The Florida Senate

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

925.0352  Notice of hearings in capital cases; expedited hearings.

925.036  Appointed counsel; compensation; reassignment of case prohibited.

925.037  Reimbursement of counties for fees paid to appointed counsel; circuit conflict committees.

925.05  Statements or confessions; availability to defendant.

925.055  Law enforcement investigative funds.

925.07  Parent or guardian to be notified before trial of minor; service of notice.

925.08  Prisoners awaiting trial may be worked on roads and other projects.

925.09  Authority of state attorney to order autopsies.

925.11  Postsentencing DNA testing.

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

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

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

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

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

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

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

History.--s. 157, ch. 19554, 1939; CGL 1940 Supp. 8663(164); s. 1, ch. 29656, 1955; s. 1, ch. 67-502; s. 70, ch. 70-339; ss. 2, 4, ch. 76-287; s. 1, ch. 77-243; s. 493, ch. 81-259; s. 3, ch. 81-273; s. 1559, ch. 97-102; s. 153, ch. 2003-402.

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

Note.--Former s. 909.21.

925.0352  Notice of hearings in capital cases; expedited hearings.--

(1)  A notice of hearing must be filed contemporaneously with each pleading filed with the court in a capital case.

(2)  The trial court shall make every effort to expedite any hearing held by the court in a capital case.

History.--s. 4, ch. 98-198.

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

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

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

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

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

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

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

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

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

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

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

¹925.037  Reimbursement of counties for fees paid to appointed counsel; circuit conflict committees.--

(1)  Funds shall be appropriated each fiscal year to reimburse counties for fees paid to certain court-appointed attorneys. In order for a fee paid by a county to be reimbursable from such funds, the attorney must have been appointed pursuant to s. 27.53(3) or s. 925.035, must have been approved for such appointment by the circuit conflict committee prior to appointment, and must have been compensated within the maximum fee limits provided by s. 925.036, except that a fee is also reimbursable from such funds if paid by a county pursuant to a finding by a circuit court that the criminal case involved extraordinary circumstances such that the fee limits were inapplicable as a matter of law.

(2)  Beginning with the fiscal year commencing July 1, 1991, such funds shall be allocated among the respective counties by the Justice Administrative Commission on the basis of each county's proportionate share of the total number of cases assigned to the public defender statewide in the preceding calendar year, as reported by the public defenders to the legislative appropriations committees.

(3)  In each judicial circuit a circuit conflict committee shall be established. The committee shall consist of the following:

(a)  The chief judge of the judicial circuit or the chief judge's designated representative.

(b)  One representative of each board of county commissioners within the judicial circuit, each such representative to be designated by board resolution.

(c)  The public defender of the judicial circuit.

(4)  The responsibility of the circuit conflict committee is to select and approve attorneys for all appointments pursuant to ss. 27.53(3) and 925.035, commonly known as conflict case appointments. The circuit conflict committee shall meet at least once each year.

(5)(a)  The clerk of the circuit court in each county shall submit to the Justice Administrative Commission a statement of conflict counsel fees at least annually. Such statement shall identify total expenditures incurred by the county on fees of counsel appointed by the court pursuant to this section where such fees are taxed against the county by judgment of the court. On the basis of such statement of expenditures, the Justice Administrative Commission shall pay state conflict case appropriations to the county. The statement of conflict counsel fees shall be on a form prescribed by the Justice Administrative Commission in consultation with the Legislative Committee on Intergovernmental Relations and the Chief Financial Officer. Such form also shall provide for the separate reporting of total expenditures made by the county on attorney fees in cases in which other counsel were appointed by the court where the public defender was unable to accept the case as a result of a stated lack of resources. To facilitate such expenditure identification and reporting, the public defender, within 7 days of the appointment of such counsel by the court, shall report to the clerk of circuit court case-related information sufficient to permit the clerk to identify separately county expenditures on fees of such counsel. No county shall be required to submit any additional information to the commission on an annual or other basis in order to document or otherwise verify the expenditure information provided on the statement of conflict counsel fees form, except as provided in paragraph (c).

(b)  Before September 30 of each year, the clerk of the circuit court in each county shall submit to the Justice Administrative Commission a report of conflict counsel expenses and costs for the previous local government fiscal year. Such report shall identify expenditures incurred by the county on expenses and costs of counsel appointed by the court pursuant to this section where such expenses and costs are taxed against the county by judgment of the court. Such report of expenditures shall be on a form prescribed by the commission in consultation with the Legislative Committee on Intergovernmental Relations and the Chief Financial Officer, provided that such form shall at a minimum separately identify total county expenditures for witness fees and expenses, court reporter fees and costs, and defense counsel travel and per diem. Such form also shall provide for the separate reporting of total county expenditures on attorney expenses and costs in cases in which other counsel were appointed by the court where the public defender was unable to accept the case as a result of a stated lack of resources. To facilitate such expenditure identification and reporting, the public defender, within 7 days of the appointment of such counsel by the court, shall report to the clerk of the circuit court case-related information sufficient to permit the clerk to identify separately county expenditures on expenses and costs of such counsel. No county shall be required to submit any additional information to the Justice Administrative Commission on an annual or other basis in order to document or otherwise verify the expenditure information provided on the report of conflict counsel expenses and costs form, except as provided in paragraph (c).

(c)  Before September 30 of each year, each county shall submit to the Justice Administrative Commission a statement of compliance from its independent certified public accountant, engaged pursuant to chapter 11, that each of the forms submitted to the Justice Administrative Commission, as provided for in paragraphs (a) and (b), accurately represent county expenditures incurred in public defender conflict-of-interest cases during each reporting period covered by the statements. The statement of compliance also shall state that the expenditures made and reported were in compliance with relevant portions of Florida law. Such statement may be reflected as part of the annual audit. In the event that the statements are found to be accurate and the expenditures noted thereon to have been made in compliance with relevant portions of Florida law, no additional information or documentation shall be required to accompany the standardized statement of compliance submitted to the commission. If the statement of compliance submitted by the independent certified public accountant indicates that one or more of the forms contained inaccurate expenditure information or if expenditures incurred were not in compliance with relevant portions of Florida law, the commission may require the submission of additional information as may be necessary to identify the nature of the problem.

(d)  Upon the failure of a clerk of the circuit court or county to submit any report or information required by this section, the Justice Administrative Commission may refuse to honor any claim until such clerk or county is determined by the commission to be in compliance with such requirements. In the event that the statement of compliance submitted by a county pursuant to paragraph (c) indicates that the clerk of the circuit court claimed more than was actually expended by the county, the Justice Administrative Commission may require the clerk to submit complete supporting documentation of the county's expenditures on conflict-of-interest cases for the ensuing 3-year period.

(6)  No funds may be transferred to increase the amount available for reimbursement; however, these funds may be reallocated among the counties with the approval of the Justice Administrative Commission in consultation with the chairs of the legislative appropriations committees.

(7)  Nothing contained in this chapter shall be construed to be an appropriation. Once the allocation to the county has been expended, any further obligation under s. 27.53(3) shall continue to be the responsibility of the county pursuant to this chapter.

History.--s. 4, ch. 89-129; s. 2, ch. 90-159; s. 23, ch. 94-348; s. 8, ch. 96-311; s. 1843, ch. 97-102; s. 12, ch. 97-107; s. 113, ch. 99-3; s. 37, ch. 2000-171; ss. 21, 53, ch. 2001-254; s. 17, ch. 2002-2; s. 1922, ch. 2003-261; s. 153, ch. 2003-402.

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

925.05  Statements or confessions; availability to defendant.--On motion of the defendant after an indictment, information, or affidavit has been filed, the court shall order the prosecuting attorney to permit the defendant to photograph or copy any written or recorded statements or confessions of the defendant, whether they are signed or not. The order shall specify the time, place, and manner of taking the photographs or copies and any other conditions.

History.--s. 1, ch. 63-263; s. 170, ch. 70-339.

925.055  Law enforcement investigative funds.--

(1)  State and local law enforcement agencies which receive investigative and evidence funds from their budgetary authority or which receive special law enforcement trust funds for complex or protracted investigations shall adopt policies which provide for accountability of the expenditures of such funds.

(2)  The policies of local law enforcement agencies must provide for an annual financial audit to be performed in conformity with generally accepted government accounting principles. Local and state law enforcement agencies are not required to reveal to the auditors the names of confidential informants, and the audit report may not include information exempted in s. 119.07. The names of confidential informants are confidential and exempt from the provisions of s. 119.07(1).

History.--s. 49, ch. 88-381; s. 1, ch. 94-70; s. 438, ch. 96-406.

925.07  Parent or guardian to be notified before trial of minor; service of notice.--

(1)  When an unmarried minor is charged with an offense before any court in this state, notice of the charge shall be given before trial to the parent or guardian of the minor if the name and address is known. If the name and address is not known, notice shall be given to any friend or relative designated by the minor.

(2)  Notice required by this section may be made in the same manner as the service of summons. If the person to be notified is beyond the jurisdiction of the court, notice may be given by registered mail or telegram, and return of the service shall be made in the same manner as the return on a summons.

History.--ss. 1, 2, ch. 6221, 1911; RGS 6028; CGL 8322; s. 172, ch. 70-339; s. 1, ch. 77-119.

Note.--Former s. 932.38.

925.08  Prisoners awaiting trial may be worked on roads and other projects.--

(1)  When the county commissioners decide it will be for the benefit of a prisoner and in the public interest, they may employ at labor on the streets of incorporated cities or towns, on the roads, bridges, or other public works in the county, or on other projects for which the governing body of the county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of the county, a person charged with a misdemeanor and confined in the county jail for failure to give bail.

(2)  No person shall be employed under this section without her or his written consent.

(3)  No person shall work more than 10 hours in a 24-hour period.

(4)  If a person employed under this section is acquitted or discharged from further prosecution, she or he shall be paid by the county at the rate of $5 for each day employed.

(5)  If a person employed under this section is convicted, the time she or he was actually employed may be credited on any sentence of imprisonment, and if the person is fined, the value of the labor at $5 per day shall be credited to her or his fine and costs.

(6)  No charge for food and lodging shall be made against a prisoner employed under this section.

(7)  The county commissioners shall cause records to be kept of employment under this section, and a copy of the record shall be furnished to the court having jurisdiction of the prisoner.

History.--ss. 1-3, ch. 5260, 1903; GS 3945-3947; RGS 6047-6049; CGL 8348-8350; s. 173, ch. 70-339; s. 1, ch. 94-149; s. 1561, ch. 97-102.

Note.--Former ss. 932.42-932.44.

925.09  Authority of state attorney to order autopsies.--The state attorney may have an autopsy performed, before or after interment, on a dead body found in the county when she or he decides it is necessary in determining whether or not death was the result of a crime. Physicians performing the autopsy shall be paid reasonable fees by the county upon the approval of the county commission and the state attorney ordering the autopsy.

History.--s. 1, ch. 28019, 1953; s. 1, ch. 57-311; s. 174, ch. 70-339; s. 42, ch. 73-334; s. 1562, ch. 97-102; s. 83, ch. 2004-265.

Note.--Former s. 932.57.

925.11  Postsentencing DNA testing.--

¹(1)  Petition for examination.--

(a)  A person who has been tried and found guilty of committing a crime and has been sentenced by a court established by the laws of this state may petition that court to order the examination of physical evidence collected at the time of the investigation of the crime for which he or she has been sentenced which may contain DNA (deoxyribonucleic acid) and which would exonerate that person or mitigate the sentence that person received.

(b)  Except as provided in subparagraph 2., a petition for postsentencing DNA testing may be filed or considered:

1.  Within 4 years following the date that the judgment and sentence in the case becomes final if no direct appeal is taken, within 4 years following the date that the conviction is affirmed on direct appeal if an appeal is taken, within 4 years following the date that collateral counsel is appointed or retained subsequent to the conviction being affirmed on direct appeal in a capital case, or by October 1, 2005, whichever occurs later; or

2.  At any time if the facts on which the petition is predicated were unknown to the petitioner or the petitioner's attorney and could not have been ascertained by the exercise of due diligence.

(2)  Method for seeking postsentencing DNA testing.--

(a)  The petition for postsentencing DNA testing must be made under oath by the sentenced defendant and must include the following:

1.  A statement of the facts relied on in support of the petition, including a description of the physical evidence containing DNA to be tested and, if known, the present location or the last known location of the evidence and how it was originally obtained;

2.  A statement that the evidence was not previously tested for DNA or a statement that the results of any previous DNA testing were inconclusive and that subsequent scientific developments in DNA testing techniques would likely produce a definitive result;

3.  A statement that the sentenced defendant is innocent and how the DNA testing requested by the petition will exonerate the defendant of the crime for which the defendant was sentenced or will mitigate the sentence received by the defendant for that crime;

4.  A statement that identification of the defendant is a genuinely disputed issue in the case, and why it is an issue;

5.  Any other facts relevant to the petition; and

6.  A certificate that a copy of the petition has been served on the prosecuting authority.

(b)  Upon receiving the petition, the clerk of the court shall file it and deliver the court file to the assigned judge.

(c)  The court shall review the petition and deny it if it is insufficient. If the petition is sufficient, the prosecuting authority shall be ordered to respond to the petition within 30 days.

(d)  Upon receiving the response of the prosecuting authority, the court shall review the response and enter an order on the merits of the petition or set the petition for hearing.

(e)  Counsel may be appointed to assist the sentenced defendant if the petition proceeds to a hearing and if the court determines that the assistance of counsel is necessary and makes the requisite finding of indigency.

(f)  The court shall make the following findings when ruling on the petition:

1.  Whether the sentenced defendant has shown that the physical evidence that may contain DNA still exists;

2.  Whether the results of DNA testing of that physical evidence would be admissible at trial and whether there exists reliable proof to establish that the evidence has not been materially altered and would be admissible at a future hearing; and

3.  Whether there is a reasonable probability that the sentenced defendant would have been acquitted or would have received a lesser sentence if the DNA evidence had been admitted at trial.

(g)  If the court orders DNA testing of the physical evidence, the cost of such testing may be assessed against the sentenced defendant unless he or she is indigent. If the sentenced defendant is indigent, the state shall bear the cost of the DNA testing ordered by the court.

(h)  Any DNA testing ordered by the court shall be carried out by the Department of Law Enforcement or its designee, as provided in s. 943.3251.

(i)  The results of the DNA testing ordered by the court shall be provided to the court, the sentenced defendant, and the prosecuting authority.

(3)  Right to appeal; rehearing.--

(a)  An appeal from the court's order on the petition for postsentencing DNA testing may be taken by any adversely affected party.

(b)  An order denying relief shall include a statement that the sentenced defendant has the right to appeal within 30 days after the order denying relief is entered.

(c)  The sentenced defendant may file a motion for rehearing of any order denying relief within 15 days after service of the order denying relief. The time for filing an appeal shall be tolled until an order on the motion for rehearing has been entered.

(d)  The clerk of the court shall serve on all parties a copy of any order rendered with a certificate of service, including the date of service.

(4)  Preservation of evidence.--

(a)  Governmental entities that may be in possession of any physical evidence in the case, including, but not limited to, any investigating law enforcement agency, the clerk of the court, the prosecuting authority, or the Department of Law Enforcement shall maintain any physical evidence collected at the time of the crime for which a postsentencing testing of DNA may be requested.

(b)  Except for a case in which the death penalty is imposed, the evidence shall be maintained for at least the period of time set forth in subparagraph (1)(b)1. In a case in which the death penalty is imposed, the evidence shall be maintained for 60 days after execution of the sentence.

(c)  A governmental entity may dispose of the physical evidence before the expiration of the period of time set forth in paragraph (1)(b) if all of the conditions set forth below are met.

1.  The governmental entity notifies all of the following individuals of its intent to dispose of the evidence: the sentenced defendant, any counsel of record, the prosecuting authority, and the Attorney General.

2.  The notifying entity does not receive, within 90 days after sending the notification, either a copy of a petition for postsentencing DNA testing filed pursuant to this section or a request that the evidence not be destroyed because the sentenced defendant will be filing the petition before the time for filing it has expired.

3.  No other provision of law or rule requires that the physical evidence be preserved or retained.

History.--s. 1, ch. 2001-97; s. 1, ch. 2004-67.

¹Note.--Section 2, ch. 2004-67, provides that "[t]his act shall take effect upon becoming a law and shall operate retroactively to October 1, 2003."