The Florida Senate

925.035  Appointment and compensation of an attorney in capital cases; appeals from judgments imposing the death penalty.--

(1)  If the court determines that the defendant in a capital case is insolvent and desires counsel, it shall appoint a public defender to represent the defendant. If the public defender appointed to represent two or more defendants found to be insolvent determines that neither the public defender nor her or his staff can counsel all of the accused without conflict of interest, it shall be the public defender's duty to move the court to appoint one or more members of The Florida Bar, who are in no way affiliated with the public defender in her or his capacity as such or in her or his private practice, to represent those accused. The attorney shall be allowed compensation, as provided for in s. 925.036 for representing a defendant.

(2)  If the defendant is convicted and the death sentence is imposed, the appointed attorney shall prosecute an appeal to the Supreme Court. The attorney shall be compensated as provided for in s. 925.036. If the attorney first appointed is unable to prosecute the appeal, the court shall appoint another attorney and the attorney shall be compensated as provided for in s. 925.036.

(3)  If there is a second trial of the same case, the appointed attorney shall be compensated as provided for in s. 925.036.

(4)  If the death sentence is imposed and is affirmed on appeal to the Supreme Court, the appointed attorney shall be allowed compensation, not to exceed $1,000, for attorney's fees and costs incurred in representing the defendant as to an application for executive clemency, such compensation to be paid out of general revenue from funds budgeted to the Department of Corrections. The public defender or an attorney appointed pursuant to this section may be appointed by the trial court that rendered the judgment imposing the death penalty, to represent an indigent defendant who has applied for executive clemency as relief from the execution of the judgment imposing the death penalty.

(5)  When the appointed attorney in a capital case has completed the duties imposed by this section, the attorney shall file a written report in the trial court stating the duties performed by her or him and apply for discharge.

(6)  All compensation and costs provided for in this section, except as provided in subsection (4), shall be paid by the county in which the trial is held unless the trial was moved to that county on the ground that a fair and impartial trial could not be held in another county, in which event the compensation and costs shall be paid by the original county from which the cause was removed.

History.--s. 157, ch. 19554, 1939; CGL 1940 Supp. 8663(164); s. 1, ch. 29656, 1955; s. 1, ch. 67-502; s. 70, ch. 70-339; ss. 2, 4, ch. 76-287; s. 1, ch. 77-243; s. 493, ch. 81-259; s. 3, ch. 81-273; s. 1559, ch. 97-102.

Note.--Former s. 909.21.