Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No.SB 1086 Barcode 631006 Comm: FAV 03/28/2007 10:44 AM 604-2101-07 Proposed Committee Substitute by the Committee on Criminal and Civil Justice Appropriations 1 A bill to be entitled 2 An act relating to the capital collateral 3 regional counsel; amending s. 27.701, F.S.; 4 deleting provisions providing for a pilot 5 program in the northern region of the state to 6 operate the office of the capital collateral 7 regional counsel; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 27.701, Florida Statutes, is 12 amended to read: 13 27.701 Capital collateral regional counsel.-- 14(1)There are created three regional offices of 15 capital collateral counsel, which shall be located in a 16 northern, middle, and southern region of the state. The 17 northern region shall consist of the First, Second, Third, 18 Fourth, Eighth, and Fourteenth Judicial Circuits; the middle 19 region shall consist of the Fifth, Sixth, Seventh, Ninth, 20 Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits; 21 and the southern region shall consist of the Eleventh, 22 Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth 23 Judicial Circuits. Each regional office shall be administered 24 by a regional counsel. A regional counsel must be, and must 25 have been for the preceding 5 years, a member in good standing 26 of The Florida Bar or a similar organization in another state. 27 Each capital collateral regional counsel shall be appointed by 28 the Governor, and is subject to confirmation by the Senate. 29 The Supreme Court Judicial Nominating Commission shall 30 recommend to the Governor three qualified candidates for each 31 appointment as regional counsel. The Governor shall appoint a 1 8:23 AM 03/20/07 s1086p-ja00-t02
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No.SB 1086 Barcode 631006 604-2101-07 1 regional counsel for each region from among the 2 recommendations, or, if it is in the best interest of the fair 3 administration of justice in capital cases, the Governor may 4 reject the nominations and request submission of three new 5 nominees by the Supreme Court Judicial Nominating Commission. 6 Each capital collateral regional counsel shall be appointed to 7 a term of 3 years. Vacancies in the office of capital 8 collateral regional counsel shall be filled in the same manner 9 as appointments. A person appointed as a regional counsel may 10 not run for or accept appointment to any state office for 2 11 years following vacation of office. 12(2) Notwithstanding the provisions of subsection (1),13the responsibilities of the regional office of capital14collateral counsel for the northern region of the state shall15be met through a pilot program using only attorneys from the16registry of attorneys maintained pursuant to s. 27.710. Each17attorney participating in the pilot must be qualified to18provide representation in federal court. The Auditor General19shall schedule a performance review of the pilot program to20determine the effectiveness and efficiency of using attorneys21from the registry compared to the capital collateral regional22counsel. The review, at a minimum, shall include comparisons23of the timeliness and costs of the pilot and the counsel and24shall be submitted to the President of the Senate and the25Speaker of the House of Representatives by January 30, 2007.26The Legislature may determine whether to convert the pilot27program to a permanent program after receipt of the Auditor28General's review.29 Section 2. This act shall take effect July 1, 2007. 30 31 2 8:23 AM 03/20/07 s1086p-ja00-t02