Florida Senate - 2014             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2510
       
       
       
       
       
       
                                Ì878310{Î878310                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/02/2014 03:27 PM       .                                
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       The Conference Committee on SB 2510 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (3) of section 27.40, Florida
    7  Statutes, is amended to read:
    8         27.40 Court-appointed counsel; circuit registries; minimum
    9  requirements; appointment by court.—
   10         (3) In using utilizing a registry:
   11         (a) The chief judge of the circuit shall compile a list of
   12  attorneys in private practice, by county and by category of
   13  cases, and provide the list to the clerk of court in each
   14  county. The chief judge of the circuit may restrict the number
   15  of attorneys on the general registry list. To be included on a
   16  registry, an attorney must attorneys shall certify that he or
   17  she:
   18         1. Meets That they meet any minimum requirements
   19  established by the chief judge and by general law for court
   20  appointment;
   21         2. Is That they are available to represent indigent
   22  defendants in cases requiring court appointment of private
   23  counsel; and
   24         3. Is That they are willing to abide by the terms of the
   25  contract for services; and
   26         4. Whether they are willing to accept as full payment the
   27  flat fees prescribed in s. 27.5304, notwithstanding the
   28  provisions of s. 27.5304(12), except for cases brought under the
   29  Racketeer Influenced and Corrupt Organizations Act and capital
   30  cases as defined in s. 27.5304(5)(a)4.
   31  
   32  To be included on a registry, an attorney also must enter into a
   33  contract for services with the Justice Administrative
   34  Commission. Failure to comply with the terms of the contract for
   35  services may result in termination of the contract and removal
   36  from the registry. Each attorney on the registry is shall be
   37  responsible for notifying the clerk of the court and the Justice
   38  Administrative Commission of any change in his or her status.
   39  Failure to comply with this requirement is shall be cause for
   40  termination of the contract for services and removal from the
   41  registry until the requirement is fulfilled. In addition to
   42  general registries, the chief judge may establish limited
   43  registries that include only those attorneys willing to waive
   44  compensation in excess of the flat fee prescribed in s. 27.5304,
   45  notwithstanding the provisions of s. 27.5304(12).
   46         (b) The court shall appoint attorneys in rotating order in
   47  the order in which names appear on the applicable registry,
   48  unless the court makes a finding of good cause on the record for
   49  appointing an attorney out of order. If a chief judge
   50  establishes a limited registry of attorneys willing to waive
   51  compensation in excess of the flat fee, the court shall appoint
   52  attorneys from that limited registry unless there are no
   53  attorneys available to accept the appointment on the limited
   54  registry. The clerk of court shall maintain the registry and
   55  provide to the court the name of the attorney for appointment.
   56  An attorney not appointed in the order in which his or her name
   57  appears on the list shall remain next in order.
   58         (c) If the number of attorneys on the registry in a county
   59  or circuit for a particular category of cases is inadequate, the
   60  chief judge of the particular circuit shall provide to the clerk
   61  of court the names of at least three private attorneys who have
   62  relevant experience. The clerk of court shall send an
   63  application to each of these attorneys to register for
   64  appointment.
   65         (d) Quarterly, each chief judge shall provide a current
   66  copy of each registry to the Chief Justice of the Supreme Court,
   67  the state attorney and public defender in each judicial circuit,
   68  the office of criminal conflict and civil regional counsel, the
   69  clerk of court in each county, and the Justice Administrative
   70  Commission. The registry shall be provided to the Justice
   71  Administrative Commission in the form and manner provided by the
   72  commission Circuits utilizing a limited registry list as allowed
   73  by paragraph (a) shall include the race, gender, and national
   74  origin of all attorneys listed in and appointed under the
   75  limited registry.
   76         Section 2. Section 27.401, Florida Statutes, is created to
   77  read:
   78         27.401 Cross-Circuit Conflict Representation Pilot
   79  Program.-
   80         (1) The Cross-Circuit Conflict Representation Pilot Program
   81  is established in the offices of the public defender in the
   82  Tenth and Thirteenth Judicial Circuits and the office of the
   83  criminal conflict and civil regional counsel in the Fifth
   84  Region.
   85         (2) Notwithstanding ss. 27.40 and 27.5305:
   86         (a) If the public defender in the Tenth Judicial Circuit is
   87  unable to provide representation to an indigent defendant
   88  charged with a crime under s. 782.04(2), (3), or (4) due to a
   89  conflict of interest and the criminal conflict and civil
   90  regional counsel of the Second Region is also unable to provide
   91  representation for the case due to a conflict of interest, the
   92  public defender in the Thirteenth Judicial Circuit shall be
   93  appointed. If the public defender in the Thirteenth Judicial
   94  Circuit is unable to provide representation for the case due to
   95  a conflict of interest, the criminal conflict and civil regional
   96  counsel in the Fifth Region shall be appointed. If the criminal
   97  conflict and civil regional counsel in the Fifth Region is
   98  unable to provide representation due to a conflict of interest,
   99  private counsel shall be appointed.
  100         (b) If the public defender in the Thirteenth Judicial
  101  Circuit is unable to provide representation to an indigent
  102  defendant charged with a crime under s. 782.04(2), (3), or (4)
  103  due to a conflict of interest and the criminal conflict and
  104  civil regional counsel of the Second Region is also unable to
  105  provide representation for the case due to a conflict of
  106  interest, the public defender in the Tenth Judicial Circuit
  107  shall be appointed. If the public defender in the Tenth Judicial
  108  Circuit is unable to provide representation for the case due to
  109  a conflict of interest, the criminal conflict and civil regional
  110  counsel in the Fifth Region shall be appointed. If the criminal
  111  conflict and civil regional counsel in the Fifth Region is
  112  unable to provide representation due to a conflict of interest,
  113  private counsel shall be appointed.
  114         (3) The offices of the public defender in the Tenth and
  115  Thirteenth Judicial Circuits and the office of the criminal
  116  conflict and civil regional counsel in the Fifth Region shall
  117  each provide a report on the implementation of the pilot program
  118  to the chairs of the legislative appropriations committees by
  119  March 1, 2015, and by March 1, 2016. At a minimum, the reports
  120  must include the number of cases transferred across circuits,
  121  the advantages and disadvantages of cross-circuit
  122  representation, the estimated cost savings of the pilot program,
  123  and recommendations to improve the pilot program. The Justice
  124  Administrative Commission shall provide data to assist with the
  125  estimated cost savings of the pilot program.
  126         (4) The Cross-Circuit Conflict Representation Pilot Program
  127  shall expire on June 30, 2016, unless otherwise provided by law.
  128  However, appointments made pursuant to this section before June
  129  30, 2016, shall continue until completion of the case.
  130         Section 3. Paragraph (a) of subsection (5) and paragraphs
  131  (f) through (h) of subsection (12) of section 27.5304, Florida
  132  Statutes, are amended to read:
  133         27.5304 Private court-appointed counsel; compensation;
  134  notice.—
  135         (5) The compensation for representation in a criminal
  136  proceeding shall not exceed the following:
  137         (a)1. For misdemeanors and juveniles represented at the
  138  trial level: $1,000.
  139         2. For noncapital, nonlife felonies represented at the
  140  trial level: $6,000 $2,500.
  141         3. For life felonies represented at the trial level: $9,000
  142  $3,000.
  143         4. For capital cases represented at the trial level:
  144  $25,000 $15,000. For purposes of this subparagraph, a “capital
  145  case” is any offense for which the potential sentence is death
  146  and the state has not waived seeking the death penalty.
  147         5. For representation on appeal: $9,000 $2,000.
  148         (12) The Legislature recognizes that on rare occasions an
  149  attorney may receive a case that requires extraordinary and
  150  unusual effort.
  151         (f) For criminal cases only, if the court orders payment in
  152  excess of the flat fee established by law, fees shall be paid as
  153  follows:
  154         1. The flat fee shall be paid from funds appropriated to
  155  the Justice Administrative Commission in the General
  156  Appropriations Act.
  157         2. The amount ordered by the court in excess of the flat
  158  fee shall be paid by the Justice Administrative Commission in a
  159  special category designated for that purpose in the General
  160  Appropriations Act.
  161         3. If, during the fiscal year, all funds designated in the
  162  special category for payment under subparagraph 2. of the amount
  163  ordered by the court in excess of the flat fee are spent, the
  164  amount of payments in excess of the flat fee shall be made from
  165  the due process contingency funds, or other funds as necessary,
  166  appropriated to the Justice Administrative Commission state
  167  courts system in the General Appropriations Act. Funds from the
  168  state courts system must be used in a manner approved by the
  169  Chief Justice and administered by the Trial Court Budget
  170  Commission.
  171         (g) The Justice Administrative Commission shall provide to
  172  the Office of the State Courts Administrator monthly data by
  173  statewide uniform case number, attorney, and defendant name
  174  concerning:
  175         1. Private court-appointed cases opened;
  176         2. Cases paid and the amount of payment, including any
  177  amount in excess of the flat fee; and
  178         3. Cases for which compensation was waived.
  179         (g)(h) The Justice Administrative Commission shall provide
  180  monthly to the Office of the State Courts Administrator data
  181  concerning the number of cases approved for compensation in
  182  excess of the flat fee and the amount of these awards by circuit
  183  and by judge. The Justice Administrative Commission shall report
  184  the data quarterly in an electronic format to the chairs of the
  185  legislative appropriations committees and the Office of the
  186  State Courts Administrator.
  187         Section 4. This act shall take effect July 1, 2014.
  188  
  189  ================= T I T L E  A M E N D M E N T ================
  190  And the title is amended as follows:
  191         Delete everything before the enacting clause
  192  and insert:
  193                        A bill to be entitled                      
  194         An act relating to court-appointed counsel; amending
  195         s. 27.40, F.S.; eliminating the limited registry for
  196         private counsel willing to accept a flat fee; creating
  197         s. 27.401, F.S.; establishing the Cross-Circuit
  198         Conflict Representation Pilot Program in specified
  199         offices of the public defender and criminal conflict
  200         and civil regional counsel; providing requirements for
  201         appointment of counsel in the circuits and region
  202         participating in the pilot program; requiring reports
  203         to be submitted by specified dates; requiring the
  204         Justice Administrative Commission to provide specified
  205         data; providing for future expiration of the pilot
  206         program; amending s. 27.5304, F.S.; increasing the
  207         statutory caps for certain flat fees in criminal
  208         cases; eliminating a requirement for the state courts
  209         system to pay certain excess fees to court-appointed
  210         counsel from court funds; providing for the Justice
  211         Administrative Commission to make such payments from
  212         specified funds appropriated to the commission;
  213         eliminating a requirement for the commission to
  214         provide certain data on cases involving court
  215         appointed counsel and compensation of such counsel;
  216         providing an effective date.