, and may, by court order,
309	appoint the a public defender or private counsel on an interim
310	basis.
311	(4)  REVIEW OF CLERK'S DETERMINATION.--
312	(b)  Based upon its review, the court shall make one of the
313	following determinations and, if the applicant is indigent,
314	shall appoint the a public defender or, if appropriate, private
315	counsel:
316	1.  The applicant is not indigent.
317	2.  The applicant is indigent.
318	(5)  INDIGENT FOR COSTS.--No funds appropriated to the
319	public defender or the Justice Administrative Commission shall
320	be expended for costs incurred by privately retained counsel or
321	a pro se litigant or defendant except as specifically authorized
322	by this chapter and the public defender. A person who is
323	eligible to be represented by a public defender under s. 27.51
324	but who is represented by private counsel not appointed by the
325	court for a reasonable fee as approved by the court, on a pro
326	bono basis, or who is proceeding pro se, may move the court for
327	a determination that he or she is indigent for costs and
328	eligible for the provision of due process services, as
329	prescribed by ss. 29.006 and 29.007, funded by the state.
330	(a)  The person must submit to the court:
331	1.  The completed application prescribed in subsection (1).
332	2.  In the case of a person represented by counsel, an
333	affidavit attesting to the estimated amount of attorney's fees
334	and the source of payment for these fees.
335	(b)  In reviewing the motion, the court shall consider:
336	1.  Whether the applicant applied for a determination of
337	indigent status under subsection (1) and the outcome of such
338	application.
339	2.  The extent to which the person's income equals or
340	exceeds the income criteria prescribed in subsection (2).
341	3.  The additional factors prescribed in subsection (4).
342	4.  Whether the applicant is proceeding pro se.
343	5.  When the applicant retained private counsel.
344	6.  The amount of any attorney's fees and who is paying the
345	fees.
346	(c)  Based upon its review, the court shall make one of the
347	following determinations:
348	1.  The applicant is not indigent for costs.
349	2.  The applicant is indigent for costs.
350	(d)  The provision of due process services based upon a
351	determination that a person is indigent for costs under this
352	subsection must be effectuated pursuant to a court order, a copy
353	of which the clerk shall provide to counsel representing the
354	person, or to the person directly if he or she is proceeding pro
355	se, for use in requesting payment of due process expenses
356	through the Justice Administrative Commission. Counsel
357	representing a person declared indigent for costs shall execute
358	the Justice Administrative Commission's contract for counsel
359	representing persons determined to be indigent for costs.
360	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
361	parent or legal guardian of an applicant who is a minor or an
362	adult tax-dependent person shall furnish the minor or adult tax-
363	dependent person with the necessary legal services and costs
364	incident to a delinquency proceeding or, upon transfer of such
365	person for criminal prosecution as an adult pursuant to chapter
366	985, a criminal prosecution in which the person has a right to
367	legal counsel under the Constitution of the United States or the
368	Constitution of the State of Florida. The failure of a parent or
369	legal guardian to furnish legal services and costs under this
370	section does not bar the appointment of legal counsel pursuant
371	to this section, s. 27.40, or s. 27.5303. When the public
372	defender, a private court-appointed conflict counsel, or a
373	private attorney is appointed to represent a minor or an adult
374	tax-dependent person in any proceeding in circuit court or in a
375	criminal proceeding in any other court, the parents or the legal
376	guardian shall be liable for payment of the fees, charges, and
377	costs of the representation even if the person is a minor being
378	tried as an adult. Liability for the fees, charges, and costs of
379	the representation shall be imposed in the form of a lien
380	against the property of the nonindigent parents or legal
381	guardian of the minor or adult tax-dependent person. The lien is
382	enforceable as provided in s. 27.561 or s. 938.29.
383	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
384	(a)  If the court learns of discrepancies between the
385	application or motion and the actual financial status of the
386	person found to be indigent or indigent for costs, the court
387	shall determine whether the public defender or private attorney
388	shall continue representation or whether the authorization for
389	any other due process services previously authorized shall be
390	revoked. The person may be heard regarding the information
391	learned by the court. If the court, based on the information,
392	determines that the person is not indigent or indigent for
393	costs, the court shall order the public defender or private
394	attorney to discontinue representation and revoke the provision
395	of any other authorized due process services.
396	Section 6.  Section 27.525, Florida Statutes, is amended to
397	read:
398	27.525  Indigent Services Criminal Defense Trust Fund.--The
399	Indigent Services Criminal Defense Trust Fund is hereby created,
400	to be administered by the Justice Administrative Commission.
401	Funds shall be credited to the trust fund as provided in s.
402	27.52, to be used exclusively for indigent services in each
403	circuit in accordance with this part the purposes set forth
404	therein. The Justice Administrative Commission shall account for
405	these funds on a circuit basis, and appropriations from the fund
406	shall be proportional to each circuit's collections.
407	Section 7.  Subsection (1) of section 27.53, Florida
408	Statutes, is amended to read:
409	27.53  Appointment of assistants and other staff; method of
410	payment.--
411	(1)(a)  The public defender of each judicial circuit is
412	authorized to employ and establish, in such numbers as
413	authorized by the General Appropriations Act, assistant public
414	defenders and other staff and personnel pursuant to s. 29.006,
415	who shall be paid from funds appropriated for that purpose.
416	(b)  Notwithstanding the provisions of s. 790.01, s.
417	790.02, or s. 790.25(2)(a), an investigator employed by a public
418	defender, while actually carrying out official duties, is
419	authorized to carry concealed weapons if the investigator
420	complies with s. 790.25(3)(o). However, such investigators are
421	not eligible for membership in the Special Risk Class of the
422	Florida Retirement System. Each investigator employed by a
423	public defender shall have full authority to serve any witness
424	subpoena or court order issued, by any court or judge within any
425	judicial circuit served by the public defender, in a criminal
426	case in which the public defender has been appointed.
427	(c)  The public defenders of all judicial circuits shall
428	jointly develop a coordinated classification and pay plan which
429	shall be submitted on or before January 1 of each year to the
430	Justice Administrative Commission, the office of the President
431	of the Senate, and the office of the Speaker of the House of
432	Representatives. Such plan shall be developed in accordance with
433	policies and procedures of the Executive Office of the Governor
434	established in s. 216.181.
435	(d)  Each assistant public defender appointed by a public
436	defender under this section shall serve at the pleasure of the
437	public defender. Each investigator employed by a public defender
438	shall have full authority to serve any witness subpoena or court
439	order issued, by any court or judge within the judicial circuit
440	served by such public defender, in a criminal case in which such
441	public defender has been appointed to represent the accused.
442	Section 8.  Section 27.5303, Florida Statutes, is amended
443	to read:
444	27.5303  Public defenders; conflict of interest.--
445	(1)(a)  If, at any time during the representation of two or
446	more clients defendants, a public defender determines that the
447	interests of those clients accused are so adverse or hostile
448	that they cannot all be counseled by members of the public
449	defender or his or her staff practicing within a single unit of
450	his or her office without conflict of interest, or that none can
451	be counseled by the public defender or his or her staff because
452	of a conflict of interest, then the public defender shall file a
453	notice of conflict and intent to reassign to the conflict unit
454	of his or her office file a motion to withdraw and move the
455	court to appoint other counsel. If requested by the Justice
456	Administrative Commission, the public defender shall submit a
457	copy of the motion to the Justice Administrative Commission at
458	the time it is filed with the court. The Justice Administrative
459	Commission shall have standing to appear before the court to
460	contest any motion to withdraw due to a conflict of interest.
461	The Justice Administrative Commission may contract with other
462	public or private entities or individuals to appear before the
463	court for the purpose of contesting any motion to withdraw due
464	to a conflict of interest. The court may shall review the notice
465	and may inquire or conduct a hearing into the adequacy of the
466	public defender's representations regarding a conflict of
467	interest without requiring the disclosure of any confidential
468	communications. The court shall enter an order denying
469	reassignment by the public defender deny the motion to withdraw
470	if the court finds the grounds for withdrawal are insufficient
471	or the asserted conflict is not prejudicial to a the indigent
472	client of the public defender. Five days following the hearing
473	if a hearing is held, or, if no hearing is held, 5 days
474	following the filing of the notice, if no order of denial has
475	been entered by the court, the public defender shall reassign
476	one or more of the clients to the conflict unit of his or her
477	office. If the court grants the motion to withdraw, the court
478	shall appoint one or more attorneys to represent the accused.
479	(b)  Upon its own motion, the court shall notify the
480	appropriate public defender appoint such other counsel when the
481	facts developed upon the face of the record and court files in
482	the case disclose a conflict of interest. The court shall advise
483	the appropriate public defender and clerk of court, in writing,
484	specifically stating with a copy to the Justice Administrative
485	Commission, if so requested by the Justice Administrative
486	Commission, when making the motion and appointing one or more
487	attorneys to represent the accused. The court shall specify the
488	basis for the conflict. Upon receipt of such notice, the public
489	defender shall determine if a conflict of interest exists and,
490	if necessary, reassign one or more of the clients to the
491	conflict unit of his or her office.
492	(c)  In no case shall the court approve a withdrawal by the
493	public defender based solely upon inadequacy of funding or
494	excess workload of the public defender.
495	(c)(d)  In determining whether or not there is a conflict
496	of interest, the public defender shall apply the standards
497	contained in the Uniform Standards for Use in Conflict of
498	Interest Cases found in appendix C to the Final Report of the
499	Article V Indigent Services Advisory Board dated January 6,
500	2004.
501	(2)  The court shall appoint conflict counsel pursuant to
502	s. 27.40. The appointed attorney may not be affiliated with the
503	public defender or any assistant public defender in his or her
504	official capacity or any other private attorney appointed to
505	represent a codefendant. The public defender may not participate
506	in case-related decisions, performance evaluations, or expense
507	determinations in conflict cases.
508	(3)  Private court-appointed counsel shall be compensated
509	as provided in s. 27.5304.
510	(4)(a)  If a defendant is convicted and the death sentence
511	is imposed, the appointed attorney shall continue representation
512	through appeal to the Supreme Court. The attorney shall be
513	compensated as provided in s. 27.5304. If the attorney first
514	appointed is unable to handle the appeal, the court shall
515	appoint another attorney and that attorney shall be compensated
516	as provided in s. 27.5304.
517	(2)(b)  The public defender or an attorney appointed
518	pursuant to this section may be appointed by the court rendering
519	the judgment imposing the death penalty to represent an indigent
520	defendant who has applied for executive clemency as relief from
521	the execution of the judgment imposing the death penalty.
522	(c)  When the appointed attorney in a capital case has
523	completed the duties imposed by this section, the attorney shall
524	file a written report in the trial court stating the duties
525	performed by the attorney and apply for discharge.
526	Section 9.  Effective upon this act becoming a law,
527	subsection (11) is added to section 27.5304, Florida Statutes,
528	and, effective August 1, 2007, subsections (1) through (10) of
529	that section are amended, to read:
530	27.5304  Limits on appointed Private court-appointed
531	counsel; compensation.--
532	(1)  Private court-appointed counsel appointed by a public
533	defender under this part shall be compensated by the Justice
534	Administrative Commission from the budget allocated to the
535	public defender appointing the counsel in an amount not to
536	exceed the contract between the public defender and the attorney
537	or the fee limits established in this section, whichever is
538	lower. The attorney may also shall be reimbursed for reasonable
539	and necessary expenses in accordance with s. 29.007, subject to
540	limits in the contract between the public defender and the
541	attorney. In no event may payment be made to a private attorney
542	if such payment would exceed the public defender's approved
543	operating budget. If the attorney is representing a defendant
544	charged with more than one offense in the same case, the
545	attorney shall be compensated at the rate provided for the most
546	serious offense for which he or she represented the defendant.
547	This section does not allow stacking of the fee limits
548	established by this section. Private court-appointed counsel
549	providing representation under an alternative model shall enter
550	into a uniform contract with the Justice Administrative
551	Commission and shall use the Justice Administrative Commission's
552	uniform procedures and forms in support of billing for
553	attorney's fees, costs, and related expenses. Failure to comply
554	with the terms of the contract for services may result in
555	termination of the contract.
556	(2)  The public defender Justice Administrative Commission
557	shall review an intended billing by private court-appointed
558	counsel for attorney's fees or costs and shall not approve any
559	fee or cost not authorized by the contract or that is excessive.
560	If any appointed attorney has been found by a court to have
561	provided ineffective assistance of counsel in any appointed
562	case, and that judgment is final and not subject to further
563	appeal, the appointed attorney shall not be entitled to payment
564	of costs and fees for the case, shall repay all costs and fees
565	already paid for the representation, shall reimburse the public
566	defender for the cost of replacement counsel at all subsequent
567	hearings or trials, and may be subject to a malpractice action
568	by the client pursuant to law. based on a flat fee per case for
569	completeness and compliance with contractual, statutory, and
570	circuit Article V indigent services committee requirements. The
571	commission may approve the intended bill for a flat fee per case
572	for payment without approval by the court if the intended
573	billing is correct. For all other intended billings, prior to
574	filing a motion for an order approving payment of attorney's
575	fees, costs, or related expenses, the private court-appointed
576	counsel shall deliver a copy of the intended billing, together
577	with supporting affidavits and all other necessary
578	documentation, to the Justice Administrative Commission. The
579	Justice Administrative Commission shall review the billings,
580	affidavit, and documentation for completeness and compliance
581	with contractual and statutory requirements. If the Justice
582	Administrative Commission objects to any portion of the proposed
583	billing, the objection and reasons therefor shall be
584	communicated to the private court-appointed counsel. The private
585	court-appointed counsel may thereafter file his or her motion
586	for order approving payment of attorney's fees, costs, or
587	related expenses together with supporting affidavits and all
588	other necessary documentation. The motion must specify whether
589	the Justice Administrative Commission objects to any portion of
590	the billing or the sufficiency of documentation and shall attach
591	the Justice Administrative Commission's letter stating its
592	objection. The attorney shall have the burden to prove the
593	entitlement to attorney's fees, costs, or related expenses. A
594	copy of the motion and attachments shall be served on the
595	Justice Administrative Commission at least 5 business days prior
596	to the date of a hearing. The Justice Administrative Commission
597	shall have standing to appear before the court to contest any
598	motion for order approving payment of attorney's fees, costs, or
599	related expenses and may participate in a hearing on the motion
600	by use of telephonic or other communication equipment unless
601	ordered otherwise. The Justice Administrative Commission may
602	contract with other public or private entities or individuals to
603	appear before the court for the purpose of contesting any motion
604	for order approving payment of attorney's fees, costs, or
605	related expenses. The fact that the Justice Administrative
606	Commission has not objected to any portion of the billing or to
607	the sufficiency of the documentation is not binding on the
608	court. The court retains primary authority and responsibility
609	for determining the reasonableness of all billings for
610	attorney's fees, costs, and related expenses, subject to
611	statutory limitations. Private court-appointed counsel is
612	entitled to compensation upon final disposition of a case,
613	except as provided in subsections (7), (8), and (10). Before
614	final disposition of a case, a private court-appointed counsel
615	may file a motion for fees, costs, and related expenses for
616	services completed up to the date of the motion in any case or
617	matter in which legal services have been provided by the
618	attorney for more than 1 year. The amount approved by the court
619	may not exceed 80 percent of the fees earned, or costs and
620	related expenses incurred, to date, or an amount proportionate
621	to the maximum fees permitted under this section based on legal
622	services provided to date, whichever is less. The court may
623	grant the motion if counsel shows that failure to grant the
624	motion would work a particular hardship upon counsel.
625	(3)  The compensation for representation in a criminal
626	proceeding shall not exceed the following:
627	(a)1.  For misdemeanors and juveniles represented at the
628	trial level: $1,000.
629	2.  For noncapital, nonlife felonies represented at the
630	trial level: $2,500.
631	3.  For life felonies represented at the trial level:
632	$3,000.
633	4.  For capital cases represented at the trial level:
634	$3,500.
635	5.  For representation on appeal: $2,000.
636	(b)  If a death sentence is imposed and affirmed on appeal
637	to the Supreme Court, the appointed attorney shall be allowed
638	compensation, not to exceed $1,000, for attorney's fees and
639	costs incurred in representing the defendant as to an
640	application for executive clemency, with compensation to be paid
641	out of general revenue from funds budgeted to the Department of
642	Corrections.
643	(4)  By January 1 of each year, the Article V Indigent
644	Services Advisory Board shall recommend to the Legislature any
645	adjustments to the compensation provisions of this section.
646	(4)(5)(a)  If counsel is entitled to receive compensation
647	for representation pursuant to court appointment in a
648	termination of parental rights proceeding under chapter 39, such
649	compensation shall not exceed $1,000 at the trial level and
650	$2,500 at the appellate level.
651	(5)(b)  Counsel entitled to receive compensation for
652	representation pursuant to court appointment in a proceeding
653	under chapter 384 or chapter 392 shall receive reasonable
654	compensation as fixed by the public defender court making the
655	appointment.
656	(6)  A private attorney appointed in lieu of the public
657	defender to represent an indigent defendant may not reassign or
658	subcontract the case to another attorney or allow another
659	attorney to appear at a critical stage of a case except as
660	authorized by the public defender who is not on the registry
661	developed under s. 27.40.
662	(7)  The public defender may authorize Private court-
663	appointed counsel representing a parent in a dependency case
664	that is open may submit a request for payment in to the Justice
665	Administrative Commission at the following intervals in complex
666	or lengthy cases.:
667	(a)  Upon entry of an order of disposition as to the parent
668	being represented.
669	(b)  Upon conclusion of a 12-month permanency review.
670	(c)  Following a judicial review hearing.
671
672	In no case, however, may counsel submit requests under this
673	subsection more than once per quarter, unless the court finds
674	extraordinary circumstances justifying more frequent submission
675	of payment requests.
676	(8)  The General Appropriations Act may amend the general
677	limits per case provided for in this section. Private court-
678	appointed counsel representing an individual in an appeal to a
679	district court of appeal or the Supreme Court may submit a
680	request for payment to the Justice Administrative Commission at
681	the following intervals:
682	(a)  Upon the filing of an appellate brief, including, but
683	not limited to, a reply brief.
684	(b)  When the opinion of the appellate court is finalized.
685	(9)  A public defender may, in extraordinary circumstances,
686	approve a fee in excess of the general limits per case provided
687	for in this section. Extraordinary circumstances will not,
688	however, authorize the public defender to expend moneys in
689	excess of the total appropriation for indigent services provided
690	in the General Appropriations Act. The public defenders of the
691	state shall jointly establish criteria for determining what are
692	extraordinary circumstances under this subsection. No court
693	shall have jurisdiction to determine what are extraordinary
694	circumstances under this subsection, nor shall any court order
695	that a public defender find that such extraordinary
696	circumstances exist. The question of whether a case or cases
697	present extraordinary circumstances under this subsection is one
698	of discretion within the limited budgetary authority of a public
699	defender. Private court-appointed counsel may not bill for
700	preparation of invoices whether or not the case is paid on the
701	basis of an hourly rate or by flat fee.
702	(10)  A public defender who achieves cost savings in the
703	provision of appointed counsel services may request that up to
704	50 percent of the amount of savings that would otherwise revert
705	be used instead for priorities identified by the public
706	defender. Such requests are subject to review and approval of
707	the Legislative Budget Commission. The Justice Administrative
708	Commission shall develop a schedule to provide partial payment
709	of criminal attorney fees for cases that are not resolved within
710	6 months. The schedule must provide that the aggregate payments
711	shall not exceed limits established by law. Any partial payment
712	made pursuant to this subsection shall not exceed the actual
713	value of services provided to date. Any partial payment shall be
714	proportionate to the value of services provided based on payment
715	rates included in the contract, not to exceed any limit provided
716	by law.
717	(11)  No indigent services committee shall authorize the
718	payment of any compensation to a court-appointed counsel that is
719	in excess of the fee schedules in subsections (3)-(5) or in
720	excess of the local fee schedule adopted by such committee,
721	whichever is lower. The Justice Administrative Commission shall
722	not pay any invoice for compensation to a court-appointed
723	counsel that is in excess of the fee schedules in subsections
724	(3)-(5) or in excess of the local fee schedule adopted by the
725	indigent services committee, whichever is lower. If any court
726	orders payment of compensation to a private court-appointed
727	counsel that is in excess of the fee schedules in subsections
728	(3)-(5) or in excess of the local fee schedule adopted by the
729	indigent services committee, whichever is lower, the amount of
730	the compensation that is in excess of the lower fee cap shall be
731	paid from funds appropriated to the state courts system.
732	Section 10.  Section 27.561, Florida Statutes, is amended
733	to read:
734	27.561  Effect of nonpayment.--
735	(1)  Whenever a recipient defendant-recipient or parent of
736	a recipient is ordered to pay attorney's fees or costs, default
737	in the payment thereof shall be cause for finding the recipient
738	defendant-recipient or parent of a recipient in contempt of
739	court, and the court may issue a show cause citation or a
740	warrant of arrest for the defendant-recipient's or parent's
741	appearance.
742	(2)  Unless the recipient defendant-recipient or parent of
743	a recipient shows that default was not attributable to an
744	intentional refusal to obey the order of the court or to a
745	failure on his or her part to make a good faith effort to make
746	the payment, the court may find that the default constitutes
747	contempt and order him or her committed until the attorney's
748	fees or costs, or a specified part thereof, are paid or may take
749	any other action appropriate under the circumstances, including
750	revocation of probation.
751	(3)  If it appears to the satisfaction of the court that
752	the default in the payment of the attorney's fees or costs is
753	not contempt, the court may enter an order allowing the
754	recipient defendant-recipient or parent of a recipient
755	additional time for, or reducing the amount of, payment or
756	revoking the assessed attorney's fees or costs, or the unpaid
757	portion thereof, in whole or in part.
758	Section 11.  Section 27.562, Florida Statutes, is amended
759	to read:
760	27.562  Disposition of funds.--The first $40 of all funds
761	collected pursuant to s. 938.29 shall be deposited into the
762	Indigent Services Criminal Defense Trust Fund pursuant to s.
763	27.525. The remaining funds collected pursuant to s. 938.29
764	shall be distributed as follows:
765	(1)  Twenty-five percent shall be remitted to the
766	Department of Revenue for deposit into the Justice
767	Administrative Commission's Indigent Services Criminal Defense
768	Trust Fund.
769	(2)  Seventy-five percent shall be remitted to the
770	Department of Revenue for deposit into the General Revenue Fund.
771
772	The Justice Administrative Commission shall account for funds
773	deposited into the Indigent Services Criminal Defense Trust Fund
774	by circuit. Appropriations from the fund shall be proportional
775	to each circuit's collections. All judgments entered pursuant to
776	this part shall be in the name of the state.
777	Section 12.  Section 27.58, Florida Statutes, is amended to
778	read:
779	27.58  Administration of public defender services.--The
780	public defender of each judicial circuit of the state shall be
781	the chief administrator of all public defender services
782	authorized under s. 27.51 within the circuit. The public
783	defender of each judicial circuit shall also be the chief
784	administrator of all indigent representation services within the
785	circuit.
786	Section 13.  Section 27.59, Florida Statutes, is amended to
787	read:
788	27.59  Access to prisoners.--The public defender, defenders
789	and assistant public defenders, and attorneys appointed to
790	provide indigent services by a public defender pursuant to this
791	part shall be empowered to inquire of all persons who are
792	incarcerated in lieu of bond or detained and to tender them
793	advice and counsel at any time., but The provisions of this
794	section shall not apply with respect to persons who have engaged
795	private counsel.
796	Section 14.  Section 27.7001, Florida Statutes, is amended
797	to read:
798	27.7001  Legislative intent and findings.--
799	(1)(a)  It is the intent of the Legislature to create part
800	IV of this chapter, consisting of ss. 27.7001-27.711, inclusive,
801	to provide for the collateral representation of any person
802	convicted and sentenced to death in this state, so that
803	collateral legal proceedings to challenge any Florida capital
804	conviction and sentence may be commenced in a timely manner and
805	so as to assure the people of this state that the judgments of
806	its courts may be regarded with the finality to which they are
807	entitled in the interests of justice.
808	(b)  It is the further intent of the Legislature that
809	collateral representation shall not include representation
810	during retrials, resentencings, proceedings commenced under
811	chapter 940, or civil litigation.
812	(2)  The Legislature finds that:
813	(a)  Under Florida and federal law, a defendant has no
814	constitutional right to counsel in postconviction proceedings.
815	Notwithstanding this lack of a constitutional right, the
816	Legislature has created by statute a qualified right for capital
817	defendants to postconviction counsel at specified rates for
818	certain services.
819	(b)  Attorneys who participate in the attorney registry to
820	offer their services are not required to accept an appointment
821	and are free to decline an appointment if they find the
822	statutory fee schedule insufficient.
823	(c)  The Florida Supreme Court in Olive v. Maas, 811 So.2d
824	644 (Fla. 2002) has allowed registry attorneys to seek, and
825	authorized trial courts to grant, compensation in excess of the
826	statutory fee schedule notwithstanding the terms of each
827	attorney's contract, notwithstanding statutory requirements, and
828	notwithstanding that the Legislature contemplated the nature of
829	postconviction representation in all capital cases in the
830	development of the statutory fee schedule.
831	Section 15.  Subsections (5), (6), and (7) of section
832	27.7002, Florida Statutes, are amended to read:
833	27.7002  Limitation on collateral representation; lawyer
834	disqualification; use of state funds for excess fees not
835	authorized.--
836	(5)  The use of state funds for compensation of counsel
837	appointed pursuant to s. 27.710 above the amounts set forth in
838	s. 27.711 is not authorized unless ordered by the court pursuant
839	to s. 27.7003.
840	(6)  The executive director of the Commission on Capital
841	Cases is authorized to permanently remove from the registry of
842	attorneys provided in ss. 27.710 and 27.711 any attorney who
843	seeks compensation for services above the amounts provided in s.
844	27.711.
845	(6)(7)  Any attorney who notifies any court, judge, state
846	attorney, the Attorney General, or the executive director of the
847	Commission on Capital Cases, prior to signing the contract
848	required under s. 27.710, determines that he or she cannot
849	provide adequate or proper representation under the terms and
850	conditions set forth in s. 27.711 must immediately notify the
851	appropriate trial court and decline the appointment for which
852	the contract was offered shall be permanently disqualified from
853	any attorney registry created under this chapter unless good
854	cause arises after a change in circumstances.
855	Section 16.  Section 27.7003, Florida Statutes, is created
856	to read:
857	27.7003  Authorization for fees and costs for attorneys
858	exceeding those provided in s. 27.711.--
859	(1)  This section governs the determination of whether the
860	use of state funds for compensation of counsel requesting fees
861	or reimbursement of expenses in excess of the amounts set forth
862	in s. 27.711 is authorized.
863	(2)  The use of state funds for compensation of counsel in
864	amounts greater than the amounts provided in s. 27.711(4)(b)-
865	(h), (5), and (6) is authorized as provided in subsection (4)
866	only when the attorney requesting additional compensation proves
867	in an evidentiary hearing by clear and convincing evidence that
868	the services for which additional compensation is sought were
869	due to additional work that was unforeseeable by a reasonable
870	attorney exercising due diligence at the time the contract was
871	signed. Additional work is unforeseeable only when all of the
872	following conditions are met:
873	(a)  The additional work was necessary due to an
874	unanticipated change in circumstances that occurred after the
875	signing of the contract.
876	(b)  The change in circumstances was extraordinary and
877	unusual when compared to other capital cases in the
878	postconviction stage of proceedings.
879	(c)  The additional work was for the purpose of raising a
880	meritorious claim in a timely manner that could not have been
881	raised but for the unanticipated change in circumstances
882	described in paragraph (a) and not for the purpose of raising
883	any claim that was procedurally barred, that was not supported
884	by the law or facts of the case, or that was otherwise frivolous
885	or successive.
886	(d)  The additional work claimed is not due to counsel's
887	failure to adequately review the case record in advance of
888	signing the contract or due to counsel's failure to remain
889	apprised of current developments in the law.
890	(3)(a)  Any motion for additional compensation that fails
891	to state specific facts describing how the additional work was
892	necessary due to an unanticipated change in circumstances
893	occurring after the signing of the contract shall be summarily
894	dismissed without prejudice.
895	(b)  In determining whether the required showing in
896	subsection (2) has been made, the court may, to the extent
897	possible, compare the case in which the registry counsel seeks
898	additional compensation to other similar capital cases in the
899	postconviction stage of proceedings. If the court grants the
900	motion for additional compensation, it shall issue a written
901	order setting forth its findings and reasons along with an
902	explanation of how the amount of additional compensation was
903	calculated. An order granting additional compensation may be
904	appealed by the state.
905	(4)  The use of state funds for compensation above the
906	amounts provided in s. 27.711(4)(b)-(h), (5), and (6) is
907	authorized upon the filing of the court order granting
908	additional compensation with the clerk of the court. The amount
909	of additional compensation authorized in this section shall be
910	calculated using the statutory maximum amounts as the starting
911	point with additional compensation determined using the rate per
912	hour provided in s. 27.711 for the applicable service. The
913	amount of additional compensation ordered shall be no more than
914	the court determines is necessary to avoid confiscation of the
915	registry counsel's time, energy and talent for his or her
916	unforeseeable additional work but in no event shall the amount
917	of additional compensation exceed 30 percent of the statutory
918	maximum amount authorized under s. 27.711 for the specific
919	service for which additional compensation was granted. In the
920	same way as the statutory maximum amounts provided in s. 27.711
921	restrict the number of hours for which compensation is
922	authorized for each service at the specified rate, it is not
923	necessary that additional compensation be ordered for every hour
924	of unforeseeable additional work claimed. In determining an
925	amount of additional compensation needed to avoid confiscation
926	of a registry counsel's time, energy ,and talent, the court may
927	consider whether the additional work resulted in registry
928	counsel pursuing a meritorious claim that could not have
929	otherwise been raised and how the quantity and quality of the
930	additional work proportionally compares with the quantity and
931	quality of work that is within the scope of expected performance
932	under the registry contract and the terms of s. 27.711.
933	(5)  The Chief Financial Officer shall represent the state
934	in proceedings for additional compensation provided in this
935	section.
936	(6)  This section shall not be construed to authorize
937	compensation for services or expenses not specified in s.
938	27.711(4), (5), or (6).
939	Section 17.  Subsections (2), (3), (4), and (12) of section
940	27.711, Florida Statutes, are amended to read:
941	27.711  Terms and conditions of appointment of attorneys as
942	counsel in postconviction capital collateral proceedings.--
943	(2)  After appointment by the trial court under s. 27.710,
944	the attorney must, within 30 days, sign the contract required
945	under s. 27.710 and immediately file a notice of appearance with
946	the trial court indicating acceptance of the appointment to
947	represent the capital defendant throughout all postconviction
948	capital collateral proceedings, including federal habeas corpus
949	proceedings, in accordance with this section or until released
950	by order of the trial court.
951	(3)  An attorney appointed to represent a capital defendant
952	is entitled to payment of the fees set forth in this section or
953	s. 27.7003 only upon full performance by the attorney of the
954	duties specified in this section and approval of payment by the
955	trial court, and the submission of a payment request by the
956	attorney, subject to the availability of sufficient funding
957	specifically appropriated for this purpose. An attorney may not
958	be compensated under this section for work performed by the
959	attorney before July 1, 2003, while employed by the northern
960	regional office of the capital collateral counsel. The Chief
961	Financial Officer shall notify the executive director and the
962	court if it appears that sufficient funding has not been
963	specifically appropriated for this purpose to pay any fees which
964	may be incurred. The attorney shall maintain appropriate
965	documentation, including a current and detailed hourly
966	accounting of time spent representing the capital defendant. The
967	fee and payment schedule in this section is the exclusive means
968	of compensating a court-appointed attorney who represents a
969	capital defendant. An attorney seeking additional compensation
970	for fees or reimbursement for expenses in excess of the amounts
971	provided in paragraphs (4)(b)-(h), subsection (5), or subsection
972	(6) must satisfy the requirements of s. 27.7003. When
973	appropriate, a court-appointed attorney must seek further
974	compensation from the Federal Government, as provided in 18
975	U.S.C. s. 3006A or other federal law, in habeas corpus
976	litigation in the federal courts.
977	(4)  Upon approval by the trial court, an attorney
978	appointed to represent a capital defendant under s. 27.710 is
979	entitled to payment of the following fees by the Chief Financial
980	Officer:
981	(a)  Regardless of the stage of postconviction capital
982	collateral proceedings, the attorney is entitled to $100 per
983	hour, up to a maximum of $2,500, after signing the contract
984	required under s. 27.710, accepting the appointment, and filing
985	a notice of appearance.
986	(b)  The attorney is entitled to $100 per hour, up to a
987	maximum of $20,000, after timely filing in the trial court the
988	capital defendant's complete original motion for postconviction
989	relief under the Florida Rules of Criminal Procedure. The motion
990	must raise all issues to be addressed by the trial court.
991	However, an attorney is entitled to fees under this paragraph if
992	the court schedules a hearing on a matter that makes the filing
993	of the original motion for postconviction relief unnecessary or
994	if the court otherwise disposes of the case.
995	(c)  The attorney is entitled to $100 per hour, up to a
996	maximum of $20,000, after the trial court issues a final order
997	granting or denying the capital defendant's motion for
998	postconviction relief.
999	(d)  The attorney is entitled to $100 per hour, up to a
1000	maximum of $20,000, after timely filing in the Supreme Court the
1001	capital defendant's brief or briefs that address the trial
1002	court's final order granting or denying the capital defendant's
1003	motion for postconviction relief and the state petition for writ
1004	of habeas corpus.
1005	(e)  The attorney is entitled to $100 per hour, up to a
1006	maximum of $10,000, after the trial court issues an order,
1007	pursuant to a remand from the Supreme Court, which directs the
1008	trial court to hold further proceedings on the capital
1009	defendant's motion for postconviction relief.
1010	(f)  The attorney is entitled to $100 per hour, up to a
1011	maximum of $4,000, after the appeal of the trial court's denial
1012	of the capital defendant's motion for postconviction relief and
1013	the capital defendant's state petition for writ of habeas corpus
1014	become final in the Supreme Court.
1015	(g)  At the conclusion of the capital defendant's
1016	postconviction capital collateral proceedings in state court,
1017	the attorney is entitled to $100 per hour, up to a maximum of
1018	$2,500, after filing a petition for writ of certiorari in the
1019	Supreme Court of the United States.
1020	(h)  If, at any time, a death warrant is issued, the
1021	attorney is entitled to $100 per hour, up to a maximum of
1022	$5,000. This payment shall be full compensation for attorney's
1023	fees and costs for representing the capital defendant throughout
1024	the proceedings before the state courts of Florida.
1025
1026	The hours billed by a contracting attorney under this subsection
1027	may include time devoted to representation of the defendant by
1028	another attorney who is qualified under s. 27.710 and who has
1029	been designated by the contracting attorney to assist him or
1030	her.
1031	(12)  The court shall monitor the performance of assigned
1032	counsel to ensure that the capital defendant is receiving
1033	quality representation. The court shall also receive and
1034	evaluate allegations that are made regarding the performance of
1035	assigned counsel. The Chief Financial Officer, the Department of
1036	Legal Affairs, the executive director, or any interested person
1037	may advise the court of any circumstance that could affect the
1038	quality of representation, including, but not limited to, false
1039	or fraudulent billing, misconduct, failure to meet continuing
1040	legal education requirements, solicitation to receive
1041	compensation from the capital defendant, or failure to file
1042	appropriate motions in a timely manner, or assertion of claims
1043	that are not supported by the law or the facts of the case.
1044	Section 18.  Section 29.007, Florida Statutes, is amended
1045	to read:
1046	29.007  Court-appointed counsel.--For purposes of
1047	implementing s. 14, Art. V of the State Constitution, the
1048	elements of court-appointed counsel to be provided from state
1049	revenues appropriated by general law are as follows:
1050	(1)  Private attorneys appointed by the public defender
1051	court to handle cases where the defendant is indigent and cannot
1052	be represented by the public defender under s. ss. 27.42 and
1053	27.53.
1054	(2)  Private attorneys appointed by the public defender
1055	court to represent indigents or other classes of litigants in
1056	civil proceedings requiring appointed court-appointed counsel in
1057	accordance with state and federal constitutional guarantees and
1058	federal and state statutes.
1059	(3)  Reasonable court reporting and transcription services
1060	necessary to meet constitutional or statutory requirements,
1061	including the cost of transcribing and copying depositions of
1062	witnesses and the cost of foreign language and sign-language
1063	interpreters and translators.
1064	(4)  Witnesses, including expert witnesses, summoned to
1065	appear for an investigation, preliminary hearing, or trial in a
1066	case when the witnesses are summoned on behalf of an indigent,
1067	and any other expert witnesses approved by the court.
1068	(5)  Mental health professionals appointed pursuant to s.
1069	394.473 and required in a court hearing involving an indigent,
1070	mental health professionals appointed pursuant to s. 916.115(2)
1071	and required in a court hearing involving an indigent, and any
1072	other mental health professionals required by law for the full
1073	adjudication of any civil case involving an indigent person.
1074	(6)  Reasonable pretrial consultation fees and costs.
1075	(7)  Travel expenses reimbursable under s. 112.061
1076	reasonably necessary in the performance of constitutional and
1077	statutory responsibilities.
1078
1079	Subsections (3), (4), (5), (6), and (7) apply when court-
1080	appointed counsel is appointed; when the court determines that
1081	the litigant is indigent for costs; or when the litigant is
1082	acting pro se and the court determines that the litigant is
1083	indigent for costs at the trial or appellate level. This section
1084	applies in any situation in which the court appoints counsel to
1085	protect a litigant's due process rights. The Justice
1086	Administrative Commission shall approve uniform contract forms
1087	for use in processing payments for due process services under
1088	this section. In each case in which a private attorney
1089	represents a person determined by the court to be indigent for
1090	costs, the attorney shall execute the commission's contract for
1091	private attorneys representing persons determined to be indigent
1092	for costs.
1093	Section 19.  Section 29.015, Florida Statutes, is amended
1094	to read:
1095	29.015  Contingency fund; limitation of authority to
1096	transfer funds in contracted due process services appropriation
1097	categories.--
1098	(1)(a)  An appropriation may be provided in the General
1099	Appropriations Act in the state courts system Justice
1100	Administrative Commission to be used solely serve as a
1101	contingency fund for the purpose of alleviating deficits in
1102	contracted due process services appropriation categories,
1103	including private appointed court-appointed counsel
1104	appropriation categories, when the trial court determines, that
1105	may occur from time to time due to extraordinary events or
1106	circumstances of a case have led that lead to unexpected
1107	expenditures and that the public defender does not have the
1108	ability to accommodate the unexpected expenditure from within
1109	his or her operating budget.
1110	(b)  A peer review committee of at least three judges or
1111	their designees, each from a different circuit, appointed by the
1112	chief judge of the circuit in which the case was tried, must
1113	review and approve each expenditure from the contingency fund
1114	established under paragraph (a). The judge who presided over the
1115	trial and the chief judge of the affected circuit may not be on
1116	the peer review committee. The public defender of the circuit in
1117	which the case was tried must provide to the peer review
1118	committee all documentation provided to the trial court that
1119	made the determination pursuant to paragraph (a) and any other
1120	information requested by the peer review committee.
1121	(2)  In the event that a state attorney or public defender
1122	incurs a deficit in a contracted due process services
1123	appropriation category, the following steps shall be taken in
1124	order:
1125	(a)  The state attorney or public defender shall first
1126	attempt to identify surplus funds from other appropriation
1127	categories within his or her office and submit a budget
1128	amendment pursuant to chapter 216 to transfer funds from within
1129	the office.
1130	(b)  In the event that the state attorney or public
1131	defender is unable to identify surplus funds from within his or
1132	her office, he or she shall certify this to the Justice
1133	Administrative Commission along with a complete explanation of
1134	the circumstances which led to the deficit and steps the office
1135	has taken to reduce or alleviate the deficit. The Justice
1136	Administrative Commission shall inquire as to whether any other
1137	office has surplus funds in its contracted due process services
1138	appropriation categories which can be transferred to the office
1139	that is experiencing the deficit. If other offices indicate that
1140	surplus funds are available within the same appropriation
1141	category, the Justice Administrative Commission shall transfer
1142	the amount needed to fund the deficit and notify the Governor
1143	and the chair and vice chair of the Legislative Budget
1144	Commission 14 days prior to a transfer pursuant to the notice,
1145	review, and objection provisions of s. 216.177. If funds
1146	appropriated for this purpose are available in a different
1147	budget entity, the Justice Administrative Commission shall
1148	request a budget amendment pursuant to chapter 216.
1149	(c)  If no office indicates that surplus funds are
1150	available to alleviate the deficit, the Justice Administrative
1151	Commission may request a budget amendment to transfer funds from
1152	the contingency fund. Such transfers shall be in accordance with
1153	all applicable provisions of chapter 216 and shall be subject to
1154	review and approval by the Legislative Budget Commission. The
1155	Justice Administrative Commission shall submit the documentation
1156	provided by the office explaining the circumstances that led to
1157	the deficit and the steps taken by the office and the Justice
1158	Administrative Commission to identify surplus funds to the
1159	Legislative Budget Commission.
1160	(3)  In the event that there is a deficit in a statewide
1161	contracted due process services appropriation category provided
1162	for private court-appointed counsel necessary due to withdrawal
1163	of the public defender due to an ethical conflict, the following
1164	steps shall be taken in order:
1165	(a)  The Justice Administrative Commission shall first
1166	attempt to identify surplus funds from other contracted due
1167	process services appropriation categories within the Justice
1168	Administrative Commission and submit a budget amendment pursuant
1169	to chapter 216 to transfer funds from within the commission.
1170	(b)  In the event that the Justice Administrative
1171	Commission is unable to identify surplus funds from within the
1172	commission, the commission shall inquire of each of the public
1173	defenders as to whether any office has surplus funds in its
1174	contracted due process services appropriations categories which
1175	can be transferred. If any public defender office or offices
1176	indicate that surplus funds are available, the Justice
1177	Administrative Commission shall request a budget amendment to
1178	transfer funds from the office or offices to alleviate the
1179	deficit upon agreement of the contributing office or offices.
1180	(c)  If no public defender office has surplus funds
1181	available to alleviate the deficit, the Justice Administrative
1182	Commission may request a budget amendment to transfer funds from
1183	the contingency fund. Such transfers shall be in accordance with
1184	all applicable provisions of chapter 216 and shall be subject to
1185	review and approval by the Legislative Budget Commission. The
1186	Justice Administrative Commission shall submit the documentation
1187	provided by the office explaining the circumstances that led to
1188	the deficit and the steps taken by the Justice Administrative
1189	Commission to identify surplus funds to the Legislative Budget
1190	Commission.
1191	(4)  In the event that there is a deficit in a statewide
1192	appropriation category provided for private court-appointed
1193	counsel other than for conflict counsel as described in
1194	subsection (3), the following steps shall be taken in order:
1195	(a)  The Justice Administrative Commission shall first
1196	attempt to identify surplus funds from other contracted due
1197	process services appropriation categories within the Justice
1198	Administrative Commission and submit a budget amendment pursuant
1199	to chapter 216 to transfer funds from within the commission.
1200	(b)  In the event that the Justice Administrative
1201	Commission is unable to identify surplus funds from within the
1202	commission, the commission may submit a budget amendment to
1203	transfer funds from the contingency fund. Such transfers shall
1204	be in accordance with all applicable provisions of chapter 216
1205	and shall be subject to review and approval by the Legislative
1206	Budget Commission. The Justice Administrative Commission shall
1207	submit documentation explaining the circumstances that led to
1208	the deficit and the steps taken to identify surplus funds to the
1209	Legislative Budget Commission.
1210	(3)(5)  Notwithstanding any provisions in chapter 216 to
1211	the contrary, no office shall transfer funds from a contracted
1212	due process services appropriation category or from a
1213	contingency fund category authorized in this section except as
1214	specifically authorized in this section. In addition, funds
1215	shall not be transferred from a state attorney office to
1216	alleviate a deficit in a public defender office and funds shall
1217	not be transferred from a public defender office to alleviate a
1218	deficit in a state attorney office.
1219	Section 20.  Section 29.018, Florida Statutes, is amended
1220	to read:
1221	29.018  Cost sharing of due-process services; legislative
1222	intent.--It is the intent of the Legislature to provide state-
1223	state-funded due-process services to the state courts system,
1224	state attorneys, public defenders, and appointed court-appointed
1225	counsel in the most cost-effective and efficient manner. The
1226	state courts system, state attorneys, and public defenders, and
1227	the Justice Administrative Commission on behalf of court-
1228	appointed counsel may enter into contractual agreements to
1229	share, on a pro rata basis, the costs associated with court
1230	reporting services, court interpreter and translation services,
1231	court experts, and all other due-process services funded by the
1232	state pursuant to this chapter. These costs shall be budgeted
1233	within the funds appropriated to each of the affected users of
1234	services.
1235	Section 21.  Section 29.0185, Florida Statutes, is amended
1236	to read:
1237	29.0185  Provision of state-funded due process services to
1238	individuals; limitations on certain payments.--Due process
1239	services may not be provided with state revenues to an
1240	individual unless the individual on whose behalf the due process
1241	services are being provided is eligible for appointed court-
1242	appointed counsel under s. 27.40, based upon a determination of
1243	indigency under s. 27.52. The Justice Administrative Commission
1244	shall only make payment for appointed counsel and other due
1245	process services authorized by a state attorney or public
1246	defender. The state courts system shall be responsible for the
1247	portion of any payment ordered that is not authorized by a
1248	public defender or state attorney, is in excess of payment rates
1249	established by the contract, is in excess of limits provided for
1250	by law, or is not specifically authorized by law, regardless of
1251	whether such counsel is appointed or the individual on whose
1252	behalf the due process services are being provided is eligible
1253	for court-appointed counsel under s. 27.40 and has been
1254	determined indigent for costs pursuant to s. 27.52.
1255	Section 22.  Subsection (1) of section 39.815, Florida
1256	Statutes, is amended to read:
1257	39.815  Appeal.--
1258	(1)  Any child, any parent or guardian ad litem of any
1259	child, any other party to the proceeding who is affected by an
1260	order of the court, or the department may appeal to the
1261	appropriate district court of appeal within the time and in the
1262	manner prescribed by the Florida Rules of Appellate Procedure.
1263	The district court of appeal shall give an appeal from an order
1264	terminating parental rights priority in docketing and shall
1265	render a decision on the appeal as expeditiously as possible.
1266	Appointed counsel shall be compensated as provided in s.
1267	27.5304(4)(5).
1268	Section 23.  Subsection (2) of section 125.69, Florida
1269	Statutes, is amended to read:
1270	125.69  Penalties; enforcement by code inspectors.--
1271	(2)  Each county is authorized and required to pay any
1272	attorney appointed by the court to represent a defendant charged
1273	with a criminal violation of a special law or county ordinance
1274	not ancillary to a state charge if the defendant is indigent and
1275	otherwise entitled to court-appointed counsel under the
1276	Constitution of the United States or the Constitution of the
1277	State of Florida. In these cases, the public defender court
1278	shall appoint counsel to represent the defendant in accordance
1279	with s. 27.40, and shall order the county shall to pay the
1280	reasonable attorney's fees, costs, and related expenses of the
1281	defense. The county may contract with the public defender of the
1282	judicial circuit in which the county is located to serve as
1283	appointed court-appointed counsel pursuant to s. 27.54.
1284	Section 24.  Paragraph (w) of subsection (4) of section
1285	215.20, Florida Statutes, is amended to read:
1286	215.20  Certain income and certain trust funds to
1287	contribute to the General Revenue Fund.--
1288	(4)  The income of a revenue nature deposited in the
1289	following described trust funds, by whatever name designated, is
1290	that from which the appropriations authorized by subsection (3)
1291	shall be made:
1292	(w)  Within the Justice Administrative Commission, the
1293	Indigent Services Criminal Defense Trust Fund.
1294
1295	The enumeration of the foregoing moneys or trust funds shall not
1296	prohibit the applicability thereto of s. 215.24 should the
1297	Governor determine that for the reasons mentioned in s. 215.24
1298	the money or trust funds should be exempt herefrom, as it is the
1299	purpose of this law to exempt income from its force and effect
1300	when, by the operation of this law, federal matching funds or
1301	contributions or private grants to any trust fund would be lost
1302	to the state.
1303	Section 25.  Subsection (2) of section 744.331, Florida
1304	Statutes, is amended to read:
1305	744.331  Procedures to determine incapacity.--
1306	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
1307	(a)  When a court appoints an attorney for an alleged
1308	incapacitated person, the court must appoint an attorney who is
1309	included in the attorney registry compiled pursuant to ss. 27.40
1310	and 27.42 by the circuit's Article V indigent services
1311	committee. Appointments must be made on a rotating basis, taking
1312	into consideration conflicts arising under this chapter.
1313	(a)(b)  The court shall appoint an attorney for each person
1314	alleged to be incapacitated in all cases involving a petition
1315	for adjudication of incapacity. The alleged incapacitated person
1316	may substitute her or his own attorney for the attorney
1317	appointed by the court. Only if the alleged incapacitated person
1318	is found to be indigent pursuant to s. 27.52 may the public
1319	defender be appointed to represent the person or arrange for
1320	representation of the person; otherwise, any attorney appointed
1321	on behalf of the person must be paid from the assets of the
1322	alleged incapacitated person.
1323	(b)(c)  Any attorney representing an alleged incapacitated
1324	person may not serve as guardian of the alleged incapacitated
1325	person or as counsel for the guardian of the alleged
1326	incapacitated person or the petitioner.
1327	(c)(d)  Effective January 1, 2007, An attorney seeking to
1328	be appointed by a court for incapacity and guardianship
1329	proceedings must have completed a minimum of 8 hours of
1330	education in guardianship. A court may waive the initial
1331	training requirement for an attorney who has served as a court-
1332	appointed attorney in incapacity proceedings or as an attorney
1333	of record for guardians for not less than 3 years.
1334	Section 26.  Section 914.11, Florida Statutes, is repealed.
1335	Section 27.  Subsections (1) and (2) of section 938.29,
1336	Florida Statutes, are amended to read:
1337	938.29  Legal assistance; lien for payment of attorney's
1338	fees or costs.--
1339	(1)(a)  A defendant determined to be guilty of a criminal
1340	act by a court or jury or through a plea of guilty or nolo
1341	contendere and who has received the assistance of the public
1342	defender's office, whether such assistance was provided by an
1343	attorney of the public defender or through a private attorney
1344	appointed by the public defender, a special assistant public
1345	defender, or a conflict attorney shall be liable for payment of
1346	attorney's fees and costs. The court shall determine the amount
1347	of the obligation. Such costs shall include, but not be limited
1348	to, the cost of depositions; cost of transcripts of depositions,
1349	including the cost of defendant's copy, which transcripts are
1350	certified by the defendant's attorney as having served a useful
1351	purpose in the disposition of the case; investigative costs;
1352	witness fees; the cost of psychiatric examinations; or other
1353	reasonable costs specially incurred by the state and the clerk
1354	of court for the defense of the defendant in criminal
1355	prosecutions. Costs shall not include expenses inherent in
1356	providing a constitutionally guaranteed jury trial or
1357	expenditures in connection with the maintenance and operation of
1358	government agencies that must be made by the public irrespective
1359	of specific violations of law. Any costs assessed pursuant to
1360	this paragraph shall be reduced by any amount assessed against a
1361	defendant pursuant to s. 938.05.
1362	(b)  Upon entering a judgment of conviction, the defendant
1363	shall be liable to pay the costs in full after the judgment of
1364	conviction becomes final.
1365	(c)  The defendant shall pay the application fee under s.
1366	27.52(1)(b) and attorney's fees and costs in full or in
1367	installments, at the time or times specified. The court may
1368	order payment of the assessed application fee and attorney's
1369	fees and costs as a condition of probation, of suspension of
1370	sentence, or of withholding the imposition of sentence. The
1371	first $40 from attorney's fees and costs collected under this
1372	section shall be transferred monthly by the clerk to the
1373	Department of Revenue for deposit into the Indigent Services
1374	Trust Fund. All remaining attorney's fees and costs collected
1375	under this section shall be deposited into the General Revenue
1376	Fund.
1377	(2)(a)  There is created in the name of the state a lien,
1378	enforceable as hereinafter provided, upon all the property, both
1379	real and personal, of any person who:
1380	1.  Has received any assistance from any public defender of
1381	the state, from any special assistant public defender, or from
1382	any appointed conflict attorney; or
1383	2.  Is a parent of an accused minor or an accused adult
1384	tax-dependent person who is being, or has been, represented by
1385	any public defender of the state, by any special assistant
1386	public defender, or by an appointed a conflict attorney.
1387
1388	Such lien constitutes a claim against the defendant-recipient or
1389	parent and his or her estate, enforceable according to law.
1390	(b)  A judgment showing the name and residence of the
1391	defendant-recipient or parent shall be recorded in the public
1392	record, without cost, by the clerk of the circuit court in the
1393	county where the defendant-recipient or parent resides and in
1394	each county in which such defendant-recipient or parent then
1395	owns or later acquires any property. Such judgments shall be
1396	enforced on behalf of the state by the clerk of the circuit
1397	court of the county in which assistance was rendered.
1398	Section 28.  (1)  As to any contract for legal services
1399	pursuant to the provisions of part III of chapter 27, Florida
1400	Statutes, which contract was in existence on or before August 1,
1401	2007, the following shall apply:
1402	(a)  Attorneys appointed under such contracts shall
1403	complete the representation of clients assigned to them as of
1404	August 1, 2007, through completion of the case; however, no such
1405	appointment shall extend beyond June 30, 2008. As of July 1,
1406	2008, representation of any person pursuant to part III of
1407	chapter 27, Florida Statutes, shall only be through a contract
1408	with the appropriate public defender.
1409	(b)  The Justice Administrative Commission shall pay fees
1410	earned by attorneys under contracts for appointments that
1411	commenced prior to August 1, 2007, subject to a specific
1412	appropriation in the fiscal year 2007-2008 General
1413	Appropriations Act for payment of such representation.
1414	(c)  All provisions of part III of chapter 27, Florida
1415	Statutes, as they exist prior to August 1, 2007, shall control
1416	such contracts, notwithstanding the amendment or repeal of any
1417	applicable provision by this act.
1418	(d)  The public defender shall not be liable for fees and
1419	costs for any attorney appointed prior to August 1, 2007, except
1420	as provided in subsection (2).
1421	(2)  If funds appropriated to the Justice Administrative
1422	Commission for payment of cases pursuant to subsection (1) are
1423	exhausted, any remaining required payments shall be made from
1424	funds appropriated to the public defender of the circuit in
1425	which the case was appointed, except that the portion of any
1426	payment in excess of payment rates established by the contract
1427	or in excess of limits provided for by law or for goods or
1428	services not specifically authorized by law shall be paid from
1429	funds appropriated to the state courts system. The state courts
1430	system and the public defender may reduce nonessential travel,
1431	other nonessential expenses, and nonessential personnel costs in
1432	order to eliminate a deficit that would otherwise result from
1433	payments required by this subsection.
1434	(3)  This section shall take effect upon this act becoming
1435	a law.
1436	Section 29.  On or before June 1, 2007, each public
1437	defender shall prepare a plan for his or her circuit for
1438	delivering the expanded indigent legal representation services
1439	required by this act for review and approval by the Legislative
1440	Budget Commission. The plan shall describe how services will be
1441	delivered; proposed contract terms and rates; the number of
1442	proposed state full-time equivalent positions by class,
1443	including the proposed salary for each position; and the
1444	proposed phase-in schedule. The plan shall also include a
1445	request to establish any proposed state full-time equivalent
1446	positions that may be established upon approval of the
1447	Legislative Budget Commission pursuant to the provisions of s.
1448	216.262(1)(a), Florida Statutes. This section shall take effect
1449	upon this act becoming a law.
1450	Section 30.  Except as otherwise expressly provided in this
1451	act, this act shall take effect August 1, 2007.
1452
1453	======= T I T L E  A M E N D M E N T ==========
1454	Remove the entire title and insert:
1455	A bill to be entitled
1456	An act relating to legal representation for indigent
1457	persons; amending s. 27.40, F.S.; removing responsibility
1458	for appointment of attorneys for indigent persons from
1459	courts; providing for appointment of attorneys for
1460	indigent persons by public defenders; limiting
1461	expenditures; providing contract requirements; repealing
1462	s. 27.42, F.S., relating to circuit Article V indigent
1463	services committees; amending s. 27.51, F.S.; providing
1464	additional duties for public defenders related to proving
1465	attorney services in certain cases; amending s. 27.512,
1466	F.S.; specifying cases subject to orders of no
1467	imprisonment for which the public defender may not
1468	represent the defendant; amending s. 27.52, F.S.;
1469	conforming references; limiting expenditures; revising
1470	provisions relating to payment for costs of
1471	representation; amending s. 27.525, F.S.; changing the
1472	name of a trust fund; limiting uses of funds credited to
1473	the trust fund; amending s. 27.53, F.S.; providing that
1474	public defender investigators are authorized to act in any
1475	judicial circuit; amending s. 27.5303, F.S.; revising
1476	provisions relating to appointment of counsel by a public
1477	defender in conflict cases; deleting a requirement to file
1478	a specified report; amending s. 27.5304, F.S.; limiting
1479	expenditures on appointed counsel; creating financial
1480	penalties chargeable against an appointed attorney found
1481	to have provided ineffective assistance of counsel;
1482	deleting forms of billing and payment by private attorneys
1483	representing indigent persons; deleting report of the
1484	Article V Indigent Services Advisory Board; providing for
1485	amendment of the general limits per case in the General
1486	Appropriations Act; allowing for extraordinary payment;
1487	providing that a public defender achieving cost savings
1488	may be entitled to propose alternative use for such
1489	savings up to a specified amount; providing limits on the
1490	ability of an indigent services committee to authorize
1491	compensation in excess of specified fee schedules;
1492	requiring payment of excess compensation to be paid from
1493	the state courts system; amending ss. 27.561 and 27.562,
1494	F.S.; making conforming changes; amending s. 27.58, F.S.;
1495	providing that the public defender is the chief
1496	administrator of all indigent representation services in
1497	the public defender's circuit; amending s. 27.59, F.S.;
1498	providing that attorneys appointed by a public defender
1499	have the same access to prisoners as the public defender;
1500	amending s. 27.7001, F.S.; providing legislative findings
1501	relating to postconviction counsel for capital defendants;
1502	amending s. 27.7002, F.S.; deleting authority for the
1503	executive director of the Commission on Capital Cases to
1504	remove attorneys from the registry of attorneys under
1505	chapter 27, F.S.; requiring registry attorneys to decline
1506	acceptance of an appointment in certain circumstances and
1507	to notify the trial court; creating s. 27.7003, F.S.;
1508	providing for authorization to use state funds for
1509	additional compensation to registry counsel for additional
1510	work that was unforeseeable at the time the contract was
1511	signed under certain circumstances; providing requirements
1512	and conditions with respect to such authorization;
1513	providing a right for the state to appeal an order
1514	granting additional compensation; providing the method of
1515	calculating the amount of additional compensation and
1516	specifying the maximum amount of additional compensation
1517	authorized; providing that the Chief Financial Officer
1518	shall represent the state in proceedings in which
1519	additional compensation is sought; providing that no
1520	compensation is authorized for services not specified in
1521	s. 27.711, F.S.; amending s. 27.711, F.S.; revising
1522	provisions relating to terms and conditions of the
1523	appointment of registry counsel; requiring signature of
1524	contract and notice of appearance to be filed within a
1525	specified time period; requiring compliance with specified
1526	provisions when registry counsel seeks additional
1527	compensation; specifying the assertion of claims not
1528	supported by the law or facts of the case among the list
1529	of example circumstances that may affect the quality of
1530	representation that may be reported to the court; amending
1531	s. 29.007, F.S.; providing for private attorneys appointed
1532	by the public defender; deleting references to the Justice
1533	Administrative Commission; amending s. 29.015, F.S.;
1534	moving responsibility for a deficit in the contingency
1535	fund for alleviating certain deficits from the Justice
1536	Administrative Commission to the state courts system;
1537	requiring establishment of a peer review committee for
1538	review and approval of expenditures from such fund;
1539	amending s. 29.018, F.S.; making conforming changes;
1540	amending s. 29.0185, F.S.; limiting expenditures for due
1541	process costs; amending ss. 39.815, 125.69, and 215.20,
1542	F.S.; conforming provisions; amending s. 744.331, F.S.;
1543	providing for appointment by the public defender of an
1544	attorney for an alleged incapacitated person; repealing s.
1545	914.11, F.S., to repeal a requirement for payment of costs
1546	for an indigent criminal defendant; amending s. 938.29,
1547	F.S.; providing for a lien against an individual who has
1548	been provided attorney services as an indigent; directing
1549	payment of moneys collected from the lien; creating a
1550	transitional plan for payment of expenses accruing before
1551	the effective date of this act; requiring each public
1552	defender to present a transition plan to the Legislative
1553	Budget Commission for approval; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.