SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Burt, Silver, and Gutman moved the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 7, line 19, through

16            page 10, line 21, delete those lines

17

18  and insert:

19         (3)  An attorney appointed to represent a capital

20  defendant is entitled to payment of the fees set forth in this

21  section only upon full performance by the attorney of the

22  duties specified in this section and approval of payment by

23  the trial court. The attorney shall maintain appropriate

24  documentation, including a current and detailed hourly

25  accounting of time spent representing the capital defendant.

26  The fee and payment schedule in this section is the exclusive

27  means of compensating a court-appointed attorney who

28  represents a capital defendant. When appropriate, a

29  court-appointed attorney may seek further compensation from

30  the Federal Government, as provided in 18 U.S.C. s. 3006A or

31  other federal law, in habeas corpus litigation in the federal

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    





 1  courts.

 2         (4)  Upon approval by the trial court, an attorney

 3  appointed to represent a capital defendant under s. 27.710 is

 4  entitled to payment of the following fees by the Comptroller:

 5         (a)  Regardless of the stage of postconviction capital

 6  collateral proceedings, the attorney is entitled to $100 per

 7  hour, up to a maximum of $2,500, upon accepting appointment

 8  and filing a notice of appearance. This fee is in the nature

 9  of a fee for a retainer agreement.

10         (b)  The attorney is entitled to $100 per hour, up to a

11  maximum of $20,000, after timely filing in the trial court the

12  capital defendant's complete original motion for

13  postconviction relief under the Florida Rules of Criminal

14  Procedure. The motion must raise all issues to be addressed by

15  the trial court.

16         (c)  The attorney is entitled to $100 per hour, up to a

17  maximum of $10,000, after the trial court issues a final order

18  granting or denying the capital defendant's motion for

19  postconviction relief.

20         (d)  The attorney is entitled to $100 per hour, up to a

21  maximum of $4,000, after timely filing in the Supreme Court

22  the capital defendant's brief or briefs that address the trial

23  court's final order granting or denying the capital

24  defendant's motion for postconviction relief and the state

25  petition for writ of habeas corpus.

26         (e)  The attorney is entitled to $100 per hour, up to a

27  maximum of $20,000, after the appeal of the trial court's

28  denial of the capital defendant's motion for postconviction

29  relief and the capital defendant's state petition for writ of

30  habeas corpus become final in the Supreme Court.

31         (f)  At the conclusion of the capital defendant's

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    





 1  postconviction capital collateral proceedings in state court,

 2  the attorney is entitled to $100 per hour, up to a maximum of

 3  $2,500, after filing a petition for writ of certiorari in the

 4  Supreme Court of the United States.

 5         (g)  If, at any time, the Supreme Court of the United

 6  States accepts for review the capital defendant's collateral

 7  challenge of the conviction and sentence of death, the

 8  attorney is entitled to $100 per hour, up to a maximum of

 9  $5,000. This payment shall be full compensation for

10  representing the capital defendant throughout the certiorari

11  proceedings before the United States Supreme Court.

12         (5)  An attorney who represents a capital defendant may

13  use the services of one or more investigators to assist in

14  representing a capital defendant. Upon approval by the trial

15  court, the attorney is entitled to payment from the

16  Comptroller of $40 per hour, up to a maximum of $15,000, for

17  the purpose of paying for investigative services.

18         (6)  An attorney who represents a capital defendant is

19  entitled to a maximum of $5,000 for miscellaneous expenses,

20  such as the costs of preparing transcripts, compensating

21  expert witnesses, and copying documents. Upon approval by the

22  trial court, the attorney is entitled to payment by the

23  Comptroller for miscellaneous expenses.

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 30, after the semicolon,

29

30  insert:

31         requiring that the trial court approve the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    





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