HB 1847

1
A bill to be entitled
2An act relating to the capital collateral regional
3counsel; amending s. 27.701, F.S.; extending the term of
4the capital collateral regional counsel pilot program;
5providing for legislative determination of converting the
6pilot program to a permanent program after receipt of
7Auditor General's review; deleting an expiration date;
8amending s. 27.702, F.S.; removing authorization for
9representation by capital collateral regional counsel in
10federal courts; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (2) of section 27.701, Florida
15Statutes, is amended to read:
16     27.701  Capital collateral regional counsels.--
17     (2)  For the 2003-2004 fiscal year only and Notwithstanding
18the provisions of subsection (1), the responsibilities of the
19regional office of capital collateral counsel for the northern
20region of the state shall be met through a pilot program using
21only attorneys from the registry of attorneys maintained
22pursuant to s. 27.710. Each attorney participating in the pilot
23must be qualified to provide representation in federal court.
24The Auditor General shall present a status report on the
25implementation of the pilot program to the President of the
26Senate and the Speaker of the House of Representatives by
27February 27, 2004. The Auditor General shall also schedule a
28performance review of the pilot program to determine the
29effectiveness and efficiency of using attorneys from the
30registry compared to the capital collateral regional counsels.
31The review, at a minimum, shall include comparisons of the
32timeliness and costs of the pilot and the counsels and shall be
33submitted to the President of the Senate and the Speaker of the
34House of Representatives by January 30, 2006 2007. The
35Legislature may determine whether to convert the pilot program
36to a permanent program after receipt of the Auditor General's
37review. This subsection expires July 1, 2004.
38     Section 2.  Subsections (1) and (3) of section 27.702,
39Florida Statutes, as amended by chapter 2003-402, Laws of
40Florida, are amended to read:
41     27.702  Duties of the capital collateral regional counsel;
42reports.--
43     (1)  The capital collateral regional counsel shall
44represent each person convicted and sentenced to death in this
45state for the sole purpose of instituting and prosecuting
46collateral actions challenging the legality of the judgment and
47sentence imposed against such person in the state courts,
48federal courts in this state, the United States Court of Appeals
49for the Eleventh Circuit, and the United States Supreme Court.
50The capital collateral regional counsel and the attorneys
51appointed pursuant to s. 27.710 shall file only those
52postconviction or collateral actions authorized by statute. The
53three capital collateral regional counsels' offices shall
54function independently and be separate budget entities, and the
55regional counsels shall be the office heads for all purposes.
56The Justice Administrative Commission shall provide
57administrative support and service to the three offices to the
58extent requested by the regional counsels. The three regional
59offices shall not be subject to control, supervision, or
60direction by the Justice Administrative Commission in any
61manner, including, but not limited to, personnel, purchasing,
62transactions involving real or personal property, and budgetary
63matters.
64     (3)(a)  The capital collateral regional counsel shall file
65motions seeking compensation for representation and
66reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when
67providing representation to indigent persons in the federal
68courts, and shall deposit all such payments received into the
69Capital Collateral Trust Fund established for such purpose.
70     (b)  The court having jurisdiction over any nonindigent or
71indigent-but-able-to-contribute defendant who has been receiving
72the services of the capital collateral regional counsel may
73assess attorney's fees and costs against the defendant at any
74stage in the proceedings as the court may deem appropriate. The
75determination of indigence of any defendant shall be made
76pursuant to s. 27.52. Liability for the costs of such
77representation may be imposed in the form of a lien against the
78property of the nonindigent or indigent-but-able-to-contribute
79defendant, which lien shall be enforceable as provided in s.
8027.561 or s. 938.29.
81     Section 3.  This act shall take effect July 1, 2004.


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