The Florida Senate

27.005  Definitions.

27.0055  Official court reporters.

27.006  Court reporting services.

27.0061  Transcripts in criminal cases.

27.005  Definitions.--As used in parts II and III of this chapter, the following definitions include, but are not limited to:

(1)  "Communication services" includes postage, required printed documents, all data processing equipment, including terminals, modems, software, printers, wiring, and data lines, radio, courier, messenger and subpoena services, fax equipment and supplies, support services, and telegraph, including maintenance, supplies and line charges.

(2)  "Conflict attorney" means a private attorney assigned by the court to handle the case of a defendant who is indigent and who cannot be represented by the public defender due to a conflict of interest or due to the public defender's excessive caseload, as certified to the court by the public defender.

(3)  "Expert witnesses" includes any individual, firm, or service used by the prosecution or defense to provide information and consultation on specialized areas of art, science, profession, business, or other calling.

(4)  "Indigency examiner" means the person employed by the court or the board of county commissioners to assist the court in investigating and assessing the indigency of any person who applies for representation by the public defender or a conflict attorney.

(5)  "Library services" includes books, periodicals, automated legal research services and line charges, legal documents, and reference books and materials, including maintenance and supplies.

(6)  "Postindictment and postinformation deposition costs" includes any costs incurred through a deposition, including the use of expert witnesses.

(7)  "Pretrial" includes any case investigation cost incurred at any time prior to the disposition of a case, including preindictment costs.

(8)  "Pretrial consultation fees" includes any costs related to the testing, evaluation, investigation, or other case-related services and materials necessary to prosecute, defend, or dispose of a criminal case.

(9)  "Special assistant public defender" means an attorney who performs contractual legal work or voluntary legal work for the public defender, but who is not a full-time assistant public defender.

(10)  "Telephone services" includes any equipment, including fax, cellular telephones, pagers, computer lines, telephone switching equipment, and the maintenance, supplies, software, and line charges necessary for operation.

(11)  "Transportation services" includes the cost of operating any vehicle, aircraft, or watercraft, including gasoline, oil, and maintenance costs, any witness travel expenses, and any witness services.

(12)  "Travel expenses" includes costs incurred under s. 112.061 by the state attorney or public defender, or their designated employees, while on travel prior to the final disposition of a case.

History.--s. 1, ch. 91-303; s. 1, ch. 97-107.

27.0055  Official court reporters.--

(1)  The term "official court reporter" means any individual appointed as an official court reporter pursuant to former chapter 29 prior to the effective date of this act.

(2)  It shall not constitute a violation of chapter 112 for an official court reporter to either directly or indirectly purchase, rent, or utilize any goods or services for any court reporting firm in which the official court reporter is an officer, partner, director, or proprietor, or in which the official court reporter has a material interest.

(3)  It shall not constitute a violation of chapter 112 for an official court reporter to have or hold any employment or contractual relationship with any business entity or agency which is subject to the regulation of, or is doing business with, any agency of which the court reporter is an officer or employee.

(4)  The provisions of this section shall take effect upon becoming a law and shall apply to any individual appointed as an official court reporter prior to the effective date of this section for those actions listed in subsections (2) and (3) above.

History.--s. 1, ch. 95-286; s. 10, ch. 99-2.

27.006  Court reporting services.--

(1)  State general revenue funds appropriated for purposes of court reporting shall be paid to the counties in accordance with the provisions of the General Appropriations Act.

(2)  The funds necessary to pay the cost of reporting in criminal proceedings shall be supplemented by the respective counties as necessary to provide competent reporters in such proceedings.

History.--s. 3, ch. 95-286.

27.0061  Transcripts in criminal cases.--Upon the demand of the state attorney, or the presiding judge in any criminal case, or the defendant within the time allowed for taking an appeal and for the purpose of taking an appeal in a criminal case, the court reporter shall furnish with reasonable diligence a transcript of the testimony and proceedings; and the costs for same shall be taxed as costs in the case.

History.--s. 4, ch. 95-286.

27.01  State attorneys; number, election, terms.

27.015  Private practice prohibited.

27.02  Duties before court.

27.03  Duties before grand jury.

27.04  Summoning and examining witnesses for state.

27.05  Assisting Attorney General.

27.06  Habeas corpus and preliminary trials.

27.08  State claims; surrender of papers to successor.

27.10  Obligation as to claims; how discharged.

27.11  Report upon claims committed to state attorney.

27.12  Power to compromise.

27.13  Completion of compromise.

27.14  Assigning state attorneys to other circuits.

27.15  State attorneys to assist in other circuits.

27.151  Confidentiality of specified executive orders; criteria.

27.16  Appointment of acting state attorney.

27.18  Assistant to state attorney.

27.181  Assistant state attorneys; appointment, term; powers and duties; compensation.

27.182  Salary discrimination based on gender or race; review within the office of state attorney.

27.25  State attorney authorized to employ personnel; funding formula.

27.251  Special organized crime investigators.

27.255  Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.

27.271  Per diem and mileage for state attorneys and assistant state attorneys.

27.33  Submission of annual budget.

27.34  Salaries and other related costs of state attorneys' offices; limitations.

27.345  State Attorney RICO Trust Fund; authorized use of funds; reporting.

27.3451  State Attorney's Forfeiture and Investigative Support Trust Fund.

27.3455  Annual statement of certain revenues and expenditures.

27.35  Salaries of state attorneys.

27.36  Office of Prosecution Coordination.

27.365  Florida Prosecuting Attorneys Association; annual report regarding prosecutions.

27.366  Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3); report.

27.38  Budget transfer authority.

27.01  State attorneys; number, election, terms.--There shall be a state attorney for each of the judicial circuits, who shall be elected at the general election by the qualified electors of their respective judicial circuits as other state officials are elected, and who shall serve for a term of 4 years.

History.--s. 1, ch. 5120, 1903; GS 1796; ss. 1, chs. 6197, 6198, 1911; RGS 3026; CGL 4769; ss. 1, 5-A, ch. 17085, 1935; s. 1, ch. 26761, 1951.

27.015  Private practice prohibited.--All state attorneys elected to said office after November 1, 1970, shall be so elected on a full-time basis and shall be prohibited from the private practice of law while holding said office.

History.--s. 1, ch. 70-79.

27.02  Duties before court.--The state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party, except as provided in chapters 39, 984, and 985. The intake procedures of chapters 39, 984, and 985 shall apply as provided therein.

History.--s. 3, ch. 1661, 1868; RS 1344; GS 1779; RGS 3005; CGL 4739; s. 5, ch. 72-404; s. 7, ch. 90-208; s. 116, ch. 95-147; s. 4, ch. 98-280.

27.03  Duties before grand jury.--Whenever required by the grand jury, the state attorney shall attend them for the purpose of examining witnesses in their presence, or of giving legal advice in any matter before them; and he or she shall prepare bills of indictment.

History.--s. 4, ch. 1661, 1868; RS 1345; GS 1780; RGS 3006; CGL 4740; s. 117, ch. 95-147.

27.04  Summoning and examining witnesses for state.--The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or her court to summon witnesses from throughout the state to appear before the state attorney in or out of term time at such convenient places in the state attorney's judicial circuit and at such convenient times as may be designated in the summons, to testify before him or her as to any violation of the criminal law upon which they may be interrogated, and he or she is empowered to administer oaths to all witnesses summoned to testify by the process of his or her court or who may voluntarily appear before the state attorney to testify as to any violation or violations of the criminal law.

History.--s. 2, ch. 2094, 1877; RS 1346; GS 1781; s. 10, ch. 7838, 1919; RGS 3007; CGL 4741; s. 1, ch. 22634, 1945; s. 1, ch. 57-290; s. 118, ch. 95-147.

27.05  Assisting Attorney General.--In addition to the duties now imposed upon the several state attorneys of this state, by statute, they shall assist the Attorney General in the preparation and presentation of all appeals to the Supreme Court, from the circuit court of their respective circuits, of all cases, civil or criminal, in which the state is a party.

History.--s. 1, ch. 5399, 1905; RGS 3008; CGL 4742.

27.06  Habeas corpus and preliminary trials.--The several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their respective circuits, and shall also represent the state, either in person or by assistant, in cases of preliminary trials of persons charged with capital offenses in all cases where the committing magistrate shall have given due and timely notice of the time and place of such trial. Notice of the application for the writ of habeas corpus shall be given to the prosecuting officer of the court wherein the statute under attack is being applied, the criminal law proceeding is being maintained, or the conviction has occurred.

History.--s. 3, ch. 5399, 1905; RGS 3010; CGL 4746; s. 4, ch. 29737, 1955; s. 4, ch. 73-334.

27.08  State claims; surrender of papers to successor.--Upon the qualification of the successor of any state attorney, the state attorney going out of office shall deliver to his or her successor a statement of all cases for the collection of money in favor of the state under his or her control and the papers connected with the same, and take his or her receipt for the same, which receipt, when filed with the Department of Banking and Finance, shall release such state attorney from any further liability to the state upon the claims receipted for; and the state attorney receiving the claims shall be liable in all respects for the same, as provided against state attorneys in s. 17.20.

History.--s. 4, ch. 1413, 1863; RS 1353; GS 1782; RGS 3018; CGL 4754; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 119, ch. 95-147.

27.10  Obligation as to claims; how discharged.--The charges mentioned in s. 17.20 shall be evidence of indebtedness on the part of any state attorney against whom any charge is made for the full amount of such claim to the state until the same shall be collected and paid into the treasury or sued to insolvency, which fact of insolvency shall be certified by the circuit judge of his or her circuit, unless said state attorney shall make it fully appear to the Department of Banking and Finance that the failure to collect the same did not result from his or her neglect.

History.--s. 2, ch. 1413, 1863; RS 1348; GS 1783; RGS 3013; CGL 4749; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 120, ch. 95-147.

27.11  Report upon claims committed to state attorney.--The state attorney shall make a report to the Comptroller on the first Monday in January and July in each and every year of the condition of all claims placed in his or her hands or which the state attorney may have been required to prosecute and collect, whether the same is in suit or in judgment, or collected, and the probable solvency or insolvency of claims not collected, and shall at the same time pay over all moneys which he or she may have collected belonging to the state; and the Comptroller shall not audit or allow any claim which any state attorney may have against the state for services until he or she makes the report herein required.

History.--s. 3, ch. 1413, 1863; RS 1349; GS 1784; RGS 3014; CGL 4750; s. 121, ch. 95-147.

27.12  Power to compromise.--

(1)  The state attorney may, with the approval of the Department of Banking and Finance, compromise and settle all judgments, claims, and demands in favor of the state in his or her circuit against defaulting collectors of revenue, sheriffs and other officers, and the sureties on their bonds, on such terms as the state attorney may deem equitable and proper.

(2)  Any such compromise or settlement may be made with any of the sureties of such defaulting officer as to his or her individual liability, and a receipt to such surety shall be a discharge of his or her obligation; but the discharge of one or more of the sureties so compromised and settled with shall not operate as a discharge of the principal or other sureties from the judgment, claim, or demand in favor of the state.

History.--s. 1, ch. 3236, 1881; RS 1351; GS 1786; RGS 3016; CGL 4752; ss. 12, 35, ch. 69-106; s. 122, ch. 95-147.

27.13  Completion of compromise.--The state attorney shall, on agreeing to any compromise or settlement, report the same to the Department of Banking and Finance for its approval; and, on its approving such compromise or settlement, the said state attorney, on a compliance with the terms of such compromise or settlement shall give a receipt to the collector of revenue, sheriff or other officer, or the sureties on their bonds, or to the legal representatives, which receipt shall be a discharge from all judgments, claims or demands of the state against such collector of revenue or other officer, or the sureties on their bonds.

History.--s. 2, ch. 3236, 1881; RS 1352; GS 1787; RGS 3017; CGL 4753; ss. 12, 35, ch. 69-106.

27.14  Assigning state attorneys to other circuits.--

(1)  If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment.

(2)  If the statewide prosecutor in charge of the Office of Statewide Prosecution determines that he or she is not qualified to represent the state in any investigation, case, or matter pending in the courts of the state or if a court of competent jurisdiction disqualifies him or her from representing the state, the Governor may, by executive order filed with the Department of State, order an assignment of any state attorney to discharge the duties of such prosecutor with respect to one or more specified investigations, cases, or matters, generally described in the order. The assignment of any state attorney shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such assignment.

(3)  Whenever a state attorney is exchanged or assigned, he or she may designate one or more of his or her assistant state attorneys and state attorney investigators to perform the duties assigned under the executive order.

History.--s. 2, ch. 5399, 1905; RGS 3009; CGL 4743; s. 1, ch. 69-1736; s. 4, ch. 73-334; s. 1, ch. 74-627; s. 1, ch. 75-193; s. 1, ch. 83-111; s. 2, ch. 85-179; s. 3, ch. 87-224; s. 123, ch. 95-147; s. 1, ch. 96-256.

27.15  State attorneys to assist in other circuits.--

(1)  The Governor of the state may for good and sufficient reasons require any state attorney in the state to proceed to any place in the state and assist the state attorney holding office in the circuit where such place is located in the discharge of any of the duties of such state attorney. Any state attorney in this state who shall be so directed by the Governor to go and assist any other state attorney in the discharge of his or her duties shall immediately proceed to the place designated and assist the state attorney of the circuit in which such place is located in the performance of duties.

(2)  When any state attorney is required to go beyond the limits of the circuit in which he or she holds office to comply with this section or on other official business performed at the direction of the Governor, the expenses incurred shall be borne by the state and shall be paid from the appropriation provided by the state for circuit courts.

History.--ss. 1, 2, ch. 8571, 1921; CGL 4744, 4745; s. 24, ch. 57-1; s. 1, ch. 67-324; s. 2, ch. 69-1736; s. 124, ch. 95-147.

27.151  Confidentiality of specified executive orders; criteria.--

(1)  If the Governor provides in an executive order issued pursuant to s. 27.14 or s. 27.15 that the order or a portion thereof is confidential, the order or portion so designated, the application of the Governor to the Supreme Court and all proceedings thereon, and the order of the Supreme Court shall be confidential and exempt from the provisions of s. 119.07(1).

(2)  The Governor shall base his or her decision to make an executive order confidential on the criteria set forth in ¹s. 119.14.

(3)  To maintain the confidentiality of the executive order, the state attorney, upon entering the circuit of assignment, shall immediately have the executive order sealed by the court prior to filing it with the clerk of the circuit court. The Governor may make public any executive order issued pursuant to s. 27.14 or s. 27.15 by a subsequent executive order, and at the expiration of a confidential executive order or any extensions thereof, the executive order and all associated orders and reports shall be open to the public pursuant to chapter 119 unless the information contained in the executive order is confidential pursuant to the provisions of chapter 39, chapter 415, chapter 984, or chapter 985.

History.--s. 2, ch. 75-193; s. 1, ch. 86-76; s. 7, ch. 90-360; s. 12, ch. 91-57; s. 125, ch. 95-147; s. 5, ch. 95-196; s. 10, ch. 96-406; s. 5, ch. 98-280.

¹Note.--Repealed by s. 1, ch. 95-217.

27.16  Appointment of acting state attorney.--Whenever there shall be a vacancy in the office of the state attorney in any of the judicial circuits of this state, either by nonappointment or otherwise, or if a state attorney shall not be present at any regular or special term of the courts of his or her circuit or, being present, shall from any cause be unable to perform the duties of office or shall be disqualified to act in any particular case, the circuit judge of his or her judicial circuit shall have full power to appoint a prosecuting officer from among the members of the bar, with the consent of the member so appointed, to whom shall be administered an oath to faithfully discharge the duties of state attorney, and who shall have as full and complete authority, and whose acts shall be in all respects as valid as a regularly appointed state attorney. He or she shall sign all indictments and other documents as "acting state attorney." The power of the appointee shall cease upon the cessation of the inability or disqualification of the state attorney or the completion of the appointee's duties in any particular case.

History.--s. 1, ch. 1726, 1869; s. 2, ch. 1996, 1874; RS 1354; s. 1, ch. 4899, 1901; GS 1789; RGS 3019; CGL 4755; s. 1, ch. 69-212; s. 4, ch. 73-334; s. 126, ch. 95-147.

27.18  Assistant to state attorney.--The state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount of the state business renders it necessary, either in the grand jury room to advise them upon legal points and framing indictments, or in court to prosecute criminals; but, such assistant shall not be authorized to sign any indictments or administer any oaths, or to perform any other duty except the giving of legal advice, drawing up of indictments, and the prosecuting of criminals in open court. His or her compensation shall be paid by the state attorney and not by the state.

History.--s. 1, ch. 2099, 1877; RS 1355; GS 1791; RGS 3021; CGL 4757; s. 127, ch. 95-147.

27.181  Assistant state attorneys; appointment, term; powers and duties; compensation.--

(1)  Upon the expiration of the term of office being served by each assistant state attorney who holds such office on the date this act becomes effective, such office shall stand abolished. Also, each office of assistant state attorney not held by an incumbent on the date this act becomes effective shall stand abolished on the effective date hereof. Upon the abolition of any office of assistant state attorney under the provisions of this act, there shall thereupon be a position of assistant state attorney in lieu of such office. The state attorney of the judicial circuit in which any such position is created shall appoint an assistant state attorney to hold such position and shall thereafter fill by appointment such vacancies in such position as may from time to time occur. For the purposes of this act, the term of office being served by an assistant state attorney on the effective date of this act shall be deemed to have expired if it expires by reason of the passage of time or if he or she should die or resign or be removed from office during such term. In the event that any position of assistant state attorney, with a salary to be paid from state funds, shall hereafter be created by law in addition to the positions provided for by this act, the state attorney of the judicial circuit for which such additional position is created shall fill the same, and all vacancies therein, by appointment.

(2)  Each assistant state attorney appointed by a state attorney under the authorization of this act shall serve during the pleasure of the state attorney appointing him or her. Each such appointment shall be in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. No such appointee shall perform any of the duties of assistant state attorney until he or she shall have taken and subscribed to a written oath that he or she will faithfully perform the duties of assistant state attorney and shall have caused the same to be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. Upon the recordation of such appointment and oath, the appointing state attorney shall promptly cause certified copies thereof to be transmitted to the Secretary of State. When any such appointment shall be revoked, the revocation thereof shall be made in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointment is recorded, and the state attorney executing the same shall forthwith cause a certified copy thereof to be transmitted to the Secretary of State. If any such appointee dies or resigns, the appointing state attorney shall promptly give written notice of such death or resignation to the Secretary of State.

(3)  Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the duties of the state attorney appointing him or her, under the direction of said state attorney. No such assistant state attorney may sign informations unless specifically designated to do so by the state attorney. He or she shall sign indictments, informations, and other official documents, as assistant state attorney, and, when so signed, the same shall have the same force and effect as if signed by the state attorney.

(4)  Until otherwise provided by law, each assistant state attorney appointed by a state attorney under the authorization of this section shall receive the allowances for expenses provided by law at the time of appointment, to be paid in accordance with such law. The salary for each assistant state attorney shall be set by the state attorney of the same judicial circuit in an amount not to exceed 100 percent of that state attorney's salary and shall be paid from funds appropriated for that purpose. However, the assistant state attorneys who serve in less than a full-time capacity shall be compensated for services performed in an amount in proportion to the salary allowed for full-time services.

History.--ss. 1, 2, 3, 4, 6, ch. 67-188; s. 1, ch. 72-326; s. 14, ch. 73-299; s. 1, ch. 80-244; s. 3, ch. 81-230; s. 128, ch. 95-147; s. 9, ch. 95-312.

27.182  Salary discrimination based on gender or race; review within the office of state attorney.--Each state attorney shall undertake an annual review of compensation policies for the position of assistant state attorney. Within the context of comparable skills, experience, and responsibility, any inequities found to exist on the basis of gender or race shall be eliminated.

History.--s. 7, ch. 91-74.

27.25  State attorney authorized to employ personnel; funding formula.--

(1)  The state attorney of each judicial circuit is authorized to employ and establish, in such number as he or she shall determine, assistant state attorneys, investigators, and clerical, secretarial, and other personnel, who shall be paid from funds appropriated for that purpose. The state attorneys of all judicial circuits shall jointly develop a coordinated classification and pay plan which shall be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181.

(2)  The state attorney of each judicial circuit is authorized to employ an executive director. The salary of the executive director shall be set by the state attorney in accordance with the policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181 and shall not exceed 90 percent of the state attorney's salary. The duties of the executive director shall be as prescribed by the state attorney.

(3)  In any judicial circuit where a court reporter is not available, any stenographer employed by a state attorney is authorized and may be required to perform the services of a court reporter and shall be entitled to receive the per diem and fees provided by law for such services.

(4)  All payments for the salary of the state attorney and the necessary expenses of office, including salaries of deputies, assistants, and staff, shall be considered as being for a valid public purpose.

(5)  The appropriations for the offices of state attorneys shall be determined by a funding formula based on population and such other factors as may be deemed appropriate in a manner to be determined by this subsection and any subsequent appropriations act.

History.--ss. 1, 2, ch. 17261, 1935; CGL 1936 Supp. 4759(9); s. 1, ch. 18147, 1937; s. 1, ch. 18148, 1937; s. 1, ch. 22188, 1943; s. 1, ch. 22905, 1945; ss. 2, 3, ch. 25243, 1949; s. 1, ch. 29952, 1955; s. 1, ch. 57-301; s. 5, ch. 67-324; s. 4, ch. 69-212; s. 1, ch. 69-257; s. 2, ch. 72-326; s. 1, ch. 73-215; s. 2, ch. 79-344; s. 1, ch. 81-230; s. 1, ch. 87-85; s. 129, ch. 95-147.

27.251  Special organized crime investigators.--The state attorney of each judicial circuit is authorized to employ any municipal or county police officer or sheriff's deputy on a full-time basis as an investigator for the state attorney's office with full powers of arrest throughout the judicial circuit provided such investigator serves on a special task force to investigate matters involving organized crime, and, provided further, that the salary of such municipal or county police officer or sheriff's deputy shall be paid by the city, county, or sheriff by which the investigator is principally employed, and with the consent of the county, sheriff, or municipality. The arrest powers granted herein shall be exercised only in the furtherance of the conduct of the business of the special task force to which such municipal or county police officer or sheriff's deputy is assigned by the said state attorney.

History.--ss. 1, 4, ch. 78-227; s. 130, ch. 95-147; s. 6, ch. 95-196.

27.255  Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.--

(1)  Each investigator employed on a full-time basis by a state attorney and each special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 is hereby declared to be a law enforcement officer of the state and a conservator of the peace, under the direction and control of the state attorney who employs him or her, with full powers of arrest, in accordance with the laws of this state. Such investigator may arrest any person for violation of state law or applicable county or city ordinances when such violation occurs within the boundaries of the judicial circuit served by the state attorney employing the investigator, except that arrests may be made out of said judicial circuit when hot pursuit originates within said judicial circuit. Such investigator shall, within the boundaries of the judicial circuit served by such state attorney, have full authority to serve any arrest warrant, search warrant, capias, or court order issued by any court or judge within such judicial circuit in a criminal case, or in connection with a criminal investigation, when the same is directed to him or her. The investigator may serve, anywhere within the state, a witness subpoena issued by any court or judge within the state or issued in connection with a criminal investigation that arises anywhere within the state, provided that prior notice is given to the sheriff in whose county service will be attempted; however, failure to provide this notice to the sheriff does not affect the validity of the service. The investigator may carry weapons on or about his or her person in the same manner as other law enforcement officers.

(2)  All investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall meet the minimum standards established by the Criminal Justice Standards and Training Commission of the Department of Law Enforcement for the employment and training of law enforcement officers under chapter 943, except that investigators employed by a state attorney on July 1, 1974, shall not be required to meet such standards.

(3)  In the performance of any of the powers, duties, and functions authorized by law or this section, investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers.

¹(4)  Any full-time investigator employed by the state attorney and any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 shall, before entering into the performance of duties, take and file the oath as prescribed in s. 5, Art. II of the State Constitution. The state attorney may require any full-time investigator employed by the state attorney or any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 to give a bond conditioned on the faithful performance of the investigator's duties.

History.--s. 1, ch. 70-275; s. 1, ch. 74-260; s. 2, ch. 78-227; s. 5, ch. 79-8; s. 2, ch. 83-167; s. 131, ch. 95-147; s. 2, ch. 96-256; s. 6, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

27.271  Per diem and mileage for state attorneys and assistant state attorneys.--

(1)  Each state attorney and assistant state attorney shall be entitled to receive per diem and mileage as provided in s. 112.061, for travel on official business within or outside the state.

(2)  This section shall not be construed to allow mileage or per diem for travel by any state attorney or assistant state attorney between home and the courthouse designated as the travel headquarters of said state attorney or assistant state attorney or for time spent at the county seat of the county in which he or she resides.

History.--ss. 1, 2, 3, 4, ch. 29951, 1955; s. 19, ch. 63-400; ss. 6, 7, ch. 67-324; s. 3, ch. 73-215; s. 132, ch. 95-147.

27.33  Submission of annual budget.--

(1)  On or before November 15, annually, prior to the meeting of the Legislature, each state attorney shall submit to the Executive Office of the Governor a written report containing an estimate in itemized form showing the amount needed for operational expenses for the year beginning July 1, thereafter. Each such estimate shall itemize the expenditures required for the state attorney submitting it and for his or her assistants, as follows:

(a)  Salary of state attorney.

(b)  Salaries of assistant state attorneys.

(c)  Salaries of stenographers.

(d)  Salaries and travel expenses of investigators.

(e)  Travel expenses of state attorney and assistant state attorneys.

(f)  Office equipment.

(g)  Stationery, stamps, telephone and telegraph service, and the printing of necessary legal forms.

(h)  Other necessary expenses of state attorney and assistants.

(i)  Reserve for contingencies.

(2)  The form of such reports shall be prescribed by the Executive Office of the Governor and shall be as nearly uniform as may be.

(3)  No such report shall include any amount for any expense which is required by statute to be paid from county funds.

(4)  After this act takes effect as law, all of the provisions of chapter 216, which relate to the budgets and expenses of state officers shall be applicable to state attorneys and their budgets and expenses.

History.--ss. 1, 2, 3, ch. 63-440; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106; s. 1, ch. 73-305; s. 14, ch. 73-333; s. 83, ch. 79-190; s. 133, ch. 95-147.

27.34  Salaries and other related costs of state attorneys' offices; limitations.--

(1)  No county or municipality shall appropriate or contribute funds to the operation of the various state attorneys, except that a county or municipality may appropriate or contribute funds to pay the salary of one assistant state attorney whose sole function shall be to prosecute violations of special laws or ordinances of the county or municipality and may provide persons employed by the county or municipality to the state attorney to serve as special investigators pursuant to the provisions of s. 27.251. However, any county or municipality may contract with the state attorney of the judicial circuit in which such county or municipality is located for the prosecution of violations of county or municipal ordinances. In addition, a county or municipality may appropriate or contribute funds to pay the salary of one or more assistant state attorneys who are trained in the use of the civil and criminal provisions of the Florida RICO Act, chapter 895, and whose sole function is to investigate and prosecute civil and criminal RICO actions when one or more offenses identified in s. 895.02(1)(a) occur within the boundaries of the municipality or county.

(2)  The state attorneys shall be provided by the counties within their judicial circuits with such office space, utilities, telephone service, custodial services, library services, transportation services, and communication services as may be necessary for the proper and efficient functioning of these offices, except as otherwise provided in the General Appropriations Act. The state attorney's office shall also be provided with pretrial consultation fees for expert or other potential witnesses consulted before trial by the state attorney; travel expenses incurred in criminal cases by a state attorney in connection with out-of-jurisdiction depositions; out-of-state travel expenses incurred by assistant state attorneys or by investigators of state attorneys while attempting to locate and interrogate witnesses for the state attorney in the prosecution of a criminal case; court reporter costs incurred by the state attorney during the course of an investigation and criminal prosecution which costs are certified by the state attorney as being useful and necessary in the prosecution, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought; postindictment and postinformation deposition costs incurred by the state attorney during the course of a criminal prosecution of an insolvent defendant when such costs are certified by the state attorney as being useful and necessary in the prosecution, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought; and the cost of copying depositions of state witnesses taken by the public defender, court-appointed counsel, or private retained counsel, when such costs are certified by the state attorney as being useful and necessary in the prosecution, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought. The office space to be provided by the counties shall not be less than the standards for space allotment adopted by the Department of Management Services, nor shall these services and office space be less than were provided in the prior fiscal year.

(3)  It is hereby prohibited for any state attorney to receive from any county or municipality any supplemental salary. However in judicial circuits with a population of 1 million or more, state attorneys presently holding office and now receiving a county supplement may continue to receive a county salary supplement at the discretion of the counties for the remainder of their term of office.

(4)  Notwithstanding s. 27.25, the Insurance Commissioner may contract with the state attorney of any judicial circuit of the state for the prosecution of criminal violations of the Workers' Compensation Law and related crimes and may contribute funds for such purposes. Such contracts may provide for the training, salary, and expenses of one or more assistant state attorneys used in the prosecution of such crimes.

History.--s. 3, ch. 72-326; s. 1, ch. 72-734; s. 2, ch. 73-215; s. 1, ch. 77-164; s. 3, ch. 78-227; s. 3, ch. 79-344; s. 1, ch. 85-213; s. 2, ch. 87-139; s. 1, ch. 88-280; s. 139, ch. 92-279; s. 55, ch. 92-326; s. 105, ch. 93-415; s. 79, ch. 94-209; s. 8, ch. 96-252; s. 7, ch. 96-260; s. 25, ch. 96-388; s. 4, ch. 97-78; s. 8, ch. 97-235.

27.345  State Attorney RICO Trust Fund; authorized use of funds; reporting.--

(1)  Subject to the provisions of s. 895.09, when a state attorney files an action pursuant to s. 895.05, funds provided to the state attorney pursuant to s. 895.09(2)(a) or, alternatively, attorneys' fees and costs, whichever is greater, shall be deposited in the State Attorney RICO Trust Fund.

(2)  There is created for each of the several state attorneys a trust fund to be known as the State Attorney RICO Trust Fund. The amounts awarded to a state attorney pursuant to this section shall be deposited in the trust fund for that state attorney. Funds deposited in such trust fund shall be used, when authorized by appropriation or action of the Executive Office of the Governor pursuant to s. 216.181(10), for investigation, prosecution, and enforcement by that state attorney of civil or criminal causes of action arising under the provisions of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act.

(3)  Each state attorney shall report to the Executive Office of the Governor annually by November 15, commencing in 1985, the amounts recovered pursuant to this section for the previous fiscal year.

History.--s. 3, ch. 84-249; s. 2, ch. 86-277; s. 3, ch. 89-102; s. 7, ch. 95-196; s. 3, ch. 95-280.

27.3451  State Attorney's Forfeiture and Investigative Support Trust Fund.--There is created for each of the several state attorneys a trust fund to be known as the State Attorney's Forfeiture and Investigative Support Trust Fund. Revenues received by a state attorney as a result of forfeiture proceedings, as provided under s. 932.704, shall be deposited in such trust fund and shall be used, when authorized by appropriation or action of the Executive Office of the Governor pursuant to s. 216.181(10), for the investigation of crime, prosecution of criminals, or other law enforcement purposes.

History.--s. 1, ch. 89-307; s. 4, ch. 95-280.

27.3455  Annual statement of certain revenues and expenditures.--

(1)  Each county shall submit annually to the Comptroller and the Auditor General a statement of revenues and expenditures as set forth in this section in the form and manner prescribed by the Comptroller in consultation with the Legislative Committee on Intergovernmental Relations, provided that such statement identify total county expenditures on:

(a)  Medical examiner services.

(b)  County victim witness programs.

(c)  Each of the services outlined in ss. 27.34(2) and 27.54(3).

(d)  Appellate filing fees in criminal cases in which an indigent defendant appeals a judgment of a county or circuit court to a district court of appeal or the Florida Supreme Court.

(e)  Other court-related costs of the state attorney and public defender that were paid by the county where such costs were included in a judgment or order rendered by the trial court against the county.

Such statement also shall identify the revenues provided by s. 938.05(1) that were used to meet or reimburse the county for such expenditures.

(2)(a)  Within 6 months of the close of the local government fiscal year, each county shall submit to the Comptroller a statement of compliance from its independent certified public accountant, engaged pursuant to chapter 11, that the certified statement of expenditures was in accordance with ss. 27.34(2), 27.54(3), and this section. All discrepancies noted by the independent certified public accountant shall be included in the statement furnished by the county to the Comptroller.

(b)  Should the Comptroller determine that additional auditing procedures are appropriate because:

1.  The county failed to submit timely its annual statement;

2.  Discrepancies were noted by the independent certified public accountant; or

3.  The county failed to file before March 31 of each year the certified public accountant statement of compliance, the Comptroller is hereby authorized to send his or her personnel or to contract for services to bring the county into compliance. The costs incurred by the Comptroller shall be paid promptly by the county upon certification by the Comptroller.

(c)  Where the Comptroller elects to utilize the services of an independent contractor, such certification by the Comptroller may require the county to make direct payment to a contractor. Any funds owed by a county in such matters shall be recovered pursuant to s. 17.04 or s. 17.041.

(3)  The priority for the allocation of funds collected pursuant to s. 938.05(1) shall be as follows:

(a)  Reimbursement to the county for actual county expenditures incurred in providing the state attorney and public defender the services outlined in ss. 27.34(2) and 27.54(3), with the exception of office space, utilities, and custodial services.

(b)  At the close of the local government fiscal year, funds remaining on deposit in the special trust fund of the county after reimbursements have been made pursuant to paragraph (a) shall be reimbursed to the county for actual county expenditures made in support of the operations and services of medical examiners, including the costs associated with the investigation of state prison inmate deaths. Special county trust fund revenues used to reimburse the county for medical examiner expenditures in any year shall not exceed $1 per county resident.

(c)  At the close of the local government fiscal year, counties establishing or having in existence a comprehensive victim-witness program which meets the standards set by the Crime Victims' Services Office shall be eligible to receive 50 percent matching moneys from the balance remaining in the special trust fund after reimbursements have been made pursuant to paragraphs (a) and (b). Special trust fund moneys used in any year to supplement such programs shall not exceed 25 cents per county resident.

(d)  At the close of the local government fiscal year, funds remaining in the special trust fund after reimbursements have been made pursuant to paragraphs (a), (b), and (c) shall be used to reimburse the county for county costs incurred in the provision of office space, utilities, and custodial services to the state attorney and public defender, for county expenditures on appellate filing fees in criminal cases in which an indigent defendant appeals a judgment of a county or circuit court to a district court of appeal or the Florida Supreme Court, and for county expenditures on court-related costs of the state attorney and public defender that were paid by the county, provided that such court-related costs were included in a judgment or order rendered by the trial court against the county. Where a state attorney or a public defender is provided space in a county-owned facility, responsibility for calculating county costs associated with the provision of such office space, utilities, and custodial services is hereby vested in the Comptroller in consultation with the Legislative Committee on Intergovernmental Relations.

(4)  At the end of the local government fiscal year, all funds remaining on deposit in the special trust fund after all reimbursements have been made as provided for in subsection (3) shall be forwarded to the Treasurer for deposit in the General Revenue Fund of the state.

(5)  The Comptroller shall adopt any rules necessary to implement his or her responsibilities pursuant to this section.

History.--ss. 2, 3, ch. 85-213; s. 1, ch. 86-154; s. 4, ch. 87-224; ss. 2, 3, ch. 88-280; s. 3, ch. 89-129; s. 1, ch. 90-66; s. 17, ch. 91-23; s. 3, ch. 91-303; s. 1, ch. 92-295; s. 4, ch. 92-300; s. 134, ch. 95-147; s. 2, ch. 96-311; ss. 7, 27, ch. 97-271.

27.35  Salaries of state attorneys.--

(1)  Each state attorney shall receive as salary the amount provided in subsection (2) and subsequent appropriations acts.

(2)  The annual salaries for state attorneys shall be as follows:

(a)  In those circuits having a population of 100,000 or less ....... $28,000.

(b)  In those circuits having a population of more than 100,000 but less than 200,000 ....... 30,000.

(c)  In those circuits having a population of more than 200,000 ....... 32,000.

History.--ss. 3, 6, ch. 72-326.

27.36  Office of Prosecution Coordination.--

(1)  There is created in the office of the Governor the Office of Prosecution Coordination.

(2)  The office shall coordinate and provide information, assistance, and staff support to the various state attorneys.

(3)  There shall be an executive director of the Office of Prosecution Coordination who shall be appointed and serve at the pleasure of the Governor.

(4)  The executive director shall employ such other personnel as may be necessary in the performance of office functions.

(5)  The operation of the Office of Prosecution Coordination shall be funded from the General Revenue Fund. The office may, with the approval of the Governor, seek and accept grants, funds, or gifts from any source, public or private, federal, state, or local, to supplement its operation and defray the expenses incurred in the operation and implementation of this act.

History.--s. 1, ch. 77-403; s. 8, ch. 79-400; s. 2, ch. 81-135; s. 3, ch. 85-179; s. 5, ch. 97-79.

27.365  Florida Prosecuting Attorneys Association; annual report regarding prosecutions.--By February 1st of each year, the Florida Prosecuting Attorneys Association shall report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and to the appropriate substantive committees of each chamber regarding prosecutions for offenses during the previous calendar year under ss. 794.011, 794.05, 800.04, and 827.04(3) when the victim of the offense was less than 18 years of age. This report must include, by judicial circuit, the following information in summary format for each offense: the initial charge in each case; the age of the victim and the age of the offender; the charge ultimately prosecuted, if any; whether the case went to trial or was resolved by plea agreement; and either the sentence imposed in each case, or the status of each case on December 31st of the previous year. The names of sexual offense victims shall not be included in the report.

History.--s. 8, ch. 96-409; s. 11, ch. 99-2.

27.366  Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3); report.--

(1)  It is the intent of the Legislature that convicted criminal offenders who meet the criteria in s. 775.087(2) and (3) be sentenced to the minimum mandatory prison terms provided herein. It is the intent of the Legislature to establish zero tolerance of criminals who use, threaten to use, or avail themselves of firearms in order to commit crimes and thereby demonstrate their lack of value for human life. It is also the intent of the Legislature that prosecutors should appropriately exercise their discretion in those cases in which the offenders' possession of the firearm is incidental to the commission of a crime and not used in furtherance of the crime, used in order to commit the crime, or used in preparation to commit the crime. For every case in which the offender meets the criteria in this act and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. On a quarterly basis, each state attorney shall submit copies of deviation memoranda regarding offenses committed on or after the effective date of this act to the President of the Florida Prosecuting Attorneys Association, Inc. The association must maintain such information and make such information available to the public upon request for at least a 10-year period.

(2)  Effective July 1, 2000, each state attorney shall annually report to the Speaker of the House of Representatives, the President of the Senate, and the Executive Office of the Governor regarding the prosecution and sentencing of offenders who met the criteria in s. 775.087(2) and (3). The report must categorize the defendants by age, gender, race, and ethnicity. Cases in which a final disposition has not yet been reached shall be reported in a subsequent annual report.

History.--s. 2, ch. 99-12.

27.38  Budget transfer authority.--

(1)  Notwithstanding s. 216.292, each state attorney, whenever he or she deems it necessary by reason of changed conditions, may transfer appropriations funded from identical funds as prescribed in s. 215.32, except appropriations for fixed capital outlay, and transfer the amounts included within the total original approved budget and releases as furnished pursuant to ss. 216.181 and 216.192, as follows:

(a)  Between categories of appropriations within a budget entity, if no category of appropriation is changed by more than $100,000 plus 5 percent of the original approved budget by all action taken under this subsection.

(b)  Additionally, between budget entities within identical categories of appropriations, if no category of appropriation is changed by more than $100,000 plus 5 percent of the original approved budget by all action taken under this subsection.

Such authorized revisions, together with related changes, if any, in the plan for release of appropriations, shall be transmitted by the state attorney to the Comptroller for entry in his or her records in the manner and format prescribed by the Executive Office of the Governor in consultation with the Comptroller. A copy of such revision shall be furnished the Executive Office of the Governor, the chairs of the legislative appropriations committees, and the Auditor General.

(2)  Notwithstanding provisions to the contrary in s. 27.34(2), a state attorney may expend appropriated state funds for items which are enumerated in that subsection.

(3)  Each state attorney shall, no later than October 1 of each fiscal year, submit a report to the legislative appropriations committees showing the amount of state funds expended during the previous fiscal year ending in June for the items enumerated in s. 27.34(2). The Justice Administrative Commission shall prescribe the format.

History.--s. 1, ch. 88-355; s. 5, ch. 92-300; s. 136, ch. 95-147; s. 10, ch. 95-312; s. 4, ch. 97-95; s. 1, ch. 97-303.

27.50  Public defender; qualifications; election.

27.51  Duties of public defender.

27.512  Order of no imprisonment.

27.52  Determination of indigency.

27.525  Indigent Criminal Defense Trust Fund.

27.53  Appointment of assistants and other staff; method of payment.

27.5301  Salaries of public defenders and assistant public defenders.

27.5302  Salary discrimination based on gender or race; review within the office of public defender.

27.54  Expenditures for public defender's office.

27.55  Compensation of public defender and expenditures for office in newly created circuit.

27.561  Effect of nonpayment.

27.562  Disposition of funds.

27.58  Existing laws.

27.59  Access to prisoners.

27.60  Budget transfer authority.

27.50  Public defender; qualifications; election.--For each judicial circuit, there shall be a public defender who shall be, and shall have been for the preceding 5 years, a member in good standing of The Florida Bar. The public defender shall be elected at the general election, for a term of 4 years, by the qualified electors of the judicial circuit. The public defender shall be an elector of the state and shall reside within the territorial jurisdiction of the judicial circuit in which he or she serves.

History.--s. 1, ch. 63-409; s. 15, ch. 73-333; s. 1, ch. 80-376; s. 137, ch. 95-147.

27.51  Duties of public defender.--

(1)  The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 and who is:

(a)  Under arrest for, or is charged with, a felony;

(b)  Under arrest for, or is charged with, a misdemeanor, a violation of chapter 316 which is punishable by imprisonment, criminal contempt, or a violation of a municipal or county ordinance in the county court, unless the court, prior to trial, files in the cause an order of no imprisonment which states that the defendant will not be imprisoned if he or she is convicted;

(c)  Alleged to be a delinquent child pursuant to a petition filed before a circuit court; or

(d)  Sought by petition filed in such court to be involuntarily placed as a mentally ill person or sexually violent predator or involuntarily admitted to residential services as a person with developmental disabilities. However, a public defender does not have the authority to represent any person who is a plaintiff in a civil action brought under the Florida Rules of Civil Procedure, the Federal Rules of Civil Procedure, or the federal statutes, or who is a petitioner in an administrative proceeding challenging a rule under chapter 120, unless specifically authorized by statute.

(2)  The court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent. The court, however, may appoint private counsel in capital cases as provided in s. 925.035.

(3)  Each public defender shall serve on a full-time basis and is prohibited from engaging in the private practice of law while holding office. Assistant public defenders shall give priority and preference to their duties as assistant public defenders and shall not otherwise engage in the practice of criminal law.

(4)  The public defender for a judicial circuit enumerated in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all felony appeals to the state and federal courts required of the official making such request:

(a)  Public defender of the second judicial circuit, on behalf of any public defender within the district comprising the First District Court of Appeal.

(b)  Public defender of the tenth judicial circuit, on behalf of any public defender within the district comprising the Second District Court of Appeal.

(c)  Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.

(d)  Public defender of the fifteenth judicial circuit, on behalf of any public defender within the district comprising the Fourth District Court of Appeal.

(e)  Public defender of the seventh judicial circuit, on behalf of any public defender within the district comprising the Fifth District Court of Appeal.

(5)(a)  When direct appellate proceedings prosecuted by a public defender on behalf of an accused and challenging a judgment of conviction and sentence of death terminate in an affirmance of such conviction and sentence, whether by the Florida Supreme Court or by the United States Supreme Court or by expiration of any deadline for filing such appeal in a state or federal court, the public defender shall notify the accused of his or her rights pursuant to Rule 3.850, Florida Rules of Criminal Procedure, including any time limits pertinent thereto, and shall advise such person that representation in any collateral proceedings is the responsibility of the capital collateral representative. The public defender shall then forward all original files on the matter to the capital collateral representative, retaining such copies for his or her files as may be desired. However, the trial court shall retain the power to appoint the public defender or other attorney not employed by the capital collateral representative to represent such person in proceedings for relief by executive clemency pursuant to s. 925.035.

(b)  It is the intent of the Legislature that any public defender representing an inmate in any collateral proceedings in any court on June 24, 1985, shall continue representation of that inmate in all postconviction proceedings unless relieved of responsibility from further representation by the court.

(6)  A sum shall be appropriated to the public defender of each judicial circuit enumerated in subsection (4) for the employment of assistant public defenders and clerical employees and the payment of expenses incurred in cases on appeal.

History.--s. 2, ch. 63-409; s. 1, ch. 67-539; ss. 19, 35, ch. 69-106; s. 1, ch. 71-28; s. 1, ch. 72-327; s. 1, ch. 72-722; s. 1, ch. 73-216; s. 4, ch. 73-334; s. 3, ch. 77-147; s. 1, ch. 79-588; s. 2, ch. 80-376; ss. 2, 6, ch. 85-332; s. 11, ch. 87-133; s. 1, ch. 89-308; s. 8, ch. 91-45; s. 138, ch. 95-147; s. 15, ch. 95-195; s. 4, ch. 96-232; s. 2, ch. 97-107; s. 2, ch. 99-222.

27.512  Order of no imprisonment.--

(1)  In each case in which the court determines that it will not sentence the defendant to imprisonment if convicted, the court shall issue an order of no imprisonment and the court may not appoint the public defender to represent the defendant. If the court issues an order of no imprisonment following the appointment of the public defender, the court shall immediately terminate the public defender's services. However, if at any time the court withdraws the order of no imprisonment with respect to an indigent defendant, the court shall appoint the public defender to represent the defendant.

(2)  The form and contents of an order of no imprisonment shall be determined by rules adopted by the Supreme Court.

History.--s. 3, ch. 97-107.

27.52  Determination of indigency.--

(1)(a)  The determination of indigency for purposes of appointing the public defender or conflict attorney shall be made by the court, and may be made at any stage of the proceedings. Before appointing the public defender or a conflict attorney, the court shall consider a completed affidavit that contains the financial information required under paragraph (f) and shall make a preliminary determination of indigency, pending verification by the indigency examiner.

(b)  An accused person, or if applicable a parent or legal guardian of an accused minor or an accused adult tax-dependent person, asserting indigency and requesting representation by the public defender or a conflict attorney, shall file with the court a completed affidavit containing the financial information required under paragraph (f) and stating that the affidavit is signed under oath and under penalty of perjury.

(c)  Each person who requests the appointment of the public defender or a conflict attorney shall pay to the clerk of the court an application fee of $40, as ordered by the court, at the time the financial affidavit is filed, or within 7 days thereafter. If not paid within 7 days, the application fee shall be assessed at sentencing or at the final disposition of the case. The application fee shall be assessed for each affidavit filed against a defendant who requests appointment of the public defender or a conflict attorney. A defendant who is found to be indigent may not be refused counsel for failure to pay the application fee.

(d)  If the court finds that the accused person applying for representation appears to be indigent based upon the financial affidavit required under paragraph (f), the court shall appoint the public defender or a conflict attorney to provide representation. If the application fee is not paid prior to the disposition of the case, the clerk shall advise the sentencing judge of this fact and the court shall:

1.  Assess the application fee as part of the sentence or as a condition of probation; or

2.  Assess the application fee pursuant to s. 938.29.

If the indigency examiner finds discrepancies between the financial affidavit and the examiner's investigation of assets, the indigency examiner shall submit the information to the court and the court shall determine whether the public defender or conflict attorney shall continue representation. The defendant may be heard regarding the information discovered by the indigency examiner. If the court, based on the information provided, determines that the defendant is not indigent, the court shall order that the public defender or conflict attorney discontinue representation. Notwithstanding any provision of law or local order to the contrary, the clerk of the court shall assign the first $40 of any court assessed fees or costs that are paid by an indigent defendant to the Indigent Criminal Defense Trust Fund as payment for the application fee. In no event should a person who is found to be indigent be refused counsel for failure to pay the fee.

(e)  All application fees shall be transferred monthly by the clerk of the court to the Indigent Criminal Defense Trust Fund, administered by the Justice Administrative Commission, to be used to supplement the general revenue funds appropriated by the Legislature to the public defenders. The clerk of the court may retain 2 percent of application fees collected monthly for administrative costs prior to remitting the remainder to the Justice Administrative Commission.

(f)  The affidavit must contain the following financial information and calculations as to the accused person's income:

1.  Net income.--Total salary and wages, minus deductions required by law, including court-ordered support payments.

2.  Other income.--Including, but not limited to, social security benefits, union funds, veterans' benefits, workers' compensation, other regular support from absent family members, public or private employee pensions, unemployment compensation, dividends, interest, rent, trusts, and gifts.

3.  Assets.--Including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.

(g)  The income of an accused minor or an accused adult tax-dependent person who is substantially supported by a parent or parents or by a guardian, or who continues to be claimed as a dependent for tax purposes, shall include the income of that dependent person's parent or parents or guardian, except a parent or guardian who has an adverse interest in the proceeding.

(h)  In addition to the financial information, the affidavit must contain the following statement:  "I,  (name of accused person) , agree to report any change in my financial situation to the court or to the indigency examiner."

(2)(a)  After reviewing the affidavit and questioning the accused person, the court shall make one of the following determinations:

1.  The accused person is indigent.

2.  The accused person is not indigent.

(b)  An accused person, or an accused minor's or accused adult tax-dependent person's parent or guardian, is indigent if:

1.  The income of the person is equal to or below 250 percent of the then-current federal poverty guidelines prescribed for the size of the household of the accused by the United States Department of Health and Human Services or if the person is receiving Aid to Families with Dependent Children (AFDC), poverty-related veterans' benefits, or Supplemental Security Income (SSI); or

2.  The person is unable to pay for the services of an attorney without substantial hardship to his or her family.

(c)  In determining whether a defendant is indigent, the court shall determine whether any of the following facts exist, and the existence of any such fact creates a presumption that the defendant is not indigent:

1.  The defendant has been released on bail in the amount of $5,000 or more.

2.  The defendant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property.

3.  The defendant retained private counsel immediately before or after filing the affidavit asserting indigency pursuant to subsection (1).

(d)  A nonindigent parent or legal guardian of an accused minor or an accused adult tax-dependent person shall furnish the minor or dependent person with the necessary legal services and costs incident to a delinquency proceeding or, upon transfer of such person for criminal prosecution as an adult pursuant to chapter 985, a criminal prosecution, in which the person has a right to legal counsel under the Constitution of the United States or the Constitution of the State of Florida. The failure of a parent or legal guardian to furnish legal services and costs under this section does not bar the appointment of legal counsel pursuant to s. 27.53. When the public defender, a special assistant public defender appointed pursuant to s. 27.53(2), or appointed private legal counsel is appointed to represent an accused minor or an accused adult tax-dependent person in any proceeding in circuit court or in a criminal proceeding in any other court, the parents or the legal guardian shall be liable for the fees and costs of such representation even if the person is a minor being tried as an adult. Liability for the costs of such representation may be imposed in the form of a lien against the property of the nonindigent parents or legal guardian of the accused minor or accused adult tax-dependent person, which lien is enforceable as provided in s. 27.561 or s. 938.29. The court shall determine the amount of the obligation; and, in determining the amount of the obligation, the court shall follow the procedure outlined by this section.

(3)  If the trial court determines, within 2 years after the determination of indigency, that any accused was erroneously or improperly determined to be indigent, the state attorney shall, in the name of the state, proceed against such accused for the reasonable value of the services rendered to the accused and including all costs paid by the state or county in his or her behalf. Any amount recovered shall be remitted to the board of county commissioners of the county wherein the accused was tried. The funds shall be deposited in the fine and forfeiture fund of that county and be used to defray the expenses incurred by the county with respect to the defense of defendants in criminal prosecutions.

History.--s. 3, ch. 63-409; s. 1, ch. 70-57; s. 4, ch. 73-334; s. 1, ch. 77-99; s. 1, ch. 77-378; s. 8, ch. 79-164; s. 3, ch. 80-376; s. 1, ch. 81-273; s. 139, ch. 95-147; s. 1, ch. 96-232; s. 4, ch. 97-107; s. 28, ch. 97-271; s. 6, ch. 98-280.

¹27.525  Indigent Criminal Defense Trust Fund.--The Indigent Criminal Defense Trust Fund is hereby created, to be administered by the Justice Administrative Commission. Funds shall be credited to the trust fund as provided in s. 27.52, to be used for the purposes set forth therein. The Justice Administrative Commission shall account for these funds on a circuit basis, and appropriations from the fund shall be proportional to each circuit's collections.

History.--s. 1, ch. 96-376.

¹Note.--Section 2, ch. 96-376, provides that:

"(1)  Pursuant to the provisions of Section 19(f)(2), Article III of the State Constitution, the Indigent Criminal Defense Trust Fund shall, unless terminated sooner, be terminated on July 1, 2000.

"(2)  Prior to the regular legislative session immediately preceding the date on which the trust fund is scheduled to be terminated, the Justice Administrative Commission and the Governor shall recommend to the President of the Senate and the Speaker of the House of Representatives whether the trust fund should be allowed to terminate or should be re-created. These recommendations shall be based on a review of the purpose and use of the trust fund and a determination of whether the trust fund will continue to be necessary. A recommendation to re-create the trust fund may include suggested modifications to the purposes, sources of receipts, and allowable expenditures for the trust fund. The Justice Administrative Commission's recommendation shall be made as a part of its legislative budget request to the Legislature pursuant to section 216.023, Florida Statutes. The Governor's recommendation shall be made as a part of the recommended budget presented to the Legislature pursuant to section 216.162, Florida Statutes.

"(3)  If the trust fund is terminated, the Justice Administrative Commission shall pay any outstanding debts or obligations of the trust fund as soon as practicable and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities."

27.53  Appointment of assistants and other staff; method of payment.--

(1)  The public defender of each judicial circuit is authorized to employ and establish, in such numbers as he or she shall determine, assistant public defenders, investigators, and other personnel who shall be paid from funds appropriated for that purpose. Notwithstanding the provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed by a public defender, while actually carrying out official duties, is authorized to carry concealed weapons if the investigator complies with s. 790.25(3)(o). However, such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement System. The public defenders of all judicial circuits shall jointly develop a coordinated classification and pay plan which shall be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established in s. 216.181. Each assistant public defender appointed by a public defender under this section shall serve at the pleasure of the public defender. Each investigator employed by a public defender shall have full authority to serve any witness subpoena or court order issued, by any court or judge within the judicial circuit served by such public defender, in a criminal case in which such public defender has been appointed to represent the accused.

(2)  Any member of The Florida Bar, in good standing, may register his or her availability to the public defender of any judicial circuit for acceptance of special assignments without salary to represent indigent defendants. Such persons shall be listed and referred to as special assistant public defenders and be paid a fee and costs and expenses as provided in s. 925.036. A special assistant public defender may not reassign or subcontract a case to another attorney.

(3)  If, at any time during the representation of two or more indigents, the public defender determines that the interests of those accused are so adverse or hostile that they cannot all be counseled by the public defender or his or her staff without conflict of interest, or that none can be counseled by the public defender or his or her staff because of conflict of interest, the public defender shall file a motion to withdraw and move the court to appoint other counsel. The court shall review and may inquire or conduct a hearing into the adequacy of the public defender's representations regarding a conflict of interest without requiring the disclosure of any confidential communications. The court shall permit withdrawal unless the court determines that the asserted conflict is not prejudicial to the indigent client. If the court grants the motion to withdraw, it may appoint one or more members of The Florida Bar, who are in no way affiliated with the public defender, in his or her capacity as such, or in his or her private practice, to represent those accused. However, the trial court shall appoint such other counsel upon its own motion when the facts developed upon the face of the record and files in the cause disclose such conflict. The court shall advise the appropriate public defender and clerk of court, in writing, when making such appointment and state the conflict prompting the appointment. The appointed attorney shall be compensated as provided in s. 925.036.

(4)  The appropriations for the offices of public defender shall be determined by a funding formula and such other factors as may be deemed appropriate in a manner to be determined by this subsection and any subsequent appropriations act.

History.--s. 4, ch. 63-409; s. 1, ch. 65-527; s. 1, ch. 67-192; s. 2, ch. 67-539; s. 2, ch. 72-327; s. 2, ch. 73-216; s. 1, ch. 76-287; s. 1, ch. 78-344; s. 4, ch. 80-376; s. 2, ch. 81-230; s. 2, ch. 81-273; s. 2, ch. 87-85; s. 1, ch. 90-159; s. 1, ch. 90-311; s. 140, ch. 95-147; s. 5, ch. 97-107; s. 1, ch. 99-282.

27.5301  Salaries of public defenders and assistant public defenders.--

(1)  The salaries of public defenders, to be paid by the state, shall be as provided in the General Appropriations Act and shall be paid in equal monthly installments.

(2)  The salary for each assistant public defender shall be set by the public defender of the same judicial circuit in an amount not to exceed 100 percent of that public defender's salary and shall be paid from funds appropriated for that purpose. Assistant public defenders who serve in less than a full-time capacity shall be compensated for services performed in an amount to be in proportion to the salary allowed for full-time services.

History.--ss. 3, 7, ch. 72-327; s. 5, ch. 80-376; s. 4, ch. 81-230.

27.5302  Salary discrimination based on gender or race; review within the office of public defender.--Each public defender shall undertake an annual review of compensation policies for the position of assistant public defender. Within the context of comparable skills, experience, and responsibility, any inequities found to exist on the basis of gender or race shall be eliminated.

History.--s. 8, ch. 91-74.

27.54  Expenditures for public defender's office.--

(1)  All payments for the salary of the public defender and the necessary expenses of office, including salaries of assistants and staff, shall be considered as being for a valid public purpose. Travel expenses shall be paid in accordance with the provisions of s. 112.061.

(2)  No county or municipality shall appropriate or contribute funds to the operation of the offices of the various public defenders, except that a county or municipality may appropriate or contribute funds to:

(a)  Pay the salary of one assistant public defender whose sole function shall be to defend indigents charged with violations of special laws or with violations of ordinances of the county or municipality.

(b)  Employ legal and support staff to be supervised by the public defender upon certification by the public defender that inadequate resources will result in withdrawal from current cases or inability to accept additional appointments.

(3)  The public defenders shall be provided by the counties within their judicial circuits with such office space, utilities, telephone services, custodial services, library services, transportation services, and communication services as may be necessary for the proper and efficient functioning of these offices, except as otherwise provided in the General Appropriations Act. The public defender's offices shall also be provided with pretrial consultation fees for expert or other potential witnesses consulted before trial by the public defender; travel expenses incurred in criminal cases by a public defender in connection with out-of-jurisdiction depositions; out-of-state and out-of-jurisdiction travel expenses incurred by public defenders or by investigators of public defenders while attempting to locate and interrogate witnesses for the public defender in the defense of a criminal case; court reporter costs incurred by the public defender during the course of an investigation and criminal prosecution, which costs are certified by the public defender as being useful and necessary in the preparation of a criminal defense, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought; postindictment and postinformation deposition costs incurred by the public defender during the course of a criminal prosecution of an indigent defendant when such costs are certified by the public defender as being useful and necessary in the preparation of a criminal defense, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought; and the cost of copying depositions of defense witnesses taken by the state attorney when such costs are certified by the public defender as being useful and necessary in the preparation of a criminal defense, provided that nothing herein shall be construed to prohibit the county from contesting the reasonableness of the expenditure in the court wherein the criminal case is brought. The office space and utilities to be provided by the counties shall not be less than the standards for space allotment adopted by the Department of Management Services. The counties shall not provide less of these services than were provided in the previous fiscal year.

(4)  No public defender or assistant public defender shall receive from any county or municipality any supplemental salary, except as provided in this section.

History.--s. 5, ch. 63-409; s. 3, ch. 67-539; s. 4, ch. 72-327; s. 2, ch. 72-722; s. 3, ch. 73-216; s. 6, ch. 80-376; s. 4, ch. 85-213; s. 4, ch. 88-280; s. 1, ch. 89-118; s. 2, ch. 91-303; s. 140, ch. 92-279; s. 55, ch. 92-326; s. 141, ch. 95-147.

27.55  Compensation of public defender and expenditures for office in newly created circuit.--

(1)  In the event a new judicial circuit is created, the Executive Office of the Governor is authorized to release the necessary moneys for the payment of the salary of the public defender in such newly created circuit in accordance with the provisions of s. 27.5301.

(2)  In the event a new judicial circuit is created, the Executive Office of the Governor is authorized to release necessary moneys to operate the public defender's office in the newly created judicial circuit in accordance with the formula provided in the General Appropriations Act in effect at the time such new judicial circuit is created.

History.--s. 2, ch. 63-410; s. 1, ch. 67-333; ss. 2, 3, ch. 67-371; s. 4, ch. 67-539; ss. 31, 35, ch. 69-106; s. 84, ch. 79-190; s. 7, ch. 80-376.

27.561  Effect of nonpayment.--

(1)  Whenever a defendant-recipient or parent is ordered to pay attorney's fees or costs, default in the payment thereof shall be cause for finding the defendant-recipient or parent in contempt of court, and the court may issue a show cause citation or a warrant of arrest for the defendant-recipient's or parent's appearance.

(2)  Unless the defendant-recipient or parent shows that default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to make the payment, the court may find that the default constitutes contempt and order him or her committed until the attorney's fees or costs, or a specified part thereof, are paid or may take any other action appropriate under the circumstances, including revocation of probation.

(3)  If it appears to the satisfaction of the court that the default in the payment of the attorney's fees or costs is not contempt, the court may enter an order allowing the defendant-recipient or parent additional time for, or reducing the amount of, payment or revoking the assessed attorney's fees or costs, or the unpaid portion thereof, in whole or in part.

History.--s. 2, ch. 77-264; s. 9, ch. 80-376; s. 143, ch. 95-147.

27.562  Disposition of funds.--All funds collected pursuant to s. 938.29, except the application fee imposed under s. 27.52, shall be remitted to the board of county commissioners of the county in which the judgment was entered. Such funds shall be placed in the fine and forfeiture fund of that county to be used to defray the expenses incurred by the county in defense of criminal prosecutions. All judgments entered pursuant to this part shall be in the name of the county in which the judgment was rendered.

History.--s. 3, ch. 77-264; s. 11, ch. 79-400; s. 4, ch. 96-232; s. 8, ch. 97-107; s. 29, ch. 97-271.

27.58  Existing laws.--This act shall not repeal but shall be supplementary to any local law or ordinance heretofore providing for a public defender or assigned defense counsel in any county or counties of the state, and the public defender in such county or counties may continue to operate under such prior act or ordinance to the extent determined by the board of county commissioners thereof; provided, however, that the public defender of each judicial circuit of the state shall be the chief administrator of all public defender services within the circuit whether such services are rendered by the state or county public defenders.

History.--s. 7, ch. 63-409.

27.59  Access to prisoners.--The public defenders and assistant public defenders shall be empowered to inquire of all persons who are incarcerated in lieu of bond and to tender them advice and counsel at any time, but the provisions of this section shall not apply with respect to persons who have engaged private counsel.

History.--s. 6, ch. 67-539; s. 10, ch. 80-376.

27.60  Budget transfer authority.--

(1)  Notwithstanding s. 216.292, each public defender, whenever he or she deems it necessary by reason of changed conditions, may transfer appropriations funded from identical funds as prescribed in s. 215.32, except appropriations for fixed capital outlay, and transfer the amounts included within the total original approved budget and releases as furnished pursuant to ss. 216.181 and 216.192, as follows:

(a)  Between categories of appropriations within a budget entity, if no category of appropriation is changed by more than $100,000 plus 5 percent of the original approved budget by all action taken under this subsection.

(b)  Additionally, between budget entities within identical categories of appropriations, if no category of appropriation is changed by more than $100,000 plus 5 percent of the original approved budget by all action taken under this subsection.

Such authorized revisions, together with related changes, if any, in the plan for release of appropriations, shall be transmitted by the public defender to the Comptroller for entry in his or her records in the manner and format prescribed by the Executive Office of the Governor in consultation with the Comptroller. A copy of such revision shall be furnished the Executive Office of the Governor, the chairs of the legislative appropriations committees, and the Auditor General.

(2)  Notwithstanding provisions to the contrary in s. 27.54(3), a public defender may expend appropriated state funds for items which are enumerated in that subsection.

(3)  Each public defender shall, no later than October 1 of each fiscal year, submit a report to the legislative appropriations committees showing the amount of state funds expended during the previous fiscal year ending in June for the items enumerated in s. 27.54(3). The Justice Administrative Commission shall prescribe the format.

History.--s. 2, ch. 88-355; s. 6, ch. 92-300; s. 144, ch. 95-147; s. 11, ch. 95-312; s. 5, ch. 97-95; s. 2, ch. 97-303.

27.7001  Legislative intent.

27.701  Capital collateral regional counsels.

27.702  Duties of the capital collateral regional counsel; reports.

27.703  Conflict of interest and substitute counsel.

27.704  Appointment of assistants and other staff.

27.705  Salaries of capital collateral regional counsel and assistant capital collateral counsel.

27.706  Private practice of law prohibited.

27.707  Investigators; service of process.

27.708  Access to prisoners; compliance with the Florida Rules of Criminal Procedure; records requests.

27.709  Commission on Capital Cases.

27.7091  Legislative recommendations to Supreme Court; postconviction proceedings; pro bono service credit.

27.710  Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.

27.711  Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings.

27.7001  Legislative intent.--It is the intent of the Legislature to create part IV of this chapter, ¹consisting of ss. 27.7001-27.708, inclusive, to provide for the collateral representation of any person convicted and sentenced to death in this state, so that collateral legal proceedings to challenge any Florida capital conviction and sentence may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. It is the further intent of the Legislature that collateral representation shall not include representation during retrials, resentencings, proceedings commenced under chapter 940, or civil litigation.

History.--s. 1, ch. 85-332; s. 5, ch. 95-280; s. 1, ch. 96-290.

¹Note.--Subsequently, additional sections have been added to this part.

27.701  Capital collateral regional counsels.--There are created three regional offices of capital collateral counsel, which shall be located in a northern, middle, and southern region of the state. The northern region shall consist of the First, Second, Third, Fourth, Eighth, and Fourteenth Judicial Circuits; the middle region shall consist of the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits; and the southern region shall consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth Judicial Circuits. Each regional office shall be administered by a regional counsel. A regional counsel must be, and must have been for the preceding 5 years, a member in good standing of The Florida Bar or a similar organization in another state. Each capital collateral regional counsel shall be appointed by the Governor, and is subject to confirmation by the Senate. The Supreme Court Judicial Nominating Commission shall recommend to the Governor three qualified candidates for each appointment as regional counsel. The Governor shall appoint a regional counsel for each region from among the recommendations, or, if it is in the best interest of the fair administration of justice in capital cases, the Governor may reject the nominations and request submission of three new nominees by the Supreme Court Judicial Nominating Commission. Each capital collateral regional counsel shall be appointed to a term of 3 years. Vacancies in the office of capital collateral regional counsel shall be filled in the same manner as appointments. A person appointed as a regional counsel may not run for or accept appointment to any state office for 2 years following vacation of office.

History.--s. 3, ch. 85-332; s. 145, ch. 95-147; s. 1, ch. 97-313.

27.702  Duties of the capital collateral regional counsel; reports.--

(1)  The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person in the state courts, federal courts in this state, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. The three capital collateral regional counsels' offices shall function independently and be separate budget entities, and the regional counsels shall be the office heads for all purposes. The Justice Administrative Commission shall provide administrative support and service to the three offices to the extent requested by the regional counsels. The three regional offices shall not be subject to control, supervision, or direction by the Justice Administrative Commission in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.

(2)  The capital collateral regional counsel shall represent persons convicted and sentenced to death within the region in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear as counsel of record.

(3)(a)  The capital collateral regional counsel shall file motions seeking compensation for representation and reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when providing representation to indigent persons in the federal courts, and shall deposit all such payments received into the Capital Collateral Trust Fund established for such purpose.

(b)  The court having jurisdiction over any nonindigent or indigent-but-able-to-contribute defendant who has been receiving the services of the capital collateral regional counsel may assess attorney's fees and costs against the defendant at any stage in the proceedings as the court may deem appropriate. The determination of indigency or nonindigency of any defendant shall be made by the court pursuant to s. 27.52. Liability for the costs of such representation may be imposed in the form of a lien against the property of the nonindigent or indigent-but-able-to-contribute defendant, which lien shall be enforceable as provided in s. 27.561 or s. 938.29.

(4)(a)  The capital collateral regional counsel or private counsel shall give written notification of each pleading filed by that office and the name of the person filing the pleading to the Commission on Capital Cases and to the trial court assigned to the case.

(b)  Each capital collateral regional counsel shall provide a quarterly report to the President of the Senate, the Speaker of the House of Representatives, and the Commission on Capital Cases which details the number of hours worked by investigators and legal counsel per case and the amounts per case expended during the preceding quarter in investigating and litigating capital collateral cases.

History.--s. 3, ch. 85-332; s. 3, ch. 92-300; s. 146, ch. 95-147; s. 2, ch. 96-290; s. 2, ch. 97-313; s. 2, ch. 98-197; s. 2, ch. 98-198; s. 12, ch. 99-2; s. 1, ch. 99-221.

27.703  Conflict of interest and substitute counsel.--

(1)  If, at any time during the representation of two or more persons, the capital collateral regional counsel determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the regional counsel or his or her staff without conflict of interest, the sentencing court shall, upon application by the regional counsel, designate another regional counsel and, only if a conflict exists with the other two counsels, appoint one or more members of The Florida Bar to represent one or more of such persons.

(2)  Appointed counsel shall be paid from funds appropriated to the Justice Administrative Commission. The hourly rate may not exceed $100. However, effective July 1, 1999, all appointments of private counsel under this section shall be in accordance with ss. 27.710 and 27.711.

(3)  Prior to employment, counsel appointed pursuant to this section must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings.

History.--s. 3, ch. 85-332; s. 147, ch. 95-147; s. 3, ch. 96-290; s. 3, ch. 97-313; s. 2, ch. 99-221.

27.704  Appointment of assistants and other staff.--Each capital collateral regional counsel may:

(1)  Appoint, employ, and establish, in such numbers as he or she determines, full-time or part-time assistant counsel, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose. A full-time assistant capital collateral counsel must be a member in good standing of The Florida Bar, with not less than 3 years' experience in the practice of criminal law, and, prior to employment, must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings or any combination of at least five of such proceedings. Law school graduates who do not have the qualifications of a full-time assistant capital collateral counsel may be employed as members of the legal staff but may not be designated as sole counsel for any person.

(2)  Contract with private counsel who are members in good standing of The Florida Bar or with public defenders for the purpose of providing prompt and cost-effective representation for individuals who are sentenced to death in this state. A private counsel or public defender under contract with the regional counsel must have at least 3 years' experience in the practice of criminal law, and, prior to the contract, must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings or any combination of at least five of such proceedings.

(3)  Appoint pro bono assistant counsel, who must be members in good standing of The Florida Bar, and who shall serve without compensation at the discretion of the capital collateral regional counsel.

History.--s. 3, ch. 85-332; s. 148, ch. 95-147; s. 4, ch. 97-313.

27.705  Salaries of capital collateral regional counsel and assistant capital collateral counsel.--

(1)  Each capital collateral regional counsel shall be paid a salary by the state, which shall be as provided in the General Appropriations Act and shall be paid in equal monthly installments.

(2)  Full-time assistant capital collateral counsel shall be compensated in an amount set by the capital collateral regional counsel, which may not exceed 100 percent of the salary of the capital collateral regional counsel and shall be paid from funds appropriated for that purpose.

(3)  All payments of the salary of each of the capital collateral regional counsel and employees of his or her office, and payments for other necessary expenses of office from state funds appropriated therefor, are for a valid public purpose. Travel expenses for official business within and outside the state shall be paid in accordance with s. 112.061. For purposes of s. 112.061 only, part-time assistant capital collateral counsel shall be considered employees of the regional office of capital collateral counsel.

(4)  Each capital collateral regional counsel shall develop a classification and pay plan to be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181.

History.--s. 3, ch. 85-332; s. 4, ch. 87-85; s. 149, ch. 95-147; s. 5, ch. 97-313.

27.706  Private practice of law prohibited.--Each capital collateral regional counsel and all full-time assistants appointed by him or her shall serve on a full-time basis and may not engage in the private practice of law.

History.--s. 3, ch. 85-332; s. 150, ch. 95-147; s. 6, ch. 97-313.

27.707  Investigators; service of process.--Each investigator employed by the capital collateral regional counsel has full authority to serve any subpoena or court order issued by any court or judge in any case for which the office has responsibility for providing representation.

History.--s. 3, ch. 85-332; s. 7, ch. 97-313.

¹27.708  Access to prisoners; compliance with the Florida Rules of Criminal Procedure; records requests.--

(1)  Each capital collateral regional counsel and his or her assistants may inquire of all persons sentenced to death who are incarcerated and tender them advice and counsel at any reasonable time, but this section does not apply with respect to persons who are represented by other counsel.

(2)  The capital collateral regional counsel and contracted private counsel must timely comply with all provisions of the Florida Rules of Criminal Procedure governing collateral review of capital cases.

(3)  Except as provided in s. 119.19, the capital collateral regional counsel or contracted private counsel shall not make any public records request on behalf of his or her client.

History.--s. 3, ch. 85-332; s. 151, ch. 95-147; s. 8, ch. 97-313; s. 3, ch. 98-198.

¹Note.--Section 1, ch. 98-194, provides that "Rule 3.852, Florida Rules of Criminal Procedure, is repealed."

27.709  Commission on Capital Cases.--

(1)(a)  There is created the Commission on Capital Cases, which shall consist of the six following members:

1.  Two members appointed by the Governor.

2.  Two members appointed by the President of the Senate from the membership of the Senate. One member shall be a member of the majority party, and one member shall be a member of the minority party.

3.  Two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives. One member shall be a member of the majority party, and one member shall be a member of the minority party.

(b)  The chair of the commission shall be selected by the members for a term of 1 year.

(c)  The commission shall meet quarterly, and other meetings may be called by the chair upon giving at least 7 days' notice to all members and the public.

(d)  Members of the commission are entitled to per diem and travel expenses to be paid by the appointing entity.

(e)  The initial members of the commission must be appointed on or before October 1, 1997. Members of the commission shall be appointed to serve terms of 4 years each, except that a member's term shall expire upon leaving office as a member of the Senate or the House of Representatives. Two of the initial members, one from the Senate and one from the House of Representatives, shall be appointed for terms of 2 years each. Two of the initial members, one from the Senate and one from the House of Representatives, shall be appointed for terms of 3 years each.

(f)  The Office of Legislative Services shall provide staff support for the commission.

(2)  The commission shall review the administration of justice in capital collateral cases, receive relevant public input, review the operation of the capital collateral regional counsel, and advise and make recommendations to the Governor, Legislature, and Supreme Court. In addition, the commission shall receive complaints regarding the practice of any office of regional counsel and shall refer any complaint to The Florida Bar, the State Supreme Court, or the Commission on Ethics, as appropriate.

(3)  The Commission on Capital Cases shall conduct a study to evaluate whether the elimination of state postconviction proceedings in death penalty cases will reduce delays in carrying out a sentence of death in capital cases. In conducting the study, the commission shall take public testimony from any interested party. The commission shall review the average number of postconviction motions and writs filed in capital cases, prior legislative and judicial attempts to reduce delays in capital cases, and the length of time required for capital postconviction claims in state and federal court. The commission shall consider average delays in capital cases, whether those delays have increased in the last 10 years, and the reasons for any increase in delays. The study shall include a report which addresses the legal, fiscal, and practical considerations concerning the elimination of state postconviction proceedings, and the recommendation of the commission. Public notice shall be provided, in a manner agreed to by the commission, for all hearings where the commission intends to hear public testimony concerning the elimination of state postconviction proceedings in death penalty cases for purposes of this study. The report shall be submitted to the Speaker of the House of Representatives, the President of the Senate, and the minority leaders in the House and the Senate by December 1, 1998.

History.--s. 9, ch. 97-313; s. 22, ch. 98-136; s. 12, ch. 98-417; s. 3, ch. 99-221.

27.7091  Legislative recommendations to Supreme Court; postconviction proceedings; pro bono service credit.--In the interest of promoting justice and integrity with respect to capital collateral representation, the Legislature recommends that the Supreme Court:

(1)  Adopt by rule the provisions of s. 924.055, which limit the time for postconviction proceedings in capital cases.

(2)  Award pro bono service credit for time spent by an attorney in providing legal representation to an individual sentenced to death in this state, regardless of whether the attorney receives compensation for such representation.

History.--s. 12, ch. 97-313.

27.710  Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.--

(1)  The executive director of the Commission on Capital Cases shall compile and maintain a statewide registry of attorneys in private practice who have certified that they meet the minimum requirements of s. 27.704(2) and who are available for appointment by the court under this section to represent persons convicted and sentenced to death in this state in postconviction capital collateral proceedings. To ensure that sufficient attorneys are available for appointment by the court, when the number of attorneys on the registry falls below 50, the executive director shall notify the chief judge of each circuit by letter and request the chief judge to promptly submit the names of at least three private attorneys who regularly practice criminal law in that circuit and who appear to meet the minimum requirements to represent persons in postconviction capital collateral proceedings. The executive director shall send an application to each attorney identified by the chief judge so that the attorney may register for appointment as counsel in postconviction capital collateral proceedings. As necessary, the executive director may also advertise in legal publications and other appropriate media for qualified attorneys interested in registering for appointment as counsel in postconviction capital collateral proceedings. Not later than September 1 of each year, and as necessary thereafter, the executive director shall provide to the Chief Justice of the Supreme Court, the chief judge and state attorney in each judicial circuit, and the Attorney General a current copy of its registry of attorneys who are available for appointment as counsel in postconviction capital collateral proceedings. The registry must be indexed by judicial circuit and must contain the requisite information submitted by the applicants in accordance with this section.

(2)  To be eligible for court appointment as counsel in postconviction capital collateral proceedings, an attorney must certify on an application provided by the executive director that he or she satisfies the minimum requirements for private counsel set forth in s. 27.704(2).

(3)  An attorney who applies for registration and court appointment as counsel in postconviction capital collateral proceedings must certify that he or she is counsel of record in not more than four such proceedings and, if appointed to represent a person in postconviction capital collateral proceedings, shall continue such representation under the terms and conditions set forth in s. 27.711 until the sentence is reversed, reduced, or carried out or unless permitted to withdraw from representation by the trial court. The court may not permit an attorney to withdraw from representation without a finding of sufficient good cause. The court may impose appropriate sanctions if it finds that an attorney has shown bad faith with respect to continuing to represent a defendant in a postconviction capital collateral proceeding. This section does not preclude the court from reassigning a case to a capital collateral regional counsel following discontinuation of representation if a conflict of interest no longer exists with respect to the case.

(4)  Each private attorney who is appointed by the court to represent a capital defendant must enter into a contract with the Comptroller. If the appointed attorney fails to execute the contract within 30 days after the date the contract is mailed to the attorney, the executive director of the Commission on Capital Cases shall notify the trial court. The executive director of the Commission on Capital Cases shall develop the form of the contract, and the Comptroller shall function as contract manager and shall enforce performance of the terms and conditions of the contract. By signing such contract, the attorney certifies that he or she intends to continue the representation under the terms and conditions set forth in the contract until the sentence is reversed, reduced, or carried out or until released by order of the trial court.

(5)  Upon notification by the Attorney General that:

(a)  Ninety-one days have elapsed since the Supreme Court issued a mandate on a direct appeal, or the Supreme Court of the United States has denied a petition for certiorari, whichever is later;

(b)  A person under sentence of death who was previously represented by private counsel is currently unrepresented in a postconviction capital collateral proceeding; or

(c)  The trial court has issued an order finding that a year and a day have elapsed since the commencement of the period for filing a motion for postconviction relief under s. 924.055(2), and the defendant's complete original motion for postconviction relief has not been filed in the trial court,

the executive director shall immediately notify the trial court that imposed the sentence of death that the court must immediately appoint an attorney, selected from the current registry, to represent such person in collateral actions challenging the legality of the judgment and sentence in the appropriate state and federal courts. The court shall have the authority to strike a notice of appearance filed by a Capital Collateral Regional Counsel, if the court finds the notice was not filed in good faith and may so notify the executive director that the client is no longer represented by the Office of Capital Collateral Regional Counsel. In making an assignment, the court shall give priority to attorneys whose experience and abilities in criminal law, especially in capital proceedings, are known by the court to be commensurate with the responsibility of representing a person sentenced to death. The trial court must issue an order of appointment which contains specific findings that the appointed counsel meets the statutory requirements and has the high ethical standards necessary to represent a person sentenced to death.

(6)  More than one attorney may not be appointed and compensated at any one time under s. 27.711 to represent a person in postconviction capital collateral proceedings. However, an attorney appointed under this section may designate another attorney to assist him or her if the designated attorney meets the qualifications of this section.

History.--s. 3, ch. 98-197; s. 4, ch. 99-221.

27.711  Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings.--

(1)  As used in s. 27.710 and this section, the term:

(a)  "Capital defendant" means the person who is represented in postconviction capital collateral proceedings by an attorney appointed under s. 27.710.

(b)  "Executive director" means the executive director of the Commission on Capital Cases.

(c)  "Postconviction capital collateral proceedings" means one series of collateral litigation of an affirmed conviction and sentence of death, including the proceedings in the trial court that imposed the capital sentence, any appellate review of the sentence by the Supreme Court, any certiorari review of the sentence by the United States Supreme Court, and any authorized federal habeas corpus litigation with respect to the sentence. The term does not include repetitive or successive collateral challenges to a conviction and sentence of death which is affirmed by the Supreme Court and undisturbed by any collateral litigation.

(2)  After appointment by the trial court under s. 27.710, the attorney must immediately file a notice of appearance with the trial court indicating acceptance of the appointment to represent the capital defendant throughout all postconviction capital collateral proceedings, including federal habeas corpus proceedings, in accordance with this section or until released by order of the trial court.

(3)  An attorney appointed to represent a capital defendant is entitled to payment of the fees set forth in this section only upon full performance by the attorney of the duties specified in this section and approval of payment by the trial court, and the submission of a payment request by the attorney, subject to the availability of sufficient funding specifically appropriated for this purpose. The Justice Administrative Commission shall notify the executive director and the court if it appears that sufficient funding has not been specifically appropriated for this purpose to pay any fees which may be incurred. The attorney shall maintain appropriate documentation, including a current and detailed hourly accounting of time spent representing the capital defendant. The fee and payment schedule in this section is the exclusive means of compensating a court-appointed attorney who represents a capital defendant. When appropriate, a court-appointed attorney must seek further compensation from the Federal Government, as provided in 18 U.S.C. s. 3006A or other federal law, in habeas corpus litigation in the federal courts.

(4)  Upon approval by the trial court, an attorney appointed to represent a capital defendant under s. 27.710 is entitled to payment of the following fees by the Comptroller:

(a)  Regardless of the stage of postconviction capital collateral proceedings, the attorney is entitled to $100 per hour, up to a maximum of $2,500, after accepting appointment and filing a notice of appearance.

(b)  The attorney is entitled to $100 per hour, up to a maximum of $20,000, after timely filing in the trial court the capital defendant's complete original motion for postconviction relief under the Florida Rules of Criminal Procedure. The motion must raise all issues to be addressed by the trial court. However, an attorney is entitled to fees under this paragraph if the court schedules a hearing on a matter that makes the filing of the original motion for postconviction relief unnecessary or if the court otherwise disposes of the case.

(c)  The attorney is entitled to $100 per hour, up to a maximum of $20,000, after the trial court issues a final order granting or denying the capital defendant's motion for postconviction relief.

(d)  The attorney is entitled to $100 per hour, up to a maximum of $20,000, after timely filing in the Supreme Court the capital defendant's brief or briefs that address the trial court's final order granting or denying the capital defendant's motion for postconviction relief and the state petition for writ of habeas corpus.

(e)  The attorney is entitled to $100 per hour, up to a maximum of $10,000, after the trial court issues an order, pursuant to a remand from the Supreme Court, which directs the trial court to hold further proceedings on the capital defendant's motion for postconviction relief.

(f)  The attorney is entitled to $100 per hour, up to a maximum of $4,000, after the appeal of the trial court's denial of the capital defendant's motion for postconviction relief and the capital defendant's state petition for writ of habeas corpus become final in the Supreme Court.

(g)  At the conclusion of the capital defendant's postconviction capital collateral proceedings in state court, the attorney is entitled to $100 per hour, up to a maximum of $2,500, after filing a petition for writ of certiorari in the Supreme Court of the United States.

(h)  If, at any time, the Supreme Court of the United States accepts for review the capital defendant's collateral challenge of the conviction and sentence of death, the attorney is entitled to $100 per hour, up to a maximum of $5,000. This payment shall be full compensation for representing the capital defendant throughout the certiorari proceedings before the United States Supreme Court.

The hours billed by a contracting attorney under this subsection may include time devoted to representation of the defendant by another attorney who is qualified under s. 27.710 and who has been designated by the contracting attorney to assist him or her.

(5)  An attorney who represents a capital defendant may use the services of one or more investigators to assist in representing a capital defendant. Upon approval by the trial court, the attorney is entitled to payment from the Comptroller of $40 per hour, up to a maximum of $15,000, for the purpose of paying for investigative services.

¹(6)  An attorney who represents a capital defendant is entitled to a maximum of $15,000 for miscellaneous expenses, such as the costs of preparing transcripts, compensating expert witnesses, and copying documents. Upon approval by the trial court, the attorney is entitled to payment by the Comptroller of up to $15,000 for miscellaneous expenses, except that, if the trial court finds that extraordinary circumstances exist, the attorney is entitled to payment in excess of $15,000.

(7)  An attorney who is actively representing a capital defendant is entitled to a maximum of $500 per fiscal year for tuition and expenses for continuing legal education that pertains to the representation of capital defendants. Upon approval by the trial court, the attorney is entitled to payment by the Comptroller for expenses for such tuition and continuing legal education.

(8)  By accepting court appointment under s. 27.710 to represent a capital defendant, the attorney agrees to continue such representation under the terms and conditions set forth in this section until the capital defendant's sentence is reversed, reduced, or carried out, and the attorney is permitted to withdraw from such representation by a court of competent jurisdiction. However, if an attorney is permitted to withdraw or is otherwise removed from representation prior to full performance of the duties specified in this section, the trial court shall approve payment of fees and costs for work performed, which may not exceed the amounts specified in this section. An attorney who withdraws or is removed from representation shall deliver all files, notes, documents, and research to the successor attorney within 15 days after notice from the successor attorney. The successor attorney shall bear the cost of transmitting the files, notes, documents, and research.

(9)  An attorney may not represent more than five capital defendants at any one time.

(10)  This section does not authorize an attorney who represents a capital defendant to file repetitive or frivolous pleadings that are not supported by law or by the facts of the case. An action taken by an attorney who represents a capital defendant in postconviction capital collateral proceedings may not be the basis for a claim of ineffective assistance of counsel.

(11)  An attorney appointed under s. 27.710 to represent a capital defendant may not represent the capital defendant during a retrial, a resentencing proceeding, a proceeding commenced under chapter 940, a proceeding challenging a conviction or sentence other than the conviction and sentence of death for which the appointment was made, or any civil litigation other than habeas corpus proceedings.

(12)  The court shall monitor the performance of assigned counsel to ensure that the capital defendant is receiving quality representation. The court shall also receive and evaluate allegations that are made regarding the performance of assigned counsel. The Comptroller, the Department of Legal Affairs, the executive director, or any interested person may advise the court of any circumstance that could affect the quality of representation, including, but not limited to, false or fraudulent billing, misconduct, failure to meet continuing legal education requirements, solicitation to receive compensation from the capital defendant, or failure to file appropriate motions in a timely manner.

History.--s. 4, ch. 98-197; s. 5, ch. 99-221.

¹Note.--Section 6, ch. 99-221, provides that "[a]ny attorney who incurred miscellaneous expenses under section 27.711(6), Florida Statutes, before July 1, 1999, is entitled to payment for such miscellaneous expenses up to the amount specified in this act."