(LATE FILED)	Amendment
Bill No. 7083

Amendment No. 512521

CHAMBER ACTION
Senate		House
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1	Representative Seiler offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 658-829 and insert:
5	based on a flat fee per case for completeness and compliance
6	with contractual, statutory, and circuit Article V indigent
7	services committee requirements. The commission may approve the
8	intended bill for a flat fee per case for payment without
9	approval by the court if the intended billing is correct. For
10	all other intended billings, prior to filing a motion for an
11	order approving payment of attorney's fees, costs, or related
12	expenses, the private court-appointed counsel shall deliver a
13	copy of the intended billing, together with supporting
14	affidavits and all other necessary documentation, to the Justice
15	Administrative Commission. The Justice Administrative Commission
16	shall review the billings, affidavit, and documentation for
17	completeness and compliance with contractual and statutory
18	requirements. If the Justice Administrative Commission objects
19	to any portion of the proposed billing, the objection and
20	reasons therefor shall be communicated to the private court-
21	appointed counsel. The private court-appointed counsel may
22	thereafter file his or her motion for order approving payment of
23	attorney's fees, costs, or related expenses together with
24	supporting affidavits and all other necessary documentation. The
25	motion must specify whether the Justice Administrative
26	Commission objects to any portion of the billing or the
27	sufficiency of documentation and shall attach the Justice
28	Administrative Commission's letter stating its objection. The
29	attorney shall have the burden to prove the entitlement to
30	attorney's fees, costs, or related expenses. A copy of the
31	motion and attachments shall be served on the Justice
32	Administrative Commission at least 5 business days prior to the
33	date of a hearing. The Justice Administrative Commission shall
34	have standing to appear before the court to contest any motion
35	for order approving payment of attorney's fees, costs, or
36	related expenses and may participate in a hearing on the motion
37	by use of telephonic or other communication equipment unless
38	ordered otherwise. The Justice Administrative Commission may
39	contract with other public or private entities or individuals to
40	appear before the court for the purpose of contesting any motion
41	for order approving payment of attorney's fees, costs, or
42	related expenses. The fact that the Justice Administrative
43	Commission has not objected to any portion of the billing or to
44	the sufficiency of the documentation is not binding on the
45	court. The court retains primary authority and responsibility
46	for determining the reasonableness of all billings for
47	attorney's fees, costs, and related expenses, subject to
48	statutory limitations. Private court-appointed counsel is
49	entitled to compensation upon final disposition of a case,
50	except as provided in subsections (7), (8), and (10). Before
51	final disposition of a case, a private court-appointed counsel
52	may file a motion for fees, costs, and related expenses for
53	services completed up to the date of the motion in any case or
54	matter in which legal services have been provided by the
55	attorney for more than 1 year. The amount approved by the court
56	may not exceed 80 percent of the fees earned, or costs and
57	related expenses incurred, to date, or an amount proportionate
58	to the maximum fees permitted under this section based on legal
59	services provided to date, whichever is less. The court may
60	grant the motion if counsel shows that failure to grant the
61	motion would work a particular hardship upon counsel.
62	(3)  The compensation for representation in a criminal
63	proceeding shall not exceed the following:
64	(a)1.  For misdemeanors and juveniles represented at the
65	trial level: $1,000.
66	2.  For noncapital, nonlife felonies represented at the
67	trial level: $2,500.
68	3.  For life felonies represented at the trial level:
69	$3,000.
70	4.  For capital cases represented at the trial level:
71	$3,500.
72	5.  For representation on appeal: $2,000.
73	(b)  If a death sentence is imposed and affirmed on appeal
74	to the Supreme Court, the appointed attorney shall be allowed
75	compensation, not to exceed $1,000, for attorney's fees and
76	costs incurred in representing the defendant as to an
77	application for executive clemency, with compensation to be paid
78	out of general revenue from funds budgeted to the Department of
79	Corrections.
80	(4)  By January 1 of each year, the Article V Indigent
81	Services Advisory Board shall recommend to the Legislature any
82	adjustments to the compensation provisions of this section.
83	(4)(5)(a)  If counsel is entitled to receive compensation
84	for representation pursuant to court appointment in a
85	termination of parental rights proceeding under chapter 39, such
86	compensation shall not exceed $1,000 at the trial level and
87	$2,500 at the appellate level.
88	(5)(b)  Counsel entitled to receive compensation for
89	representation pursuant to court appointment in a proceeding
90	under chapter 384 or chapter 392 shall receive reasonable
91	compensation as fixed by the public defender court making the
92	appointment.
93	(6)  A private attorney appointed in lieu of the public
94	defender to represent an indigent defendant may not reassign or
95	subcontract the case to another attorney or allow another
96	attorney to appear at a critical stage of a case except as
97	authorized by the public defender who is not on the registry
98	developed under s. 27.40.
99	(7)  The public defender may authorize Private court-
100	appointed counsel representing a parent in a dependency case
101	that is open may submit a request for payment in to the Justice
102	Administrative Commission at the following intervals in complex
103	or lengthy cases.:
104	(a)  Upon entry of an order of disposition as to the parent
105	being represented.
106	(b)  Upon conclusion of a 12-month permanency review.
107	(c)  Following a judicial review hearing.
108
109	In no case, however, may counsel submit requests under this
110	subsection more than once per quarter, unless the court finds
111	extraordinary circumstances justifying more frequent submission
112	of payment requests.
113	(8)  The General Appropriations Act may amend the general
114	limits per case provided for in this section. Private court-
115	appointed counsel representing an individual in an appeal to a
116	district court of appeal or the Supreme Court may submit a
117	request for payment to the Justice Administrative Commission at
118	the following intervals:
119	(a)  Upon the filing of an appellate brief, including, but
120	not limited to, a reply brief.
121	(b)  When the opinion of the appellate court is finalized.
122	(9)  A public defender may, in extraordinary circumstances,
123	approve a fee in excess of the general limits per case provided
124	for in this section. Extraordinary circumstances will not,
125	however, authorize the public defender to expend moneys in
126	excess of the total appropriation for indigent services provided
127	in the General Appropriations Act. The public defenders of the
128	state shall jointly establish criteria for determining what are
129	extraordinary circumstances under this subsection. No court
130	shall have jurisdiction to determine what are extraordinary
131	circumstances under this subsection, nor shall any court order
132	that a public defender find that such extraordinary
133	circumstances exist. The question of whether a case or cases
134	present extraordinary circumstances under this subsection is one
135	of discretion within the limited budgetary authority of a public
136	defender. Private court-appointed counsel may not bill for
137	preparation of invoices whether or not the case is paid on the
138	basis of an hourly rate or by flat fee.
139	(10)  No indigent services committee shall authorize the
140	payment of any compensation to a court-appointed counsel that is
141	in excess of the fee schedules in subsections (3)-(5) or in
142	excess of the local fee schedule adopted by such committee,
143	whichever is lower. The Justice Administrative Commission shall
144	not pay any invoice for compensation to a court-appointed
145	counsel that is in excess of the fee schedules in subsections
146	(3)-(5) or in excess of the local fee schedule adopted by the
147	indigent services committee, whichever is lower. If any court
148	orders payment of compensation to a private court-appointed
149	counsel that is in excess of the fee schedules in subsections
150	(3)-(5) or in excess of the local fee schedule adopted by the
151	indigent services committee, whichever is lower, the amount of
152	the compensation that is in excess of the lower fee cap shall be
153	paid from funds appropriated to the state courts system. The
154	Justice Administrative Commission shall develop a schedule to
155	provide partial payment of criminal attorney fees for cases that
156	are not resolved within 6 months. The schedule must provide that
157	the aggregate payments shall not exceed limits established by
158	law. Any partial payment made pursuant to this subsection shall
159	not exceed the actual value of services provided to date. Any
160	partial payment shall be proportionate to the value of services
161	provided based on payment rates included in the contract, not to
162	exceed any limit provided by law.
163
164	======= T I T L E  A M E N D M E N T =======
165	Remove lines 24-35 and insert:
166	a specified report; amending s. 27.5304, F.S.;
167	limiting expenditures on appointed counsel; deleting
168	forms of billing and payment by private attorneys
169	representing indigent persons; deleting report of the
170	Article V Indigent Services Advisory Board; providing
171	for amendment of the general limits per case in the
172	General Appropriations Act; allowing for extraordinary
173	payment; providing limits on the

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