HOUSE AMENDMENT
                                                  Bill No. SB 1568
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Goodlette offered the following:
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13         Amendment (with title amendment) 
14         On page 1, line 16, of the bill
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16  insert:  Section 1.  Section 27.7001 is amended to read:
17         27.7001  Legislative intent and findings.--It is the
18  intent of the Legislature to create part IV of this chapter,
19  consisting of ss. 27.7001-27.711 27.708, inclusive, to provide
20  for the collateral representation of any person convicted and
21  sentenced to death in this state, so that collateral legal
22  proceedings to challenge any Florida capital conviction and
23  sentence may be commenced in a timely manner and so as to
24  assure the people of this state that the judgments of its
25  courts may be regarded with the finality to which they are
26  entitled in the interests of justice.  It is the further
27  intent of the Legislature that collateral representation shall
28  not include representation during retrials, resentencings,
29  proceedings commenced under chapter 940, or civil litigation.
30         Section 2.  Section 27.7002 is created to read:
31         27.7002. Limitation on collateral representation,
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    File original & 9 copies    03/21/02                          
    hcp0006                     05:10 pm         01568-0076-801921

HOUSE AMENDMENT Bill No. SB 1568 Amendment No. ___ (for drafter's use only) 1 lawyer disqualification, use of state funds for excess fees 2 not authorized-- 3 (1) This chapter does not create any right on behalf 4 of any person, provided counsel pursuant to any provision of 5 this chapter, to challenge in any form or manner the adequacy 6 of the collateral representation provided. 7 (2) With respect to counsel appointed to represent 8 defendants in collateral proceedings pursuant to ss. 27.710 9 and 27.711, the sole method of assuring adequacy of 10 representation provided shall be in accordance with the 11 provisions of s. 27.711(12). 12 (3) No provision of this chapter shall be construed to 13 generate any right on behalf of any attorney appointed 14 pursuant to s. 27.710, or seeking appointment pursuant to s. 15 27.710, to be compensated above the amounts provided in s. 16 27.711. 17 (4) No attorney may be appointed, at state expense, to 18 represent any defendant in collateral legal proceedings except 19 as expressly authorized in this chapter. 20 (5) The use of state funds for compensation of counsel 21 appointed pursuant to s. 27.710 above the amounts set forth in 22 s. 27.711 is not authorized. 23 (6) The executive director of the Commission on 24 Capital Cases is authorized to permanently remove from the 25 registry of attorneys provided in ss. 27.710 and 27.711, any 26 attorney who seeks compensation for services above the amounts 27 provided in s. 27.711. 28 (7) Any attorney who notifies any court, judge, state 29 attorney, the Attorney General, or the executive director of 30 the Commission on Capital Cases, that he or she can not for 31 any reason provide adequate or proper representation under the 2 File original & 9 copies 03/21/02 hcp0006 05:10 pm 01568-0076-801921
HOUSE AMENDMENT Bill No. SB 1568 Amendment No. ___ (for drafter's use only) 1 terms and conditions set forth in s. 27.711 shall be 2 permanently disqualified from any attorney registry created 3 under this chapter. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 1, line 3, 9 10 after the semicolon insert: 11 amending s. 27.7001, F.S.; providing 12 legislative intent; creating s. 27.7002, F.S.; 13 relating to adequacy of capital collateral 14 representation; relating to compensation of 15 attorneys; requiring appointment in accordance 16 with chapter; authorizing removal of attorney 17 from registry under certain circumstances; 18 providing for permanent disqualification from 19 attorney registry under certain circumstances; 20 21 22 23 24 25 26 27 28 29 30 31 3 File original & 9 copies 03/21/02 hcp0006 05:10 pm 01568-0076-801921