Senate Bill sb1184c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                    CS for CS for SB 1184

    By the Committees on Appropriations; Judiciary; and Senator
    Villalobos




    309-2206-03

  1                      A bill to be entitled

  2         An act relating to the judicial branch of

  3         government; amending s. 27.02, F.S.; requiring

  4         the state attorney to provide discovery

  5         materials to a defendant; providing for fees to

  6         be charged unless the defendant is indigent;

  7         amending s. 27.15, F.S.; providing for payment

  8         of expenses for a state attorney to assist in

  9         another circuit; amending ss. 27.34 and 27.54,

10         F.S.; prohibiting counties or municipalities

11         from funding the state attorneys' offices for

12         prosecution of violations of special laws or

13         ordinances; eliminating provisions authorizing

14         the use of funds for certain civil and criminal

15         proceedings; eliminating provisions requiring

16         counties to provide certain services and pay

17         certain fees, expenses, and costs incurred by

18         the state attorney or public defender; amending

19         s. 27.3455, F.S., relating to the annual

20         statement of revenues and expenditures;

21         conforming provisions to changes made by the

22         act; amending s. 27.51, F.S., relating to

23         duties of the public defender; specifying

24         additional indigent persons for whom the public

25         defender is required to secure representation;

26         deleting provisions relating to limitations on

27         representation by public defenders in direct

28         appeals of death penalty cases; amending s.

29         27.53, F.S.; providing criteria for determining

30         whether a conflict of interest exists;

31         prohibiting withdrawal based solely on lack of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         funding or excess workload; providing that

 2         circuit indigent representation committees

 3         approve qualifications; amending s. 27.562,

 4         F.S.; providing that certain funds must be

 5         remitted to the state, not to counties;

 6         amending s. 27.58, F.S.; providing for the

 7         administration of indigent representation

 8         services; redesignating certain public defender

 9         services as indigent representation services;

10         amending s. 28.24, F.S., relating to service

11         charges by clerks of the circuit court;

12         directing the clerk of court to provide access

13         to and copies of public records held by the

14         clerk, without charge, to any judge or justice,

15         state attorney, public defender, and certain

16         court staff; amending s. 29.001, F.S.; defining

17         the elements of the state courts system;

18         providing for using state revenue to pay

19         certain costs associated with those elements;

20         specifying expenses that counties must pay;

21         amending s. 29.002, F.S.; revising the basis

22         for funding, to implement s. 14, Art. V of the

23         State Constitution by a specified date;

24         amending s. 29.004, F.S.; revising and

25         expanding the list of elements of the state

26         courts system; amending s. 29.005, F.S.;

27         providing for funding state attorneys' offices

28         and paying prosecution expenses from state

29         revenues; providing for additional expenses;

30         amending s. 29.006, F.S.; revising and

31         expanding the list of elements of public

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         defenders' offices; amending s. 29.007, F.S.;

 2         revising and expanding the list of elements of

 3         court-appointed counsel; providing for funding

 4         from state revenues; amending s. 29.008, F.S.,

 5         relating to county funding of court-related

 6         functions; redefining terms; providing

 7         standards that facilities and communications

 8         systems and services must meet to qualify for

 9         funding; requiring that the integrated computer

10         system be made capable of electronically

11         exchanging certain data using specified means

12         at certain levels by a specific date; providing

13         for defining local requirements and adopting a

14         budget therefor; amending s. 43.26, F.S.;

15         redesignating the presiding judge of the

16         circuit as the chief judge of the circuit;

17         providing additional powers of the chief judge;

18         creating s. 40.001, F.S.; specifying authority

19         for the management of the jury system;

20         clarifying duties as to administration and

21         processing of jurors; providing authority to

22         the clerks of the circuit courts to contract

23         with the court for specified services for jury

24         processing; amending s. 92.153, F.S.; providing

25         maximum charges for documents produced pursuant

26         to subpoenas or records request issued by the

27         state attorney or the public defender; amending

28         s. 925.035, F.S.; amending standards for

29         attorneys who handle capital cases; revising

30         procedures and provisions relating to their

31         compensation; amending s. 925.036, F.S.;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         providing for the circuit indigent

 2         representation committee to fix the rate of

 3         compensation of certain appointed counsel;

 4         prescribing the qualifications of attorneys who

 5         represent indigent defendants; amending s.

 6         925.037, F.S.; providing for the composition,

 7         staff, responsibilities, and funding of circuit

 8         indigent representation committees; requiring

 9         the preparation and distribution of a statewide

10         comparative budget report relating to circuit

11         indigent representation committees by the

12         Justice Administrative Commission; providing

13         for the appropriation of funds for attorney's

14         fees and expenses in criminal conflict cases

15         and in child dependency cases and other

16         court-appointed attorney cases; providing that

17         the transfer of the funding source for the

18         state courts system shall not affect the

19         validity of pending proceedings; providing that

20         the entity responsible for providing

21         appropriations after July 1, 2004, shall be the

22         successor in interest to existing contracts;

23         providing that the successor in interest to

24         existing contracts is not responsible for

25         funding or payment of any service rendered

26         prior to July 1, 2004; amending s. 43.35, F.S.;

27         redesignating witness coordinating offices as

28         witness coordinating programs; providing for

29         circuit courts, rather than court

30         administrators, to establish such programs;

31         authorizing a judge or justice to perform any

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         judicial act on any day of the week; repealing

 2         ss. 27.005, 27.006, 27.385, 27.52(1)(a),

 3         29.011, 40.02(3), F.S., relating to

 4         definitions, court reporting services, budget

 5         expenditures, determination of indigency for

 6         purposes of appointing a public defender or

 7         conflict attorney, a pilot project, and the

 8         selection of jury lists; reenacting s. 943.053,

 9         F.S., relating to the dissemination of criminal

10         justice information, to incorporate the

11         amendments to ss. 27.51 and 27.53, F.S.;

12         requiring a report on costs of court-related

13         services provided by the counties; providing

14         specific requirements; providing for

15         reimbursement of certain expenses; providing an

16         appropriation; providing effective dates.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Effective July 1, 2004, section 27.02,

21  Florida Statutes, is amended to read:

22         27.02  Duties before court.--

23         (1)  The state attorney shall appear in the circuit and

24  county courts within his or her judicial circuit and prosecute

25  or defend on behalf of the state all suits, applications, or

26  motions, civil or criminal, in which the state is a party,

27  except as provided in chapters 39, 984, and 985.  The intake

28  procedures of chapters 39, 984, and 985 shall apply as

29  provided therein.

30         (2)  The state attorney shall provide to the defendant

31  all discovery materials required pursuant to the applicable

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  rule of procedure and may charge fees as provided for in s.

 2  119.07(1)(a) but may not exceed 15 cents per page for a copy

 3  of a noncertified copy of a public record. However, fees may

 4  not be charged under this subsection if the defendant has been

 5  determined to be indigent as provided in s. 27.52.

 6         Section 2.  Effective July 1, 2004, subsection (2) of

 7  section 27.15, Florida Statutes, is amended to read:

 8         27.15  State attorneys to assist in other circuits.--

 9         (2)  When any state attorney is required to go beyond

10  the limits of the circuit in which he or she holds office to

11  comply with this section or on other official business

12  performed at the direction of the Governor, the expenses that

13  would otherwise not have been incurred but for the executive

14  assignment incurred shall be borne by the state and shall be

15  paid from the appropriation provided by the state for the

16  state attorney who is being assisted in the discharge of his

17  or her duties circuit courts. Other costs attendant to the

18  prosecution of such cases shall be paid by the entity

19  obligated to pay the expense in the absence of an executive

20  assignment.

21         Section 3.  Effective July 1, 2004, section 27.34,

22  Florida Statutes, is amended to read:

23         27.34  Salaries and other related costs of state

24  attorneys' offices; limitations.--

25         (1)  A No county or municipality may not contract with,

26  or shall appropriate or contribute funds to the operation of,

27  the various state attorneys for the prosecution of, except

28  that a county or municipality may appropriate or contribute

29  funds to pay the salary of one assistant state attorney whose

30  sole function shall be to prosecute violations of special laws

31  or ordinances of the county or municipality. and may provide

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  Persons employed by the county or municipality may be provided

 2  to the state attorney to serve as special investigators

 3  pursuant to the provisions of s. 27.251.  However, any county

 4  or municipality may contract with the state attorney of the

 5  judicial circuit in which such county or municipality is

 6  located for the prosecution of violations of county or

 7  municipal ordinances.  In addition, a county or municipality

 8  may appropriate or contribute funds to pay the salary of one

 9  or more assistant state attorneys who are trained in the use

10  of the civil and criminal provisions of the Florida RICO Act,

11  chapter 895, and whose sole function is to investigate and

12  prosecute civil and criminal RICO actions when one or more

13  offenses identified in s. 895.02(1)(a) occur within the

14  boundaries of the municipality or county.

15         (2)  The state attorneys shall be provided by the

16  counties within their judicial circuits with such office

17  space, utilities, telephone service, custodial services,

18  library services, transportation services, and communication

19  services as may be necessary for the proper and efficient

20  functioning of these offices, except as otherwise provided in

21  the General Appropriations Act. The state attorney's office

22  shall also be provided with pretrial consultation fees for

23  expert or other potential witnesses consulted before trial by

24  the state attorney; travel expenses incurred in criminal cases

25  by a state attorney in connection with out-of-jurisdiction

26  depositions; out-of-state travel expenses incurred by

27  assistant state attorneys or by investigators of state

28  attorneys while attempting to locate and interrogate witnesses

29  for the state attorney in the prosecution of a criminal case;

30  court reporter costs incurred by the state attorney during the

31  course of an investigation and criminal prosecution which

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  costs are certified by the state attorney as being useful and

 2  necessary in the prosecution, provided that nothing herein

 3  shall be construed to prohibit the county from contesting the

 4  reasonableness of the expenditure in the court wherein the

 5  criminal case is brought; postindictment and postinformation

 6  deposition costs incurred by the state attorney during the

 7  course of a criminal prosecution of an insolvent defendant

 8  when such costs are certified by the state attorney as being

 9  useful and necessary in the prosecution, provided that nothing

10  herein shall be construed to prohibit the county from

11  contesting the reasonableness of the expenditure in the court

12  wherein the criminal case is brought; and the cost of copying

13  depositions of state witnesses taken by the public defender,

14  court-appointed counsel, or private retained counsel, when

15  such costs are certified by the state attorney as being useful

16  and necessary in the prosecution, provided that nothing herein

17  shall be construed to prohibit the county from contesting the

18  reasonableness of the expenditure in the court wherein the

19  criminal case is brought. The office space to be provided by

20  the counties shall not be less than the standards for space

21  allotment adopted by the Department of Management Services,

22  nor shall these services and office space be less than were

23  provided in the prior fiscal year.

24         (2)(3)  It is hereby prohibited for any state attorney

25  to receive from any county or municipality any supplemental

26  salary. However in judicial circuits with a population of 1

27  million or more, state attorneys presently holding office and

28  now receiving a county supplement may continue to receive a

29  county salary supplement at the discretion of the counties for

30  the remainder of their term of office.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (3)(4)  Notwithstanding s. 27.25, the Insurance

 2  Commissioner may contract with the state attorney of any

 3  judicial circuit of the state for the prosecution of criminal

 4  violations of the Workers' Compensation Law and related crimes

 5  and may contribute funds for such purposes. Such contracts may

 6  provide for the training, salary, and expenses of one or more

 7  assistant state attorneys used in the prosecution of such

 8  crimes.

 9         Section 4.  Effective July 1, 2004, subsection (1),

10  paragraph (a) of subsection (2), and subsection (3) of section

11  27.3455, Florida Statutes, are amended to read:

12         27.3455  Annual statement of certain revenues and

13  expenditures.--

14         (1)  Each county shall submit annually to the

15  Comptroller a statement of revenues and expenditures as set

16  forth in this section in the form and manner prescribed by the

17  Comptroller in consultation with the Legislative Committee on

18  Intergovernmental Relations, provided that such statement

19  identify total county expenditures on:

20         (a)  Medical examiner services.

21         (b)  County victim witness programs.

22         (c)  Each of the services outlined in s. 29.008 ss.

23  27.34(2) and 27.54(3).

24         (d)  Appellate filing fees in criminal cases in which

25  an indigent defendant appeals a judgment of a county or

26  circuit court to a district court of appeal or the Florida

27  Supreme Court.

28         (e)  Other court-related costs of the state attorney

29  and public defender that were paid by the county where such

30  costs were included in a judgment or order rendered by the

31  trial court against the county.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  

 2  Such statement also shall identify the revenues provided by s.

 3  938.05(1) that were used to meet or reimburse the county for

 4  such expenditures.

 5         (2)(a)  Within 6 months of the close of the local

 6  government fiscal year, each county shall submit to the

 7  Comptroller a statement of compliance from its independent

 8  certified public accountant, engaged pursuant to s. 218.39,

 9  that the certified statement of expenditures was in accordance

10  with s. 29.008 ss. 27.34(2), 27.54(3), and this section. All

11  discrepancies noted by the independent certified public

12  accountant shall be included in the statement furnished by the

13  county to the Comptroller.

14         (3)  The priority for the allocation of funds collected

15  pursuant to s. 938.05(1) shall be as follows:

16         (a)  Reimbursement to the county for actual county

17  expenditures incurred in providing the state attorney and

18  public defender the services outlined in s. 29.008 ss.

19  27.34(2) and 27.54(3), with the exception of facilities office

20  space, utilities, and maintenance, as these terms are defined

21  in s. 29.008 custodial services.

22         (b)  At the close of the local government fiscal year,

23  funds remaining on deposit in the special trust fund of the

24  county after reimbursements have been made pursuant to

25  paragraph (a) shall be reimbursed to the county for actual

26  county expenditures made in support of the operations and

27  services of medical examiners, including the costs associated

28  with the investigation of state prison inmate deaths. Special

29  county trust fund revenues used to reimburse the county for

30  medical examiner expenditures in any year shall not exceed $1

31  per county resident.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (c)  At the close of the local government fiscal year,

 2  counties establishing or having in existence a comprehensive

 3  victim-witness program which meets the standards set by the

 4  Crime Victims' Services Office shall be eligible to receive 50

 5  percent matching moneys from the balance remaining in the

 6  special trust fund after reimbursements have been made

 7  pursuant to paragraphs (a) and (b).  Special trust fund moneys

 8  used in any year to supplement such programs shall not exceed

 9  25 cents per county resident.

10         (d)  At the close of the local government fiscal year,

11  funds remaining in the special trust fund after reimbursements

12  have been made pursuant to paragraphs (a), (b), and (c) shall

13  be used to reimburse the county for county costs incurred in

14  the provision of facilities office space, utilities, and

15  maintenance, as these terms are defined in s. 29.008,

16  custodial services to the state attorney and public defender,

17  for county expenditures on appellate filing fees in criminal

18  cases in which an indigent defendant appeals a judgment of a

19  county or circuit court to a district court of appeal or the

20  Florida Supreme Court, and for county expenditures on

21  court-related costs of the state attorney and public defender

22  that were paid by the county, provided that such court-related

23  costs were included in a judgment or order rendered by the

24  trial court against the county.  Where a state attorney or a

25  public defender is provided space in a county-owned facility,

26  responsibility for calculating county costs associated with

27  the provision of such office space, utilities, and maintenance

28  custodial services is hereby vested in the Chief Financial

29  Officer Comptroller in consultation with the Legislative

30  Committee on Intergovernmental Relations.

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         Section 5.  Effective July 1, 2004, section 27.51,

 2  Florida Statutes, is amended to read:

 3         27.51  Duties of public defender.--

 4         (1)  The public defender shall represent or secure

 5  representation for, without additional compensation, any

 6  person who is determined by the court to be indigent as

 7  provided in s. 27.52 and who is:

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

 9  including a capital offense;

10         (b)  Under arrest for, or is charged with, a

11  misdemeanor, a violation of chapter 316 which is punishable by

12  imprisonment, or criminal contempt, or a violation of a

13  municipal or county ordinance in the county court, unless the

14  court, prior to trial, issues files in the cause an order

15  certifying no incarceration as provided in Rule 3.111, Florida

16  Rules of Criminal Procedure of no imprisonment which states

17  that the defendant will not be imprisoned if he or she is

18  convicted;

19         (c)  Entitled to representation as provided in chapter

20  39, as a parent who is a party or participant in any

21  proceeding under such chapter;

22         (d)  Entitled to representation as provided in chapter

23  384, as a person who is alleged to be infected with a sexually

24  transmitted disease and for whom isolation, hospitalization,

25  or confinement is sought;

26         (e)  Entitled to representation as provided in s.

27  390.01115, as a minor in a proceeding under such section;

28         (f)  Entitled to representation as provided in chapter

29  392, as a person who is alleged to be infected with active

30  tuberculosis and for whom isolation, hospitalization, or

31  confinement is sought;

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (g)  Entitled to representation as provided in chapter

 2  393, as a person who is alleged to be developmentally disabled

 3  and for whom involuntary admission to residential services or

 4  appointment of a guardian advocate is sought;

 5         (h)  Entitled to representation regardless of indigency

 6  as provided in part I of chapter 394, as a person who is

 7  alleged to be mentally ill and for whom involuntary

 8  confinement for evaluation or treatment is sought;

 9         (i)  Entitled to representation as provided in part I

10  of chapter 394, as a person who is alleged to be mentally ill

11  and for whom appointment of a guardian advocate is sought;

12         (j)  Entitled to representation as provided in part V

13  of chapter 394, as a person who is alleged to be a sexually

14  violent predator and for whom involuntary confinement for

15  evaluation and treatment is sought;

16         (k)  Entitled to representation as provided in chapter

17  397, as a person who is alleged to be substance-abuse impaired

18  and for whom involuntary assessment, stabilization, or

19  treatment is sought;

20         (l)  Entitled to representation under s. 415.1051, as a

21  vulnerable adult alleged to be in need of protective

22  services;  

23         (m)  Entitled to representation as provided in chapter

24  744, as a person who is alleged to be incapacitated and for

25  whom an involuntary guardianship is sought;

26         (n)  Entitled to representation as provided in s.

27  916.15, as a forensic client for whom involuntary commitment

28  is sought subsequent to an acquittal by reason of insanity;

29         (o)  Entitled to representation as a person who is

30  alleged to be a violator of parole, conditional release,

31  conditional medical release, or addiction-recovery supervision

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  when the public defender has entered into a contract with the

 2  Control Release Authority or the Parole Commission under s.

 3  947.146(7)(g);

 4         (p)  Entitled to representation under chapter 984, as a

 5  child, or child's parent or legal guardian who is alleged to

 6  be in need of services or as a child alleged to be in contempt

 7  under this chapter; or

 8         (q)  Entitled to representation as provided under part

 9  II of chapter 985.

10         (c)  Alleged to be a delinquent child pursuant to a

11  petition filed before a circuit court; or

12         (d)  Sought by petition filed in such court to be

13  involuntarily placed as a mentally ill person or sexually

14  violent predator or involuntarily admitted to residential

15  services as a person with developmental disabilities.

16         (2)  However, a public defender does not have the

17  authority to represent any person who is a plaintiff in a

18  civil action brought under the Florida Rules of Civil

19  Procedure, the Federal Rules of Civil Procedure, or the

20  federal statutes, or who is a petitioner in an administrative

21  proceeding challenging a rule under chapter 120, unless

22  specifically authorized by statute.

23         (3)(2)  The court may not appoint the public defender

24  to represent, even on a temporary basis, any person who is not

25  indigent.  The court, however, may appoint private counsel in

26  capital cases as provided in s. 925.035.

27         (4)(3)  Each public defender shall serve on a full-time

28  basis and is prohibited from engaging in the private practice

29  of law while holding office. Assistant public defenders shall

30  give priority and preference to their duties as assistant

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  public defenders and shall not otherwise engage in the

 2  practice of criminal law.

 3         (5)(4)  The public defender for a judicial circuit

 4  enumerated in this subsection shall, after the record on

 5  appeal is transmitted to the appellate court by the office of

 6  the public defender which handled the trial and if requested

 7  by any public defender within the indicated appellate

 8  district, handle all felony appeals arising out of cases

 9  enumerated under subsection (1) to the state and federal

10  courts required of the official making such request:

11         (a)  Public defender of the second judicial circuit, on

12  behalf of any public defender within the district comprising

13  the First District Court of Appeal.

14         (b)  Public defender of the tenth judicial circuit, on

15  behalf of any public defender within the district comprising

16  the Second District Court of Appeal.

17         (c)  Public defender of the eleventh judicial circuit,

18  on behalf of any public defender within the district

19  comprising the Third District Court of Appeal.

20         (d)  Public defender of the fifteenth judicial circuit,

21  on behalf of any public defender within the district

22  comprising the Fourth District Court of Appeal.

23         (e)  Public defender of the seventh judicial circuit,

24  on behalf of any public defender within the district

25  comprising the Fifth District Court of Appeal.

26         (5)  When the public defender for a judicial circuit

27  enumerated in subsection (4) has represented at trial a person

28  sentenced to death, the public defender shall not represent

29  that person in any direct appellate proceedings. That public

30  defender shall notify the Florida Supreme Court within 10 days

31  after filing a notice of appeal, and the Court shall appoint

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  another public defender enumerated in subsection (4) to

 2  represent the person in any direct appellate proceedings.

 3         (6)(a)  When direct appellate proceedings prosecuted by

 4  a public defender on behalf of an accused and challenging a

 5  judgment of conviction and sentence of death terminate in an

 6  affirmance of such conviction and sentence, whether by the

 7  Florida Supreme Court or by the United States Supreme Court or

 8  by expiration of any deadline for filing such appeal in a

 9  state or federal court, the public defender shall notify the

10  accused of his or her rights pursuant to Rule 3.850, Florida

11  Rules of Criminal Procedure, including any time limits

12  pertinent thereto, and shall advise such person that

13  representation in any collateral proceedings is the

14  responsibility of the capital collateral representative.  The

15  public defender shall then forward all original files on the

16  matter to the capital collateral representative, retaining

17  such copies for his or her files as may be desired. However,

18  the trial court shall retain the power to appoint the public

19  defender or other attorney not employed by the capital

20  collateral representative to represent such person in

21  proceedings for relief by executive clemency pursuant to s.

22  925.035.

23         (b)  It is the intent of the Legislature that any

24  public defender representing an inmate in any collateral

25  proceedings in any court on June 24, 1985, shall continue

26  representation of that inmate in all postconviction

27  proceedings unless relieved of responsibility from further

28  representation by the court.

29         (7)  A sum shall be appropriated to the public defender

30  of each judicial circuit enumerated in subsection (5) (4) for

31  the employment of assistant public defenders and clerical

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  employees and the payment of expenses incurred in cases on

 2  appeal.

 3         Section 6.  Effective July 1, 2004, subsections (2) and

 4  (3) of section 27.53, Florida Statutes, are amended to read:

 5         27.53  Appointment of assistants and other staff;

 6  method of payment.--

 7         (2)  Any member of The Florida Bar, in good standing,

 8  may volunteer register his or her availability to the public

 9  defender of any judicial circuit for acceptance of special

10  assignments without salary to represent indigent defendants.

11  Temporarily employed attorneys and volunteer attorneys are to

12  be Such persons shall be listed and referred to as special

13  assistant public defenders and be paid a fee and costs and

14  expenses as provided in s. 925.036. A special assistant public

15  defender may not reassign or subcontract a case to another

16  attorney.

17         (3)  If, at any time during the representation of two

18  or more indigents, the public defender determines that the

19  interests of those represented accused are so adverse or

20  hostile that they cannot all be counseled by the public

21  defender or his or her staff without conflict of interest, or

22  that none can be counseled by the public defender or his or

23  her staff because of conflict of interest, the public defender

24  shall file a motion to withdraw and move the court to appoint

25  other counsel. In determining whether there is a conflict of

26  interest, each public defender shall apply the uniform

27  conflict standards adopted by the Florida Public Defender

28  Association. The court shall review and may inquire or conduct

29  a hearing into the adequacy of the public defender's

30  representations regarding a conflict of interest without

31  requiring the disclosure of any confidential communications.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  The court shall permit withdrawal unless the court determines

 2  that the asserted conflict is not prejudicial to the indigent

 3  client. In no case shall the court approve a withdrawal by the

 4  public defender based solely upon inadequacy of funding or

 5  excess workload of the public defender. If the court grants

 6  the motion to withdraw, it shall appoint one or more attorneys

 7  who meet the eligibility and performance requirements set by

 8  the Florida Public Defenders Association and the Office of

 9  State Courts Administrator under s. 925.037 may appoint one or

10  more members of The Florida Bar, who are in no way affiliated

11  with the public defender, in his or her capacity as such, or

12  in his or her private practice, to represent those accused.

13  However, The trial court shall appoint conflict such other

14  counsel in the manner approved by the circuit indigent

15  representation committee upon its own motion when the facts

16  developed upon the face of the record and files in the cause

17  disclose such conflict.  The court shall advise the

18  appropriate public defender and clerk of court, in writing,

19  when making such appointment and state the conflict prompting

20  the appointment.  The appointed attorney shall be compensated

21  as provided in ss. s. 925.036 and 925.037.

22         Section 7.  Effective July 1, 2004, section 27.54,

23  Florida Statutes, is amended to read:

24         27.54  Expenditures for public defender's office.--

25         (1)  All payments for the salary of the public defender

26  and the necessary expenses of office, including salaries of

27  assistants and staff, shall be considered as being for a valid

28  public purpose.  Travel expenses shall be paid in accordance

29  with the provisions of s. 112.061.

30         (2)  A No county or municipality may not contract with,

31  or shall appropriate or contribute funds to, the operation of

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  the offices of the various public defenders for the purpose of

 2  defending, except that a county or municipality may

 3  appropriate or contribute funds to:

 4         (a)  Pay the salary of one assistant public defender

 5  whose sole function shall be to defend indigents charged with

 6  violations of special laws or with violations of ordinances of

 7  the county or municipality.

 8         (b)  Employ legal and support staff to be supervised by

 9  the public defender upon certification by the public defender

10  that inadequate resources will result in withdrawal from

11  current cases or inability to accept additional appointments.

12         (3)  The public defenders shall be provided by the

13  counties within their judicial circuits with such office

14  space, utilities, telephone services, custodial services,

15  library services, transportation services, and communication

16  services as may be necessary for the proper and efficient

17  functioning of these offices, except as otherwise provided in

18  the General Appropriations Act.  The public defender's offices

19  shall also be provided with pretrial consultation fees for

20  expert or other potential witnesses consulted before trial by

21  the public defender; travel expenses incurred in criminal

22  cases by a public defender in connection with

23  out-of-jurisdiction depositions; out-of-state and

24  out-of-jurisdiction travel expenses incurred by public

25  defenders or by investigators of public defenders while

26  attempting to locate and interrogate witnesses for the public

27  defender in the defense of a criminal case; court reporter

28  costs incurred by the public defender during the course of an

29  investigation and criminal prosecution, which costs are

30  certified by the public defender as being useful and necessary

31  in the preparation of a criminal defense, provided that

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  nothing herein shall be construed to prohibit the county from

 2  contesting the reasonableness of the expenditure in the court

 3  wherein the criminal case is brought; postindictment and

 4  postinformation deposition costs incurred by the public

 5  defender during the course of a criminal prosecution of an

 6  indigent defendant when such costs are certified by the public

 7  defender as being useful and necessary in the preparation of a

 8  criminal defense, provided that nothing herein shall be

 9  construed to prohibit the county from contesting the

10  reasonableness of the expenditure in the court wherein the

11  criminal case is brought; and the cost of copying depositions

12  of defense witnesses taken by the state attorney when such

13  costs are certified by the public defender as being useful and

14  necessary in the preparation of a criminal defense, provided

15  that nothing herein shall be construed to prohibit the county

16  from contesting the reasonableness of the expenditure in the

17  court wherein the criminal case is brought. The office space

18  and utilities to be provided by the counties shall not be less

19  than the standards for space allotment adopted by the

20  Department of Management Services.  The counties shall not

21  provide less of these services than were provided in the

22  previous fiscal year.

23         (4)  No public defender or assistant public defender

24  shall receive from any county or municipality any supplemental

25  salary, except as provided in this section.

26         Section 8.  Effective July 1, 2004, section 27.562,

27  Florida Statutes, is amended to read:

28         27.562  Disposition of funds.--All funds collected

29  pursuant to s. 938.29, except the application fee imposed

30  under s. 27.52, shall be remitted to the state for deposit

31  into the General Revenue Fund of the state board of county

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  commissioners of the county in which the judgment was entered.

 2  Such funds shall be placed in the fine and forfeiture fund of

 3  that county to be used to defray the expenses incurred by the

 4  county in defense of criminal prosecutions.  All judgments

 5  entered pursuant to this part shall be in the name of the

 6  state and must be deposited into the General Revenue Fund of

 7  the state county in which the judgment was rendered.

 8         Section 9.  Effective July 1, 2004, section 27.58,

 9  Florida Statutes, is amended to read:

10         27.58  Administration of indigent representation Public

11  Defender services.--The public defender of each judicial

12  circuit of the state shall be the chief administrator of all

13  indigent representation services public defender services

14  within the circuit whether such services are rendered by the

15  state or by court-appointed counsel county public defenders.

16         Section 10.  Section 28.24, Florida Statutes, is

17  amended to read:

18         28.24  Service charges by clerk of the circuit

19  court.--The clerk of the circuit court shall make the

20  following charges for services rendered by the clerk's office

21  in recording documents and instruments and in performing the

22  duties enumerated. However, in those counties where the

23  clerk's office operates as a fiscal unit of the county

24  pursuant to s. 145.022(1), the clerk shall not charge the

25  county for such services. Notwithstanding any other provision

26  of this section, the clerk of the circuit court shall provide

27  without charge to any justice or judge, to any court staff

28  acting on behalf of any justice or judge, or to any state

29  attorney or public defender access to and copies of any public

30  records, notwithstanding the exempt or confidential nature of

31  such public records, as maintained by and in the custody of

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  the clerk of the circuit court as provided in general law and

 2  the Florida Rules of Judicial Administration.

 3  

 4                                                         Charges

 5  

 6         (1)  For court attendance by each clerk or deputy

 7  clerk, per day..........................................$75.00

 8         (2)  For court minutes, per page...................5.00

 9         (3)  For examining, comparing, correcting, verifying,

10  and certifying transcripts of record in appellate proceedings,

11  prepared by attorney for appellant or someone else other than

12  clerk, per page...........................................3.00

13         (4)  For preparing, numbering, and indexing an original

14  record of appellate proceedings, per instrument...........2.00

15         (5)  For certifying copies of any instrument in the

16  public records............................................1.00

17         (6)  For verifying any instrument presented for

18  certification prepared by someone other than clerk, per page

19  ......................................................... 2.00

20         (7)  For making and reporting payrolls of jurors to

21  State Comptroller, per page, per copy.....................5.00

22         (8)(a)  For making copies by photographic process of

23  any instrument in the public records consisting of pages of

24  not more than 14 inches by 8 1/2  inches, per page........1.00

25         (b)  For making copies by photographic process of any

26  instrument in the public records of more than 14 inches by 8

27  1/2  inches, per page.....................................5.00

28         (9)  For making microfilm copies of any public records:

29         (a)  16 mm 100' microfilm roll....................25.00

30         (b)  35 mm 100' microfilm roll....................35.00

31         (c)  Microfiche, per fiche.........................2.00

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (10)  For copying any instrument in the public records

 2  by other than photographic process, per page..............4.00

 3         (11)  For writing any paper other than herein

 4  specifically mentioned, same as for copying, including signing

 5  and sealing...............................................4.00

 6         (12)  For indexing each entry not recorded.........1.00

 7         (13)  For receiving money into the registry of court:

 8         (a)1.  First $500, percent........................... 2

 9         2.  Each subsequent $100, percent.....................1

10         (b)  Eminent domain actions, per deposit........$100.00

11         (14)  For examining, certifying, and recording plats

12  and for recording condominium exhibits larger than 14 inches

13  by 8 1/2  inches:

14         (a)  First page...................................30.00

15         (b)  Each additional page.........................15.00

16         (15)  For recording, indexing, and filing any

17  instrument not more than 14 inches by 8 1/2  inches, including

18  required notice to property appraiser where applicable:

19         (a)  First page or fraction thereof................5.00

20         (b)  Each additional page or fraction thereof......4.00

21         (c)  For indexing instruments recorded in the official

22  records which contain more than four names, per additional

23  name......................................................1.00

24         (d)  An additional service charge shall be paid to the

25  clerk of the circuit court to be deposited in the Public

26  Records Modernization Trust Fund for each instrument listed in

27  s. 28.222, except judgments received from the courts and

28  notices of lis pendens, recorded in the official records:

29         1.  First page.....................................1.00

30         2.  Each additional page...........................0.50

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  Said fund shall be held in trust by the clerk and used

 2  exclusively for equipment and maintenance of equipment,

 3  personnel training, and technical assistance in modernizing

 4  the public records system of the office.  In a county where

 5  the duty of maintaining official records exists in an office

 6  other than the office of the clerk of the circuit court, the

 7  clerk of the circuit court is entitled to 25 percent of the

 8  moneys deposited into the trust fund for equipment,

 9  maintenance of equipment, training, and technical assistance

10  in modernizing the system for storing records in the office of

11  the clerk of the circuit court.  The fund may not be used for

12  the payment of travel expenses, membership dues, bank charges,

13  staff-recruitment costs, salaries or benefits of employees,

14  construction costs, general operating expenses, or other costs

15  not directly related to obtaining and maintaining equipment

16  for public records systems or for the purchase of furniture or

17  office supplies and equipment not related to the storage of

18  records. On or before December 1, 1995, and on or before

19  December 1 of each year immediately preceding each year during

20  which the trust fund is scheduled for legislative review under

21  s. 19(f)(2), Art. III of the State Constitution, each clerk of

22  the circuit court shall file a report on the Public Records

23  Modernization Trust Fund with the President of the Senate and

24  the Speaker of the House of Representatives. The report must

25  itemize each expenditure made from the trust fund since the

26  last report was filed; each obligation payable from the trust

27  fund on that date; and the percentage of funds expended for

28  each of the following:  equipment, maintenance of equipment,

29  personnel training, and technical assistance.  The report must

30  indicate the nature of the system each clerk uses to store,

31  maintain, and retrieve public records and the degree to which

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  the system has been upgraded since the creation of the trust

 2  fund.

 3         (16)  Oath, administering, attesting, and sealing, not

 4  otherwise provided for herein.............................2.00

 5         (17)  For validating certificates, any authorized

 6  bonds, each...............................................2.00

 7         (18)  For preparing affidavit of domicile..........5.00

 8         (19)  For exemplified certificates, including signing

 9  and sealing...............................................4.00

10         (20)  For authenticated certificates, including signing

11  and sealing...............................................4.00

12         (21)(a)  For issuing and filing a subpoena for a

13  witness, not otherwise provided for herein (includes writing,

14  preparing, signing, and sealing)..........................4.00

15         (b)  For signing and sealing only..................1.00

16         (22)  For issuing venire facias (includes writing,

17  preparing, signing, and sealing)..........................5.00

18         (23)  For paying of witnesses and making and reporting

19  payroll to State Comptroller, per copy, per page..........5.00

20         (24)  For approving bond...........................5.00

21         (25)  For searching of records, for each year's search

22  ..........................................................1.00

23         (26)  For processing an application for a tax deed sale

24  (includes application, sale, issuance, and preparation of tax

25  deed, and disbursement of proceeds of sale), other than excess

26  proceeds.................................................60.00

27         (27)  For disbursement of excess proceeds of tax deed

28  sale, first $100 or fraction thereof.....................10.00

29         (28)  Upon receipt of an application for a marriage

30  license, for preparing and administering of oath; issuing,

31  

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  sealing, and recording of the marriage license; and providing

 2  a certified copy.........................................20.00

 3         (29)  For solemnizing matrimony...................20.00

 4         (30)  For sealing any court file or expungement of any

 5  record...................................................25.00

 6         (31)  For receiving and disbursing all restitution

 7  payments, per payment.....................................2.00

 8         (32)  Postal charges incurred by the clerk of the

 9  circuit court in any mailing by certified or registered mail

10  shall be paid by the party at whose instance the mailing is

11  made.

12         (33)  For furnishing an electronic copy of information

13  contained in a computer database: a fee as provided for in

14  chapter 119.

15         Section 11.  Effective July 1, 2004, section 29.001,

16  Florida Statutes, is amended to read:

17         29.001  Intent; State courts system essential elements

18  and definitions; funding through filing fees, service charges,

19  and costs; county responsibilities.--

20         (1)  It is the intent of the Legislature that, For the

21  purpose of implementing s. 14, Art. V of the State

22  Constitution, the state courts system is be defined to include

23  the enumerated essential elements of the Supreme Court,

24  district courts of appeal, circuit courts, county courts, and

25  certain essential supports thereto.  Similarly, The offices of

26  public defenders and state attorneys shall include those

27  essential elements as determined by general law. Further, the

28  state attorneys' offices are defined to include the enumerated

29  essential elements of the 20 state attorneys' offices and the

30  enumerated public defenders' offices are defined to include

31  the essential elements of the 20 public defenders' offices.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  Court-appointed counsel are defined as counsel appointed to

 2  ensure due process in criminal and civil proceedings in

 3  accordance with state and federal constitutional guarantees.

 4  Funding for the state courts system, the state attorneys'

 5  offices, the public defenders' offices, and court-appointed

 6  counsel, except as otherwise provided in subsection (3), shall

 7  be provided from state revenues appropriated by general law.

 8         (2)  All funding for the court-related functions of the

 9  offices of the clerks of the circuit and county courts shall

10  be provided by adequate and appropriate filing fees for

11  judicial proceedings and service charges and costs for

12  performing court-related functions.

13         (3)  Pursuant to general law, Counties are shall be

14  required to fund the cost of communications services, existing

15  radio systems, existing multiagency criminal justice

16  information systems, and the cost of construction or lease,

17  maintenance, utilities, and security of facilities for the

18  circuit courts and county courts, public defenders' offices,

19  state attorneys' offices, and the offices of the clerks of the

20  circuit and county courts, as defined by statute general law.

21  In addition, the counties will continue to fund existing

22  elements of the state courts system, state attorneys' offices,

23  public defenders' offices, court-appointed counsel, and the

24  offices of the clerks of the circuit and county courts

25  performing court-related functions, consistent with current

26  law and practice, until such time as the Legislature expressly

27  assumes the responsibility for funding those elements.

28  Counties are financially responsible for the payment of all

29  reasonable and necessary salaries, costs, and expenses of the

30  state court system to meet local requirements as defined by s.

31  29.008(2). Counties will fund the cost of criminal cases filed

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  by the Office of Statewide Prosecution. Additionally, the

 2  Legislature will define by general law those local

 3  requirements of the state courts system for which the counties

 4  must pay reasonable and necessary salaries, costs, and

 5  expenses.

 6         (4)  Although a program or function currently may be

 7  funded by the state or prescribed or established in general

 8  law, this does not designate the program or function as an

 9  essential element of the state courts system, state attorneys'

10  offices, public defenders' offices, or the offices of the

11  circuit and county court clerks performing court-related

12  functions as described in s. 14, Art. V of the State

13  Constitution.

14         Section 12.  Effective July 1, 2004, subsection (1) of

15  section 29.002, Florida Statutes, is amended to read:

16         29.002  Basis for funding.--

17         (1)  For the purpose of implementing s. 14, Art. V of

18  the State Constitution on or before July 1, 2004, the

19  Legislature's appropriation of funding in the General

20  Appropriations Act for appropriate salaries, costs, and

21  expenses pursuant to s. 14, Art. V of the State Constitution

22  shall be based upon reliable and auditable data substantiating

23  the revenues and expenditures associated with each essential

24  element.

25         Section 13.  Effective July 1, 2004, section 29.004,

26  Florida Statutes, is amended to read:

27         29.004  State courts system.--

28         (1)  For purposes of implementing s. 14, Art. V of the

29  State Constitution, the essential elements of the state courts

30  system to be provided from state revenues appropriated by

31  general law are as follows:

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (a)(1)  Judges appointed or elected pursuant to

 2  chapters 25, 26, 34, and 35, and essential staff, expenses,

 3  and costs as determined by general law.

 4         (b)(2)  Juror compensation and expenses and reasonable

 5  juror accommodations when necessary.

 6         (c)(3)  Reasonable court reporting and transcription

 7  services necessary to meet constitutional requirements.

 8         (4)  Auxiliary aids and services for qualified

 9  individuals with a disability which are necessary to ensure

10  access to the courts. Such auxiliary aids and services

11  include, but are not limited to, sign-language interpreters,

12  translators, real-time transcription services for individuals

13  who are hearing impaired, and assistive listening devices.

14  This section does not include physical modifications to court

15  facilities; noncourtroom communication services; or other

16  accommodations, auxiliary aids, or services for which the

17  counties are responsible pursuant to s. 14, Art. V of the

18  State Constitution.

19         (d)(5)  Construction or lease of facilities,

20  maintenance, utilities, and security for the district courts

21  of appeal and the Supreme Court.

22         (e)(6)  Court foreign language and sign-language

23  interpreters and translators essential to comply with

24  constitutional requirements.

25         (f)  Court expert witnesses, other court witnesses, and

26  witness-coordination programs.

27         (g)  Legal support to judges.

28         (h)  Masters and hearing officers.

29         (i)  Court administration.

30         (j)  Case management. Case management includes:

31         1.  Initial review and evaluation;

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         2.  Case differentiation;

 2         3.  Pro se assistance, not including legal advice;

 3         4.  Case monitoring and tracking;

 4         5.  Scheduling of events;

 5         6.  Coordination of cases;

 6         7.  Service referral, coordination, monitoring,

 7         and tracking; 

 8         8.  Statistical analysis; and

 9         9.  Treatment-based drug court programs under s.

10         397.334.

11  

12  Case management shall not include case intake and records

13  management conducted by the clerk of court.

14         (k)  Mediation-alternate dispute resolution.

15         (l)(7)  Staff and expenses of The Judicial

16  Qualifications Commission.

17         (m)  Offices of the appellate clerks and marshals and

18  appellate law libraries.

19         (n)  Investigation and assessment of the indigency of

20  any person who seeks a waiver of court costs and fees, or any

21  portion thereof, or applies for representation by a public

22  defender or private attorney.

23         (2)  Included within the definition of each element

24  listed in this section shall be the associated staff,

25  expenses, and costs determined by the Legislature to be

26  reasonably required to provide the element.

27         Section 14.  Effective July 1, 2004, section 29.005,

28  Florida Statutes, is amended to read:

29         29.005  State attorneys' offices and prosecution

30  expenses.--For purposes of implementing s. 14, Art. V of the

31  State Constitution, the essential elements of the state

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  attorneys' offices to be provided from state revenues

 2  appropriated by general law are as follows:

 3         (1)  The state attorney of each judicial circuit and

 4  assistant state attorneys and other essential staff as

 5  determined by general law.

 6         (2)  Reasonable court reporting and transcription

 7  services necessary to meet constitutional or statutory

 8  requirements, including the cost of transcribing and copying

 9  depositions of witnesses and the cost of foreign-language and

10  sign-language interpreters and translators.

11         (3)  Witnesses summoned to appear for an investigation,

12  preliminary hearing, or trial in a criminal case when the

13  witnesses are summoned by a state attorney; mental health

14  professionals who are appointed pursuant to s. 394.473 and

15  required in a court hearing involving an indigent; and expert

16  witnesses who are appointed pursuant to s. 916.115(2) and

17  required in a court hearing involving an indigent; and any

18  other expert witnesses the state attorney deems necessary for

19  the performance of his or her duties.

20         (4)  Reasonable transportation services.

21         (5)  Reasonable travel expenses.

22         (6)  Reasonable library and electronic legal research

23  services, other than a public law library.

24         (7)  Reasonable pretrial consultation fees and costs.

25         Section 15.  Effective July 1, 2004, section 29.006,

26  Florida Statutes, is amended to read:

27         29.006  Public defenders and indigent defense

28  costs.--For purposes of implementing s. 14, Art. V of the

29  State Constitution, the essential elements of the public

30  defenders' offices to be provided from state revenues

31  appropriated by general law are as follows:

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (1)  The public defender of each judicial circuit and

 2  assistant public defenders and other essential staff as

 3  determined by general law.

 4         (2)  Reasonable court reporting and transcription

 5  services necessary to meet constitutional or statutory

 6  requirements, including the cost of transcribing and copying

 7  depositions of witnesses and the cost of foreign-language and

 8  sign-language interpreters and translators.

 9         (3)  Witnesses summoned to appear for an investigation,

10  preliminary hearing, or trial in a criminal case when the

11  witnesses are summoned on behalf of an indigent defendant;

12  mental health professionals who are appointed pursuant to s.

13  394.473 and required in a court hearing involving an indigent;

14  and expert witnesses who are appointed pursuant to s.

15  916.115(2) and required in a court hearing involving an

16  indigent; and any other expert witnesses approved by the

17  court.

18         (4)  Reasonable transportation services.

19         (5)  Reasonable travel expenses.

20         (6)  Reasonable library and electronic legal research

21  services, other than a public law library.

22         (7)  Reasonable pretrial consultation fees and costs.

23         Section 16.  Effective July 1, 2004, section 29.007,

24  Florida Statutes, is amended to read:

25         29.007  Court-appointed counsel.--For purposes of

26  implementing s. 14, Art. V of the State Constitution, the

27  essential elements of court-appointed counsel to be provided

28  from state revenues appropriated by general law are as

29  follows:

30         (1)  Private attorneys appointed assigned by the court

31  to handle cases where the defendant is indigent and cannot be

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  represented by the public defender under ss. 27.53, 925.035,

 2  and 925.037.

 3         (2)  Private attorneys appointed by the court to

 4  represent indigents or other classes of litigants in civil

 5  proceedings requiring court-appointed counsel in accordance

 6  with state and federal constitutional guarantees and federal

 7  and state statutes.

 8         (3)  Reasonable court reporting and transcription

 9  services necessary to meet constitutional or statutory

10  requirements, including the cost of transcribing and copying

11  depositions of witnesses and the cost of foreign-language and

12  sign-language interpreters and translators.

13         (4)  Witnesses summoned to appear for an investigation,

14  preliminary hearing, or trial in a criminal case when the

15  witnesses are summoned on behalf of an indigent defendant;

16  mental health professionals who are appointed pursuant to s.

17  394.473 and required in a court hearing involving an indigent;

18  and expert witnesses who are appointed pursuant to s.

19  916.115(2) and required in a court hearing involving an

20  indigent; and any other expert witnesses approved by the

21  court.

22         (5)  Reasonable pretrial consultation fees and costs.

23         (6)  Reasonable travel expenses.

24         (5)  Investigating and assessing the indigency of any

25  person who seeks a waiver of court costs and fees, or any

26  portion thereof, or applies for representation by a public

27  defender or private attorney.

28         Section 17.  Effective July 1, 2004, section 29.008,

29  Florida Statutes, is amended to read:

30         29.008  County funding of court-related functions.--

31  

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (1)  Counties are required by s. 14, Art. V of the

 2  State Constitution to fund the cost of communications

 3  services, existing radio systems, existing multiagency

 4  criminal justice information systems, and the cost of

 5  construction or lease, maintenance, utilities, and security of

 6  facilities for the circuit and county courts, public

 7  defenders' offices, state attorneys' offices, and the offices

 8  of the clerks of the circuit and county courts performing

 9  court-related functions. For purposes of implementing these

10  requirements, the term:

11         (a)  "Facility" means reasonable and necessary

12  buildings and space, structures, real estate, easements, and

13  related interests in real estate, including, but not limited

14  to, those for the purpose of housing personnel, equipment, or

15  functions of the circuit or county courts, public defenders'

16  offices, state attorneys' offices, and court-related functions

17  of the office of the clerks of the circuit and county courts

18  and all storage. The term also includes access to parking for

19  such facilities in connection with such court-related

20  functions that may be available free or from a private

21  provider or a local government for a fee. The office space

22  provided by a county may not be less than the standards for

23  space allotment adopted by the Department of Management

24  Services, nor may these services and office space be less than

25  were provided in the previous fiscal year. County funding must

26  include physical modifications and improvements to all

27  facilities as are required for compliance with the Americans

28  with Disabilities Act. Upon mutual agreement of a county and

29  the affected entity in this paragraph, the office space

30  provided by the county may vary from the standards for space

31  allotment adopted by the Department of Management Services.

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  This section applies only to facilities that are leased, or on

 2  which construction commences, after June 30, 2003.

 3         (b)  "Construction or lease" includes, but is not

 4  limited to, all reasonable and necessary costs of the

 5  acquisition or lease of facilities, equipment, and furnishings

 6  for all judicial officers, staff, jurors, volunteers of a

 7  tenant agency, and the public for the circuit and county

 8  courts, the public defenders' offices, state attorneys'

 9  offices, and for performing the court-related functions of the

10  offices of the clerks of the circuit and county courts.  This

11  includes expenses related to financing such facilities and the

12  existing and future cost and bonded indebtedness associated

13  with placing the facilities in use.

14         (c)  "Maintenance" includes, but is not limited to, all

15  reasonable and necessary costs of custodial and groundskeeping

16  services and renovation and reconstruction as needed to

17  accommodate functions for the circuit and county courts, the

18  public defenders' offices, and state attorneys' offices and

19  for performing the court-related functions of the offices of

20  the clerks of the circuit and county court and for maintaining

21  the facilities in a condition appropriate and safe for the use

22  intended.

23         (d)  "Utilities" means all electricity services for

24  light, heat, or power; natural or manufactured gas services

25  for light, heat, or power; water and wastewater services and

26  systems, stormwater or runoff services and systems, sewer

27  services and systems, all costs or fees associated with these

28  services and systems, and any costs or fees associated with

29  the mitigation of environmental impacts directly related to

30  the facility.

31  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (e)  "Security" includes but is not limited to, all

 2  reasonable and necessary costs of services of law enforcement

 3  officers or licensed security guards and all electronic,

 4  cellular, or digital monitoring and screening devices

 5  necessary to ensure the safety and security of all persons

 6  visiting or working in a facility; to provide for security of

 7  the facility, including protection of property owned by the

 8  county or the state; and for security of prisoners brought to

 9  any facility.  This includes bailiffs while providing

10  courtroom and other security for each judge and other

11  quasi-judicial officers.

12         (f)  "Communications systems or communications

13  services" are defined as any reasonable and necessary

14  transmission, emission, and reception of signs, signals,

15  writings, images, and sounds of intelligence of any nature by

16  wire, radio, optical, or other electromagnetic systems and

17  includes all facilities and equipment owned, leased, or used

18  by judges, clerks, public defenders, state attorneys, and all

19  staff of the state courts system, state attorneys' offices,

20  public defenders' offices, and clerks of the circuit and

21  county courts performing court-related functions.  Such system

22  or services shall include, but not be limited to:

23         1.  All telephone services and equipment, including

24  facsimile, wireless communications, video teleconferencing,

25  pagers, computer lines, and telephone switching equipment and

26  the maintenance, supplies, hardware, software, and line

27  charges, including local and long-distance toll charges, and

28  support staff or services necessary for operation.

29         2.  All computer systems and equipment, including

30  computer hardware and software, modems, printers, wiring,

31  network connections, maintenance, support staff or services,

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  training, supplies, and line charges necessary for an

 2  integrated computer system to support the operations and

 3  management of the state courts system, the offices of the

 4  public defenders, the offices of the state attorneys, and the

 5  offices of the clerks of the circuit and county courts and the

 6  capability to connect those entities and reporting data to the

 7  state as required for the transmission of revenue, performance

 8  accountability, case management, data collection, budgeting,

 9  and auditing purposes. By January 1, 2006, the integrated

10  computer system specified under this subparagraph must be able

11  to electronically exchange judicial case background,

12  sentencing guidelines and scoresheets, and video evidence

13  information stored in integrated case-management systems over

14  secure networks. This data sharing must be accomplished using

15  proven, off-the-shelf software packages that enable

16  information exchange at four levels:

17         a.  Within each of the 20 judicial circuits;

18         b.  Across the 20 judicial circuits;

19         c.  Between Florida and other cooperative states where

20  applicable and authorized; and

21         d.  Between Florida and participating United States

22  federal government agencies and departments where applicable

23  and authorized.

24         3.  Postage, printed documents, radio, courier

25  messenger and subpoena services, support services, all

26  maintenance, supplies, and line charges.

27         4.  Auxiliary aids and services for qualified

28  individuals with a disability which are necessary to ensure

29  access to the courts. Such auxiliary aids and services

30  include, but are not limited to, real-time transcription

31  services for individuals who are hearing impaired, and

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  assistive listening devices and the equipment necessary to

 2  implement such accommodations.

 3         (g)  "Existing radio systems" includes, but is not

 4  limited to, law enforcement radio systems that are used by the

 5  circuit and county courts, the offices of the public

 6  defenders, the offices of the state attorneys, and for

 7  court-related functions of the offices of the clerks of the

 8  circuit and county courts.  This includes radio systems that

 9  were operational or under contract at the time Revision No. 7,

10  1998, to Art. V of the State Constitution was adopted and any

11  enhancements made thereafter, the maintenance of those

12  systems, and the personnel and supplies necessary for

13  operation.

14         (h)  "Existing multiagency criminal justice information

15  systems" includes, but is not limited to, those components of

16  the multiagency criminal justice information system as defined

17  in s. 943.045, supporting the offices of the circuit or county

18  courts, the public defenders' offices, the state attorneys'

19  offices, or those portions of the offices of the clerks of the

20  circuit and county courts performing court-related functions

21  that are used to carry out the court-related activities of

22  those entities. This includes upgrades and maintenance of the

23  current equipment, maintenance and upgrades of supporting

24  technology infrastructure and associated staff, and services

25  and expenses to assure continued information sharing and

26  reporting of information to the state.  The counties shall

27  also provide additional information technology services,

28  hardware, and software as needed for new judges and staff of

29  the state courts system, state attorneys' offices, public

30  defenders' offices, and the offices of the clerks of the

31  circuit and county courts performing court-related functions.

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (2)  Counties shall pay reasonable and necessary

 2  salaries, costs, and expenses of the state courts system,

 3  including associated staff and expenses, to meet local

 4  requirements as determined by general law.

 5         (a)  Local requirements are those specialized programs,

 6  nonjudicial staff, and other expenses associated with

 7  specialized court programs, specialized prosecution needs,

 8  specialized defense needs, or resources that are needed in a

 9  local jurisdiction as a result of special factors or

10  circumstances. Local requirements exist when:

11         1.  The county has enacted an ordinance, adopted a

12  local program, or funded activities that have a financial or

13  operational impact on the circuit or a county within the

14  circuit; or

15         2.  There are circumstances in a given circuit or

16  county which have resulted in or necessitate implementation of

17  specialized programs, the provision of nonjudicial staff and

18  expenses to specialized court programs, special prosecution

19  needs, specialized defense needs, or the commitment of

20  resources to the court's jurisdiction.

21         (b)  Factors and circumstances that result in the

22  establishment of a local requirement based on subparagraph

23  (a)2. include, but are not limited to:

24         1.  Geographic factors;

25         2.  Demographic factors;

26         3.  Labor market forces;

27         4.  The number and location of court facilities; or

28         5.  The volume, severity, complexity, or mix of court

29  cases.

30         (c)  Local requirements must be determined by the

31  following method:

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         1.  The chief judge of the circuit, in conjunction with

 2  the state attorney and the public defender only on matters

 3  that impact their offices, shall list all local requirements

 4  that exist within the circuit or within each county in the

 5  circuit and shall identify the reasonable and necessary

 6  salaries, costs, and expenses to provide such local

 7  requirements.

 8         2.  On or before June 1 of each year, the chief judge

 9  shall submit to the board of county commissioners a tentative

10  budget for local requirements for the ensuing fiscal year. The

11  tentative budget must certify a listing of all local

12  requirements and the reasonable and necessary salaries, costs,

13  and expenses of each local requirement. However, the board of

14  county commissioners may, by resolution, require the

15  certification to be submitted earlier.

16         3.  The board of county commissioners shall thereafter

17  treat the certification in accordance with the county's

18  budgetary procedures. A board of county commissioners may:

19         a.  Determine whether to provide funding, and to what

20  extent it will provide funding, for salaries, costs, and

21  expenses under this section;

22         b.  Require a county finance officer to conduct a

23  preaudit review of any county funds provided under this

24  section prior to disbursement;

25         c.  Require review or audit of funds expended under

26  this section by the appropriate county office; and

27         d.  Provide additional financial support for the courts

28  system, state attorneys, or public defenders.

29         Section 18.  Section 43.26, Florida Statutes, is

30  amended to read:

31  

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         43.26  Chief Presiding judge of circuit; selection;

 2  powers.--

 3         (1)  The chief presiding judge of each judicial

 4  circuit, who shall be a circuit judge, shall exercise

 5  administrative supervision over all the trial courts within

 6  the judicial circuit and over the judges and other officers of

 7  such courts.

 8         (2)  The chief presiding judge of the circuit shall

 9  have the power:

10         (a)  To assign judges to any division of the court the

11  trial of civil or criminal cases, to preliminary hearings, or

12  to divisions and to determine the length of the assignment;

13         (b)  To assign clerks and bailiffs;

14         (b)(c)  To regulate use of courtrooms;

15         (c)(d)  To supervise dockets and calendars;

16         (d)(e)  To require attendance of state attorneys,

17  prosecutors and public defenders, clerks, bailiffs, and all

18  other officers of the court; and

19         (e)(f)  To do everything necessary to promote the

20  prompt and efficient administration of justice in the courts

21  over which he or she is chief judge presides.

22         (f)  To delegate to the trial court administrator, by

23  administrative order, the authority to bind the circuit in

24  contract.

25         (g)  To manage, operate, and oversee the jury system as

26  provided in s. 40.001.

27         (3)  The chief presiding judge shall be responsible to

28  the Chief Justice of the Supreme Court for such information as

29  may be required by the Chief Justice, including, but not

30  limited to, caseload, status of dockets, and disposition of

31  cases in the courts over which he or she presides.

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (4)  The chief presiding judge of the circuit shall be

 2  selected by a majority of the judges subject to this section

 3  in that circuit for a term of 2 years. The chief presiding

 4  judge may succeed himself or herself for successive terms.

 5         (5)  Failure of any judge, clerk, prosecutor, public

 6  defender, or other officer of the court to comply with an

 7  order or directive of the chief presiding judge under this

 8  section shall constitute neglect of duty for which such

 9  officer may be suspended from office as provided by law.

10         (6)  There may be a trial court administrator an

11  executive assistant to the presiding judge who shall perform

12  such duties as the chief presiding judge may direct.

13         Section 19.  Section 40.001, Florida Statutes, is

14  created to read:

15         40.001  Chief judge; authority; duties.--The chief

16  judge of each judicial circuit is vested with overall

17  authority and responsibility for the management, operation,

18  and oversight of the jury system within his or her circuit.

19  However, in accordance with this chapter and chapter 905, the

20  clerk of the circuit court has specific responsibilities

21  regarding the processing of jurors, including, but not limited

22  to, qualifications, summons, selection list, reporting, and

23  compensation of jurors. The clerk of the courts may contract

24  with the chief judge for the court's assistance in the

25  provision of services to process jurors. The chief judge may

26  also designate to the clerk of the circuit court additional

27  duties consistent with established uniform standards of jury

28  management practices that the Supreme Court may adopt by rule

29  or issue through an administrative order.

30         Section 20.  Paragraph (a) of subsection (2) of section

31  92.153, Florida Statutes, is amended to read:

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         92.153  Production of documents by witnesses;

 2  reimbursement of costs.--

 3         (2)  REIMBURSEMENT OF A DISINTERESTED WITNESS.--

 4         (a)  In any proceeding, a disinterested witness shall

 5  be paid for any costs the witness reasonably incurs either

 6  directly or indirectly in producing, searching for,

 7  reproducing, or transporting documents pursuant to a summons;

 8  however, the cost of documents produced pursuant to a subpoena

 9  or records request by a state attorney or public defender may

10  not exceed 15 cents per page and $10 per hour for research or

11  retrieval.

12         Section 21.  Effective July 1, 2004, section 925.035,

13  Florida Statutes, is amended to read:

14         925.035  Appointment and compensation of attorneys an

15  attorney in capital cases; appeals from judgments imposing the

16  death penalty; compensation of attorneys in clemency cases.--

17         (1)  Any counsel appointed to handle a capital case

18  must meet the minimum standard for attorneys in capital cases

19  adopted by the Florida Supreme Court and the eligibility and

20  performance standards set by the Florida Public Defenders

21  Association and the Office of the State Courts Administrator.

22         (2)(1)  If the court determines that the defendant in a

23  capital case is indigent insolvent and desires counsel, it

24  shall appoint a public defender to represent the defendant.

25  If the public defender appointed to represent two or more

26  defendants found to be indigent insolvent determines that

27  neither the public defender nor her or his staff can counsel

28  all of the accused without conflict of interest, it shall be

29  the public defender's duty to move the court to appoint one or

30  more members of The Florida Bar, who are in no way affiliated

31  with the public defender in her or his capacity as such or in

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  her or his private practice, to represent those accused.  The

 2  attorney shall be allowed compensation, as provided for in s.

 3  925.036 for representing a defendant.

 4         (3)(2)  If the defendant is convicted and the death

 5  sentence is imposed, the appointed counsel attorney shall

 6  perfect prosecute an appeal to the Supreme Court.  The

 7  attorney shall be compensated as provided for in s. 925.036.

 8  If the counsel attorney first appointed is unable to handle

 9  prosecute the appeal, the court shall appoint another counsel

10  attorney and the attorney shall be compensated as provided for

11  in s. 925.036.

12         (3)  If there is a second trial of the same case, the

13  appointed attorney shall be compensated as provided for in s.

14  925.036.

15         (4)  If the death sentence is imposed and is affirmed

16  on appeal to the Supreme Court, the trial court that rendered

17  the judgment imposing the death penalty may appoint the public

18  defender or the conflict counsel appointed under this section

19  to also represent an indigent defendant who has applied for

20  executive clemency as relief from the execution of the

21  judgment imposing the death penalty. The appointed conflict

22  counsel attorney shall be compensated as provided in s.

23  925.037. allowed compensation, not to exceed $1,000, for

24  attorney's fees and costs incurred in representing the

25  defendant as to an application for executive clemency, Such

26  compensation is to be paid out of general revenue from funds

27  budgeted to the Department of Corrections.  The public

28  defender or an attorney appointed pursuant to this section may

29  be appointed by the trial court that rendered the judgment

30  imposing the death penalty, to represent an indigent defendant

31  

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  who has applied for executive clemency as relief from the

 2  execution of the judgment imposing the death penalty.

 3         (5)  When the appointed conflict counsel attorney in a

 4  capital case has completed the duties imposed by this section,

 5  the conflict counsel attorney shall file a written report in

 6  the trial court stating the duties that were performed by her

 7  or him and request to be discharged apply for discharge.

 8         (6)  All costs under this section that a county is

 9  required to pay pursuant to s. 29.008 compensation and costs

10  provided for in this section, except as provided in subsection

11  (4), shall be paid by the county in which the trial is held

12  unless the trial was moved to that county on the ground that a

13  fair and impartial trial could not be held in another county,

14  in which event the compensation and costs shall be paid by the

15  original county from which the cause was removed.

16         Section 22.  Effective July 1, 2004, section 925.036,

17  Florida Statutes, is amended to read:

18         925.036  Appointed counsel; compensation; reassignment

19  of case prohibited.--

20         (1)  At the conclusion of representation, counsel An

21  attorney appointed pursuant to s. 27.51 or s. 925.035, other

22  than a public defender, s. 925.035 or s. 27.53 shall, at the

23  conclusion of the representation, be compensated in accordance

24  with the schedule of fee and expense allowance established by

25  the circuit indigent representation committee pursuant to s.

26  925.037. If an appointed conflict counsel under s. 925.035 is

27  providing representation in a second trial of the same capital

28  case, he or she is to be compensated as provided in s.

29  925.037. at an hourly rate fixed by the chief judge or senior

30  judge of the circuit in an amount not to exceed the prevailing

31  hourly rate for similar representation rendered in the

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  circuit; however, such compensation shall not exceed the

 2  maximum fee limits established by this section.  In addition,

 3  such attorney shall be reimbursed for expenses reasonably

 4  incurred, including the costs of transcripts authorized by the

 5  court.  If the attorney is representing a defendant charged

 6  with more than one offense in the same case, the attorney

 7  shall be compensated at the rate provided for the most serious

 8  offense for which she or he represented the defendant. This

 9  section does not allow stacking of the fee limits established

10  by this section.

11         (2)  The compensation for representation shall not

12  exceed the following:

13         (a)  For misdemeanors and juveniles represented at the

14  trial level: $1,000.

15         (b)  For noncapital, nonlife felonies represented at

16  the trial level: $2,500.

17         (c)  For life felonies represented at the trial level:

18  $3,000.

19         (d)  For capital cases represented at the trial level:

20  $3,500.

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

22         (2)(3)  A conflict counsel An attorney appointed in

23  lieu of the public defender to represent an indigent defendant

24  or a counsel appointed to a case enumerated under s. 27.51 may

25  not reassign or subcontract the case to another attorney and

26  may not permit an attorney who does not meet the eligibility

27  and performance standards set by the Florida Public Defenders

28  Association and the Office of the State Courts Administrator

29  to appear at critical stages of the case. This subsection does

30  not prohibit a certified intern with the public defender's

31  office from appearing under appropriate supervision.

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         Section 23.  Effective July 1, 2004, section 925.037,

 2  Florida Statutes, is amended to read:

 3         925.037  Reimbursement of counties for fees paid to

 4  appointed counsel; Circuit indigent representation conflict

 5  committees; composition; staff; responsibilities; funding.--

 6         (1)  Funds shall be appropriated each fiscal year to

 7  reimburse counties for fees paid to certain court-appointed

 8  attorneys. In order for a fee paid by a county to be

 9  reimbursable from such funds, the attorney must have been

10  appointed pursuant to s. 27.53(3) or s. 925.035, must have

11  been approved for such appointment by the circuit conflict

12  committee prior to appointment, and must have been compensated

13  within the maximum fee limits provided by s. 925.036, except

14  that a fee is also reimbursable from such funds if paid by a

15  county pursuant to a finding by a circuit court that the

16  criminal case involved extraordinary circumstances such that

17  the fee limits were inapplicable as a matter of law.

18         (2)  Beginning with the fiscal year commencing July 1,

19  1991, such funds shall be allocated among the respective

20  counties by the Justice Administrative Commission on the basis

21  of each county's proportionate share of the total number of

22  cases assigned to the public defender statewide in the

23  preceding calendar year, as reported by the public defenders

24  to the legislative appropriations committees.

25         (1)(3)  In each judicial circuit a circuit indigent

26  representation conflict committee shall be established. The

27  committee shall consist of the following:

28         (a)  The chief judge of the judicial circuit or the

29  chief judge's designee designated representative.

30         (b)  The public defender of the judicial circuit who

31  shall serve as the chair.

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (c)(b)  One experienced private criminal defense

 2  attorney who, at the time of the appointment, is not the

 3  attorney of record in a noncapital criminal conflict case, and

 4  who is appointed by the chief judge or the chief judge's

 5  designee and the public defender to serve a 2-year term.

 6  During the 2-year term, the attorney may not accept or

 7  participate in a noncapital criminal conflict case. One

 8  representative of each board of county commissioners within

 9  the judicial circuit, each such representative to be

10  designated by board resolution.

11         (c)  The public defender of the judicial circuit.

12         (d)  One experienced civil trial attorney who, at the

13  time of appointment, is not the attorney of record in a case

14  under s. 27.51, who is appointed by the chief judge or the

15  chief judge's designee and the public defender, to serve a

16  2-year term. During the 2-year term, the attorney may not

17  accept or participate in a case under s. 27.51.

18         (2)(a)(4)  The responsibility of the circuit indigent

19  representation conflict committee is to select and approve

20  attorneys for all appointments pursuant to ss. 27.51,

21  27.53(3), and 925.035, commonly known as conflict case

22  appointments. The circuit indigent representation conflict

23  committee shall meet at least quarterly once each year. The

24  circuit indigent representation committee shall determine the

25  most appropriate and cost-effective method of providing legal

26  representation. The committee shall apply the written

27  eligibility and performance standards set by the Florida

28  Public Defenders Association and the Office of State Courts

29  Administrator for each type of case enumerated in s. 27.51.

30  The circuit indigent representation committee shall develop a

31  schedule of standard fees and expense allowances for each type

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  of case enumerated in s. 27.51. However, in developing a

 2  schedule of standard fees and expense allowances for criminal

 3  cases involving a court-appointed attorney, the civil trial

 4  attorney may not participate. In developing a schedule of

 5  standard fees and expense allowances for civil cases involving

 6  a court-appointed attorney, the criminal defense attorney may

 7  not participate. Expenditures exceeding those that the circuit

 8  indigent representation committee has determined to be

 9  appropriate may not be allowed without prior court approval.

10         (b)  The Florida Public Defenders Association and the

11  Office of State Courts Administrator shall, at a minimum,

12  incorporate into the eligibility and performance standards

13  requirements related to length of bar membership, continuing

14  legal education, and relevant trial experience. At a minimum,

15  the experience standards for criminal cases must require

16  participation in three criminal trials for an attorney to be

17  eligible for a third-degree felony case and five criminal

18  trials to be eligible for a case involving a felony of the

19  second degree or a higher degree. The public defender may not

20  participate in case-related decisions, performance

21  evaluations, or expense determinations in conflict cases.

22         (3)  The Justice Administrative Commission shall

23  prepare and issue on a quarterly basis, a statewide report

24  comparing actual year-to-date expenditures to budgeted amounts

25  for the circuit indigent representation committees in each of

26  the judicial circuits. Copies of these quarterly reports shall

27  be distributed to each circuit indigent representation

28  committee and the legislative chairs of the Senate and House

29  of Representatives appropriations committees.

30         (4)  Each public defender shall designate a circuit

31  indigent representation committee coordinator to be

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  responsible for the administration of the committee program,

 2  including, but not limited to, the monitoring of attorney's

 3  fees and expenditures, the preparation of vouchers and batch

 4  sheets for attorney's expenditures, scheduling and staffing

 5  the quarterly meetings, and reviewing reports issued by the

 6  Justice Administrative Commission. A public defender may

 7  require a separate location for the staff of the circuit

 8  indigent representation committee as provided in s. 29.008(1).

 9         (5)(a)  The positions and funding for the

10  administration of the circuit indigent representation

11  committee program shall be as appropriated to the public

12  defenders in the General Appropriations Act.

13         (b)  The funding and positions for the processing of

14  committees' fees and expenses shall be as appropriated to the

15  Justice Administrative Commission in the General

16  Appropriations Act.

17         (c)  Funds for criminal conflict case fees and expenses

18  shall be appropriated by the Legislature in a separate

19  appropriations category within the Justice Administrative

20  Commission. These funds shall be allocated to each circuit as

21  prescribed in the General Appropriations Act.

22         (d)  Separate funds for attorneys' fees and expenses in

23  conflict cases under chapter 394 shall be appropriated by the

24  Legislature in a separate appropriations category within the

25  Justice Administrative Commission.

26         (e)  The Legislature shall appropriate separate funds

27  for attorneys' fees and expenses in child dependency cases and

28  other court-appointed attorney cases in a separate

29  appropriations category within the Justice Administrative

30  Commission.

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (5)(a)  The clerk of the circuit court in each county

 2  shall submit to the Justice Administrative Commission a

 3  statement of conflict counsel fees at least annually. Such

 4  statement shall identify total expenditures incurred by the

 5  county on fees of counsel appointed by the court pursuant to

 6  this section where such fees are taxed against the county by

 7  judgment of the court. On the basis of such statement of

 8  expenditures, the Justice Administrative Commission shall pay

 9  state conflict case appropriations to the county. The

10  statement of conflict counsel fees shall be on a form

11  prescribed by the Justice Administrative Commission in

12  consultation with the Legislative Committee on

13  Intergovernmental Relations and the Comptroller. Such form

14  also shall provide for the separate reporting of total

15  expenditures made by the county on attorney fees in cases in

16  which other counsel were appointed by the court where the

17  public defender was unable to accept the case as a result of a

18  stated lack of resources. To facilitate such expenditure

19  identification and reporting, the public defender, within 7

20  days of the appointment of such counsel by the court, shall

21  report to the clerk of circuit court case-related information

22  sufficient to permit the clerk to identify separately county

23  expenditures on fees of such counsel. No county shall be

24  required to submit any additional information to the

25  commission on an annual or other basis in order to document or

26  otherwise verify the expenditure information provided on the

27  statement of conflict counsel fees form, except as provided in

28  paragraph (c).

29         (b)  Before September 30 of each year, the clerk of the

30  circuit court in each county shall submit to the Justice

31  Administrative Commission a report of conflict counsel

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  expenses and costs for the previous local government fiscal

 2  year. Such report shall identify expenditures incurred by the

 3  county on expenses and costs of counsel appointed by the court

 4  pursuant to this section where such expenses and costs are

 5  taxed against the county by judgment of the court. Such report

 6  of expenditures shall be on a form prescribed by the

 7  commission in consultation with the Legislative Committee on

 8  Intergovernmental Relations and the Comptroller, provided that

 9  such form shall at a minimum separately identify total county

10  expenditures for witness fees and expenses, court reporter

11  fees and costs, and defense counsel travel and per diem. Such

12  form also shall provide for the separate reporting of total

13  county expenditures on attorney expenses and costs in cases in

14  which other counsel were appointed by the court where the

15  public defender was unable to accept the case as a result of a

16  stated lack of resources. To facilitate such expenditure

17  identification and reporting, the public defender, within 7

18  days of the appointment of such counsel by the court, shall

19  report to the clerk of the circuit court case-related

20  information sufficient to permit the clerk to identify

21  separately county expenditures on expenses and costs of such

22  counsel. No county shall be required to submit any additional

23  information to the Justice Administrative Commission on an

24  annual or other basis in order to document or otherwise verify

25  the expenditure information provided on the report of conflict

26  counsel expenses and costs form, except as provided in

27  paragraph (c).

28         (c)  Before September 30 of each year, each county

29  shall submit to the Justice Administrative Commission a

30  statement of compliance from its independent certified public

31  accountant, engaged pursuant to chapter 11, that each of the

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  forms submitted to the Justice Administrative Commission, as

 2  provided for in paragraphs (a) and (b), accurately represent

 3  county expenditures incurred in public defender

 4  conflict-of-interest cases during each reporting period

 5  covered by the statements. The statement of compliance also

 6  shall state that the expenditures made and reported were in

 7  compliance with relevant portions of Florida law. Such

 8  statement may be reflected as part of the annual audit. In the

 9  event that the statements are found to be accurate and the

10  expenditures noted thereon to have been made in compliance

11  with relevant portions of Florida law, no additional

12  information or documentation shall be required to accompany

13  the standardized statement of compliance submitted to the

14  commission. If the statement of compliance submitted by the

15  independent certified public accountant indicates that one or

16  more of the forms contained inaccurate expenditure information

17  or if expenditures incurred were not in compliance with

18  relevant portions of Florida law, the commission may require

19  the submission of additional information as may be necessary

20  to identify the nature of the problem.

21         (d)  Upon the failure of a clerk of the circuit court

22  or county to submit any report or information required by this

23  section, the Justice Administrative Commission may refuse to

24  honor any claim until such clerk or county is determined by

25  the commission to be in compliance with such requirements. In

26  the event that the statement of compliance submitted by a

27  county pursuant to paragraph (c) indicates that the clerk of

28  the circuit court claimed more than was actually expended by

29  the county, the Justice Administrative Commission may require

30  the clerk to submit complete supporting documentation of the

31  

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  county's expenditures on conflict-of-interest cases for the

 2  ensuing 3-year period.

 3         (6)  No funds may be transferred to increase the amount

 4  available for reimbursement; however, these funds may be

 5  reallocated among the counties with the approval of the

 6  Justice Administrative Commission in consultation with the

 7  chairs of the legislative appropriations committees.

 8         (7)  Nothing contained in this chapter shall be

 9  construed to be an appropriation. Once the allocation to the

10  county has been expended, any further obligation under s.

11  27.53(3) shall continue to be the responsibility of the county

12  pursuant to this chapter.

13         Section 24.  Section 43.35, Florida Statutes, is

14  amended to read:

15         43.35  Witness coordinating programs offices.--Each

16  circuit court administrator shall establish a witness

17  coordinating program office in each county within the his or

18  her judicial circuit or shall contract for the creation of

19  such a program. The program office shall be responsible for:

20         (1)  Coordinating court appearances, including pretrial

21  conferences and depositions, for all witnesses who are

22  subpoenaed in criminal cases, including law enforcement

23  personnel.

24         (2)  Contacting witnesses and securing information

25  necessary to place a witness on an on-call status with regard

26  to his or her court appearance.

27         (3)  Contacting witnesses to advise them not to report

28  to court in the event the case for which they have been

29  subpoenaed has been continued or has had a plea entered, or in

30  the event there is any other reason why their attendance is

31  not required on the dates they have been ordered to report.

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (4)  Contacting the employer of a witness, when

 2  necessary, to confirm that the employee has been subpoenaed to

 3  appear in court as a witness.

 4  

 5  In addition, the program office may provide additional

 6  services to reduce time and wage losses to a minimum for all

 7  witnesses.

 8         Section 25.  Notwithstanding any law to the contrary,

 9  any judicial act may be performed by any judge or justice on

10  any day of the week, including Sundays and holidays.

11         Section 26.  Effective July 1, 2004, sections 27.005,

12  27.006, 27.385, and 29.011, Florida Statutes, paragraph (a) of

13  subsection (1) of section 27.52, Florida Statutes, and

14  subsection (3) of section 40.02, Florida Statutes, are

15  repealed.

16         Section 27.  For the purpose of incorporating the

17  amendments made by this act to sections 27.51 and 27.53,

18  Florida Statutes, in references thereto, effective July 1,

19  2004, section 943.053, Florida Statutes, as otherwise amended

20  is reenacted to read:

21         943.053  Dissemination of criminal justice information;

22  fees.--

23         (1)  The Department of Law Enforcement shall

24  disseminate criminal justice information only in accordance

25  with federal and state laws, regulations, and rules.

26         (2)  Criminal justice information derived from federal

27  criminal justice information systems or criminal justice

28  information systems of other states shall not be disseminated

29  in a manner inconsistent with the laws, regulations, or rules

30  of the originating agency.

31  

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (3)  Criminal history information, including

 2  information relating to minors, compiled by the Criminal

 3  Justice Information Program from intrastate sources shall be

 4  available on a priority basis to criminal justice agencies for

 5  criminal justice purposes free of charge and, otherwise, to

 6  governmental agencies not qualified as criminal justice

 7  agencies on an approximate-cost basis. After providing the

 8  program with all known identifying information, persons in the

 9  private sector may be provided criminal history information

10  upon tender of fees as established and in the manner

11  prescribed by rule of the Department of Law Enforcement.  Such

12  fees shall approximate the actual cost of producing the record

13  information. As used in this subsection, the department's

14  determination of actual cost shall take into account the total

15  cost of creating, storing, maintaining, updating, retrieving,

16  improving, and providing criminal history information in a

17  centralized, automated database, including personnel,

18  technology, and infrastructure expenses. Actual cost shall be

19  computed on a fee-per-record basis, and any access to criminal

20  history information by the private sector as provided in this

21  subsection shall be assessed the per-record fee without regard

22  to the quantity or category of criminal history record

23  information requested. Fees may be waived by the executive

24  director of the Department of Law Enforcement for good cause

25  shown.

26         (4)  Criminal justice information provided by the

27  Department of Law Enforcement shall be used only for the

28  purpose stated in the request.

29         (5)  Notwithstanding any other provision of law, the

30  department shall provide to the Florida Department of Revenue

31  Child Support Enforcement access to Florida criminal records

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  which are not exempt from disclosure under chapter 119, and to

 2  such information as may be lawfully available from other

 3  states via the National Law Enforcement Telecommunications

 4  System, for the purpose of locating subjects who owe or

 5  potentially owe support, as defined in s. 409.2554, or to whom

 6  such obligation is owed pursuant to Title IV-D of the Social

 7  Security Act. Such information may be provided to child

 8  support enforcement authorities in other states for these

 9  specific purposes.

10         (6)  Notwithstanding any other provision of law, the

11  department shall provide to each office of the public defender

12  on-line access to criminal records of this state which are not

13  exempt from disclosure under chapter 119 or confidential under

14  law. Such access shall be used solely in support of the duties

15  of a public defender as provided in s. 27.51 or of any

16  attorney specially assigned as authorized in s. 27.53 in the

17  representation of any person who is determined indigent as

18  provided in s. 27.52. The costs of establishing and

19  maintaining such on-line access shall be borne by the office

20  to which the access has been provided.

21         (7)  Notwithstanding the provisions of s. 943.0525, and

22  any user agreements adopted pursuant thereto, and

23  notwithstanding the confidentiality of sealed records as

24  provided for in s. 943.059, the sheriff of any county that has

25  contracted with a private entity to operate a county detention

26  facility pursuant to the provisions of s. 951.062 shall

27  provide that private entity, in a timely manner, copies of the

28  Florida criminal history records for its inmates. The sheriff

29  may assess a charge for the Florida criminal history records

30  pursuant to the provisions of chapter 119. Sealed records

31  

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  received by the private entity under this section remain

 2  confidential and exempt from the provisions of s. 119.07(1).

 3         (8)  Notwithstanding the provisions of s. 943.0525, and

 4  any user agreements adopted pursuant thereto, and

 5  notwithstanding the confidentiality of sealed records as

 6  provided for in s. 943.059, the Department of Corrections

 7  shall provide, in a timely manner, copies of the Florida

 8  criminal history records for inmates housed in a private state

 9  correctional facility to the private entity under contract to

10  operate the facility pursuant to the provisions of s. 944.105

11  or s. 957.03. The department may assess a charge for the

12  Florida criminal history records pursuant to the provisions of

13  chapter 119. Sealed records received by the private entity

14  under this section remain confidential and exempt from the

15  provisions of s. 119.07(1).

16         (9)  Notwithstanding the provisions of s. 943.0525 and

17  any user agreements adopted pursuant thereto, and

18  notwithstanding the confidentiality of sealed records as

19  provided for in s. 943.059, the Department of Juvenile Justice

20  or any other state or local criminal justice agency may

21  provide copies of the Florida criminal history records for

22  juvenile offenders currently or formerly detained or housed in

23  a contracted juvenile assessment center or detention facility

24  or serviced in a contracted treatment program and for

25  employees or other individuals who will have access to these

26  facilities, only to the entity under direct contract with the

27  Department of Juvenile Justice to operate these facilities or

28  programs pursuant to the provisions of s. 985.411. The

29  criminal justice agency providing such data may assess a

30  charge for the Florida criminal history records pursuant to

31  the provisions of chapter 119. Sealed records received by the

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  private entity under this section remain confidential and

 2  exempt from the provisions of s. 119.07(1).  Information

 3  provided under this section shall be used only for the

 4  criminal justice purpose for which it was requested and may

 5  not be further disseminated.

 6         Section 28.  For the purpose of implementing Section

 7  14, Article V of the State Constitution, the transfer of the

 8  funding responsibility for the state courts system shall not

 9  affect the validity of any judicial or administrative

10  proceeding pending on the day of the transfer. The entity

11  providing appropriations on and after July 1, 2004, shall be

12  considered the successor in interest to any existing

13  contracts, but is not responsible for funding or payment of

14  any service rendered or provided prior to July 1, 2004.

15         Section 29.  (1)  The Chief Financial Officer shall

16  provide to the Legislature detailed information on all costs

17  of court-related services provided by the counties for the

18  county fiscal year ended September 30, 2002. The required

19  information must be provided to the Chief Financial Officer by

20  the clerks of the court, or the appropriate county officer in

21  counties where the clerk of the court is not the county's

22  chief financial officer, in such manner as is prescribed by

23  the Chief Financial Officer and subject to reporting deadlines

24  prescribed by the Chief Financial Officer. The clerks of the

25  court, state attorneys, public defenders, court

26  administrators, boards of county commissioners, and sheriffs

27  must provide such assistance to the Chief Financial Officer in

28  the gathering of the necessary cost data as is requested by

29  the Chief Financial Officer. The Legislative Committee on

30  Intergovernmental Relations also shall assist in gathering and

31  assessing the cost data and provide technical assistance as

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1  requested by the Chief Financial Officer. The Auditor General

 2  shall provide technical advice with respect to the gathering

 3  and analysis of the cost data.

 4         (2)  Cost information shall be reported to the Chief

 5  Financial Officer at the transaction code level and, for

 6  specific transaction codes specified by the Chief Financial

 7  Officer, object and sub-object level, as set forth in the

 8  Uniform Accounting System Manual developed by the Chief

 9  Financial Officer pursuant to section 218.33, Florida

10  Statutes. In addition, costs must be reported for such

11  specific programs or purposes categories as determined

12  necessary by the Chief Financial Officer. Cost information

13  provided for such programs or purposes includes identification

14  of the specific account classifications within the Uniform

15  Accounting System Manual to which the costs were recorded. The

16  clerks of the court, or the appropriate county officer in

17  counties where the clerk of the court is not the county's

18  chief financial officer, must reconcile the cost information

19  provided to the Chief Financial Officer with the Annual

20  Financial Report, which is required by section 218.32, Florida

21  Statutes. The clerks of the court must provide the Chief

22  Financial Officer with written certification, signed by the

23  clerks of the court, state attorneys, public defenders, court

24  administrators, boards of county commissions' chairpersons,

25  and sheriffs attesting to the accuracy of the cost

26  information.

27         (3)  The Chief Financial Officer shall reimburse

28  individuals for travel costs incurred as a result of

29  participation in the gathering and analysis of the cost data

30  from funds specifically appropriated for such purpose.

31  

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1         (4)  The Chief Financial Officer shall provide a report

 2  to the chairs of the Senate and House appropriations

 3  committees no later than November 1, 2003, summarizing the

 4  court-related cost information submitted by the clerks of the

 5  court.

 6         (5)  The sum of $50,000 from the General Revenue Fund

 7  is appropriated to the Department of Financial Services for

 8  state fiscal year 2003-2004 to support this project.

 9         Section 30.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2003.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 1184

 3                                 

 4    -  Prohibits the clerk of the court from assessing a service
         charge to judges, justices, state attorneys and public
 5       defenders for copies of public records.

 6    -  Adds witness coordination programs to the list of
         elements of the state court system and allows circuit
 7       courts to contract for those programs.

 8    -  Adds electronic legal research, transcription services,
         copying of depositions, sign-language interpreters  and
 9       pretrial consultation costs to the list of elements of
         the state court system for state attorneys and public
10       defenders.

11    -  Adds pre-trial consultation costs and reasonable travel
         expenses to the list of elements of the state court
12       system for court-appointed counsel.

13    -  Removes wireless communications and long-distance charges
         from the definition of communications for items that
14       counties are responsible for providing to state court
         system.
15  
      -  Eliminates proposed language that would include computer
16       systems and equipment as part of the enumerated state
         courts' elements.
17  
      -  Restores to current law the requirement that counties are
18       responsible for all computer system, equipment, and
         support services for the state court's system. Also
19       requires that by January 1, 2006, the court computer
         system must be integrated to allow information to be
20       shared between court entities within and among circuits,
         between Florida and other states, and between Florida and
21       the federal government.

22    -  Provides that counties may review the request of the
         chief judge for local requirements resources, pre-audit
23       disbursements for local requirements, audit expenditures
         for local requirements, and provide additional funding
24       for the courts system, state attorneys and public
         defenders.
25  
      -  Assigns the chief judge the responsibility for managing
26       jury systems as provided in s. 40.001, F.S.

27    -  Removes the limitation on the cost of copies charged to
         the state attorneys and public defenders for copies of
28       medical records specified in s. 395.3025 (4) (d), F.S.

29    -  Provides that judicial acts may be performed by judges on
         any day of the week, including holidays.
30  
      -  Repeals s. 27.52(1)(a), F.S., relating to the court
31       determining indigency for purpose of appointing a public
         defender.
                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1184
    309-2206-03




 1    -  Requires the chief judge to consult with the state
         attorney and public defender when identifying local
 2       requirements that relate to their offices.

 3    -  Directs the Chief Financial Officer to provide certain
         information on the court-related expenditures of the
 4       counties by November 1, 2003.  The sum of $50,000 from
         the General Revenue Fund is appropriated to the Chief
 5       Financial Officer for this requirement.

 6    -  Removes the limitation on representation by the public
         defender in direct appeals of death penalty cases when
 7       the public defender has represented the person at trial.
         (s.27.51(5),F.S.).
 8  
      -  Eliminates proposed language prohibiting assistant public
 9       defenders who do not meet certain requirements from
         appearing at a critical stage of an indigent defendant's
10       case.

11    -  Eliminates current law requiring payment of a fee and
         expenses for attorneys who work as volunteers for the
12       public defender.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  63

CODING: Words stricken are deletions; words underlined are additions.