CS/HB 7083

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

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