Bill Text: FL S7048 | 2013 | Regular Session | Introduced

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Bill Title: Court-appointed Counsel

Spectrum: Committee Bill

Status: (N/A - Dead) 2013-04-04 - Submit as committee bill by Appropriations (SB 1508) [S7048 Detail]

Download: Florida-2013-S7048-Introduced.html

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       Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7048
       
       
       
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       576-01792-13                                          20137048__
    1                        A bill to be entitled                      
    2         An act relating to court-appointed counsel; amending
    3         s. 27.40, F.S.; eliminating limited registry
    4         provisions; amending s. 27.5304, F.S.; revising
    5         statutory caps for certain flat fees; providing an
    6         effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (3) of section 27.40, Florida
   11  Statutes, is amended to read:
   12         27.40 Court-appointed counsel; circuit registries; minimum
   13  requirements; appointment by court.—
   14         (3) In utilizing a registry:
   15         (a) The chief judge of the circuit shall compile a list of
   16  attorneys in private practice, by county and by category of
   17  cases, and provide the list to the clerk of court in each
   18  county. The chief judge of the circuit may restrict the number
   19  of attorneys on the general registry list. To be included on a
   20  registry, attorneys shall certify:
   21         1. That they meet any minimum requirements established by
   22  the chief judge and by general law for court appointment;
   23         2. That they are available to represent indigent defendants
   24  in cases requiring court appointment of private counsel; and
   25         3. That they are willing to abide by the terms of the
   26  contract for services.; and
   27         4. Whether they are willing to accept as full payment the
   28  flat fees prescribed in s. 27.5304, notwithstanding the
   29  provisions of s. 27.5304(12), except for cases brought under the
   30  Racketeer Influenced and Corrupt Organizations Act and capital
   31  cases as defined in s. 27.5304(5)(a)4.
   32  
   33  To be included on a registry, an attorney also must enter into a
   34  contract for services with the Justice Administrative
   35  Commission. Failure to comply with the terms of the contract for
   36  services may result in termination of the contract and removal
   37  from the registry. Each attorney on the registry is shall be
   38  responsible for notifying the clerk of the court and the Justice
   39  Administrative Commission of any change in his or her status.
   40  Failure to comply with this requirement is shall be cause for
   41  termination of the contract for services and removal from the
   42  registry until the requirement is fulfilled. In addition to
   43  general registries, the chief judge may establish limited
   44  registries that include only those attorneys willing to waive
   45  compensation in excess of the flat fee prescribed in s. 27.5304,
   46  notwithstanding the provisions of s. 27.5304(12).
   47         (b) The court shall appoint attorneys in rotating order in
   48  the order in which names appear on the applicable registry,
   49  unless the court makes a finding of good cause on the record for
   50  appointing an attorney out of order. If a chief judge
   51  establishes a limited registry of attorneys willing to waive
   52  compensation in excess of the flat fee, the court shall appoint
   53  attorneys from that limited registry unless there are no
   54  attorneys available to accept the appointment on the limited
   55  registry. The clerk of court shall maintain the registry and
   56  provide to the court the name of the attorney for appointment.
   57  An attorney not appointed in the order in which his or her name
   58  appears on the list shall remain next in order.
   59         (c) If the number of attorneys on the registry in a county
   60  or circuit for a particular category of cases is inadequate, the
   61  chief judge of the particular circuit shall provide to the clerk
   62  of court the names of at least three private attorneys who have
   63  relevant experience. The clerk of court shall send an
   64  application to each of these attorneys to register for
   65  appointment.
   66         (d) Quarterly, each chief judge shall provide a current
   67  copy of each registry to the Chief Justice of the Supreme Court,
   68  the state attorney and public defender in each judicial circuit,
   69  the office of criminal conflict and civil regional counsel, the
   70  clerk of court in each county, and the Justice Administrative
   71  Commission. Circuits utilizing a limited registry list as
   72  allowed by paragraph (a) shall include the race, gender, and
   73  national origin of all attorneys listed in and appointed under
   74  the limited registry.
   75         Section 2. Paragraph (a) of subsection (5) of section
   76  27.5304, Florida Statutes, is amended to read:
   77         27.5304 Private court-appointed counsel; compensation;
   78  notice.—
   79         (5) The compensation for representation in a criminal
   80  proceeding shall not exceed the following:
   81         (a)1. For misdemeanors and juveniles represented at the
   82  trial level: $1,000.
   83         2. For noncapital, nonlife felonies represented at the
   84  trial level: $2,500.
   85         3. For life felonies represented at the trial level: $9,000
   86  $3,000.
   87         4. For capital cases represented at the trial level:
   88  $25,000 $15,000. For purposes of this subparagraph, a “capital
   89  case” is any offense for which the potential sentence is death
   90  and the state has not waived seeking the death penalty.
   91         5. For representation on appeal: $9,000 $2,000.
   92         Section 3. This act shall take effect July 1, 2013.