Senate Bill sb1088e1

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    CS for SB 1088                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to due process; amending s.

  3         27.40, F.S.; providing for offices of criminal

  4         conflict and civil regional counsel to be

  5         appointed to represent persons in certain cases

  6         in which the public defender is unable to

  7         provide representation; providing for private

  8         counsel to be appointed only when the public

  9         defender and the regional counsel are unable to

10         provide representation; providing for the clerk

11         of court to maintain the registry of attorneys

12         available for appointment; providing for

13         compensation of appointed counsel who are not

14         on the registry; requiring attorneys to

15         maintain records in order to claim

16         extraordinary compensation; requiring attorneys

17         to provide information in a form prescribed by

18         the Justice Administrative Commission; creating

19         s. 27.405, F.S.; requiring the Justice

20         Administrative Commission to track expenditures

21         and performance measures of court-appointed

22         counsel; requiring reports concerning

23         expenditures, performance measures, and certain

24         characteristics of court-appointed counsel;

25         creating s. 27.425, F.S.; requiring the chief

26         circuit judge to recommend compensation rates

27         for providers of due process services;

28         providing for rates to be prescribed in the

29         General Appropriations Act; creating s. 27.511,

30         F.S.; creating an office of criminal conflict

31         and civil regional counsel within the


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    CS for SB 1088                                 First Engrossed



 1         boundaries of each of the five district courts

 2         of appeal; providing legislative intent;

 3         directing the Justice Administrative Commission

 4         to provide administrative support to the

 5         offices; prescribing qualifications for and

 6         providing for appointment of the regional

 7         counsel; providing prohibitions related to the

 8         practice of law; requiring that the criminal

 9         conflict and civil regional counsel be

10         appointed when the public defender has a

11         conflict of interest in specified cases;

12         prohibiting appointment of the office in

13         certain circumstances; providing for appellate

14         representation; providing for the regional

15         counsel to provide representation in certain

16         civil proceedings; providing exceptions for

17         certain guardianship cases; amending s. 27.512,

18         F.S., relating to orders of no imprisonment;

19         conforming provisions to the creation of the

20         regional offices; amending s. 27.52, F.S.,

21         relating to the determination of indigent

22         status; conforming provisions to the creation

23         of the regional offices; amending s. 27.525,

24         F.S.; revising the purposes of the Indigent

25         Criminal Defense Trust Fund; amending s. 27.53,

26         F.S.; authorizing the regional counsel to

27         employ assistant regional counsel; authorizing

28         certain investigators to carry concealed

29         weapons and serve process under certain

30         conditions; requiring the regional counsel to

31         recommend modifications to classification and


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    CS for SB 1088                                 First Engrossed



 1         pay plans; providing for appropriations to be

 2         determined by a funding formula; amending s.

 3         27.5301, F.S.; providing for salaries for the

 4         regional counsel and assistant counsel;

 5         amending s. 27.5303, F.S., relating to

 6         conflicts of interest in the representation of

 7         indigent defendants; conforming provisions to

 8         changes made by the act; eliminating the

 9         authority for the Justice Administrative

10         Commission to contest motions to withdraw;

11         requiring public defenders to submit orders

12         granting motions to withdraw to the commission;

13         requiring the commission to report on such

14         orders; providing for the regional counsel to

15         file a motion to withdraw from a criminal or

16         civil case due to a conflict of interest;

17         providing procedures and criteria; amending s.

18         27.5304, F.S., relating to compensation of

19         private court-appointed counsel, to conform;

20         providing that compensation is based upon a

21         flat fee prescribed in the General

22         Appropriations Act; revising and eliminating

23         certain procedures relating to billings;

24         requiring bills to be submitted within a

25         specified time; providing for penalties for

26         bills submitted after a specified time; raising

27         the maximum fee for representation in capital

28         cases; providing a definition of the term

29         "capital case"; prescribing fee limits for

30         representation in certain dependency

31         proceedings; providing that state compensation


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    CS for SB 1088                                 First Engrossed



 1         for court-appointed attorneys in specified

 2         civil cases may not exceed certain limits;

 3         prescribing conditions, procedures, and amounts

 4         for paying compensation to counsel in excess of

 5         established limits; requiring counsel to file a

 6         motion and submit documentation; providing for

 7         a hearing; requiring a written order and

 8         findings; requiring the Office of State Courts

 9         Administrator to report data on compensation

10         exceeding prescribed limits; amending s. 27.54,

11         F.S., relating to payments for public

12         defenders; conforming provisions to the

13         creation of the offices of criminal conflict

14         and civil regional counsel; amending s. 27.59,

15         F.S.; authorizing the regional counsel to have

16         access to prisoners; amending s. 28.24, F.S.;

17         requiring the clerk of court to provide certain

18         services to the criminal conflict and civil

19         regional counsel without charge; expanding the

20         authorized use of certain service-charge

21         revenues distributed to counties to include

22         technology for the regional counsel; amending

23         s. 28.345, F.S.; exempting the regional counsel

24         from certain court-related fees and charges;

25         amending s. 29.001, F.S.; providing for the

26         public defenders' offices to include the

27         criminal conflict and civil regional counsel

28         for purposes of implementing provisions of the

29         State Constitution; providing for state

30         funding; amending ss. 29.006 and 29.007, F.S.,

31         relating to indigent defense costs and


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    CS for SB 1088                                 First Engrossed



 1         court-appointed counsel; conforming provisions

 2         to the creation of the regional counsel;

 3         amending s. 29.008, F.S.; requiring counties to

 4         provide certain funding related to the offices

 5         of the guardian ad litem and the criminal

 6         conflict and civil regional counsel; revising

 7         definitions related to county funding

 8         responsibilities; revising methods for

 9         determining certain local funding requirements,

10         to conform; amending s. 29.015, F.S., relating

11         to deficits in due-process funds; conforming

12         provisions to the creation of the regional

13         counsel; revising procedures for use of certain

14         contingency funds; amending s. 29.018, F.S.,

15         relating to cost sharing of due-process

16         services; conforming provisions to the creation

17         of the regional counsel; amending s. 39.815,

18         F.S.; conforming a cross-reference; amending s.

19         43.16, F.S.; authorizing the Justice

20         Administrative Commission to provide

21         administrative assistance to criminal conflict

22         and civil regional counsel; revising the

23         application of provisions to conform to changes

24         made by the act; amending s. 57.082, F.S.;

25         revising provisions governing the determination

26         of civil indigent status in order to include

27         the appointment of public attorneys in addition

28         to private attorneys; requiring the court to

29         appoint the office of criminal conflict and

30         civil regional counsel in certain civil cases;

31         amending s. 110.205, F.S.; exempting officers


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    CS for SB 1088                                 First Engrossed



 1         and employees of the regional offices from the

 2         state career service system; amending s.

 3         125.69, F.S.; authorizing counties to contract

 4         with the regional counsel to represent

 5         defendants charged with violations of

 6         ordinances; amending s. 216.011, F.S.;

 7         providing that the regional offices are state

 8         agencies for state budgeting purposes; amending

 9         s. 744.331, F.S.; providing for the appointment

10         of the office of criminal conflict and civil

11         regional counsel or a private attorney for

12         alleged incapacitated persons; providing a

13         temporary exception from certain education

14         requirements for regional counsel; amending s.

15         938.29, F.S.; providing that certain defendants

16         are liable for regional counsel fees and

17         certain due-process costs; providing for

18         disbursement of collected costs and fees;

19         creating a lien against the property of persons

20         who receive regional counsel representation and

21         other due-process services; creating a lien

22         against certain parents for fees and costs;

23         providing for enforcement by the clerk and

24         valuation of fees and costs by the court;

25         repealing s. 27.42, F.S., relating to circuit

26         Article V indigent services committees;

27         providing legislative findings and intent

28         regarding implementation of the act; requiring

29         attorneys to report on active court-appointed

30         cases; providing payment priority for attorneys

31         complying with the reporting requirement;


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    CS for SB 1088                                 First Engrossed



 1         providing for severability; providing effective

 2         dates.

 3  

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

 5  

 6         Section 1.  Effective October 1, 2007, subsections (1),

 7  (2), (3), (7), and (9) of section 27.40, Florida Statutes, are

 8  amended to read:

 9         27.40  Court-appointed counsel; circuit registries;

10  minimum requirements; appointment by court.--

11         (1)  Counsel shall be appointed to represent any

12  individual in a criminal or civil proceeding entitled to

13  court-appointed counsel under the Federal or State

14  Constitution or as authorized by general law. The court shall

15  appoint a public defender to represent indigent persons as

16  authorized in s. 27.51. The office of criminal conflict and

17  civil regional counsel shall be appointed to represent persons

18  in those cases in which provision is made for court-appointed

19  counsel but the public defender is unable to provide

20  representation due to a conflict of interest or is not

21  authorized to provide representation.

22         (2)(a)  Private counsel shall be appointed to represent

23  persons indigents in those cases in which provision is made

24  for court-appointed counsel but the office of criminal

25  conflict and civil regional counsel public defender is unable

26  to provide representation due to a conflict of interest or is

27  not authorized to provide representation.

28         (b)(2)  Private counsel appointed by the court to

29  provide representation shall be selected from a registry of

30  individual attorneys maintained under this section established

31  


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    CS for SB 1088                                 First Engrossed



 1  by the circuit Article V indigent services committee or

 2  procured through a competitive bidding process.

 3         (3)  In utilizing a registry:

 4         (a)  The chief judge of the circuit Each circuit

 5  Article V indigent services committee shall compile and

 6  maintain a list of attorneys in private practice, by county

 7  and by category of cases and provide the list to the clerk of

 8  court in each county. From October 1, 2005, through September

 9  30, 2007, the list of attorneys compiled by the Eleventh

10  Judicial Circuit shall provide the race, gender, and national

11  origin of assigned attorneys. To be included on a registry,

12  attorneys shall certify that they meet any minimum

13  requirements established in general law for court appointment,

14  are available to represent indigent defendants in cases

15  requiring court appointment of private counsel, and are

16  willing to abide by the terms of the contract for services. To

17  be included on a registry, an attorney also must enter into a

18  contract for services with the Justice Administrative

19  Commission. Failure to comply with the terms of the contract

20  for services may result in termination of the contract and

21  removal from the registry. Each attorney on the registry shall

22  be responsible for notifying the clerk of the court circuit

23  Article V indigent services committee and the Justice

24  Administrative Commission of any change in his or her status.

25  Failure to comply with this requirement shall be cause for

26  termination of the contract for services and removal from the

27  registry until the requirement is fulfilled.

28         (b)  The court shall appoint attorneys in rotating

29  order in the order in which names appear on the applicable

30  registry, unless the court makes a finding of good cause on

31  the record for appointing an attorney out of order. The clerk


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    CS for SB 1088                                 First Engrossed



 1  of court shall maintain the registry and provide to the court

 2  the name of the attorney for appointment. An attorney not

 3  appointed in the order in which his or her name appears on the

 4  list shall remain next in order.

 5         (c)  If it finds the number of attorneys on the

 6  registry in a county or circuit for a particular category of

 7  cases is inadequate, the circuit Article V indigent services

 8  committee shall notify the chief judge of the particular

 9  circuit in writing. The chief judge shall provide to the clerk

10  of court submit the names of at least three private attorneys

11  who have with relevant experience. The clerk of court shall

12  send an application to each of these attorneys to register for

13  appointment.

14         (d)  Quarterly, each chief judge circuit Article V

15  indigent services committee shall provide a current copy of

16  each registry to the Chief Justice of the Supreme Court, the

17  chief judge, the state attorney and public defender in each

18  judicial circuit, the office of criminal conflict and civil

19  regional counsel, the clerk of court in each county, and the

20  Justice Administrative Commission, and the Indigent Services

21  Advisory Board. From October 1, 2005, through September 30,

22  2007, the report submitted by the Eleventh Judicial Circuit

23  shall include the race, gender, and national origin of all

24  attorneys listed in and appointed under the registry.

25         (7)(a)  A private An attorney appointed by the court

26  from the registry to represent a defendant or other client is

27  entitled to payment as provided in pursuant to s. 27.5304. An

28  attorney appointed by the court who is not on the registry

29  list may be compensated under s. 27.5304 if the court finds in

30  the order of appointment that there were no registry attorneys

31  available for representation for that case., only upon full


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    CS for SB 1088                                 First Engrossed



 1  performance by the attorney of specified duties, approval of

 2  payment by the court, except for payment based on a flat fee

 3  per case as provided in s. 27.5304; and attorney submission of

 4  a payment request to the Justice Administrative Commission.

 5  Upon being permitted to withdraw from a case, a

 6  court-appointed attorney shall submit a copy of the order to

 7  the Justice Administrative Commission at the time it is issued

 8  by the court. If an attorney is permitted to withdraw or is

 9  otherwise removed from representation prior to full

10  performance of the duties specified in this section for

11  reasons other than breach of duty, the trial court shall

12  approve payment of attorney's fees and costs for work

13  performed in an amount not to exceed the amounts specified in

14  s. 27.5304. Withdrawal from a case prior to full performance

15  of the duties specified shall create a rebuttable presumption

16  that the attorney is not entitled to the entire flat fee for

17  those cases paid on a flat-fee-per-case basis.

18         (b)  The attorney shall maintain appropriate

19  documentation, including contemporaneous a current and

20  detailed hourly accounting of time spent representing the

21  defendant or other client. If the attorney fails to maintain

22  such contemporaneous and detailed hourly records, the attorney

23  waives the right to seek compensation in excess of the flat

24  fee established in s. 27.5304 and the General Appropriations

25  Act. These records and documents are subject to review by the

26  Justice Administrative Commission, subject to the

27  attorney-client privilege and work product privilege.

28         (9)  A circuit Article V indigent services committee or

29  Any interested person may advise the court of any circumstance

30  affecting the quality of representation, including, but not

31  limited to, false or fraudulent billing, misconduct, failure


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    CS for SB 1088                                 First Engrossed



 1  to meet continuing legal education requirements, solicitation

 2  to receive compensation from the defendant or other client the

 3  attorney is appointed to represent, or failure to file

 4  appropriate motions in a timely manner.

 5         (10)  The attorney shall provide information in the

 6  form specified by the Justice Administrative Commission

 7  pursuant to s. 27.405, subject to the attorney-client

 8  privilege and work product privilege.

 9         Section 2.  Effective October 1, 2007, section 27.405,

10  Florida Statutes, is created to read:

11         27.405  Court-appointed counsel; Justice Administrative

12  Commission tracking and reporting.--

13         (1)  The Justice Administrative Commission shall

14  separately track expenditures and performance measures for

15  private court-appointed counsel for the each of the categories

16  of criminal or civil cases in which private counsel may be

17  appointed.

18         (2)  The commission shall prepare and issue on a

19  quarterly basis a statewide report comparing actual

20  year-to-date expenditures to budget amounts for each of the

21  judicial circuits. The commission shall prepare and issue on

22  an annual basis a statewide report comparing performance

23  measures for each of the judicial circuits. The commission

24  shall distribute copies of the quarterly and annual reports to

25  the Governor, the Chief Justice of the Supreme Court, the

26  President of the Senate, and the Speaker of the House of

27  Representatives.

28         (3)  From October 1, 2005, through September 30, 2007,

29  the commission shall also track and issue a report on the

30  race, gender, and national origin of private court-appointed

31  counsel for the Eleventh Judicial Circuit.


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    CS for SB 1088                                 First Engrossed



 1         Section 3.  Effective October 1, 2007, section 27.425,

 2  Florida Statutes, is created to read:

 3         27.425  Due process service rates; responsibilities of

 4  chief judge.--

 5         (1)  The chief judge of each circuit shall recommend

 6  compensation rates for state-funded due process service

 7  providers in cases in which the court has appointed private

 8  counsel or declared a person indigent for costs. For purposes

 9  of this section, due process compensation rates do not include

10  attorney's fees for legal representation of the client.

11         (2)  Annually, the chief judge shall submit proposed

12  due process compensation rates to the Office of the State

13  Courts Administrator for inclusion in the legislative budget

14  request for the state courts system.

15         (3)  The maximum rates shall be specified annually in

16  the General Appropriations Act. For the 2007-2008 fiscal year,

17  the maximum rates shall be the rates in effect on June 30,

18  2007.

19         (4)  The total amount expended for providers of due

20  process services in eligible cases may not exceed the amount

21  budgeted in the General Appropriations Act for the particular

22  due process service.

23         Section 4.  Section 27.511, Florida Statutes, is

24  created to read:

25         27.511  Offices of criminal conflict and civil regional

26  counsel; legislative intent; qualifications; appointment;

27  duties.--

28         (1)  It is the intent of the Legislature to provide

29  adequate representation to persons entitled to court-appointed

30  counsel under the Federal or State Constitution or as

31  authorized by general law. It is the further intent of the


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    CS for SB 1088                                 First Engrossed



 1  Legislature to provide adequate representation in a fiscally

 2  sound manner, while safeguarding constitutional principles.

 3  Therefore, an office of criminal conflict and civil regional

 4  counsel is created within the geographic boundaries of each of

 5  the five district courts of appeal. The regional counsel shall

 6  be appointed as set forth in subsection (3) for each of the

 7  five regional offices. The offices shall commence fulfilling

 8  their constitutional and statutory purpose and duties on

 9  October 1, 2007.

10         (2)  Each office of criminal conflict and civil

11  regional counsel shall be assigned to the Justice

12  Administrative Commission for administrative purposes. The

13  commission shall provide administrative support and service to

14  the offices to the extent requested by each regional counsel

15  within the available resources of the commission. The regional

16  counsel and the offices are not subject to control,

17  supervision, or direction by the commission in the performance

18  of their duties, but the employees of the offices shall be

19  governed by the classification plan and the salary and

20  benefits plan for the commission.

21         (3)  Each regional counsel must be, and must have been

22  for the preceding 5 years, a member in good standing of The

23  Florida Bar or a similar organization in another state. Each

24  regional counsel shall be appointed by the Governor and is

25  subject to confirmation by the Senate. The Supreme Court

26  Judicial Nominating Commission shall recommend to the Governor

27  three qualified candidates for appointment to each of the five

28  regional counsel positions. The Governor shall appoint the

29  regional counsel for the five regions from among the

30  recommendations, or, if it is in the best interest of the fair

31  administration of justice, the Governor may reject the


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    CS for SB 1088                                 First Engrossed



 1  nominations and request that the Supreme Court Judicial

 2  Nominating Commission submit three new nominees. The regional

 3  counsel shall be appointed to a term of 4 years, the first

 4  term beginning on July 1, 2007. Vacancies shall be filled in

 5  the same manner as appointments.

 6         (4)  Each regional counsel shall serve on a full-time

 7  basis and may not engage in the private practice of law while

 8  holding office. Assistant regional counsel shall give priority

 9  and preference to their duties as assistant regional counsel

10  and may not otherwise engage in the practice of criminal law

11  or in civil proceedings for which the state compensates

12  attorneys for representation.

13         (5)  Effective October 1, 2007, when the Office of the

14  Public Defender, at any time during the representation of two

15  or more defendants, determines that the interests of those

16  accused are so adverse or hostile that they cannot all be

17  counseled by the public defender or his or her staff without a

18  conflict of interest, or that none can be counseled by the

19  public defender or his or her staff because of a conflict of

20  interest, and the court grants the public defender's motion to

21  withdraw, the office of criminal conflict and civil regional

22  counsel shall be appointed and shall provide legal services,

23  without additional compensation, to any person determined to

24  be indigent under s. 27.52, who is:

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

26         (b)  Under arrest for, or charged with:

27         1.  A misdemeanor authorized for prosecution by the

28  state attorney;

29         2.  A violation of chapter 316 punishable by

30  imprisonment;

31         3.  Criminal contempt; or


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    CS for SB 1088                                 First Engrossed



 1         4.  A violation of a special law or county or municipal

 2  ordinance ancillary to a state charge, or if not ancillary to

 3  a state charge, only if the office of criminal conflict and

 4  civil regional counsel contracts with the county or

 5  municipality to provide representation pursuant to ss. 27.54

 6  and 125.69.

 7  

 8  The office of criminal conflict and civil regional counsel may

 9  not provide representation pursuant to this paragraph if the

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

11  imprisonment as provided in s. 27.512;

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

13  petition filed before a circuit court;

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

15  involuntarily placed as a mentally ill person under part I of

16  chapter 394, involuntarily committed as a sexually violent

17  predator under part V of chapter 394, or involuntarily

18  admitted to residential services as a person with

19  developmental disabilities under chapter 393;

20         (e)  Convicted and sentenced to death, for purposes of

21  handling an appeal to the Supreme Court; or

22         (f)  Is appealing a matter in a case arising under

23  paragraphs (a)-(d).

24         (6)(a)  Effective October 1, 2007, the office of

25  criminal conflict and civil regional counsel has primary

26  responsibility for representing persons entitled to

27  court-appointed counsel under the Federal or State

28  Constitution or as authorized by general law in civil

29  proceedings, including, but not limited to, proceedings under

30  s. 393.12 and chapters 39, 390, 392, 397, 415, 743, 744, and

31  984.


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    CS for SB 1088                                 First Engrossed



 1         (b)  If constitutional principles or general law

 2  provide for court-appointed counsel in civil proceedings, the

 3  court shall first appoint the regional counsel unless general

 4  law specifically provides for appointment of the public

 5  defender, in which case the court shall appoint the regional

 6  counsel if the public defender has a conflict of interest.

 7         (c)  Notwithstanding paragraph (b) or any provision of

 8  chapter 744 to the contrary, when chapter 744 provides for

 9  appointment of counsel, the court, in consultation with the

10  clerk of court and prior to appointing counsel, shall

11  determine, if possible, whether the person entitled to

12  representation is indigent, using the best available evidence.

13         1.  If the person is indigent, the court shall appoint

14  the regional counsel. If at any time after appointment the

15  regional counsel determines that the person is not indigent

16  and that there are sufficient assets available for the payment

17  of legal representation under s. 744.108, the regional counsel

18  shall move the court to reassign the case to a private

19  attorney.

20         2.  If the person is not indigent or if the court and

21  the clerk are not able to determine whether the person is

22  indigent at the time of appointment, the court shall appoint a

23  private attorney. If at any time after appointment the private

24  attorney determines that the person is indigent and that there

25  are not sufficient assets available for the payment of legal

26  representation under s. 744.108, the private attorney shall

27  move the court to reassign the case to the regional counsel.

28  When a case is reassigned, the private attorney may seek

29  compensation from the Justice Administrative Commission for

30  representation not recoverable from any assets of the person

31  in an amount approved by the court as a pro rata portion of


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    CS for SB 1088                                 First Engrossed



 1  the compensation limits prescribed in the General

 2  Appropriations Act.

 3         (d)  The regional counsel may not represent any

 4  plaintiff in a civil action brought under the Florida Rules of

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

 6  federal statutes, and may not represent a petitioner in a rule

 7  challenge under chapter 120, unless specifically authorized by

 8  law.

 9         (7)  The court may not appoint the office of criminal

10  conflict and civil regional counsel to represent, even on a

11  temporary basis, any person who is not indigent, except to the

12  extent that appointment of counsel is specifically provided

13  for in chapters 390, 394, 415, 743, and 744 without regard to

14  the indigent status of the person entitled to representation.

15         (8)  The office of criminal conflict and civil regional

16  counsel shall handle all circuit court appeals within the

17  state courts system and any authorized appeals to the federal

18  courts which are required in cases in which the office of

19  criminal conflict and civil regional counsel is appointed

20  under this section.

21         (9)  When direct appellate proceedings prosecuted by

22  the office of criminal conflict and civil regional counsel on

23  behalf of an accused and challenging a judgment of conviction

24  and sentence of death terminate in an affirmance of such

25  conviction and sentence, whether by the Supreme Court or by

26  the United States Supreme Court or by expiration of any

27  deadline for filing such appeal in a state or federal court,

28  the office of criminal conflict and civil regional counsel

29  shall notify the accused of his or her rights pursuant to Rule

30  3.850, Florida Rules of Criminal Procedure, including any time

31  limits pertinent thereto, and shall advise such person that


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    CS for SB 1088                                 First Engrossed



 1  representation in any collateral proceedings is the

 2  responsibility of the capital collateral regional counsel. The

 3  office of criminal conflict and civil regional counsel shall

 4  forward all original files on the matter to the capital

 5  collateral regional counsel, retaining such copies for his or

 6  her files as may be desired or required by law. However, the

 7  trial court shall retain the power to appoint the office of

 8  criminal conflict and civil regional counsel or other attorney

 9  not employed by the capital collateral regional counsel to

10  represent such person in proceedings for relief by executive

11  clemency pursuant to ss. 27.40 and 27.5303.

12         Section 5.  Effective July 1, 2007, subsection (1) of

13  section 27.512, Florida Statutes, is amended to read:

14         27.512  Order of no imprisonment.--

15         (1)  In each case in which the court determines that it

16  will not sentence the defendant to imprisonment if convicted,

17  the court shall issue an order of no imprisonment and the

18  court may not appoint the public defender or other counsel to

19  represent the defendant. If the court issues an order of no

20  imprisonment following the appointment of the public defender

21  or other counsel, the court shall immediately terminate the

22  appointed counsel's public defender's services. However, if at

23  any time the court withdraws the order of no imprisonment with

24  respect to an indigent defendant, the court shall appoint the

25  public defender to represent the defendant.

26         Section 6.  Effective October 1, 2007, subsections (2),

27  (3), (4), (5), (6), and (7) of section 27.52, Florida

28  Statutes, are amended to read:

29         27.52  Determination of indigent status.--

30         (2)  DETERMINATION BY THE CLERK.--The clerk of the

31  court shall determine whether an applicant seeking appointment


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    CS for SB 1088                                 First Engrossed



 1  of a public defender is indigent based upon the information

 2  provided in the application and the criteria prescribed in

 3  this subsection.

 4         (a)1.  An applicant, including an applicant who is a

 5  minor or an adult tax-dependent person, is indigent if the

 6  applicant's income is equal to or below 200 percent of the

 7  then-current federal poverty guidelines prescribed for the

 8  size of the household of the applicant by the United States

 9  Department of Health and Human Services or if the person is

10  receiving Temporary Assistance for Needy Families-Cash

11  Assistance, poverty-related veterans' benefits, or

12  Supplemental Security Income (SSI).

13         2.  There is a presumption that the applicant is not

14  indigent if the applicant owns, or has equity in, any

15  intangible or tangible personal property or real property or

16  the expectancy of an interest in any such property having a

17  net equity value of $2,500 or more, excluding the value of the

18  person's homestead and one vehicle having a net value not

19  exceeding $5,000.

20         (b)  Based upon its review, the clerk shall make one of

21  the following determinations:

22         1.  The applicant is not indigent.

23         2.  The applicant is indigent.

24         (c)1.  If the clerk determines that the applicant is

25  indigent, the clerk shall submit the determination to the

26  office of the public defender and immediately file the

27  determination in the case file.

28         2.  If the public defender is unable to provide

29  representation due to a conflict pursuant to s. 27.5303, the

30  public defender shall move the court for withdrawal from

31  


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    CS for SB 1088                                 First Engrossed



 1  representation and appointment of the office of criminal

 2  conflict and civil regional private counsel.

 3         (d)  The duty of the clerk in determining whether an

 4  applicant is indigent shall be limited to receiving the

 5  application and comparing the information provided in the

 6  application to the criteria prescribed in this subsection. The

 7  determination of indigent status is a ministerial act of the

 8  clerk and not a decision based on further investigation or the

 9  exercise of independent judgment by the clerk. The clerk may

10  contract with third parties to perform functions assigned to

11  the clerk under this section.

12         (e)  The applicant may seek review of the clerk's

13  determination that the applicant is not indigent in the court

14  having jurisdiction over the matter at the next scheduled

15  hearing. If the applicant seeks review of the clerk's

16  determination of indigent status, the court shall make a final

17  determination as provided in subsection (4).

18         (3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the

19  clerk of the court has not made a determination of indigent

20  status at the time a person requests appointment of a public

21  defender, the court shall make a preliminary determination of

22  indigent status, pending further review by the clerk, and may,

23  by court order, appoint a public defender, the office of

24  criminal conflict and civil regional counsel, or private

25  counsel on an interim basis.

26         (4)  REVIEW OF CLERK'S DETERMINATION.--

27         (a)  If the clerk of the court determines that the

28  applicant is not indigent, and the applicant seeks review of

29  the clerk's determination, the court shall make a final

30  determination of indigent status by reviewing the information

31  provided in the application against the criteria prescribed in


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    CS for SB 1088                                 First Engrossed



 1  subsection (2) and by considering the following additional

 2  factors:

 3         1.  Whether the applicant has been released on bail in

 4  an amount of $5,000 or more.

 5         2.  Whether a bond has been posted, the type of bond,

 6  and who paid the bond.

 7         3.  Whether paying for private counsel in an amount

 8  that exceeds the limitations in s. 27.5304, or other due

 9  process services creates a substantial hardship for the

10  applicant or the applicant's family.

11         4.  Any other relevant financial circumstances of the

12  applicant or the applicant's family.

13         (b)  Based upon its review, the court shall make one of

14  the following determinations and, if the applicant is

15  indigent, shall appoint a public defender, the office of

16  criminal conflict and civil regional counsel, or, if

17  appropriate, private counsel:

18         1.  The applicant is not indigent.

19         2.  The applicant is indigent.

20         (5)  INDIGENT FOR COSTS.--A person who is eligible to

21  be represented by a public defender under s. 27.51 but who is

22  represented by private counsel not appointed by the court for

23  a reasonable fee as approved by the court, on a pro bono

24  basis, or who is proceeding pro se, may move the court for a

25  determination that he or she is indigent for costs and

26  eligible for the provision of due process services, as

27  prescribed by ss. 29.006 and 29.007, funded by the state.

28         (a)  The person must submit to the court:

29         1.  The completed application prescribed in subsection

30  (1).

31  


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    CS for SB 1088                                 First Engrossed



 1         2.  In the case of a person represented by counsel, an

 2  affidavit attesting to the estimated amount of attorney's fees

 3  and the source of payment for these fees.

 4         (b)  In reviewing the motion, the court shall consider:

 5         1.  Whether the applicant applied for a determination

 6  of indigent status under subsection (1) and the outcome of

 7  such application.

 8         2.  The extent to which the person's income equals or

 9  exceeds the income criteria prescribed in subsection (2).

10         3.  The additional factors prescribed in subsection

11  (4).

12         4.  Whether the applicant is proceeding pro se.

13         5.  When the applicant retained private counsel.

14         6.  The amount of any attorney's fees and who is paying

15  the fees.

16         (c)  Based upon its review, the court shall make one of

17  the following determinations:

18         1.  The applicant is not indigent for costs.

19         2.  The applicant is indigent for costs.

20         (d)  The provision of due process services based upon a

21  determination that a person is indigent for costs under this

22  subsection must be effectuated pursuant to a court order, a

23  copy of which the clerk shall provide to counsel representing

24  the person, or to the person directly if he or she is

25  proceeding pro se, for use in requesting payment of due

26  process expenses through the Justice Administrative

27  Commission. Private counsel representing a person declared

28  indigent for costs shall execute the Justice Administrative

29  Commission's contract for counsel representing persons

30  determined to be indigent for costs.

31  


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    CS for SB 1088                                 First Engrossed



 1         (6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent

 2  parent or legal guardian of an applicant who is a minor or an

 3  adult tax-dependent person shall furnish the minor or adult

 4  tax-dependent person with the necessary legal services and

 5  costs incident to a delinquency proceeding or, upon transfer

 6  of such person for criminal prosecution as an adult pursuant

 7  to chapter 985, a criminal prosecution in which the person has

 8  a right to legal counsel under the Constitution of the United

 9  States or the Constitution of the State of Florida. The

10  failure of a parent or legal guardian to furnish legal

11  services and costs under this section does not bar the

12  appointment of legal counsel pursuant to this section, s.

13  27.40, or s. 27.5303. When the public defender, the office of

14  criminal conflict and civil regional counsel, a private

15  court-appointed conflict counsel, or a private attorney is

16  appointed to represent a minor or an adult tax-dependent

17  person in any proceeding in circuit court or in a criminal

18  proceeding in any other court, the parents or the legal

19  guardian shall be liable for payment of the fees, charges, and

20  costs of the representation even if the person is a minor

21  being tried as an adult. Liability for the fees, charges, and

22  costs of the representation shall be imposed in the form of a

23  lien against the property of the nonindigent parents or legal

24  guardian of the minor or adult tax-dependent person. The lien

25  is enforceable as provided in s. 27.561 or s. 938.29.

26         (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

27  INFORMATION.--

28         (a)  If the court learns of discrepancies between the

29  application or motion and the actual financial status of the

30  person found to be indigent or indigent for costs, the court

31  shall determine whether the public defender, office of


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    CS for SB 1088                                 First Engrossed



 1  criminal conflict and civil regional counsel, or private

 2  attorney shall continue representation or whether the

 3  authorization for any other due process services previously

 4  authorized shall be revoked. The person may be heard regarding

 5  the information learned by the court. If the court, based on

 6  the information, determines that the person is not indigent or

 7  indigent for costs, the court shall order the public defender,

 8  office of criminal conflict and civil regional counsel, or

 9  private attorney to discontinue representation and revoke the

10  provision of any other authorized due process services.

11         (b)  If the court has reason to believe that any

12  applicant, through fraud or misrepresentation, was improperly

13  determined to be indigent or indigent for costs, the matter

14  shall be referred to the state attorney. Twenty-five percent

15  of any amount recovered by the state attorney as reasonable

16  value of the services rendered, including fees, charges, and

17  costs paid by the state on the person's behalf, shall be

18  remitted to the Department of Revenue for deposit into the

19  Grants and Donations Trust Fund within the Justice

20  Administrative Commission. Seventy-five percent of any amount

21  recovered shall be remitted to the Department of Revenue for

22  deposit into the General Revenue Fund.

23         (c)  A person who knowingly provides false information

24  to the clerk or the court in seeking a determination of

25  indigent status under this section commits a misdemeanor of

26  the first degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         Section 7.  Effective July 1, 2007, section 27.525,

29  Florida Statutes, is amended to read:

30         27.525  Indigent Criminal Defense Trust Fund.--The

31  Indigent Criminal Defense Trust Fund is hereby created, to be


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    CS for SB 1088                                 First Engrossed



 1  administered by the Justice Administrative Commission. Funds

 2  shall be credited to the trust fund as provided in s. 27.52,

 3  to be used for the purposes of indigent criminal defense as

 4  appropriated by the Legislature to the public defender or the

 5  office of criminal conflict and civil regional counsel set

 6  forth therein. The Justice Administrative Commission shall

 7  account for these funds on a circuit basis, and appropriations

 8  from the fund shall be proportional to each circuit's

 9  collections.

10         Section 8.  Effective July 1, 2007, subsections (4) and

11  (5) are added to section 27.53, Florida Statutes, to read:

12         27.53  Appointment of assistants and other staff;

13  method of payment.--

14         (4)  The five criminal conflict and civil regional

15  counsel may employ and establish, in the numbers authorized by

16  the General Appropriations Act, assistant regional counsel and

17  other staff and personnel in each judicial district pursuant

18  to s. 29.006, who shall be paid from funds appropriated for

19  that purpose. Notwithstanding s. 790.01, s. 790.02, or s.

20  790.25(2)(a), an investigator employed by an office of

21  criminal conflict and civil regional counsel, while actually

22  carrying out official duties, is authorized to carry concealed

23  weapons if the investigator complies with s. 790.25(3)(o).

24  However, such investigators are not eligible for membership in

25  the Special Risk Class of the Florida Retirement System. The

26  five regional counsel shall jointly develop recommended

27  modifications to the classification plan and the salary and

28  benefits plan for the Justice Administrative Commission. The

29  recommendations shall be submitted to the commission, the

30  office of the President of the Senate, and the office of the

31  Speaker of the House of Representatives by September 15, 2007,


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    CS for SB 1088                                 First Engrossed



 1  for the regional offices' initial establishment and before

 2  January 1 of each year thereafter. Such recommendations shall

 3  be developed in accordance with policies and procedures of the

 4  Executive Office of the Governor established in s. 216.181.

 5  Each assistant regional counsel appointed by the regional

 6  counsel under this section shall serve at the pleasure of the

 7  regional counsel. Each investigator employed by the regional

 8  counsel shall have full authority to serve any witness

 9  subpoena or court order issued by any court or judge in a

10  criminal case in which the regional counsel has been appointed

11  to represent the accused.

12         (5)  The appropriations for the offices of criminal

13  conflict and civil regional counsel shall be determined by a

14  funding formula and other factors that are considered

15  appropriate in a manner to be determined by this section and

16  the General Appropriations Act.

17         Section 9.  Effective July 1, 2007, section 27.5301,

18  Florida Statutes, is amended to read:

19         27.5301  Salaries of public defenders, and assistant

20  public defenders, criminal conflict and civil regional

21  counsel, and assistant regional counsel.--

22         (1)  The salaries of public defenders shall be as

23  provided in the General Appropriations Act and shall be paid

24  in equal monthly installments.

25         (2)  The salary for each assistant public defender

26  shall be set by the public defender of the same judicial

27  circuit in an amount not to exceed 100 percent of that public

28  defender's salary and shall be paid from funds appropriated

29  for that purpose. Assistant public defenders who serve in less

30  than a full-time capacity shall be compensated for services

31  


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    CS for SB 1088                                 First Engrossed



 1  performed in an amount to be in proportion to the salary

 2  allowed for full-time services.

 3         (3)  The salary of the criminal conflict and civil

 4  regional counsel shall be as provided in the General

 5  Appropriations Act and shall be paid in equal monthly

 6  installments.

 7         (4)  The salary for each assistant regional counsel

 8  shall be set by the regional counsel in an amount not to

 9  exceed 100 percent of the regional counsel's salary and shall

10  be paid from funds appropriated for that purpose. Assistant

11  regional counsel who serve in less than a full-time capacity

12  shall be compensated for services performed in an amount that

13  is in proportion to the salary allowed for full-time services.

14         Section 10.  Effective October 1, 2007, section

15  27.5303, Florida Statutes, is amended to read:

16         27.5303  Public defenders; criminal conflict and civil

17  regional counsel; conflict of interest.--

18         (1)(a)  If, at any time during the representation of

19  two or more defendants, a public defender determines that the

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

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

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

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

24  of a conflict of interest, then the public defender shall file

25  a motion to withdraw and move the court to appoint other

26  counsel. If requested by the Justice Administrative

27  Commission, the public defender shall submit a copy of the

28  motion to the Justice Administrative Commission at the time it

29  is filed with the court. The Justice Administrative Commission

30  shall have standing to appear before the court to contest any

31  motion to withdraw due to a conflict of interest. The Justice


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    CS for SB 1088                                 First Engrossed



 1  Administrative Commission may contract with other public or

 2  private entities or individuals to appear before the court for

 3  the purpose of contesting any motion to withdraw due to a

 4  conflict of interest. The court shall review and may inquire

 5  or conduct a hearing into the adequacy of the public

 6  defender's representations regarding a conflict of interest

 7  without requiring the disclosure of any confidential

 8  communications. The court shall deny the motion to withdraw if

 9  the court finds the grounds for withdrawal are insufficient or

10  the asserted conflict is not prejudicial to the indigent

11  client. If the court grants the motion to withdraw, the court

12  shall appoint one or more attorneys to represent the accused,

13  as provided in s. 27.40. The public defender shall submit to

14  the Justice Administrative Commission a copy of the order

15  granting the motion to withdraw within 30 days after the

16  motion is granted. The commission shall report quarterly to

17  the Governor, the President of the Senate, and the Speaker of

18  the House of Representatives on the number of orders granting

19  motions to withdraw for each circuit.

20         (b)  If, at any time during the representation of two

21  or more persons in a criminal or civil proceeding, a criminal

22  conflict and civil regional counsel determines that the

23  interests of those clients are so adverse or hostile that they

24  cannot all be counseled by the regional counsel or his or her

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

26  counseled by the regional counsel or his or her staff because

27  of a conflict of interest, the regional counsel shall file a

28  motion to withdraw and move the court to appoint other

29  counsel. If requested by the Justice Administrative

30  Commission, the regional counsel shall submit a copy of the

31  motion to the Justice Administrative Commission at the time it


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    CS for SB 1088                                 First Engrossed



 1  is filed with the court. The court shall review and may

 2  inquire or conduct a hearing into the adequacy of the regional

 3  counsel's representations regarding a conflict of interest

 4  without requiring the disclosure of any confidential

 5  communications. The court shall deny the motion to withdraw if

 6  the court finds the grounds for withdrawal are insufficient or

 7  the asserted conflict is not prejudicial to the client. If the

 8  court grants the motion to withdraw, the court shall appoint

 9  one or more private attorneys to represent the person as

10  provided in s. 27.40. The clerk of court shall inform the

11  regional office and the commission when the court appoints

12  private counsel.

13         (c)(b)  Upon its own motion, the court shall appoint

14  such other counsel when the facts developed upon the face of

15  the record and court files in the case disclose a conflict of

16  interest. The clerk court shall advise the appropriate public

17  defender or criminal conflict and civil regional counsel and

18  clerk of court, in writing, with an electronic a copy to the

19  Justice Administrative Commission, if so requested by the

20  Justice Administrative Commission, when the court makes making

21  the motion and appoints appointing one or more attorneys to

22  represent the accused. The court shall specify the basis for

23  the conflict.

24         (d)(c)  In no case shall the court approve a withdrawal

25  by the public defender or criminal conflict and civil regional

26  counsel based solely upon inadequacy of funding or excess

27  workload of the public defender or regional counsel.

28         (e)(d)  In determining whether or not there is a

29  conflict of interest, the public defender or regional counsel

30  shall apply the standards contained in the Uniform Standards

31  for Use in Conflict of Interest Cases found in appendix C to


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    CS for SB 1088                                 First Engrossed



 1  the Final Report of the Article V Indigent Services Advisory

 2  Board dated January 6, 2004. Before a motion to withdraw is

 3  filed under this section, the public defender or regional

 4  counsel serving the circuit, or his or her designee, must:

 5         1.  Determine if there is a viable alternative to

 6  withdrawal from representation which would remedy the conflict

 7  of interest and, if its exists, implement that alternative;

 8  and

 9         2.  Approve in writing the filing of the motion to

10  withdraw.

11         (2)  The court shall appoint conflict counsel pursuant

12  to s. 27.40, first appointing the office of criminal conflict

13  and civil regional counsel and, if the office is found to have

14  a conflict, appointing private counsel. The appointed private

15  attorney may not be affiliated with the public defender, or

16  any assistant public defender, the regional counsel, or any

17  assistant regional counsel in his or her official capacity or

18  any other private attorney appointed to represent a

19  codefendant. The public defender or regional counsel may not

20  participate in case-related decisions, performance

21  evaluations, or expense determinations in conflict cases.

22         (3)  Private court-appointed counsel shall be

23  compensated as provided in s. 27.5304.

24         (4)(a)  If a defendant is convicted and the death

25  sentence is imposed, the appointed attorney shall continue

26  representation through appeal to the Supreme Court. The

27  attorney shall be compensated as provided in s. 27.5304. If

28  the attorney first appointed is unable to handle the appeal,

29  the court shall appoint another attorney and that attorney

30  shall be compensated as provided in s. 27.5304.

31  


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    CS for SB 1088                                 First Engrossed



 1         (b)  The public defender or an attorney appointed

 2  pursuant to this section may be appointed by the court

 3  rendering the judgment imposing the death penalty to represent

 4  an indigent defendant who has applied for executive clemency

 5  as relief from the execution of the judgment imposing the

 6  death penalty.

 7         (c)  When the appointed attorney in a capital case has

 8  completed the duties imposed by this section, the attorney

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

10  duties performed by the attorney and apply for discharge.

11         Section 11.  Section 27.5304, Florida Statutes, is

12  amended to read:

13         27.5304  Private court-appointed counsel;

14  compensation.--

15         (1)  Private court-appointed counsel shall be

16  compensated by the Justice Administrative Commission as

17  provided in an amount not to exceed the fee limits established

18  in this section and the General Appropriations Act. The flat

19  fees prescribed in this section are limitations on

20  compensation. The specific flat fee amounts for compensation

21  shall be established annually in the General Appropriations

22  Act. The attorney also shall be reimbursed for reasonable and

23  necessary expenses in accordance with s. 29.007. If the

24  attorney is representing a defendant charged with more than

25  one offense in the same case, the attorney shall be

26  compensated at the rate provided for the most serious offense

27  for which he or she represented the defendant. This section

28  does not allow stacking of the fee limits established by this

29  section. Private court-appointed counsel providing

30  representation under an alternative model shall enter into a

31  uniform contract with the Justice Administrative Commission


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    CS for SB 1088                                 First Engrossed



 1  and shall use the Justice Administrative Commission's uniform

 2  procedures and forms in support of billing for attorney's

 3  fees, costs, and related expenses. Failure to comply with the

 4  terms of the contract for services may result in termination

 5  of the contract.

 6         (2)  The Justice Administrative Commission shall review

 7  an intended billing by private court-appointed counsel for

 8  attorney's fees based on a flat fee per case for completeness

 9  and compliance with contractual and, statutory, and circuit

10  Article V indigent services committee requirements. The

11  commission may approve the intended bill for a flat fee per

12  case for payment without approval by the court if the intended

13  billing is correct. An intended billing that seeks

14  compensation for any amount exceeding the flat fee established

15  for a particular type of representation, as prescribed in the

16  General Appropriations Act, shall comply with subsections (11)

17  and (12). For all other intended billings, prior to filing a

18  motion for an order approving payment of attorney's fees,

19  costs, or related expenses, the private court-appointed

20  counsel shall deliver a copy of the intended billing, together

21  with supporting affidavits and all other necessary

22  documentation, to the Justice Administrative Commission. The

23  Justice Administrative Commission shall review the billings,

24  affidavit, and documentation for completeness and compliance

25  with contractual and statutory requirements. If the Justice

26  Administrative Commission objects to any portion of the

27  proposed billing, the objection and reasons therefor shall be

28  communicated to the private court-appointed counsel. The

29  private court-appointed counsel may thereafter file his or her

30  motion for order approving payment of attorney's fees, costs,

31  or related expenses together with supporting affidavits and


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    CS for SB 1088                                 First Engrossed



 1  all other necessary documentation. The motion must specify

 2  whether the Justice Administrative Commission objects to any

 3  portion of the billing or the sufficiency of documentation and

 4  shall attach the Justice Administrative Commission's letter

 5  stating its objection. The attorney shall have the burden to

 6  prove the entitlement to attorney's fees, costs, or related

 7  expenses. A copy of the motion and attachments shall be served

 8  on the Justice Administrative Commission at least 5 business

 9  days prior to the date of a hearing. The Justice

10  Administrative Commission shall have standing to appear before

11  the court to contest any motion for order approving payment of

12  attorney's fees, costs, or related expenses and may

13  participate in a hearing on the motion by use of telephonic or

14  other communication equipment unless ordered otherwise. The

15  Justice Administrative Commission may contract with other

16  public or private entities or individuals to appear before the

17  court for the purpose of contesting any motion for order

18  approving payment of attorney's fees, costs, or related

19  expenses. The fact that the Justice Administrative Commission

20  has not objected to any portion of the billing or to the

21  sufficiency of the documentation is not binding on the court.

22         (3)  The court retains primary authority and

23  responsibility for determining the reasonableness of all

24  billings for attorney's fees, costs, and related expenses,

25  subject to statutory limitations. Private court-appointed

26  counsel is entitled to compensation upon final disposition of

27  a case, except as provided in subsections (7), (8), and (10).

28         (4)  The attorney shall submit a bill for attorney's

29  fees, costs, and related expenses within 90 days after the

30  disposition of the case at the lower court level,

31  notwithstanding any appeals. The Justice Administrative


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    CS for SB 1088                                 First Engrossed



 1  Commission shall provide by contract with the attorney for

 2  imposition of a penalty of 15 percent of the allowable

 3  attorney's fees, costs, and related expenses for a bill that

 4  is submitted more than 90 days after the disposition of the

 5  case at the lower court level, notwithstanding any appeals.

 6  Before final disposition of a case, a private court-appointed

 7  counsel may file a motion for fees, costs, and related

 8  expenses for services completed up to the date of the motion

 9  in any case or matter in which legal services have been

10  provided by the attorney for more than 1 year. The amount

11  approved by the court may not exceed 80 percent of the fees

12  earned, or costs and related expenses incurred, to date, or an

13  amount proportionate to the maximum fees permitted under this

14  section based on legal services provided to date, whichever is

15  less. The court may grant the motion if counsel shows that

16  failure to grant the motion would work a particular hardship

17  upon counsel.

18         (5)(3)  The compensation for representation in a

19  criminal proceeding shall not exceed the following:

20         (a)1.  For misdemeanors and juveniles represented at

21  the trial level: $1,000.

22         2.  For noncapital, nonlife felonies represented at the

23  trial level: $2,500.

24         3.  For life felonies represented at the trial level:

25  $3,000.

26         4.  For capital cases represented at the trial level:

27  $15,000 $3,500. For purposes of this subparagraph, a "capital

28  case" is any offense for which the potential sentence is death

29  and the state has not waived seeking the death penalty.

30         5.  For representation on appeal: $2,000.

31  


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    CS for SB 1088                                 First Engrossed



 1         (b)  If a death sentence is imposed and affirmed on

 2  appeal to the Supreme Court, the appointed attorney shall be

 3  allowed compensation, not to exceed $1,000, for attorney's

 4  fees and costs incurred in representing the defendant as to an

 5  application for executive clemency, with compensation to be

 6  paid out of general revenue from funds budgeted to the

 7  Department of Corrections.

 8         (4)  By January 1 of each year, the Article V Indigent

 9  Services Advisory Board shall recommend to the Legislature any

10  adjustments to the compensation provisions of this section.

11         (6)(5)  For compensation for representation pursuant to

12  a court appointment in a proceeding under chapter 39:

13         (a)  At the trial level, compensation for

14  representation for dependency proceedings shall not exceed

15  $1,000 for the first year following the date of appointment

16  and shall not exceed $200 each year thereafter. Compensation

17  shall be paid based upon representation of a parent

18  irrespective of the number of case numbers that may be

19  assigned or the number of children involved, including any

20  children born during the pendency of the proceeding. Any

21  appeal, except for an appeal from an adjudication of

22  dependency, shall be completed by the trial attorney and is

23  considered compensated by the flat fee for dependency

24  proceedings.

25         1.  Counsel may bill the flat fee not exceeding $1,000

26  following disposition or upon dismissal of the petition.

27         2.  Counsel may bill the annual flat fee not exceeding

28  $200 following the first judicial review in the second year

29  following the date of appointment and each year thereafter as

30  long as the case remains under protective supervision.

31  


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    CS for SB 1088                                 First Engrossed



 1         3.  If the court grants a motion to reactivate

 2  protective supervision, the attorney shall receive the annual

 3  flat fee not exceeding $200 following the first judicial

 4  review and up to an additional $200 each year thereafter.

 5         4.  If, during the course of dependency proceedings, a

 6  proceeding to terminate parental rights is initiated,

 7  compensation shall be as set forth in paragraph (b). If

 8  counsel handling the dependency proceeding is not authorized

 9  to handle proceedings to terminate parental rights, the

10  counsel must withdraw and new counsel must be appointed.

11         (b)  At the trial level, compensation for

12  representation in termination of parental rights proceedings

13  shall not exceed $1,000 for the first year following the date

14  of appointment and shall not exceed $200 each year thereafter.

15  Compensation shall be paid based upon representation of a

16  parent irrespective of the number of case numbers that may be

17  assigned or the number of children involved, including any

18  children born during the pendency of the proceeding. Any

19  appeal, except for an appeal from an order granting or denying

20  termination of parental rights, shall be completed by trial

21  counsel and is considered compensated by the flat fee for

22  termination of parental rights proceedings. If the individual

23  has dependency proceedings ongoing as to other children, those

24  proceedings are considered part of the termination of parental

25  rights proceedings as long as that termination of parental

26  rights proceeding is ongoing.

27         1.  Counsel may bill the flat fee not exceeding $1,000

28  30 days after rendition of the final order. Each request for

29  payment submitted to the Justice Administrative Commission

30  must include the trial counsel's certification that:

31  


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    CS for SB 1088                                 First Engrossed



 1         a.  Counsel discussed grounds for appeal with the

 2  parent or that counsel attempted and was unable to contact the

 3  parent; and

 4         b.  No appeal will be filed or that a notice of appeal

 5  and a motion for appointment of appellate counsel, containing

 6  the signature of the parent, have been filed.

 7         2.  Counsel may bill the annual flat fee not exceeding

 8  $200 following the first judicial review in the second year

 9  after the date of appointment and each year thereafter as long

10  as the termination of parental rights proceedings are still

11  ongoing.

12         (c)  For appeals from an adjudication of dependency,

13  compensation may not exceed $1,000.

14         1.  Counsel may bill a flat fee not exceeding $750 upon

15  filing the initial brief or the granting of a motion to

16  withdraw.

17         2.  If a brief is filed, counsel may bill an additional

18  flat fee not exceeding $250 upon rendition of the mandate.

19         (d)  For an appeal from an adjudication of termination

20  of parental rights, compensation may not exceed $2,000.

21         1.  Counsel may bill a flat fee not exceeding $1,000

22  upon filing the initial brief or the granting of a motion to

23  withdraw.

24         2.  If a brief is filed, counsel may bill an additional

25  flat fee not exceeding $1,000 upon rendition of the mandate.

26  If counsel is entitled to receive compensation for

27  representation pursuant to court appointment in a termination

28  of parental rights proceeding under chapter 39, such

29  compensation shall not exceed $1,000 at the trial level and

30  $2,500 at the appellate level.

31  


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    CS for SB 1088                                 First Engrossed



 1         (7)(b)  Counsel entitled to receive compensation from

 2  the state for representation pursuant to court appointment in

 3  a proceeding under chapter 384, chapter 390, or chapter 392,

 4  chapter 393, chapter 394, chapter 397, chapter 415, chapter

 5  743, chapter 744, or chapter 984 shall receive reasonable

 6  compensation not to exceed the limits prescribed in the

 7  General Appropriations Act as fixed by the court making the

 8  appointment.

 9         (8)(6)  A private attorney appointed in lieu of the

10  public defender or the criminal conflict and civil regional

11  counsel to represent an indigent defendant may not reassign or

12  subcontract the case to another attorney or allow another

13  attorney to appear at a critical stage of a case who is not on

14  the registry developed under s. 27.40.

15         (7)  Private court-appointed counsel representing a

16  parent in a dependency case that is open may submit a request

17  for payment to the Justice Administrative Commission at the

18  following intervals:

19         (a)  Upon entry of an order of disposition as to the

20  parent being represented.

21         (b)  Upon conclusion of a 12-month permanency review.

22         (c)  Following a judicial review hearing.

23  

24  In no case, however, may counsel submit requests under this

25  subsection more than once per quarter, unless the court finds

26  extraordinary circumstances justifying more frequent

27  submission of payment requests.

28         (9)(8)  Private court-appointed counsel representing an

29  individual in an appeal to a district court of appeal or the

30  Supreme Court may submit a request for payment to the Justice

31  Administrative Commission at the following intervals:


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    CS for SB 1088                                 First Engrossed



 1         (a)  Upon the filing of an appellate brief, including,

 2  but not limited to, a reply brief.

 3         (b)  When the opinion of the appellate court is

 4  finalized.

 5         (10)(9)  Private court-appointed counsel may not bill

 6  for preparation of invoices whether or not the case is paid on

 7  the basis of an hourly rate or by flat fee.

 8         (10)  The Justice Administrative Commission shall

 9  develop a schedule to provide partial payment of criminal

10  attorney fees for cases that are not resolved within 6 months.

11  The schedule must provide that the aggregate payments shall

12  not exceed limits established by law. Any partial payment made

13  pursuant to this subsection shall not exceed the actual value

14  of services provided to date. Any partial payment shall be

15  proportionate to the value of services provided based on

16  payment rates included in the contract, not to exceed any

17  limit provided by law.

18         (11)  It is the intent of the Legislature that the flat

19  fees prescribed under this section and the General

20  Appropriations Act comprise the full and complete compensation

21  for private court-appointed counsel. It is further the intent

22  of the Legislature that the fees in this section are

23  prescribed for the purpose of providing counsel with notice of

24  the limit on the amount of compensation for representation in

25  particular proceedings.

26         (a)  If court-appointed counsel moves to withdraw prior

27  to the full performance of his or her duties through the

28  completion of the case, the court shall presume that the

29  attorney is not entitled to the payment of the full flat fee

30  established under this section and the General Appropriations

31  Act.


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    CS for SB 1088                                 First Engrossed



 1         (b)  If court-appointed counsel is allowed to withdraw

 2  from representation prior to the full performance of his or

 3  her duties through the completion of the case and the court

 4  appoints a subsequent attorney, the total compensation for the

 5  initial and any and all subsequent attorneys may not exceed

 6  the flat fee established under this section and the General

 7  Appropriations Act, except as provided in subsection (12).

 8  

 9  This subsection constitutes notice to any subsequently

10  appointed attorney that he or she will not be compensated the

11  full flat fee.

12         (12)  The Legislature recognizes that on rare occasions

13  an attorney may receive a case that requires extraordinary and

14  unusual effort.

15         (a)  If counsel seeks compensation that exceeds the

16  limits prescribed under this section and the General

17  Appropriations Act, he or she must file a motion with the

18  chief judge for an order approving payment of attorney's fees

19  in excess of these limits.

20         1.  Prior to filing the motion, the counsel shall

21  deliver a copy of the intended billing, together with

22  supporting affidavits and all other necessary documentation,

23  to the Justice Administrative Commission.

24         2.  The Justice Administrative Commission shall review

25  the billings, affidavit, and documentation for completeness

26  and compliance with contractual and statutory requirements. If

27  the Justice Administrative Commission objects to any portion

28  of the proposed billing, the objection and reasons therefor

29  shall be communicated in writing to the private

30  court-appointed counsel. The counsel may thereafter file his

31  or her motion, which must specify whether the commission


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    CS for SB 1088                                 First Engrossed



 1  objects to any portion of the billing or the sufficiency of

 2  documentation, and shall attach the commission's letter

 3  stating its objection.

 4         (b)  Following receipt of the motion to exceed the fee

 5  limits, the chief judge or a designee shall hold an

 6  evidentiary hearing.

 7         1.  At the hearing, the attorney seeking compensation

 8  must prove by competent and substantial evidence that the case

 9  required extraordinary and unusual efforts. The chief judge or

10  designee shall consider criteria such as the number of

11  witnesses, the complexity of the factual and legal issues, and

12  the length of trial. The fact that a trial was conducted in a

13  case does not, by itself, constitute competent substantial

14  evidence of an extraordinary and unusual effort. In a criminal

15  case, relief under this section may not be granted if the

16  number of work hours does not exceed 75 or the number of the

17  state's witnesses deposed does not exceed 20.

18         2.  The chief judge or designee shall enter a written

19  order detailing his or her findings and identifying the

20  extraordinary nature of the time and efforts of the attorney

21  in the case which warrant exceeding the flat fee established

22  by this section and the General Appropriations Act.

23         (c)  A copy of the motion and attachments shall be

24  served on the Justice Administrative Commission at least 5

25  business days prior to the date of a hearing. The Justice

26  Administrative Commission shall have standing to appear before

27  the court, including at the hearing under paragraph (b), to

28  contest any motion for an order approving payment of

29  attorney's fees, costs, or related expenses and may

30  participate in a hearing on the motion by use of telephonic or

31  other communication equipment unless ordered otherwise. The


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    CS for SB 1088                                 First Engrossed



 1  Justice Administrative Commission may contract with other

 2  public or private entities or individuals to appear before the

 3  court for the purpose of contesting any motion for an order

 4  approving payment of attorney's fees, costs, or related

 5  expenses. The fact that the Justice Administrative Commission

 6  has not objected to any portion of the billing or to the

 7  sufficiency of the documentation is not binding on the court.

 8         (d)  If the chief judge or designee finds that counsel

 9  has proved by competent and substantial evidence that the case

10  required extraordinary and unusual efforts, the chief judge or

11  designee shall order the compensation to be paid to the

12  attorney at a percentage above the flat fee rate, depending on

13  the extent of the unusual and extraordinary effort required.

14  The percentage shall be only the rate necessary to ensure that

15  the fees paid are not confiscatory under common law. The

16  percentage may not exceed 200 percent of the established flat

17  fee, absent a specific finding that 200 percent of the flat

18  fee in the case would be confiscatory. If the chief judge or

19  designee determines that 200 percent of the flat fee would be

20  confiscatory, he or she shall order the amount of compensation

21  using an hourly rate not to exceed $75 per hour for a

22  noncapital case and $100 per hour for a capital case. However,

23  the compensation calculated by using the hourly rate shall be

24  only that amount necessary to ensure that the total fees paid

25  are not confiscatory.

26         (e)  Any order granting relief under this subsection

27  must be attached to the final request for a payment submitted

28  to the Justice Administrative Commission.

29         (f)  The Justice Administrative Commission shall

30  provide to the Office of the State Courts Administrator data

31  concerning the number of cases approved for compensation in


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    CS for SB 1088                                 First Engrossed



 1  excess of the limitation and the amount of these awards by

 2  circuit and by judge. The Office of the State Courts

 3  Administrator shall report the data quarterly to the President

 4  of the Senate, the Speaker of the House of Representatives,

 5  the Chief Justice of the Supreme Court, and the chief judge of

 6  each circuit.

 7         Section 12.  Effective July 1, 2007, section 27.54,

 8  Florida Statutes, is amended to read:

 9         27.54  Limitation on payment of expenditures for public

10  defender's office other than by the state.--

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

12  and the criminal conflict and civil regional counsel and for

13  the necessary expenses of office, including salaries of

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

15  public purpose. Travel expenses shall be paid in accordance

16  with the provisions of s. 112.061.

17         (2)  A county or municipality may contract with, or

18  appropriate or contribute funds to, the operation of the

19  offices of the various public defenders and regional counsel

20  as provided in this subsection. A public defender or regional

21  counsel defending violations of special laws or county or

22  municipal ordinances punishable by incarceration and not

23  ancillary to a state charge shall contract with counties and

24  municipalities to recover the full cost of services rendered

25  on an hourly basis or reimburse the state for the full cost of

26  assigning one or more full-time equivalent attorney positions

27  to work on behalf of the county or municipality.

28  Notwithstanding any other provision of law, in the case of a

29  county with a population of less than 75,000, the public

30  defender or regional counsel shall contract for full

31  reimbursement, or for reimbursement as the parties otherwise


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    CS for SB 1088                                 First Engrossed



 1  agree. In local ordinance violation cases, the county or

 2  municipality shall pay for due process services that are

 3  approved by the court, including deposition costs, deposition

 4  transcript costs, investigative costs, witness fees, expert

 5  witness costs, and interpreter costs. The person charged with

 6  the violation shall be assessed a fee for the services of a

 7  public defender or regional counsel and other costs and fees

 8  paid by the county or municipality, which assessed fee may be

 9  reduced to a lien, in all instances in which the person enters

10  a plea of guilty or no contest or is found to be in violation

11  or guilty of any count or lesser included offense of the

12  charge or companion case charges, regardless of adjudication.

13  The court shall determine the amount of the obligation. The

14  county or municipality may recover assessed fees through

15  collections court or as otherwise permitted by law, and any

16  fees recovered pursuant to this section shall be forwarded to

17  the applicable county or municipality as reimbursement.

18         (a)  A contract for reimbursement on an hourly basis

19  shall require a county or municipality to reimburse the public

20  defender or regional counsel for services rendered at a rate

21  of $50 per hour. If an hourly rate is specified in the General

22  Appropriations Act, that rate shall control.

23         (b)  A contract for assigning one or more full-time

24  equivalent attorney positions to perform work on behalf of the

25  county or municipality shall assign one or more full-time

26  equivalent positions based on estimates by the public defender

27  or regional counsel of the number of hours required to handle

28  the projected workload. The full cost of each full-time

29  equivalent attorney position on an annual basis shall be $50,

30  or the amount specified in the General Appropriations Act,

31  multiplied by the legislative budget request standard for


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    CS for SB 1088                                 First Engrossed



 1  available work hours for one full-time equivalent attorney

 2  position, or, in the absence of that standard, 1,854 hours.

 3  The contract may provide for funding full-time equivalent

 4  positions in one-quarter increments.

 5         (c)  Any payments received pursuant to this subsection

 6  shall be deposited into the Grants and Donations Trust Fund

 7  within the Justice Administrative Commission for appropriation

 8  by the Legislature.

 9         (3)  No public defender, or assistant public defender,

10  regional counsel, or assistant regional counsel shall receive

11  from any county or municipality any supplemental salary,

12  except as provided in this section.

13         (4)  Unless expressly authorized by law or in the

14  General Appropriations Act, public defenders and regional

15  counsel are prohibited from spending state-appropriated funds

16  on county funding obligations under s. 14, Art. V of the State

17  Constitution beginning January 1, 2005. This includes

18  expenditures on communications services and facilities as

19  defined in s. 29.008. This does not prohibit a public defender

20  from spending funds for these purposes in exceptional

21  circumstances when necessary to maintain operational

22  continuity in the form of a short-term advance pending

23  reimbursement from the county. If a public defender or

24  regional counsel provides short-term advance funding for a

25  county responsibility as authorized by this subsection, the

26  public defender or regional counsel shall request full

27  reimbursement from the board of county commissioners prior to

28  making the expenditure or at the next meeting of the board of

29  county commissioners after the expenditure is made. The total

30  of all short-term advances authorized by this subsection shall

31  not exceed 2 percent of the public defender's or regional


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    CS for SB 1088                                 First Engrossed



 1  counsel's approved operating budget in any given year. No

 2  short-term advances authorized by this subsection shall be

 3  permitted until all reimbursements arising from advance

 4  funding in the prior state fiscal year have been received by

 5  the public defender or regional counsel. All reimbursement

 6  payments received by the public defender or regional counsel

 7  shall be deposited into the General Revenue Fund.

 8  Notwithstanding the provisions of this subsection, the public

 9  defender or regional counsel may expend funds for the purchase

10  of computer systems, including associated hardware and

11  software, and for personnel related to this function.

12         Section 13.  Effective October 1, 2007, section 27.59,

13  Florida Statutes, is amended to read:

14         27.59  Access to prisoners.--The public defenders, and

15  assistant public defenders, criminal conflict and civil

16  regional counsel, and assistant regional counsel shall be

17  empowered to inquire of all persons who are incarcerated in

18  lieu of bond and to tender them advice and counsel at any

19  time, but the provisions of this section shall not apply with

20  respect to persons who have engaged private counsel.

21         Section 14.  Effective October 1, 2007, section 28.24,

22  Florida Statutes, is amended to read:

23         28.24  Service charges by clerk of the circuit

24  court.--The clerk of the circuit court shall charge for

25  services rendered by the clerk's office in recording documents

26  and instruments and in performing the duties enumerated in

27  amounts not to exceed those specified in this section.

28  Notwithstanding any other provision of this section, the clerk

29  of the circuit court shall provide without charge to the state

30  attorney, public defender, guardian ad litem, public guardian,

31  attorney ad litem, criminal conflict and civil regional


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    CS for SB 1088                                 First Engrossed



 1  counsel, and private court-appointed counsel paid by the

 2  state, and to the authorized staff acting on behalf of each,

 3  access to and a copy of any public record, if the requesting

 4  party is entitled by law to view the exempt or confidential

 5  record, as maintained by and in the custody of the clerk of

 6  the circuit court as provided in general law and the Florida

 7  Rules of Judicial Administration. The clerk of the circuit

 8  court may provide the requested public record in an electronic

 9  format in lieu of a paper format when capable of being

10  accessed by the requesting entity.

11  

12                                                         Charges

13  

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

15  and certifying transcripts of record in appellate proceedings,

16  prepared by attorney for appellant or someone else other than

17  clerk per page............................................4.50

18         (2)  For preparing, numbering, and indexing an original

19  record of appellate proceedings, per instrument...........3.00

20         (3)  For certifying copies of any instrument in the

21  public records............................................1.50

22         (4)  For verifying any instrument presented for

23  certification prepared by someone other than clerk, per page

24  ..........................................................3.00

25         (5)(a)  For making copies by photographic process of

26  any instrument in the public records consisting of pages of

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

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

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

30  1/2  inches, per page.....................................5.00

31         (6)  For making microfilm copies of any public records:


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    CS for SB 1088                                 First Engrossed



 1         (a)  16 mm 100' microfilm roll....................37.50

 2         (b)  35 mm 100' microfilm roll....................52.50

 3         (c)  Microfiche, per fiche.........................3.00

 4         (7)  For copying any instrument in the public records

 5  by other than photographic process, per page..............6.00

 6         (8)  For writing any paper other than herein

 7  specifically mentioned, same as for copying, including signing

 8  and sealing...............................................6.00

 9         (9)  For indexing each entry not recorded..........1.00

10         (10)  For receiving money into the registry of court:

11         (a)1.  First $500, percent............................3

12         2.  Each subsequent $100, percent...................1.5

13         (b)  Eminent domain actions, per deposit........$150.00

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

15  and for recording condominium exhibits larger than 14 inches

16  by 8 1/2  inches:

17         (a)  First page...................................30.00

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

19         (12)  For recording, indexing, and filing any

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

21  required notice to property appraiser where applicable:

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

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

24         (c)  For indexing instruments recorded in the official

25  records which contain more than four names, per additional

26  name......................................................1.00

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

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

29  Records Modernization Trust Fund for each instrument listed in

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

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


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    CS for SB 1088                                 First Engrossed



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

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

 3  

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

 5  exclusively for equipment and maintenance of equipment,

 6  personnel training, and technical assistance in modernizing

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

 8  duty of maintaining official records exists in an office other

 9  than the office of the clerk of the circuit court, the clerk

10  of the circuit court is entitled to 25 percent of the moneys

11  deposited into the trust fund for equipment, maintenance of

12  equipment, training, and technical assistance in modernizing

13  the system for storing records in the office of the clerk of

14  the circuit court. The fund may not be used for the payment of

15  travel expenses, membership dues, bank charges,

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

17  construction costs, general operating expenses, or other costs

18  not directly related to obtaining and maintaining equipment

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

20  office supplies and equipment not related to the storage of

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

22  December 1 of each year immediately preceding each year during

23  which the trust fund is scheduled for legislative review under

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

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

26  Modernization Trust Fund with the President of the Senate and

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

28  itemize each expenditure made from the trust fund since the

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

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

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


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    CS for SB 1088                                 First Engrossed



 1  personnel training, and technical assistance. The report must

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

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

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

 5  fund.

 6         (e)  An additional service charge of $4 per page shall

 7  be paid to the clerk of the circuit court for each instrument

 8  listed in s. 28.222, except judgments received from the courts

 9  and notices of lis pendens, recorded in the official records.

10  From the additional $4 service charge collected:

11         1.  If the counties maintain legal responsibility for

12  the costs of the court-related technology needs as defined in

13  s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to

14  the Florida Association of Court Clerks and Comptroller, Inc.,

15  for the cost of development, implementation, operation, and

16  maintenance of the clerks' Comprehensive Case Information

17  System, in which system all clerks shall participate on or

18  before January 1, 2006; $1.90 shall be retained by the clerk

19  to be deposited in the Public Records Modernization Trust Fund

20  and used exclusively for funding court-related technology

21  needs of the clerk as defined in s. 29.008(1)(f)2. and (h);

22  and $2 shall be distributed to the board of county

23  commissioners to be used exclusively to fund court-related

24  technology, and court technology needs as defined in s.

25  29.008(1)(f)2. and (h) for the state trial courts, state

26  attorney, and public defender, and criminal conflict and civil

27  regional counsel in that county. If the counties maintain

28  legal responsibility for the costs of the court-related

29  technology needs as defined in s. 29.008(1)(f)2. and (h),

30  notwithstanding any other provision of law, the county is not

31  required to provide additional funding beyond that provided


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    CS for SB 1088                                 First Engrossed



 1  herein for the court-related technology needs of the clerk as

 2  defined in s. 29.008(1)(f)2. and (h). All court records and

 3  official records are the property of the State of Florida,

 4  including any records generated as part of the Comprehensive

 5  Case Information System funded pursuant to this paragraph and

 6  the clerk of court is designated as the custodian of such

 7  records, except in a county where the duty of maintaining

 8  official records exists in a county office other than the

 9  clerk of court or comptroller, such county office is

10  designated the custodian of all official records, and the

11  clerk of court is designated the custodian of all court

12  records. The clerk of court or any entity acting on behalf of

13  the clerk of court, including an association, shall not charge

14  a fee to any agency as defined in s. 119.011, the Legislature,

15  or the State Court System for copies of records generated by

16  the Comprehensive Case Information System or held by the clerk

17  of court or any entity acting on behalf of the clerk of court,

18  including an association.

19         2.  If the state becomes legally responsible for the

20  costs of court-related technology needs as defined in s.

21  29.008(1)(f)2. and (h), whether by operation of general law or

22  by court order, $4 shall be remitted to the Department of

23  Revenue for deposit into the General Revenue Fund.

24         (13)  Oath, administering, attesting, and sealing, not

25  otherwise provided for herein.............................3.00

26         (14)  For validating certificates, any authorized

27  bonds, each...............................................3.00

28         (15)  For preparing affidavit of domicile..........5.00

29         (16)  For exemplified certificates, including signing

30  and sealing...............................................6.00

31  


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    CS for SB 1088                                 First Engrossed



 1         (17)  For authenticated certificates, including signing

 2  and sealing...............................................6.00

 3         (18)(a)  For issuing and filing a subpoena for a

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

 5  preparing, signing, and sealing)..........................6.00

 6         (b)  For signing and sealing only..................1.50

 7         (19)  For approving bond...........................7.50

 8         (20)  For searching of records, for each year's search

 9  ..........................................................1.50

10         (21)  For processing an application for a tax deed sale

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

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

13  proceeds.................................................60.00

14         (22)  For disbursement of excess proceeds of tax deed

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

16         (23)  Upon receipt of an application for a marriage

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

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

19  a certified copy.........................................30.00

20         (24)  For solemnizing matrimony...................30.00

21         (25)  For sealing any court file or expungement of any

22  record...................................................37.50

23         (26)(a)  For receiving and disbursing all restitution

24  payments, per payment.....................................3.00

25         (b)  For receiving and disbursing all partial payments,

26  other than restitution payments, for which an administrative

27  processing service charge is not imposed pursuant to s.

28  28.246, per month.........................................5.00

29         (c)  For setting up a payment plan, a one-time

30  administrative processing charge in lieu of a per month charge

31  under paragraph (b)......................................25.00


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    CS for SB 1088                                 First Engrossed



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

 2  circuit court in any mailing by certified or registered mail

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

 4  made.

 5         (28)  For furnishing an electronic copy of information

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

 7  chapter 119.

 8         Section 15.  Effective October 1, 2007, section 28.345,

 9  Florida Statutes, is amended to read:

10         28.345  Exemption from court-related fees and

11  charges.--Notwithstanding any other provision of this chapter

12  or law to the contrary, judges and those court staff acting on

13  behalf of judges, state attorneys, guardians ad litem, public

14  guardians, attorneys ad litem, court-appointed private

15  counsel, criminal conflict and civil regional counsel, and

16  public defenders, acting in their official capacity, and state

17  agencies, are exempt from all court-related fees and charges

18  assessed by the clerks of the circuit courts.

19         Section 16.  Effective July 1, 2007, section 29.001,

20  Florida Statutes, is amended to read:

21         29.001  State courts system elements and definitions.--

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

23  the State Constitution, the state courts system is defined to

24  include the enumerated elements of the Supreme Court, district

25  courts of appeal, circuit courts, county courts, and certain

26  supports thereto. The offices of public defenders and state

27  attorneys are defined to include the enumerated elements of

28  the 20 state attorneys' offices and the enumerated elements of

29  the 20 public defenders' offices and five offices of criminal

30  conflict and civil regional counsel. Court-appointed counsel

31  are defined to include the enumerated elements for counsel


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    CS for SB 1088                                 First Engrossed



 1  appointed to ensure due process in criminal and civil

 2  proceedings in accordance with state and federal

 3  constitutional guarantees. Funding for the state courts

 4  system, the state attorneys' offices, the public defenders'

 5  offices, the offices of criminal conflict and civil regional

 6  counsel, and other court-appointed counsel shall be provided

 7  from state revenues appropriated by general law.

 8         (2)  Although a program or function currently may be

 9  funded by the state or prescribed or established in general

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

11  element of the state courts system, state attorneys' offices,

12  public defenders' offices, or the offices of the circuit and

13  county court clerks performing court-related functions as

14  described in s. 14, Art. V of the State Constitution.

15         Section 17.  Effective July 1, 2007, section 29.006,

16  Florida Statutes, is amended to read:

17         29.006  Public defenders and Indigent defense

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

19  State Constitution, the elements of the public defenders'

20  offices and criminal conflict and civil regional counsel

21  offices to be provided from state revenues appropriated by

22  general law are as follows:

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

24  assistant public defenders and other staff as determined by

25  general law. The regional counsel of each judicial district,

26  the assistant regional counsel, and other staff as determined

27  by general law.

28         (2)  Reasonable court reporting and transcription

29  services necessary to meet constitutional or statutory

30  requirements, including the cost of transcribing and copying

31  


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    CS for SB 1088                                 First Engrossed



 1  depositions of witnesses and the cost of foreign language and

 2  sign-language interpreters and translators.

 3         (3)  Witnesses, including expert witnesses, summoned to

 4  appear for an investigation, preliminary hearing, or trial in

 5  a case when the witnesses are summoned on behalf of an

 6  indigent defendant, and any other expert witnesses required in

 7  a court hearing by law or whomever the public defender or

 8  regional counsel deems necessary for the performance of his or

 9  her duties.

10         (4)  Mental health professionals appointed pursuant to

11  s. 394.473 and required in a court hearing involving an

12  indigent, and mental health professionals appointed pursuant

13  to s. 916.115(2) and required in a court hearing involving an

14  indigent.

15         (5)  Reasonable transportation services in the

16  performance of constitutional and statutory responsibilities.

17  Motor vehicles owned by counties and provided exclusively to

18  public defenders as of July 1, 2003, and any additional

19  vehicles owned by the counties and provided exclusively to

20  public defenders during fiscal year 2003-2004 shall be

21  transferred by title to the state effective July 1, 2004.

22         (6)  Travel expenses reimbursable under s. 112.061

23  reasonably necessary in the performance of constitutional and

24  statutory responsibilities.

25         (7)  Reasonable library and electronic legal research

26  services, other than a public law library.

27         (8)  Reasonable pretrial consultation fees and costs.

28         Section 18.  Effective October 1, 2007, section 29.007,

29  Florida Statutes, is amended to read:

30         29.007  Court-appointed counsel.--For purposes of

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


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    CS for SB 1088                                 First Engrossed



 1  elements of court-appointed counsel to be provided from state

 2  revenues appropriated by general law are as follows:

 3         (1)  Private attorneys appointed by the court to handle

 4  cases where the defendant is indigent and cannot be

 5  represented by the public defender or the office of criminal

 6  conflict and civil regional counsel under ss. 27.42 and 27.53.

 7         (2)  When the office of criminal conflict and civil

 8  regional counsel has a conflict of interest, private attorneys

 9  appointed by the court to represent indigents or other classes

10  of litigants in civil proceedings requiring court-appointed

11  counsel in accordance with state and federal constitutional

12  guarantees and federal and state statutes.

13         (3)  Reasonable court reporting and transcription

14  services necessary to meet constitutional or statutory

15  requirements, including the cost of transcribing and copying

16  depositions of witnesses and the cost of foreign language and

17  sign-language interpreters and translators.

18         (4)  Witnesses, including expert witnesses, summoned to

19  appear for an investigation, preliminary hearing, or trial in

20  a case when the witnesses are summoned on behalf of an

21  indigent, and any other expert witnesses approved by the

22  court.

23         (5)  Mental health professionals appointed pursuant to

24  s. 394.473 and required in a court hearing involving an

25  indigent, mental health professionals appointed pursuant to s.

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

27  indigent, and any other mental health professionals required

28  by law for the full adjudication of any civil case involving

29  an indigent person.

30         (6)  Reasonable pretrial consultation fees and costs.

31  


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    CS for SB 1088                                 First Engrossed



 1         (7)  Travel expenses reimbursable under s. 112.061

 2  reasonably necessary in the performance of constitutional and

 3  statutory responsibilities.

 4  

 5  Subsections (3), (4), (5), (6), and (7) apply when

 6  court-appointed counsel is appointed; when the court

 7  determines that the litigant is indigent for costs; or when

 8  the litigant is acting pro se and the court determines that

 9  the litigant is indigent for costs at the trial or appellate

10  level. This section applies in any situation in which the

11  court appoints counsel to protect a litigant's due process

12  rights. The Justice Administrative Commission shall approve

13  uniform contract forms for use in processing payments for due

14  process services under this section. In each case in which a

15  private attorney represents a person determined by the court

16  to be indigent for costs, the attorney shall execute the

17  commission's contract for private attorneys representing

18  persons determined to be indigent for costs.

19         Section 19.  Effective July 1, 2007, subsections (1)

20  and (2) of section 29.008, Florida Statutes, are amended to

21  read:

22         29.008  County funding of court-related functions.--

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

24  State Constitution to fund the cost of communications

25  services, existing radio systems, existing multiagency

26  criminal justice information systems, and the cost of

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

28  facilities for the circuit and county courts, public

29  defenders' offices, state attorneys' offices, guardian ad

30  litem offices, and the offices of the clerks of the circuit

31  and county courts performing court-related functions. For


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    CS for SB 1088                                 First Engrossed



 1  purposes of this section, the term "circuit and county courts"

 2  includes shall include the offices and staffing of the

 3  guardian ad litem programs, and the term "public defenders'

 4  offices" includes the offices of criminal conflict and civil

 5  regional counsel. The county designated under s. 35.05(1) as

 6  the headquarters for each appellate district shall fund these

 7  costs for the appellate division of the public defender's

 8  office in that county. For purposes of implementing these

 9  requirements, the term:

10         (a)  "Facility" means reasonable and necessary

11  buildings and office space and appurtenant equipment and

12  furnishings, structures, real estate, easements, and related

13  interests in real estate, including, but not limited to, those

14  for the purpose of housing legal materials for use by the

15  general public and personnel, equipment, or functions of the

16  circuit or county courts, public defenders' offices, state

17  attorneys' offices, and court-related functions of the office

18  of the clerks of the circuit and county courts and all

19  storage. The term "facility" includes all wiring necessary for

20  court reporting services. The term also includes access to

21  parking for such facilities in connection with such

22  court-related functions that may be available free or from a

23  private provider or a local government for a fee. The office

24  space provided by a county may not be less than the standards

25  for space allotment adopted by the Department of Management

26  Services, except this requirement applies only to facilities

27  that are leased, or on which construction commences, after

28  June 30, 2003. County funding must include physical

29  modifications and improvements to all facilities as are

30  required for compliance with the Americans with Disabilities

31  Act. Upon mutual agreement of a county and the affected entity


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    CS for SB 1088                                 First Engrossed



 1  in this paragraph, the office space provided by the county may

 2  vary from the standards for space allotment adopted by the

 3  Department of Management Services.

 4         1.  As of July 1, 2005, equipment and furnishings shall

 5  be limited to that appropriate and customary for courtrooms,

 6  hearing rooms, jury facilities, and other public areas in

 7  courthouses and any other facility occupied by the courts,

 8  state attorneys, and public defenders, guardians ad litem, and

 9  criminal conflict and civil regional counsel. Court reporting

10  equipment in these areas or facilities is not a responsibility

11  of the county.

12         2.  Equipment and furnishings under this paragraph in

13  existence and owned by counties on July 1, 2005, except for

14  that in the possession of the clerks, for areas other than

15  courtrooms, hearing rooms, jury facilities, and other public

16  areas in courthouses and any other facility occupied by the

17  courts, state attorneys, and public defenders, shall be

18  transferred to the state at no charge. This provision does not

19  apply to any communication services as defined in paragraph

20  (f).

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

22  limited to, all reasonable and necessary costs of the

23  acquisition or lease of facilities for all judicial officers,

24  staff, jurors, volunteers of a tenant agency, and the public

25  for the circuit and county courts, the public defenders'

26  offices, state attorneys' offices, and for performing the

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

28  circuit and county courts. This includes expenses related to

29  financing such facilities and the existing and future cost and

30  bonded indebtedness associated with placing the facilities in

31  use.


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    CS for SB 1088                                 First Engrossed



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

 2  reasonable and necessary costs of custodial and groundskeeping

 3  services and renovation and reconstruction as needed to

 4  accommodate functions for the circuit and county courts, the

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

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

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

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

 9  intended.

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

11  light, heat, and power; natural or manufactured gas services

12  for light, heat, and power; water and wastewater services and

13  systems, stormwater or runoff services and systems, sewer

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

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

16  the mitigation of environmental impacts directly related to

17  the facility.

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

19  reasonable and necessary costs of services of law enforcement

20  officers or licensed security guards and all electronic,

21  cellular, or digital monitoring and screening devices

22  necessary to ensure the safety and security of all persons

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

24  the facility, including protection of property owned by the

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

26  any facility. This includes bailiffs while providing courtroom

27  and other security for each judge and other quasi-judicial

28  officers.

29         (f)  "Communications services" are defined as any

30  reasonable and necessary transmission, emission, and reception

31  of signs, signals, writings, images, and sounds of


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    CS for SB 1088                                 First Engrossed



 1  intelligence of any nature by wire, radio, optical, audio

 2  equipment, or other electromagnetic systems and includes all

 3  facilities and equipment owned, leased, or used by judges,

 4  clerks, public defenders, state attorneys, guardians ad litem,

 5  criminal conflict and civil regional counsel, and all staff of

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

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

 8  courts performing court-related functions. Such system or

 9  services shall include, but not be limited to:

10         1.  Telephone system infrastructure, including computer

11  lines, telephone switching equipment, and maintenance, and

12  facsimile equipment, wireless communications, cellular

13  telephones, pagers, and video teleconferencing equipment and

14  line charges. Each county shall continue to provide access to

15  a local carrier for local and long distance service and shall

16  pay toll charges for local and long distance service.

17         2.  All computer networks, systems and equipment,

18  including computer hardware and software, modems, printers,

19  wiring, network connections, maintenance, support staff or

20  services including any county-funded support staff located in

21  the offices of the circuit court, county courts, state

22  attorneys, and public defenders, guardians ad litem, and

23  criminal conflict and civil regional counsel; training,

24  supplies, and line charges necessary for an integrated

25  computer system to support the operations and management of

26  the state courts system, the offices of the public defenders,

27  the offices of the state attorneys, the guardian ad litem

28  offices, the offices of criminal conflict and civil regional

29  counsel, and the offices of the clerks of the circuit and

30  county courts; and the capability to connect those entities

31  and reporting data to the state as required for the


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    CS for SB 1088                                 First Engrossed



 1  transmission of revenue, performance accountability, case

 2  management, data collection, budgeting, and auditing purposes.

 3  The integrated computer system shall be operational by July 1,

 4  2006, and, at a minimum, permit the exchange of financial,

 5  performance accountability, case management, case disposition,

 6  and other data across multiple state and county information

 7  systems involving multiple users at both the state level and

 8  within each judicial circuit and be able to electronically

 9  exchange judicial case background data, sentencing

10  scoresheets, and video evidence information stored in

11  integrated case management systems over secure networks. Once

12  the integrated system becomes operational, counties may reject

13  requests to purchase communication services included in this

14  subparagraph not in compliance with standards, protocols, or

15  processes adopted by the board established pursuant to s.

16  29.0086.

17         3.  Courier messenger and subpoena services.

18         4.  Auxiliary aids and services for qualified

19  individuals with a disability which are necessary to ensure

20  access to the courts. Such auxiliary aids and services

21  include, but are not limited to, sign language interpretation

22  services required under the federal Americans with

23  Disabilities Act other than services required to satisfy

24  due-process requirements and identified as a state funding

25  responsibility pursuant to ss. 29.004, 29.005, 29.006, and

26  29.007, real-time transcription services for individuals who

27  are hearing impaired, and assistive listening devices and the

28  equipment necessary to implement such accommodations.

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

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

31  circuit and county courts, the offices of the public


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    CS for SB 1088                                 First Engrossed



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

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

 3  circuit and county courts. This includes radio systems that

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

 5  1998, to Art. V of the State Constitution was adopted and any

 6  enhancements made thereafter, the maintenance of those

 7  systems, and the personnel and supplies necessary for

 8  operation.

 9         (h)  "Existing multiagency criminal justice information

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

11  the multiagency criminal justice information system as defined

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

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

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

15  circuit and county courts performing court-related functions

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

17  those entities. This includes upgrades and maintenance of the

18  current equipment, maintenance and upgrades of supporting

19  technology infrastructure and associated staff, and services

20  and expenses to assure continued information sharing and

21  reporting of information to the state. The counties shall also

22  provide additional information technology services, hardware,

23  and software as needed for new judges and staff of the state

24  courts system, state attorneys' offices, public defenders'

25  offices, guardian ad litem offices, and the offices of the

26  clerks of the circuit and county courts performing

27  court-related functions.

28         (2)  Counties shall pay reasonable and necessary

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

30  including associated staff and expenses, to meet local

31  requirements.


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    CS for SB 1088                                 First Engrossed



 1         (a)  Local requirements are those specialized programs,

 2  nonjudicial staff, and other expenses associated with

 3  specialized court programs, specialized prosecution needs,

 4  specialized defense needs, or resources required of a local

 5  jurisdiction as a result of special factors or circumstances.

 6  Local requirements exist:

 7         1.  When imposed pursuant to an express statutory

 8  directive, based on such factors as provided in paragraph (b);

 9  or

10         2.  When:

11         a.  The county has enacted an ordinance, adopted a

12  local program, or funded activities with a financial or

13  operational impact on the circuit or a county within the

14  circuit; or

15         b.  Circumstances in a given circuit or county result

16  in or necessitate implementation of specialized programs, the

17  provision of nonjudicial staff and expenses to specialized

18  court programs, special prosecution needs, specialized defense

19  needs, or the commitment of resources to the court's

20  jurisdiction.

21         (b)  Factors and circumstances resulting in the

22  establishment of a local requirement include, but are not

23  limited to:

24         1.  Geographic factors;

25         2.  Demographic factors;

26         3.  Labor market forces;

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

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

29  cases.

30         (c)  Local requirements under subparagraph (a)2. must

31  be determined by the following method:


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    CS for SB 1088                                 First Engrossed



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

 2  the state attorney, and the public defender, and the criminal

 3  conflict and civil regional counsel only on matters that

 4  impact their offices, shall identify all local requirements

 5  within the circuit or within each county in the circuit and

 6  shall identify the reasonable and necessary salaries, costs,

 7  and expenses to meet these local requirements.

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

 9  shall submit to the board of county commissioners a tentative

10  budget request for local requirements for the ensuing fiscal

11  year. The tentative budget must certify a listing of all local

12  requirements and the reasonable and necessary salaries, costs,

13  and expenses for each local requirement. The board of county

14  commissioners may, by resolution, require the certification to

15  be submitted earlier.

16         3.  The board of county commissioners shall thereafter

17  treat the certification in accordance with the county's

18  budgetary procedures. A board of county commissioners may:

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

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

21  expenses under this section;

22         b.  Require a county finance officer to conduct a

23  preaudit review of any county funds provided under this

24  section prior to disbursement;

25         c.  Require review or audit of funds expended under

26  this section by the appropriate county office; and

27         d.  Provide additional financial support for the courts

28  system, state attorneys, or public defenders, or criminal

29  conflict and civil regional counsel.

30         (d)  Counties may satisfy these requirements by

31  entering into interlocal agreements for the collective funding


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    CS for SB 1088                                 First Engrossed



 1  of these reasonable and necessary salaries, costs, and

 2  expenses.

 3         Section 20.  Effective July 1, 2007, subsections (1),

 4  (2), (3), and (5) of section 29.015, Florida Statutes, are

 5  amended to read:

 6         29.015  Contingency fund; limitation of authority to

 7  transfer funds in contracted due process services

 8  appropriation categories.--

 9         (1)  An appropriation may be provided in the General

10  Appropriations Act in the Justice Administrative Commission to

11  serve as a contingency fund for the purpose of alleviating

12  deficits in contracted due process services appropriation

13  categories, including private court-appointed counsel

14  appropriation categories, that may occur from time to time due

15  to extraordinary cases events that lead to unexpected

16  expenditures.

17         (2)  In the event that a state attorney, or public

18  defender, or criminal conflict and civil regional counsel

19  incurs a deficit in a contracted due process services

20  appropriation category or conflict counsel category, the

21  following steps shall be taken in order:

22         (a)  The state attorney, or public defender, or

23  regional counsel shall first attempt to identify surplus funds

24  from other appropriation categories within his or her office

25  and submit a budget amendment pursuant to chapter 216 to

26  transfer funds from within the office.

27         (b)  In the event that the state attorney, or public

28  defender, or regional counsel is unable to identify surplus

29  funds from within his or her office, he or she shall certify

30  this to the Justice Administrative Commission along with a

31  complete explanation of the circumstances which led to the


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    CS for SB 1088                                 First Engrossed



 1  deficit and steps the office has taken to reduce or alleviate

 2  the deficit. The Justice Administrative Commission shall

 3  inquire as to whether any other office has surplus funds in

 4  its contracted due process services appropriation categories

 5  which can be transferred to the office that is experiencing

 6  the deficit. If other offices indicate that surplus funds are

 7  available within the same budget entity appropriation

 8  category, the Justice Administrative Commission shall transfer

 9  the amount needed to fund the deficit and notify the Governor

10  and the chair and vice chair of the Legislative Budget

11  Commission 14 days prior to a transfer pursuant to the notice,

12  review, and objection provisions of s. 216.177. If funds

13  appropriated for this purpose are available in a different

14  budget entity, the Justice Administrative Commission shall

15  request a budget amendment pursuant to chapter 216.

16         (c)  If no office indicates that surplus funds are

17  available to alleviate the deficit, the Justice Administrative

18  Commission may request a budget amendment to transfer funds

19  from the contingency fund. Such transfers shall be in

20  accordance with all applicable provisions of chapter 216 and

21  shall be subject to review and approval by the Legislative

22  Budget Commission. The Justice Administrative Commission shall

23  submit the documentation provided by the office explaining the

24  circumstances that led to the deficit and the steps taken by

25  the office and the Justice Administrative Commission to

26  identify surplus funds to the Legislative Budget Commission.

27         (3)  In the event that there is a deficit in a

28  statewide contracted due process services appropriation

29  category provided for private court-appointed counsel

30  necessary due to withdrawal of the public defender and

31  


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    CS for SB 1088                                 First Engrossed



 1  criminal conflict and civil regional counsel due to an ethical

 2  conflict, the following steps shall be taken in order:

 3         (a)  The Justice Administrative Commission shall first

 4  attempt to identify surplus funds from other contracted due

 5  process services appropriation categories within the Justice

 6  Administrative Commission and submit a budget amendment

 7  pursuant to chapter 216 to transfer funds from within the

 8  commission.

 9         (b)  In the event that the Justice Administrative

10  Commission is unable to identify surplus funds from within the

11  commission, the commission shall inquire of each of the public

12  defenders and regional counsel as to whether any office has

13  surplus funds in its contracted due process services

14  appropriations categories which can be transferred. If any

15  public defender or regional counsel office or offices indicate

16  that surplus funds are available, the Justice Administrative

17  Commission shall request a budget amendment to transfer funds

18  from the office or offices to alleviate the deficit upon

19  agreement of the contributing office or offices.

20         (c)  If no public defender or regional counsel office

21  has surplus funds available to alleviate the deficit, the

22  Justice Administrative Commission may request a budget

23  amendment to transfer funds from the contingency fund. Such

24  transfers shall be in accordance with all applicable

25  provisions of chapter 216 and shall be subject to review and

26  approval by the Legislative Budget Commission. The Justice

27  Administrative Commission shall submit the documentation

28  provided by the office explaining the circumstances that led

29  to the deficit and the steps taken by the Justice

30  Administrative Commission to identify surplus funds to the

31  Legislative Budget Commission.


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 1         (5)  Notwithstanding any provisions in chapter 216 to

 2  the contrary, no office shall transfer funds from a contracted

 3  due process services appropriation category or from a

 4  contingency fund category authorized in this section except as

 5  specifically authorized in this section. In addition, funds

 6  shall not be transferred from a state attorney office to

 7  alleviate a deficit in a public defender office or an office

 8  of criminal conflict and civil regional counsel, and funds

 9  shall not be transferred from a public defender office or

10  regional counsel office to alleviate a deficit in a state

11  attorney office.

12         Section 21.  Effective October 1, 2007, section 29.018,

13  Florida Statutes, is amended to read:

14         29.018  Cost sharing of due-process services;

15  legislative intent.--It is the intent of the Legislature to

16  provide state-funded due-process services to the state courts

17  system, state attorneys, public defenders, criminal conflict

18  and civil regional counsel, and private court-appointed

19  counsel in the most cost-effective and efficient manner. The

20  state courts system, state attorneys, public defenders,

21  criminal conflict and civil regional counsel, and the Justice

22  Administrative Commission on behalf of private court-appointed

23  counsel may enter into contractual agreements to share, on a

24  pro rata basis, the costs associated with court reporting

25  services, court interpreter and translation services, court

26  experts, and all other due-process services funded by the

27  state pursuant to this chapter. These costs shall be budgeted

28  within the funds appropriated to each of the affected users of

29  services.

30         Section 22.  Subsection (1) of section 39.815, Florida

31  Statutes, is amended to read:


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    CS for SB 1088                                 First Engrossed



 1         39.815  Appeal.--

 2         (1)  Any child, any parent or guardian ad litem of any

 3  child, any other party to the proceeding who is affected by an

 4  order of the court, or the department may appeal to the

 5  appropriate district court of appeal within the time and in

 6  the manner prescribed by the Florida Rules of Appellate

 7  Procedure. The district court of appeal shall give an appeal

 8  from an order terminating parental rights priority in

 9  docketing and shall render a decision on the appeal as

10  expeditiously as possible. Appointed counsel shall be

11  compensated as provided in s. 27.5304(6) s. 27.5304(5).

12         Section 23.  Subsections (5) and (6) of section 43.16,

13  Florida Statutes, are amended to read:

14         43.16  Justice Administrative Commission; membership,

15  powers and duties.--

16         (5)  The duties of the commission shall include, but

17  not be limited to, the following:

18         (a)  The maintenance of a central state office for

19  administrative services and assistance when possible to and on

20  behalf of the state attorneys and public defenders of Florida,

21  the capital collateral regional counsel of Florida, the

22  criminal conflict and civil regional counsel, and the Guardian

23  Ad Litem Program.

24         (b)  Each state attorney, and public defender, and

25  criminal conflict and civil regional counsel and the Guardian

26  Ad Litem Program shall continue to prepare necessary budgets,

27  vouchers that which represent valid claims for reimbursement

28  by the state for authorized expenses, and other things

29  incidental to the proper administrative operation of the

30  office, such as revenue transmittals to the Chief Financial

31  Officer and automated systems plans, but will forward same to


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    CS for SB 1088                                 First Engrossed



 1  the commission for recording and submission to the proper

 2  state officer. However, when requested by a state attorney, or

 3  a public defender, a criminal conflict and civil regional

 4  counsel, or the Guardian Ad Litem Program, the commission will

 5  either assist in the preparation of budget requests, voucher

 6  schedules, and other forms and reports or accomplish the

 7  entire project involved.

 8         (6)  The provisions contained in this section shall be

 9  supplemental to those of chapter 27, relating to state

10  attorneys, and public defenders, criminal conflict and civil

11  regional counsel, and capital collateral regional counsel; to

12  those of chapter 39, relating to the Guardian Ad Litem

13  Program; or to other laws pertaining hereto.

14         Section 24.  Effective October 1, 2007, section 57.082,

15  Florida Statutes, is amended to read:

16         57.082  Determination of civil indigent status.--

17         (1)  APPLICATION TO THE CLERK.--A person seeking

18  appointment of an a private attorney in a civil case eligible

19  for court-appointed counsel, or seeking relief from prepayment

20  of fees and costs under s. 57.081, based upon an inability to

21  pay must apply to the clerk of the court for a determination

22  of civil indigent status using an application form developed

23  by the Florida Clerks of Court Operations Corporation with

24  final approval by the Supreme Court.

25         (a)  The application must include, at a minimum, the

26  following financial information:

27         1.  Net income, consisting of total salary and wages,

28  minus deductions required by law, including court-ordered

29  support payments.

30         2.  Other income, including, but not limited to, social

31  security benefits, union funds, veterans' benefits, workers'


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    CS for SB 1088                                 First Engrossed



 1  compensation, other regular support from absent family

 2  members, public or private employee pensions, unemployment

 3  compensation, dividends, interest, rent, trusts, and gifts.

 4         3.  Assets, including, but not limited to, cash,

 5  savings accounts, bank accounts, stocks, bonds, certificates

 6  of deposit, equity in real estate, and equity in a boat or a

 7  motor vehicle or in other tangible property.

 8         4.  All liabilities and debts.

 9  

10  The application must include a signature by the applicant

11  which attests to the truthfulness of the information provided.

12  The application form developed by the corporation must include

13  notice that the applicant may seek court review of a clerk's

14  determination that the applicant is not indigent, as provided

15  in this section.

16         (b)  The clerk shall assist a person who appears before

17  the clerk and requests assistance in completing the

18  application, and the clerk shall notify the court if a person

19  is unable to complete the application after the clerk has

20  provided assistance.

21         (c)  The clerk shall accept an application that is

22  signed by the applicant and submitted on his or her behalf by

23  a private attorney who is representing the applicant in the

24  applicable matter.

25         (2)  DETERMINATION BY THE CLERK.--The clerk of the

26  court shall determine whether an applicant seeking such

27  designation is indigent based upon the information provided in

28  the application and the criteria prescribed in this

29  subsection.

30         (a)1.  An applicant, including an applicant who is a

31  minor or an adult tax-dependent person, is indigent if the


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    CS for SB 1088                                 First Engrossed



 1  applicant's income is equal to or below 200 percent of the

 2  then-current federal poverty guidelines prescribed for the

 3  size of the household of the applicant by the United States

 4  Department of Health and Human Services.

 5         2.  There is a presumption that the applicant is not

 6  indigent if the applicant owns, or has equity in, any

 7  intangible or tangible personal property or real property or

 8  the expectancy of an interest in any such property having a

 9  net equity value of $2,500 or more, excluding the value of the

10  person's homestead and one vehicle having a net value not

11  exceeding $5,000.

12         (b)  Based upon its review, the clerk shall make one of

13  the following determinations:

14         1.  The applicant is not indigent.

15         2.  The applicant is indigent.

16         (c)  If the clerk determines that the applicant is

17  indigent, the clerk shall immediately file the determination

18  in the case record.

19         (d)  The duty of the clerk in determining whether an

20  applicant is indigent is limited to receiving the application

21  and comparing the information provided in the application to

22  the criteria prescribed in this subsection. The determination

23  of indigent status is a ministerial act of the clerk and may

24  not be based on further investigation or the exercise of

25  independent judgment by the clerk. The clerk may contract with

26  third parties to perform functions assigned to the clerk under

27  this section.

28         (e)  The applicant may seek review of the clerk's

29  determination that the applicant is not indigent in the court

30  having jurisdiction over the matter by filing a petition to

31  review the clerk's determination of nonindigent status, for


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    CS for SB 1088                                 First Engrossed



 1  which a filing fee may not be charged. If the applicant seeks

 2  review of the clerk's determination of indigent status, the

 3  court shall make a final determination as provided in

 4  subsection (4).

 5         (3)  APPOINTMENT OF COUNSEL ON AN INTERIM BASIS.--If

 6  the clerk of the court has not made a determination of

 7  indigent status at the time a person requests appointment of

 8  an a private attorney in a civil case eligible for

 9  court-appointed counsel, the court shall make a preliminary

10  determination of indigent status, pending further review by

11  the clerk, and may, by court order, appoint private counsel on

12  an interim basis.

13         (4)  REVIEW OF THE CLERK'S DETERMINATION.--

14         (a)  If the clerk of the court determines that the

15  applicant is not indigent and the applicant seeks review of

16  the clerk's determination, the court shall make a final

17  determination of indigent status by reviewing the information

18  provided in the application against the criteria prescribed in

19  subsection (2) and by considering the following additional

20  factors:

21         1.  Whether paying for private counsel or other fees

22  and costs creates a substantial hardship for the applicant or

23  the applicant's family.

24         2.  Whether the applicant is proceeding pro se or is

25  represented by a private attorney for a fee or on a pro bono

26  basis.

27         3.  When the applicant retained private counsel.

28         4.  The amount of any attorney's fees and who is paying

29  the fees.

30         5.  Any other relevant financial circumstances of the

31  applicant or the applicant's family.


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    CS for SB 1088                                 First Engrossed



 1         (b)  Based upon its review, the court shall make one of

 2  the following determinations and shall, if appropriate,

 3  appoint private counsel:

 4         1.  The applicant is not indigent.

 5         2.  The applicant is indigent.

 6         (5)  APPOINTMENT OF COUNSEL.--In appointing counsel

 7  after a determination that a person is indigent under this

 8  section, the court shall first appoint the office of criminal

 9  conflict and civil regional counsel, as provided in s. 27.511,

10  unless specific provision is made in law for the appointment

11  of the public defender in the particular civil proceeding.

12         (6)(5)  PROCESSING CHARGE; PAYMENT PLANS.--A person who

13  the clerk or the court determines is indigent for civil

14  proceedings under this section shall be enrolled in a payment

15  plan under s. 28.246 and shall be charged a one-time

16  administrative processing charge under s. 28.24(26)(c). A

17  monthly payment amount, calculated based upon all fees and all

18  anticipated costs, is presumed to correspond to the person's

19  ability to pay if it does not exceed 2 percent of the person's

20  annual net income, as defined in subsection (1), divided by

21  12. The person may seek review of the clerk's decisions

22  regarding a payment plan established under s. 28.246 in the

23  court having jurisdiction over the matter. A case may not be

24  impeded in any way, delayed in filing, or delayed in its

25  progress, including the final hearing and order, due to

26  nonpayment of any fees by an indigent person.

27         (7)(6)  FINANCIAL DISCREPANCIES; FRAUD; FALSE

28  INFORMATION.--

29         (a)  If the court learns of discrepancies between the

30  application and the actual financial status of the person

31  found to be indigent, the court shall determine whether the


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    CS for SB 1088                                 First Engrossed



 1  status and any relief provided as a result of that status

 2  shall be revoked. The person may be heard regarding the

 3  information learned by the court. If the court, based on the

 4  information, determines that the person is not indigent, the

 5  court shall revoke the provision of any relief under this

 6  section.

 7         (b)  If the court has reason to believe that any

 8  applicant, through fraud or misrepresentation, was improperly

 9  determined to be indigent, the matter shall be referred to the

10  state attorney. Twenty-five percent of any amount recovered by

11  the state attorney as reasonable value of the services

12  rendered, including fees, charges, and costs paid by the state

13  on the person's behalf, shall be remitted to the Department of

14  Revenue for deposit into the Grants and Donations Trust Fund

15  within the Justice Administrative Commission. Seventy-five

16  percent of any amount recovered shall be remitted to the

17  Department of Revenue for deposit into the General Revenue

18  Fund.

19         (c)  A person who knowingly provides false information

20  to the clerk or the court in seeking a determination of

21  indigent status under this section commits a misdemeanor of

22  the first degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         Section 25.  Paragraph (y) of subsection (2) of section

25  110.205, Florida Statutes, is amended to read:

26         110.205  Career service; exemptions.--

27         (2)  EXEMPT POSITIONS.--The exempt positions that are

28  not covered by this part include the following:

29         (y)  All officers and employees of the Justice

30  Administrative Commission, Office of the State Attorney,

31  Office of the Public Defender, regional offices of capital


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    CS for SB 1088                                 First Engrossed



 1  collateral counsel, offices of criminal conflict and civil

 2  regional counsel, and Statewide Guardian Ad Litem Office,

 3  including the circuit guardian ad litem programs.

 4         Section 26.  Effective October 1, 2007, subsection (2)

 5  of section 125.69, Florida Statutes, is amended to read:

 6         125.69  Penalties; enforcement by code inspectors.--

 7         (2)  Each county is authorized and required to pay any

 8  attorney appointed by the court to represent a defendant

 9  charged with a criminal violation of a special law or county

10  ordinance not ancillary to a state charge if the defendant is

11  indigent and otherwise entitled to court-appointed counsel

12  under the Constitution of the United States or the

13  Constitution of the State of Florida. In these cases, the

14  court shall appoint counsel to represent the defendant in

15  accordance with s. 27.40, and shall order the county to pay

16  the reasonable attorney's fees, costs, and related expenses of

17  the defense. The county may contract with the public defender

18  or the office of criminal conflict and civil regional counsel

19  for of the judicial circuit in which the county is located to

20  serve as court-appointed counsel pursuant to s. 27.54.

21         Section 27.  Paragraph (qq) of subsection (1) of

22  section 216.011, Florida Statutes, is amended to read:

23         216.011  Definitions.--

24         (1)  For the purpose of fiscal affairs of the state,

25  appropriations acts, legislative budgets, and approved

26  budgets, each of the following terms has the meaning

27  indicated:

28         (qq)  "State agency" or "agency" means any official,

29  officer, commission, board, authority, council, committee, or

30  department of the executive branch of state government.  For

31  purposes of this chapter and chapter 215, "state agency" or


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    CS for SB 1088                                 First Engrossed



 1  "agency" includes, but is not limited to, state attorneys,

 2  public defenders, criminal conflict and civil regional

 3  counsel, capital collateral regional counsel, the Justice

 4  Administrative Commission, the Florida Housing Finance

 5  Corporation, and the Florida Public Service Commission. Solely

 6  for the purposes of implementing s. 19(h), Art. III of the

 7  State Constitution, the terms "state agency" or "agency"

 8  include the judicial branch.

 9         Section 28.  Effective October 1, 2007, subsection (2)

10  of section 744.331, Florida Statutes, is amended to read:

11         744.331  Procedures to determine incapacity.--

12         (2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--

13         (a)  When a court appoints an attorney for an alleged

14  incapacitated person, the court must appoint the office of

15  criminal conflict and civil regional counsel or a private an

16  attorney as prescribed in s. 27.511(6). A private attorney

17  must be one who is included in the attorney registry compiled

18  pursuant to s. 27.40 ss. 27.40 and 27.42 by the circuit's

19  Article V indigent services committee. Appointments of private

20  attorneys must be made on a rotating basis, taking into

21  consideration conflicts arising under this chapter.

22         (b)  The court shall appoint an attorney for each

23  person alleged to be incapacitated in all cases involving a

24  petition for adjudication of incapacity. The alleged

25  incapacitated person may substitute her or his own attorney

26  for the attorney appointed by the court.

27         (c)  Any attorney representing an alleged incapacitated

28  person may not serve as guardian of the alleged incapacitated

29  person or as counsel for the guardian of the alleged

30  incapacitated person or the petitioner.

31  


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    CS for SB 1088                                 First Engrossed



 1         (d)  Effective January 1, 2007, an attorney seeking to

 2  be appointed by a court for incapacity and guardianship

 3  proceedings must have completed a minimum of 8 hours of

 4  education in guardianship. A court may waive the initial

 5  training requirement for an attorney who has served as a

 6  court-appointed attorney in incapacity proceedings or as an

 7  attorney of record for guardians for not less than 3 years.

 8  The education requirement of this paragraph does not apply to

 9  the office of criminal conflict and civil regional counsel

10  until July 1, 2008.

11         Section 29.  Effective October 1, 2007, section 938.29,

12  Florida Statutes, is amended to read:

13         938.29  Legal assistance; lien for payment of

14  attorney's fees or costs.--

15         (1)(a)  A defendant determined to be guilty of a

16  criminal act by a court or jury or through a plea of guilty or

17  nolo contendere and who has received the assistance of the

18  public defender's office, a special assistant public defender,

19  the office of criminal conflict and civil regional counsel, or

20  a private conflict attorney, or who has received due process

21  services after being found indigent for costs under s. 27.52,

22  shall be liable for payment of attorney's fees and costs. The

23  court shall determine the amount of the obligation. Such costs

24  shall include, but not be limited to, the cost of depositions;

25  cost of transcripts of depositions, including the cost of

26  defendant's copy, which transcripts are certified by the

27  defendant's attorney as having served a useful purpose in the

28  disposition of the case; investigative costs; witness fees;

29  the cost of psychiatric examinations; or other reasonable

30  costs specially incurred by the state and the clerk of court

31  for the defense of the defendant in criminal prosecutions.


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    CS for SB 1088                                 First Engrossed



 1  Costs shall not include expenses inherent in providing a

 2  constitutionally guaranteed jury trial or expenditures in

 3  connection with the maintenance and operation of government

 4  agencies that must be made by the public irrespective of

 5  specific violations of law. Any costs assessed pursuant to

 6  this paragraph shall be reduced by any amount assessed against

 7  a defendant pursuant to s. 938.05.

 8         (b)  Upon entering a judgment of conviction, the

 9  defendant shall be liable to pay the costs in full after the

10  judgment of conviction becomes final.

11         (c)  The defendant shall pay the application fee under

12  s. 27.52(1)(b) and attorney's fees and costs in full or in

13  installments, at the time or times specified. The court may

14  order payment of the assessed application fee and attorney's

15  fees and costs as a condition of probation, of suspension of

16  sentence, or of withholding the imposition of sentence. The

17  first $40 from attorney's fees and costs collected under this

18  section shall be transferred monthly by the clerk to the

19  Department of Revenue for deposit into the Indigent Criminal

20  Defense Trust Fund. All remaining attorney's fees and costs

21  collected under this section shall be deposited into the

22  General Revenue Fund.

23         (2)(a)  There is created in the name of the state a

24  lien, enforceable as hereinafter provided, upon all the

25  property, both real and personal, of any person who:

26         1.  Has received any assistance from any public

27  defender of the state, from any special assistant public

28  defender, from any office of criminal conflict and civil

29  regional counsel, or from any private conflict attorney, or

30  who has received due process services after being found

31  indigent for costs; or


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    CS for SB 1088                                 First Engrossed



 1         2.  Is a parent of an accused minor or an accused adult

 2  tax-dependent person who is being, or has been, represented by

 3  any public defender of the state, by any special assistant

 4  public defender, by any office of criminal conflict and civil

 5  regional counsel, or by a private conflict attorney, or who is

 6  receiving or has received due process services after being

 7  found indigent for costs.

 8  

 9  Such lien constitutes a claim against the defendant-recipient

10  or parent and his or her estate, enforceable according to law.

11         (b)  A judgment showing the name and residence of the

12  defendant-recipient or parent shall be recorded in the public

13  record, without cost, by the clerk of the circuit court in the

14  county where the defendant-recipient or parent resides and in

15  each county in which such defendant-recipient or parent then

16  owns or later acquires any property. Such judgments shall be

17  enforced on behalf of the state by the clerk of the circuit

18  court of the county in which assistance was rendered.

19         (3)  The clerk of the circuit court within the county

20  wherein the defendant-recipient was tried or received the

21  services of a public defender, special assistant public

22  defender, office of criminal conflict and civil regional

23  counsel, or appointed private legal counsel, or received due

24  process services after being found indigent for costs, shall

25  enforce, satisfy, compromise, settle, subordinate, release, or

26  otherwise dispose of any debt or lien imposed under this

27  section. A defendant-recipient or parent, liable to pay

28  attorney's fees or costs and who is not in willful default in

29  the payment thereof, may, at any time, petition the court

30  which entered the order for deferral of the payment of

31  attorney's fees or costs or of any unpaid portion thereof.


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    CS for SB 1088                                 First Engrossed



 1         (4)  No lien thus created shall be foreclosed upon the

 2  homestead of such defendant-recipient or parent, nor shall any

 3  defendant-recipient or parent liable for payment of attorney's

 4  fees or costs be denied any of the protections afforded any

 5  other civil judgment debtor.

 6         (5)  The court having jurisdiction of the

 7  defendant-recipient shall, at such stage of the proceedings as

 8  the court may deem appropriate, determine the value of the

 9  services of the public defender, special assistant public

10  defender, office of criminal conflict and civil regional

11  counsel, or appointed private legal counsel and costs, at

12  which time the defendant-recipient or parent, after adequate

13  notice thereof, shall have opportunity to be heard and offer

14  objection to the determination, and to be represented by

15  counsel, with due opportunity to exercise and be accorded the

16  procedures and rights provided in the laws and court rules

17  pertaining to civil cases at law.

18         Section 30.  Effective October 1, 2007, section 27.42,

19  Florida Statutes, is repealed.

20         Section 31.  (1)  The Legislature finds that the

21  creation of offices of criminal conflict and civil regional

22  counsel and the other provisions of this act are necessary and

23  best steps toward enhancing the publicly funded provision of

24  legal representation and other due process services under

25  constitutional and statutory principles in a fiscally

26  responsible and effective manner.

27         (2)  It is the intent of the Legislature to facilitate

28  the orderly transition to the creation and operation of the

29  offices of criminal conflict and civil regional counsel, as

30  provided in this act, in order to enhance and fiscally support

31  the system of court-appointed representation for eligible


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    CS for SB 1088                                 First Engrossed



 1  individuals in criminal and civil proceedings. To that end,

 2  the Legislature intends that the five criminal conflict and

 3  civil regional counsel be appointed as soon as practicable

 4  after this act becomes law, to assume a term beginning on July

 5  1, 2007. Once appointed, the regional counsel shall use the

 6  period between July 1, 2007, and October 1, 2007, to complete

 7  the administrative and organizational activities related to

 8  establishment of their offices, including, but not limited to,

 9  hiring authorized assistant regional counsel and other staff.

10  It is the further intent of the Legislature that the regional

11  offices begin assuming representation of eligible individuals,

12  as provided in this act, on October 1, 2007. If a court finds

13  that a regional office is not sufficiently operational by that

14  date to assume representation in a particular case, it is the

15  intent of the Legislature that the court appoint private

16  counsel for that case. However, it is also the intent of the

17  Legislature that each regional office be fully operational no

18  later than January 1, 2008. The Justice Administrative

19  Commission shall assist the regional counsel as necessary in

20  establishing their offices. In addition, it is the intent of

21  the Legislature that the various agencies and organizations

22  that comprise the state judicial system also assist with the

23  transition from current law to the creation and operation of

24  the regional offices.

25         (3)  In furtherance of its findings and intent, the

26  Legislature intends to monitor and review the implementation

27  of this act over a period of 3 years, identify any impediments

28  to successful implementation, and evaluate if the delivery of

29  legal representation and due process services as prescribed in

30  this act should be revised.

31  


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    CS for SB 1088                                 First Engrossed



 1         Section 32.  Each private attorney with an active court

 2  appointment as of the effective date of this act in a case for

 3  which the attorney will seek compensation from the state shall

 4  report the case number and type of case to the Justice

 5  Administrative Commission by July 15, 2007, unless he or she

 6  has already provided this information to the commission. If

 7  there is a shortfall in appropriations for court-appointed

 8  counsel, the commission shall give priority in payment to

 9  those attorneys who have fully complied with the reporting

10  requirement of this section.

11         Section 33.  If any provision of this act or its

12  application to any person or circumstance is held invalid, the

13  invalidity does not affect other provisions or applications of

14  the act which can be given effect without the invalid

15  provision or application, and to this end the provisions of

16  this act are severable.

17         Section 34.  Except as otherwise expressly provided in

18  this act, this act shall take effect upon becoming a law.

19  

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