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The Florida Senate

2004 Florida Statutes

SECTION 036
Appointed counsel; compensation; reassignment of case prohibited.
Section 925.036, Florida Statutes 2004

1925.036  Appointed counsel; compensation; reassignment of case prohibited.--

(1)  An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation, be compensated at an hourly rate fixed by the chief judge or senior judge of the circuit in an amount not to exceed the prevailing hourly rate for similar representation rendered in the circuit; however, such compensation shall not exceed the maximum fee limits established by this section. In addition, such attorney shall be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the court. If the attorney is representing a defendant charged with more than one offense in the same case, the attorney shall be compensated at the rate provided for the most serious offense for which she or he represented the defendant. This section does not allow stacking of the fee limits established by this section.

(2)  The compensation for representation shall not exceed the following:

(a)  For misdemeanors and juveniles represented at the trial level: $1,000.

(b)  For noncapital, nonlife felonies represented at the trial level: $2,500.

(c)  For life felonies represented at the trial level: $3,000.

(d)  For capital cases represented at the trial level: $3,500.

(e)  For representation on appeal: $2,000.

(3)  An attorney appointed in lieu of the public defender to represent an indigent defendant may not reassign or subcontract the case to another attorney.

History.--s. 2, ch. 78-344; s. 11, ch. 80-376; s. 4, ch. 81-273; s. 1560, ch. 97-102; s. 6, ch. 97-107; s. 153, ch. 2003-402.

1Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.