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A bill to be entitled

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An act relating to classification and pay plans for public

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defenders; amending s. 27.53, F.S.; requiring that

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coordinated classification and pay plans for public

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defenders in each judicial circuit be developed in

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accordance with s. 216.181, F.S., notwithstanding that

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lump-sum salary bonuses, or other similar provisions of

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statute or rule relating to government officials, may be

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provided only if specifically appropriated or provided for

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by statute; providing an effective date.

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

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     Section 1.  Subsection (1) of section 27.53, Florida

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Statutes, is amended to read:

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     27.53  Appointment of assistants and other staff; method of

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payment.--

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     (1)  The public defender of each judicial circuit is

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authorized to employ and establish, in such numbers as authorized

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by the General Appropriations Act, assistant public defenders and

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other staff and personnel pursuant to s. 29.006, who shall be

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paid from funds appropriated for that purpose. Notwithstanding

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the provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an

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investigator employed by a public defender, while actually

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carrying out official duties, is authorized to carry concealed

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

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However, such investigators are not eligible for membership in

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the Special Risk Class of the Florida Retirement System. The

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public defenders of all judicial circuits shall jointly develop a

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coordinated classification and pay plan which shall be submitted

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on or before January 1 of each year to the Justice Administrative

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Commission, the office of the President of the Senate, and the

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office of the Speaker of the House of Representatives.

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Notwithstanding s. 216.181(10)(b) or any other similar provision

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of statute or rule governing judicial, executive, or legislative

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branches, such plan shall be developed in accordance with

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policies and procedures of the Executive Office of the Governor

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established in s. 216.181. Each assistant public defender

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appointed by a public defender under this section shall serve at

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the pleasure of the public defender. Each investigator employed

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by a public defender shall have full authority to serve any

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witness subpoena or court order issued, by any court or judge

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within the judicial circuit served by such public defender, in a

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criminal case in which such public defender has been appointed to

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represent the accused.

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     Section 2.  This act shall take effect July 1, 2008.