HB 497

1
A bill to be entitled
2An act relating to classification and pay plans for public
3defenders; amending s. 27.53, F.S.; requiring that
4coordinated classification and pay plans for public
5defenders in each judicial circuit be developed in
6accordance with s. 216.181, F.S., notwithstanding that
7lump-sum salary bonuses, or other similar provisions of
8law or rule relating to government officials, may be
9provided only if specifically appropriated or provided for
10by law; authorizing public defenders to award lump-sum
11bonuses according to specified criteria; requiring
12reporting of payment of bonuses; amending s. 27.25, F.S.;
13requiring that coordinated classification and pay plans
14for state attorneys in all judicial circuits be developed
15in accordance with s. 216.181, F.S., notwithstanding that
16lump-sum salary bonuses, or other similar provisions of
17law or rule relating to government officials, may be
18provided only if specifically appropriated or provided for
19by law; authorizing state attorneys to award lump-sum
20bonuses according to specified criteria; requiring
21reporting of payment of bonuses; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (1) of section 27.53, Florida
27Statutes, is amended to read:
28     27.53  Appointment of assistants and other staff; method of
29payment.--
30     (1)  The public defender of each judicial circuit is
31authorized to employ and establish, in such numbers as
32authorized by the General Appropriations Act, assistant public
33defenders and other staff and personnel pursuant to s. 29.006,
34who shall be paid from funds appropriated for that purpose.
35Notwithstanding the provisions of s. 790.01, s. 790.02, or s.
36790.25(2)(a), an investigator employed by a public defender,
37while actually carrying out official duties, is authorized to
38carry concealed weapons if the investigator complies with s.
39790.25(3)(o). However, such investigators are not eligible for
40membership in the Special Risk Class of the Florida Retirement
41System. The public defenders of all judicial circuits shall
42jointly develop a coordinated classification and pay plan which
43shall be submitted on or before January 1 of each year to the
44Justice Administrative Commission, the office of the President
45of the Senate, and the office of the Speaker of the House of
46Representatives. Notwithstanding s. 216.181(10)(b) or any other
47similar provision of law or rule governing the judicial,
48executive, or legislative branches, such plan shall be developed
49in accordance with policies and procedures of the Executive
50Office of the Governor established in s. 216.181. End of fiscal
51year lump-sum salary bonuses may be awarded by a public defender
52from funds appropriated for salaries, with eligibility for such
53bonuses to be determined pursuant to the eligibility criteria in
54s. 110.1245(2)(b). Any public defender who authorizes lump-sum
55salary bonuses shall report the payment of such bonuses,
56including the date, amount, recipient, and the reasons and
57justification for his or her decision to award such bonuses,
58quarterly to the Justice Administrative Commission, the office
59of the President of the Senate, and the office of the Speaker of
60the House of Representatives. Each assistant public defender
61appointed by a public defender under this section shall serve at
62the pleasure of the public defender. Each investigator employed
63by a public defender shall have full authority to serve any
64witness subpoena or court order issued, by any court or judge
65within the judicial circuit served by such public defender, in a
66criminal case in which such public defender has been appointed
67to represent the accused.
68     Section 2. Subsection (1) of section 27.25, Florida
69Statutes, is amended to read.
70     27.25  State attorney authorized to employ personnel;
71funding formula.--
72     (1) The state attorney of each judicial circuit is
73authorized to employ and establish, in such number as is
74authorized by the General Appropriations Act, assistant state
75attorneys and other staff pursuant to s. 29.005.  The state
76attorneys of all judicial circuits shall jointly develop a
77coordinated classification and pay plan which shall be submitted
78on or before January 1 of each year to the Justice
79Administrative Commission, the office of the President of the
80Senate, and the office of the Speaker of the House of
81Representatives. Notwithstanding s. 216.181(10)(b) or any other
82similar provision of law or rule governing the judicial,
83executive, or legislative branches, such plan shall be developed
84in accordance with policies and procedures of the Executive
85Office of the Governor established pursuant to s. 216.181. End
86of fiscal year lump-sum salary bonuses may be awarded by the
87state attorney from funds appropriated for salaries, with
88eligibility for such bonuses to be determined pursuant to the
89eligibility criteria in s. 110.1245(2)(b), F.S. Any state
90attorney that authorizes lump-sum salary bonuses shall report
91the payment of such bonuses, including the date, amount,
92recipient, and the reasons and justification for his or her
93decision to award such bonuses, quarterly to the Justice
94Administrative Commission, the office of the President of the
95Senate, and the office of the Speaker of the House of
96Representatives.
97     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.