Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
CHAMBER ACTION
Senate House
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04/11/2007 01:52 PM .
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11 Senator Geller moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 55, line 6, through
15 page 63, line 21, delete those lines
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17 and redesignate subsequent sections.
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 2, through
23 page 6, line 13 delete those lines
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25 and insert:
26 An act relating to due process; amending s.
27 27.40, F.S.; providing for offices of criminal
28 conflict and civil regional counsel to be
29 appointed to represent persons in certain cases
30 in which the public defender is unable to
31 provide representation; providing for private
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 counsel to be appointed only when the public
2 defender and the regional counsel are unable to
3 provide representation; providing for the clerk
4 of court to maintain the registry of attorneys
5 available for appointment; providing for
6 compensation of appointed counsel who are not
7 on the registry; requiring attorneys to
8 maintain records in order to claim
9 extraordinary compensation; creating s. 27.405,
10 F.S.; requiring the Justice Administrative
11 Commission to track expenditures of
12 court-appointed counsel; requiring reports
13 concerning expenditures and certain
14 characteristics of court-appointed counsel;
15 creating s. 27.425, F.S.; requiring the chief
16 circuit judge to recommend compensation rates
17 for providers of due process services;
18 providing for rates to be prescribed in the
19 General Appropriations Act; creating s. 27.511,
20 F.S.; creating an office of criminal conflict
21 and civil regional counsel within the
22 boundaries of each of the five district courts
23 of appeal; providing legislative intent;
24 directing the Justice Administrative Commission
25 to provide administrative support to the
26 offices; prescribing qualifications for and
27 providing for appointment of the regional
28 counsel; providing prohibitions related to the
29 practice of law; requiring that the criminal
30 conflict and civil regional counsel be
31 appointed when the public defender has a
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 conflict of interest in specified cases;
2 prohibiting appointment of the office in
3 certain circumstances; providing for appellate
4 representation; providing for the regional
5 counsel to provide representation in certain
6 civil proceedings; providing for
7 appropriations; providing that no county be
8 required to provide funding to any office of
9 criminal conflict and civil regional counsel;
10 amending s. 27.512, F.S., relating to orders of
11 no imprisonment; conforming provisions to the
12 creation of the regional offices; amending s.
13 27.52, F.S., relating to the determination of
14 indigent status; conforming provisions to the
15 creation of the regional offices; amending s.
16 27.525, F.S.; revising the purposes of the
17 Indigent Criminal Defense Trust Fund; amending
18 s. 27.53, F.S.; authorizing the regional
19 counsel to employ assistant regional counsel;
20 authorizing certain investigators to carry
21 concealed weapons and serve process under
22 certain conditions; requiring the regional
23 counsel to develop coordinated classification
24 and pay plans; providing for appropriations to
25 be determined by a funding formula; amending s.
26 27.5301, F.S.; providing for salaries for the
27 regional counsel and assistant counsel;
28 amending s. 27.5303, F.S., relating to
29 conflicts of interest in the representation of
30 indigent defendants; conforming provisions to
31 changes made by the act; eliminating the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 authority for the Justice Administrative
2 Commission to contest motions to withdraw;
3 providing for the regional counsel to file a
4 motion to withdraw from a criminal or civil
5 case due to a conflict of interest; providing
6 procedures and criteria; amending s. 27.5304,
7 F.S., relating to compensation of private
8 court-appointed counsel, to conform; providing
9 that compensation is based upon a flat fee
10 prescribed in the General Appropriations Act;
11 revising and eliminating certain procedures
12 relating to billings; raising the maximum fee
13 for representation in capital cases;
14 prescribing fee limits for representation in
15 certain dependency proceedings; prescribing
16 conditions, procedures, and amounts for paying
17 compensation to counsel in excess of
18 established limits; requiring counsel to file a
19 motion and submit documentation; providing for
20 a hearing; requiring a written order and
21 findings; requiring the Office of State Courts
22 Administrator to report data on compensation
23 exceeding prescribed limits; amending s. 27.54,
24 F.S., relating to payments for public
25 defenders; conforming provisions to the
26 creation of the offices of criminal conflict
27 and civil regional counsel; providing that no
28 county shall appropriate or expend funds for
29 the offices of criminal conflict and civil
30 regional counsel; amending s. 27.59, F.S.;
31 authorizing the regional counsel to have access
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 to prisoners; amending s. 28.24, F.S.;
2 requiring the clerk of court to provide certain
3 services to the criminal conflict and civil
4 regional counsel without charge; amending s.
5 28.345, F.S.; exempting the regional counsel
6 from certain court-related fees and charges;
7 amending s. 29.001, F.S.; providing for the
8 public defenders' offices to include the
9 criminal conflict and civil regional counsel
10 for purposes of implementing provisions of the
11 State Constitution; providing for state
12 funding; amending ss. 29.006 and 29.007, F.S.,
13 relating to indigent defense costs and
14 court-appointed counsel; conforming provisions
15 to the creation of the regional counsel;
16 amending s. 29.015, F.S., relating to deficits
17 in due-process funds; conforming provisions to
18 the creation of the regional counsel; revising
19 procedures for use of certain contingency
20 funds; amending s. 29.018, F.S., relating to
21 cost sharing of due-process services;
22 conforming provisions to the creation of the
23 regional counsel; amending s. 39.815, F.S.;
24 conforming a cross-reference; amending s.
25 43.16, F.S.; authorizing the Justice
26 Administrative Commission to provide
27 administrative assistance to criminal conflict
28 and civil regional counsel; revising the
29 application of provisions to conform to changes
30 made by the act; amending s. 57.082, F.S.;
31 revising provisions governing the determination
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 of civil indigent status in order to include
2 the appointment of public attorneys in addition
3 to private attorneys; requiring the court to
4 appoint the office of criminal conflict and
5 civil regional counsel in certain civil cases;
6 amending s. 110.205, F.S.; exempting officers
7 and employees of the regional offices from the
8 state career service system; amending s.
9 125.69, F.S.; authorizing counties to contract
10 with the regional counsel to represent
11 defendants charged with violations of
12 ordinances; amending s. 216.011, F.S.;
13 providing that the regional offices are state
14 agencies for state budgeting purposes; amending
15 s. 744.331, F.S.; providing for the appointment
16 of the office of criminal conflict and civil
17 regional counsel for alleged incapacitated
18 persons; providing a temporary exception from
19 certain education requirements for regional
20 counsel; amending s. 938.29, F.S.; providing
21 that certain defendants are liable for regional
22 counsel fees and certain due-process costs;
23 creating a lien against the property of persons
24 who receive regional counsel representation and
25 other due-process services; creating a lien
26 against certain parents for fees and costs;
27 providing for enforcement by the clerk and
28 valuation of fees and costs by the court;
29 repealing s. 27.42, F.S., relating to circuit
30 Article V indigent services committees;
31 providing legislative findings and intent
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1088
Barcode 322874
1 regarding implementation of the act; providing
2 effective dates.
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