Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7098
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-00232E-14                                         20147098__
    1                        A bill to be entitled                      
    2         An act relating to court-appointed counsel; amending
    3         s. 27.40, F.S.; eliminating the limited registry for
    4         private counsel willing to accept a flat fee; creating
    5         s. 27.401, F.S.; establishing the Cross-Circuit
    6         Conflict Representation Pilot Program in specified
    7         offices of the public defender and offices of criminal
    8         conflict and civil regional counsel; providing
    9         requirements for appointment of counsel in circuits
   10         and regions participating in the pilot program;
   11         requiring reports to be submitted by specified dates;
   12         requiring the Justice Administrative Commission to
   13         provide specified data; providing for future
   14         expiration of the pilot program; amending s. 27.5304,
   15         F.S.; increasing the statutory caps for certain flat
   16         fees in criminal cases; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 27.40, Florida
   21  Statutes, is amended to read:
   22         27.40 Court-appointed counsel; circuit registries; minimum
   23  requirements; appointment by court.—
   24         (3) In using utilizing a registry:
   25         (a) The chief judge of the circuit shall compile a list of
   26  attorneys in private practice, by county and by category of
   27  cases, and provide the list to the clerk of court in each
   28  county. The chief judge of the circuit may restrict the number
   29  of attorneys on the general registry list. To be included on a
   30  registry, an attorney must attorneys shall certify that he or
   31  she:
   32         1. Meets That they meet any minimum requirements
   33  established by the chief judge and by general law for court
   34  appointment;
   35         2. Is That they are available to represent indigent
   36  defendants in cases requiring court appointment of private
   37  counsel; and
   38         3. Is That they are willing to abide by the terms of the
   39  contract for services; and
   40         4. Whether they are willing to accept as full payment the
   41  flat fees prescribed in s. 27.5304, notwithstanding the
   42  provisions of s. 27.5304(12), except for cases brought under the
   43  Racketeer Influenced and Corrupt Organizations Act and capital
   44  cases as defined in s. 27.5304(5)(a)4.
   45  
   46  To be included on a registry, an attorney also must enter into a
   47  contract for services with the Justice Administrative
   48  Commission. Failure to comply with the terms of the contract for
   49  services may result in termination of the contract and removal
   50  from the registry. Each attorney on the registry is shall be
   51  responsible for notifying the clerk of the court and the Justice
   52  Administrative Commission of any change in his or her status.
   53  Failure to comply with this requirement is shall be cause for
   54  termination of the contract for services and removal from the
   55  registry until the requirement is fulfilled. In addition to
   56  general registries, the chief judge may establish limited
   57  registries that include only those attorneys willing to waive
   58  compensation in excess of the flat fee prescribed in s. 27.5304,
   59  notwithstanding the provisions of s. 27.5304(12).
   60         (b) The court shall appoint attorneys in rotating order in
   61  the order in which names appear on the applicable registry,
   62  unless the court makes a finding of good cause on the record for
   63  appointing an attorney out of order. If a chief judge
   64  establishes a limited registry of attorneys willing to waive
   65  compensation in excess of the flat fee, the court shall appoint
   66  attorneys from that limited registry unless there are no
   67  attorneys available to accept the appointment on the limited
   68  registry. The clerk of court shall maintain the registry and
   69  provide to the court the name of the attorney for appointment.
   70  An attorney not appointed in the order in which his or her name
   71  appears on the list shall remain next in order.
   72         (c) If the number of attorneys on the registry in a county
   73  or circuit for a particular category of cases is inadequate, the
   74  chief judge of the particular circuit shall provide to the clerk
   75  of court the names of at least three private attorneys who have
   76  relevant experience. The clerk of court shall send an
   77  application to each of these attorneys to register for
   78  appointment.
   79         (d) Quarterly, each chief judge shall provide a current
   80  copy of each registry to the Chief Justice of the Supreme Court,
   81  the state attorney and public defender in each judicial circuit,
   82  the office of criminal conflict and civil regional counsel, the
   83  clerk of court in each county, and the Justice Administrative
   84  Commission. Circuits utilizing a limited registry list as
   85  allowed by paragraph (a) shall include the race, gender, and
   86  national origin of all attorneys listed in and appointed under
   87  the limited registry.
   88         Section 2. Section 27.401, Florida Statutes, is created to
   89  read:
   90         27.401 Cross-Circuit Conflict Representation Pilot
   91  Program.—
   92         (1) The Cross-Circuit Conflict Representation Pilot Program
   93  is established in the offices of the public defender in the
   94  Sixth, Ninth, Tenth, and Thirteenth Judicial Circuits and in the
   95  offices of criminal conflict and civil regional counsel in the
   96  Second and Fifth Regions.
   97         (2) Notwithstanding ss. 27.40 and 27.5303:
   98         (a) If the public defender in the Thirteenth Judicial
   99  Circuit is unable to provide representation to an indigent
  100  defendant charged with a crime under s. 782.04(2), (3), or (4)
  101  due to a conflict of interest and the criminal conflict and
  102  civil regional counsel of the Second Region is also unable to
  103  provide representation for the case due to a conflict of
  104  interest, the public defender in the Sixth Judicial Circuit
  105  shall be appointed. If the public defender in the Sixth Judicial
  106  Circuit is unable to provide representation for the case due to
  107  a conflict of interest, the criminal conflict and civil regional
  108  counsel of the Fifth Region shall be appointed. If the criminal
  109  conflict and civil regional counsel of the Fifth Region is
  110  unable to provide representation for the case due to a conflict
  111  of interest, private counsel shall be appointed.
  112         (b) If the public defender in the Sixth Judicial Circuit is
  113  unable to provide representation to an indigent defendant
  114  charged with a crime under s. 782.04(2), (3), or (4) due to a
  115  conflict of interest and the criminal conflict and civil
  116  regional counsel of the Second Region is also unable to provide
  117  representation for the case due to a conflict of interest, the
  118  public defender in the Thirteenth Judicial Circuit shall be
  119  appointed. If the public defender in the Thirteenth Judicial
  120  Circuit is unable to provide representation for the case due to
  121  a conflict of interest, the criminal conflict and civil regional
  122  counsel of the Fifth Region shall be appointed. If the criminal
  123  conflict and civil regional counsel of the Fifth Region is
  124  unable to provide representation for the case due to a conflict
  125  of interest, private counsel shall be appointed.
  126         (c) If the public defender in the Ninth Judicial Circuit is
  127  unable to provide representation to an indigent defendant
  128  charged with a crime under s. 782.04(2), (3), or (4) due to a
  129  conflict of interest and the criminal conflict and civil
  130  regional counsel of the Fifth Region is also unable to provide
  131  representation for the case due to a conflict of interest, the
  132  public defender in the Tenth Judicial Circuit shall be
  133  appointed. If the public defender in the Tenth Judicial Circuit
  134  is unable to provide representation for the case due to a
  135  conflict of interest, the criminal conflict and civil regional
  136  counsel of the Second Region shall be appointed. If the criminal
  137  conflict and civil regional counsel of the Second Region is
  138  unable to provide representation for the case due to a conflict
  139  of interest, private counsel shall be appointed.
  140         (d) If the public defender in the Tenth Judicial Circuit is
  141  unable to provide representation to an indigent defendant
  142  charged with a crime under s. 782.04(2), (3), or (4) due to a
  143  conflict of interest and the criminal conflict and civil
  144  regional counsel of the Second Region is also unable to provide
  145  representation for the case due to a conflict of interest, the
  146  public defender in the Ninth Judicial Circuit shall be
  147  appointed. If the public defender in the Ninth Judicial Circuit
  148  is unable to provide representation for the case due to a
  149  conflict of interest, the criminal conflict and civil regional
  150  counsel of the Fifth Region shall be appointed. If the criminal
  151  conflict and civil regional counsel of the Fifth Region is
  152  unable to provide representation for the case due to a conflict
  153  of interest, private counsel shall be appointed.
  154         (3) The offices of the public defender in the Sixth, Ninth,
  155  Tenth, and Thirteenth Circuits and the offices of criminal
  156  conflict and civil regional counsel in the Second and Fifth
  157  Regions shall each provide a report on the implementation of the
  158  pilot program to the chairs of the legislative appropriations
  159  committees by March 1, 2015, and by March 1, 2016. At a minimum,
  160  the reports must include the number of cases transferred across
  161  circuits, the advantages and disadvantages of cross-circuit
  162  representation, the estimated cost savings of the pilot program,
  163  and recommendations to improve the pilot program. The Justice
  164  Administrative Commission shall provide data to assist with the
  165  estimated cost savings of the pilot program.
  166         (4) The Cross-Circuit Conflict Representation Pilot Program
  167  shall expire on June 30, 2016, unless otherwise provided by law.
  168  However, appointments made pursuant to this subsection before
  169  June 30, 2016, shall continue until completion of the case.
  170         Section 3. Paragraph (a) of subsection (5) of section
  171  27.5304, Florida Statutes, is amended to read:
  172         27.5304 Private court-appointed counsel; compensation;
  173  notice.—
  174         (5) The compensation for representation in a criminal
  175  proceeding shall not exceed the following:
  176         (a)1. For misdemeanors and juveniles represented at the
  177  trial level: $1,000.
  178         2. For noncapital, nonlife felonies represented at the
  179  trial level: $6,000 $2,500.
  180         3. For life felonies represented at the trial level: $9,000
  181  $3,000.
  182         4. For capital cases represented at the trial level:
  183  $25,000 $15,000. For purposes of this subparagraph, a “capital
  184  case” is any offense for which the potential sentence is death
  185  and the state has not waived seeking the death penalty.
  186         5. For representation on appeal: $9,000 $2,000.
  187         Section 4. This act shall take effect July 1, 2014.