HB 1847

1	A bill to be entitled
2	An act relating to the capital collateral regional
3	counsel; amending s. 27.701, F.S.; extending the term of
4	the capital collateral regional counsel pilot program;
5	providing for legislative determination of converting the
6	pilot program to a permanent program after receipt of
7	Auditor General's review; deleting an expiration date;
8	amending s. 27.709, F.S.; expanding the jurisdiction of
9	the Commission on Capital Cases; amending s. 27.711, F.S.;
10	providing for compensation of counsel in the pilot
11	program; providing for limitations on such counsel;
12	amending s. 27.702, F.S.; requiring reports from attorneys
13	participating in the pilot program; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (2) of section 27.701, Florida
19	Statutes, is amended to read:
20	27.701  Capital collateral regional counsels.--
21	(2)  For the 2003-2004 fiscal year only and Notwithstanding
22	the provisions of subsection (1), the responsibilities of the
23	regional office of capital collateral counsel for the northern
24	region of the state shall be met through a pilot program using
25	only attorneys from the registry of attorneys maintained
26	pursuant to s. 27.710. Each attorney participating in the pilot
27	must be qualified to provide representation in federal court.
28	The Auditor General shall present a status report on the
29	implementation of the pilot program to the President of the
30	Senate and the Speaker of the House of Representatives by
31	February 27, 2004. The Auditor General shall also schedule a
32	performance review of the pilot program to determine the
33	effectiveness and efficiency of using attorneys from the
34	registry compared to the capital collateral regional counsels.
35	The review, at a minimum, shall include comparisons of the
36	timeliness and costs of the pilot and the counsels and shall be
37	submitted to the President of the Senate and the Speaker of the
38	House of Representatives by January 30, 2007. The Legislature
39	may determine whether to convert the pilot program to a
40	permanent program after receipt of the Auditor General's review.
41	This subsection expires July 1, 2004.
42	Section 2.  Paragraphs (a) and (c) of subsection (2) of
43	section 27.709, Florida Statutes, as amended by section 86 of
44	chapter 2003-399, Laws of Florida, are amended to read:
45	27.709  Commission on Capital Cases.--
46	(2)(a)  The commission shall review the administration of
47	justice in capital collateral cases, receive relevant public
48	input, review the operation of the capital collateral regional
49	counsel and private counsel appointed pursuant to ss. 27.710 and
50	27.711, and advise and make recommendations to the Governor,
51	Legislature, and Supreme Court.
52	(c)  In addition, the commission shall receive complaints
53	regarding the practice of any office of regional counsel and
54	private counsel appointed pursuant to ss. 27.710 and 27.711 and
55	shall refer any complaint to The Florida Bar, the State Supreme
56	Court, or the Commission on Ethics, as appropriate.
57	Section 3.  Subsections (3) and (9) of section 27.711,
58	Florida Statutes, as amended by section 88 of chapter 2003-399,
59	Laws of Florida, are amended, and subsection (14) is added to
60	that section, to read:
61	27.711  Terms and conditions of appointment of attorneys
62	as counsel in postconviction capital collateral proceedings.--
63	(3)  An attorney appointed to represent a capital defendant
64	is entitled to payment of the fees set forth in this section
65	only upon full performance by the attorney of the duties
66	specified in this section and approval of payment by the trial
67	court, and the submission of a payment request by the attorney,
68	subject to the availability of sufficient funding specifically
69	appropriated for this purpose. An attorney may not be
70	compensated under this section for work performed by the
71	attorney before July 1, 2003, while employed by the northern
72	regional office of the capital collateral counsel. The Chief
73	Financial Officer shall notify the executive director and the
74	court if it appears that sufficient funding has not been
75	specifically appropriated for this purpose to pay any fees which
76	may be incurred. The attorney shall maintain appropriate
77	documentation, including a current and detailed hourly
78	accounting of time spent representing the capital defendant. The
79	fee and payment schedule in this section is the exclusive means
80	of compensating a court-appointed attorney who represents a
81	capital defendant. When appropriate, a court-appointed attorney
82	must seek further compensation from the Federal Government, as
83	provided in 18 U.S.C. s. 3006A or other federal law, in habeas
84	corpus litigation in the federal courts.
85	(9)  An attorney may not represent more than five capital
86	defendants in capital postconviction litigation at any one time.
87	(14)  Each attorney participating in the pilot program in
88	the northern region pursuant to s. 27.701(2), as a condition of
89	payment pursuant to this section, shall report on the
90	performance measures adopted by the Legislature for the capital
91	collateral regional counsels.
92	Section 4.  Paragraph (b) of subsection (4) of section
93	27.702, Florida Statutes, as amended by section 90 of chapter
94	2003-399, Laws of Florida, is amended to read:
95	27.702  Duties of the capital collateral regional counsel;
96	reports.--
97	(4)
98	(b)  Each capital collateral regional counsel and each
99	attorney participating in the pilot program in the northern
100	region pursuant to s. 27.701(2) shall provide a quarterly report
101	to the President of the Senate, the Speaker of the House of
102	Representatives, and the Commission on Capital Cases which
103	details the number of hours worked by investigators and legal
104	counsel per case and the amounts per case expended during the
105	preceding quarter in investigating and litigating capital
106	collateral cases.
107	Section 5.  This act shall take effect July 1, 2004; or, if
108	this act fails to become a law until after that date, it shall
109	take effect upon becoming a law and shall operate retroactively
110	to July 1, 2004.

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