Florida Senate - 2012                             CS for SB 2026
       
       
       
       By the Committees on Budget; and Budget Subcommittee on Criminal
       and Civil Justice Appropriations
       
       
       
       576-02072-12                                          20122026c1
    1                        A bill to be entitled                      
    2         An act relating to trust funds; re-creating the
    3         Capital Collateral Regional Counsel Trust Fund within
    4         the Justice Administrative Commission; amending s.
    5         27.715, F.S.; specifying sources of funds for the
    6         trust fund and providing its purpose; requiring that
    7         the capital collateral regional counsels administer
    8         the trust fund; deleting provisions relating to the
    9         termination of the trust fund, to conform; providing
   10         an effective date.
   11  
   12         WHEREAS, the Legislature wishes to extend the life of the
   13  Capital Collateral Regional Counsel Trust Fund within the
   14  Justice Administrative Commission, which is otherwise scheduled
   15  to be terminated pursuant to constitutional mandate, and
   16         WHEREAS, the Legislature has reviewed the trust fund before
   17  its scheduled termination date and has found that it continues
   18  to meet an important public purpose, and
   19         WHEREAS, the Legislature has found that existing public
   20  policy concerning the trust fund sets adequate parameters for
   21  its use, NOW, THEREFORE,
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. The Capital Collateral Regional Counsel Trust
   26  Fund within the Justice Administrative Commission, FLAIR number
   27  21-2-073, which is to be terminated pursuant to Section 19(f),
   28  Article III of the State Constitution on July 1, 2013, is re
   29  created.
   30         Section 2. Subsection (2) of section 27.715, Florida
   31  Statutes, is amended to read:
   32         27.715 Capital Collateral Regional Counsel Trust Fund.—
   33         (2) Funds credited to the Capital Collateral Regional
   34  Counsel Trust Fund consist of compensation and reimbursements
   35  received from the Federal Government pursuant to 18 U.S.C. s.
   36  3006A for legal representation in both state and federal capital
   37  postconviction proceedings to any person convicted and sentenced
   38  to death in this state who is without counsel due to indigency.
   39  The capital collateral regional counsels, administratively
   40  housed in the Justice Administrative Commission, shall
   41  administer this trust fund. In accordance with s. 19(f)(2), Art.
   42  III of the State Constitution, the Capital Collateral Regional
   43  Counsel Trust Fund shall, unless terminated sooner, be
   44  terminated on July 1, 2013. Before its scheduled termination,
   45  the trust fund shall be reviewed as provided in s. 215.3206(1)
   46  and (2).
   47         Section 3. This act shall take effect July 1, 2013.