HB 497

1	A bill to be entitled
2	An act relating to classification and pay plans for public
3	defenders; amending s. 27.53, F.S.; requiring that
4	coordinated classification and pay plans for public
5	defenders in each judicial circuit be developed in
6	accordance with s. 216.181, F.S., notwithstanding that
7	lump-sum salary bonuses, or other similar provisions of
8	law or rule relating to government officials, may be
9	provided only if specifically appropriated or provided for
10	by law; authorizing public defenders to award lump-sum
11	bonuses according to specified criteria; requiring
12	reporting of payment of bonuses; amending s. 27.25, F.S.;
13	requiring that coordinated classification and pay plans
14	for state attorneys in all judicial circuits be developed
15	in accordance with s. 216.181, F.S., notwithstanding that
16	lump-sum salary bonuses, or other similar provisions of
17	law or rule relating to government officials, may be
18	provided only if specifically appropriated or provided for
19	by law; authorizing state attorneys to award lump-sum
20	bonuses according to specified criteria; requiring
21	reporting of payment of bonuses; providing an effective
22	date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (1) of section 27.53, Florida
27	Statutes, is amended to read:
28	27.53  Appointment of assistants and other staff; method of
29	payment.--
30	(1)  The public defender of each judicial circuit is
31	authorized to employ and establish, in such numbers as
32	authorized by the General Appropriations Act, assistant public
33	defenders and other staff and personnel pursuant to s. 29.006,
34	who shall be paid from funds appropriated for that purpose.
35	Notwithstanding the provisions of s. 790.01, s. 790.02, or s.
36	790.25(2)(a), an investigator employed by a public defender,
37	while actually carrying out official duties, is authorized to
38	carry concealed weapons if the investigator complies with s.
39	790.25(3)(o). However, such investigators are not eligible for
40	membership in the Special Risk Class of the Florida Retirement
41	System. The public defenders of all judicial circuits shall
42	jointly develop a coordinated classification and pay plan which
43	shall be submitted on or before January 1 of each year to the
44	Justice Administrative Commission, the office of the President
45	of the Senate, and the office of the Speaker of the House of
46	Representatives. Notwithstanding s. 216.181(10)(b) or any other
47	similar provision of law or rule governing the judicial,
48	executive, or legislative branches, such plan shall be developed
49	in accordance with policies and procedures of the Executive
50	Office of the Governor established in s. 216.181. End of fiscal
51	year lump-sum salary bonuses may be awarded by a public defender
52	from funds appropriated for salaries, with eligibility for such
53	bonuses to be determined pursuant to the eligibility criteria in
54	s. 110.1245(2)(b). Any public defender who authorizes lump-sum
55	salary bonuses shall report the payment of such bonuses,
56	including the date, amount, recipient, and the reasons and
57	justification for his or her decision to award such bonuses,
58	quarterly to the Justice Administrative Commission, the office
59	of the President of the Senate, and the office of the Speaker of
60	the House of Representatives. Each assistant public defender
61	appointed by a public defender under this section shall serve at
62	the pleasure of the public defender. Each investigator employed
63	by a public defender shall have full authority to serve any
64	witness subpoena or court order issued, by any court or judge
65	within the judicial circuit served by such public defender, in a
66	criminal case in which such public defender has been appointed
67	to represent the accused.
68	Section 2. Subsection (1) of section 27.25, Florida
69	Statutes, is amended to read.
70	27.25  State attorney authorized to employ personnel;
71	funding formula.--
72	(1) The state attorney of each judicial circuit is
73	authorized to employ and establish, in such number as is
74	authorized by the General Appropriations Act, assistant state
75	attorneys and other staff pursuant to s. 29.005.  The state
76	attorneys of all judicial circuits shall jointly develop a
77	coordinated classification and pay plan which shall be submitted
78	on or before January 1 of each year to the Justice
79	Administrative Commission, the office of the President of the
80	Senate, and the office of the Speaker of the House of
81	Representatives. Notwithstanding s. 216.181(10)(b) or any other
82	similar provision of law or rule governing the judicial,
83	executive, or legislative branches, such plan shall be developed
84	in accordance with policies and procedures of the Executive
85	Office of the Governor established pursuant to s. 216.181. End
86	of fiscal year lump-sum salary bonuses may be awarded by the
87	state attorney from funds appropriated for salaries, with
88	eligibility for such bonuses to be determined pursuant to the
89	eligibility criteria in s. 110.1245(2)(b), F.S. Any state
90	attorney that authorizes lump-sum salary bonuses shall report
91	the payment of such bonuses, including the date, amount,
92	recipient, and the reasons and justification for his or her
93	decision to award such bonuses, quarterly to the Justice
94	Administrative Commission, the office of the President of the
95	Senate, and the office of the Speaker of the House of
96	Representatives.
97	Section 3.  This act shall take effect July 1, 2008.

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