Florida Senate - 2014                                    SB 2508
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-03313-14                                          20142508__
    1                        A bill to be entitled                      
    2         An act relating to executive clemency; amending ss.
    3         27.51 and 27.511, F.S.; removing authority of the
    4         trial court to appoint counsel for executive clemency
    5         proceedings; amending s. 27.5303, F.S.; removing
    6         authority of the court rendering judgment imposing the
    7         death penalty to appoint counsel for executive
    8         clemency proceedings; amending s. 27.5304, F.S.;
    9         removing authority for payment to the appointed
   10         attorney for representing a defendant in an
   11         application for executive clemency after the
   12         imposition of a death sentence; creating s. 940.031,
   13         F.S; authorizing the Board of Executive Clemency to
   14         appoint private counsel to represent a person
   15         sentenced to death in an executive clemency
   16         proceeding; authorizing compensation of up to a
   17         specified amount to the appointed attorney from the
   18         General Revenue Funds appropriated to the Parole
   19         Commission; providing legislative intent; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (5) of section
   25  27.51, Florida Statutes, is amended to read:
   26         27.51 Duties of public defender.—
   27         (5)(a) When direct appellate proceedings prosecuted by a
   28  public defender on behalf of an accused and challenging a
   29  judgment of conviction and sentence of death terminate in an
   30  affirmance of such conviction and sentence, whether by the
   31  Florida Supreme Court or by the United States Supreme Court or
   32  by expiration of any deadline for filing such appeal in a state
   33  or federal court, the public defender shall notify the accused
   34  of his or her rights pursuant to Rule 3.850, Florida Rules of
   35  Criminal Procedure, including any time limits pertinent thereto,
   36  and shall advise such person that representation in any
   37  collateral proceedings is the responsibility of the capital
   38  collateral regional counsel. The public defender shall then
   39  forward all original files on the matter to the capital
   40  collateral regional counsel, retaining such copies for his or
   41  her files as may be desired. However, the trial court shall
   42  retain the power to appoint the public defender or other
   43  attorney not employed by the capital collateral regional counsel
   44  to represent such person in proceedings for relief by executive
   45  clemency pursuant to ss. 27.40 and 27.5303.
   46         Section 2. Subsection (9) of section 27.511, Florida
   47  Statutes, is amended to read:
   48         27.511 Offices of criminal conflict and civil regional
   49  counsel; legislative intent; qualifications; appointment;
   50  duties.—
   51         (9) When direct appellate proceedings prosecuted by the
   52  office of criminal conflict and civil regional counsel on behalf
   53  of an accused and challenging a judgment of conviction and
   54  sentence of death terminate in an affirmance of such conviction
   55  and sentence, whether by the Supreme Court or by the United
   56  States Supreme Court or by expiration of any deadline for filing
   57  such appeal in a state or federal court, the office of criminal
   58  conflict and civil regional counsel shall notify the accused of
   59  his or her rights pursuant to Rule 3.850, Florida Rules of
   60  Criminal Procedure, including any time limits pertinent thereto,
   61  and shall advise such person that representation in any
   62  collateral proceedings is the responsibility of the capital
   63  collateral regional counsel. The office of criminal conflict and
   64  civil regional counsel shall forward all original files on the
   65  matter to the capital collateral regional counsel, retaining
   66  such copies for his or her files as may be desired or required
   67  by law. However, the trial court shall retain the power to
   68  appoint the office of criminal conflict and civil regional
   69  counsel or other attorney not employed by the capital collateral
   70  regional counsel to represent such person in proceedings for
   71  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
   72         Section 3. Subsection (4) of section 27.5303, Florida
   73  Statutes, is amended to read:
   74         27.5303 Public defenders; criminal conflict and civil
   75  regional counsel; conflict of interest.—
   76         (4)(a) If a defendant is convicted and the death sentence
   77  is imposed, the appointed attorney shall continue representation
   78  through appeal to the Supreme Court. The attorney shall be
   79  compensated as provided in s. 27.5304. If the attorney first
   80  appointed is unable to handle the appeal, the court shall
   81  appoint another attorney and that attorney shall be compensated
   82  as provided in s. 27.5304.
   83         (b) The public defender or an attorney appointed pursuant
   84  to this section may be appointed by the court rendering the
   85  judgment imposing the death penalty to represent an indigent
   86  defendant who has applied for executive clemency as relief from
   87  the execution of the judgment imposing the death penalty.
   88         (c) When the appointed attorney in a capital case has
   89  completed the duties imposed by this section, the attorney shall
   90  file a written report in the trial court stating the duties
   91  performed by the attorney and apply for discharge.
   92         Section 4. Subsection (5) of section 27.5304, Florida
   93  Statutes, is amended to read:
   94         27.5304 Private court-appointed counsel; compensation;
   95  notice.—
   96         (5) The compensation for representation in a criminal
   97  proceeding may shall not exceed the following:
   98         (a)1. For misdemeanors and juveniles represented at the
   99  trial level: $1,000.
  100         (b)2. For noncapital, nonlife felonies represented at the
  101  trial level: $2,500.
  102         (c)3. For life felonies represented at the trial level:
  103  $3,000.
  104         (d)4. For capital cases represented at the trial level:
  105  $15,000. For purposes of this paragraph subparagraph, a “capital
  106  case” is any offense for which the potential sentence is death
  107  and the state has not waived seeking the death penalty.
  108         (e)5. For representation on appeal: $2,000.
  109         (b) If a death sentence is imposed and affirmed on appeal
  110  to the Supreme Court, the appointed attorney shall be allowed
  111  compensation, not to exceed $1,000, for attorney fees and costs
  112  incurred in representing the defendant as to an application for
  113  executive clemency, with compensation to be paid out of general
  114  revenue from funds budgeted to the Justice Administrative
  115  Commission.
  116         Section 5. Section 940.031, Florida Statutes, is created to
  117  read:
  118         940.031Clemency counsel when sentence of death has been
  119  imposed.—
  120         (1)The Board of Executive Clemency may appoint private
  121  counsel to represent a person sentenced to death for relief by
  122  executive clemency at such time as the board deems appropriate
  123  for clemency consideration. The board shall maintain a list of
  124  private counsel available for appointment under this section.
  125         (2)The appointed private counsel shall be compensated by
  126  the board up to $10,000 for attorney fees and costs incurred in
  127  representing the person for relief by executive clemency, with
  128  compensation to be paid out of the General Revenue Fund from
  129  funds appropriated to the Parole Commission.
  130         (3)It is the intent of the Legislature that the fee
  131  prescribed under this section be the full and complete
  132  compensation for appointed private counsel. It is further the
  133  intent of the Legislature that the fee in this section be
  134  prescribed for the purpose of providing counsel with notice of
  135  the limit on the amount of compensation for representation under
  136  this section. Appointment of counsel for executive clemency
  137  under this section shall be at the board’s sole discretion. The
  138  provision of counsel for relief by executive clemency under this
  139  section does not create a statutory right to counsel in such
  140  proceedings.
  141         Section 6. This act shall take effect July 1, 2014.