Senate Bill 1088 (2007) - The Florida Senate

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CS/SB 1088: Due Process [FPCC]

GENERAL BILL by Criminal and Civil Justice Appropriations ; Crist

Due Process [FPCC]; provides for offices of criminal conflict & civil regional counsel to be appointed to represent persons in certain cases in which public defender is unable to provide representation; creates office of criminal conflict & civil regional counsel within boundaries of each of five district courts of appeal; amends provision re conflicts of interest in representation of indigent defendants, etc. Amends FS.

Effective Date: 05/24/2007 except as otherwise provided
Last Action: 5/24/2007 - Approved by Governor; Chapter No. 2007-62; See also SB 2802 (Ch. 2007-73)
Bill Text: Web Page | PDF

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Bill History

Date	Chamber	Action
2/7/2007	Senate	• Filed
2/22/2007	Senate	• Referred to Criminal and Civil Justice Appropriations
3/6/2007	Senate	• Introduced, referred to Criminal and Civil Justice Appropriations -SJ 00064
3/23/2007	Senate	• On Committee agenda-- Criminal and Civil Justice Appropriations, 03/28/07, 8:30 am, 37-S
3/28/2007	Senate	• CS by- Criminal and Civil Justice Appropriations; YEAS 4 NAYS 0 -SJ 00259; CS read 1st time on 03/28/07 -SJ 00263; Pending reference review -under Rule 4.7(2)
3/29/2007	Senate	• Placed on Calendar, on 2nd reading -SJ 00259
4/11/2007	Senate	• Placed on Special Order Calendar; Read 2nd time -SJ 00324
4/12/2007	Senate	• Read 3rd time -SJ 00355; CS passed; YEAS 37 NAYS 1 -SJ 00356; Immediately certified -SJ 00356; Requested House to concur, or failing to concur, appoint conference committee -SJ 00358
4/12/2007	House	• In Messages; Received, referred to Calendar -HJ 00411; Read 2nd time -HJ 00412; Amendment(s) adopted -HJ 00412; Substituted for CS/HB 7083 -HJ 00422; Read 3rd time -HJ 00422; CS passed as amended; YEAS 113 NAYS 0 -HJ 00422; Immediately certified -HJ 00435; Requested Senate to concur, or appoint conference committee -HJ 00435
4/12/2007	Senate	• In returning messages
4/13/2007	Senate	• Refused to concur, acceded to request for conference committee -SJ 00383; Conference Committee appointed: Senators Carlton, Chair; King, Vice-Chair & At Large; Webster, At Large; Criminal & Civil Justice: Crist, Chair; Argenziano, Dawson, Joyner, Villalobos; Education Pre-K - 12: Wise, Chair; Bullard, Constantine, Dockery, Garcia, Siplin; Higher Education: Lynn, Chair; Justice, King, Oelrich, Ring; General Government: Alexander, Chair; Aronberg, Baker, Bennett, Jones, Lawson; Health & Human Services: Peaden, Chair; Gaetz, Rich, Saunders, Wilson; Transportation & Economic Development: Fasano, Chair; Diaz de la Portilla, Hill, Margolis, Webster -SJ 00399
4/18/2007	House	• Conference Committee appointed: Sansom, Baxley, Bogdanoff, Bowen, Gelber, Hasner, Rivera, Saunders,Seiler, Cannon, Kravitz, Aubuchon, Bucher, Bullard, Cretul, Cusack, D. Davis, M. Davis, Fitzgerald, Glorioso, Holder, Nehr, Patterson, Reed, Mayfield, Kendrick, Allen, Boyd, Brandenburg, Culp, Grimsley, Kreegel, Kriseman, Machek, Nelson, Randolph, Troutman, Williams, Gardiner, Grant, Attkisson, Domino, Evers, Gibbons, Gonzalez, Homan, Jordan, Meadows, Robaina, Sands, Schenck, Scionti, G. Thompson, Bean, Zapata, Anderson, Ford, Galvano, R. Garcia, H. Gibson, Harrell, Hays, Hooper, Patronis, Ausley, Porth, Schwartz, Skidmore, Taylor, Reagan, Brown, Brise, Carroll, Chestnut, Fields -HJ 00510; Holloway, Lopez-Cantera, Murzin, Poppell, Precourt, Richter, Weatherford, Dean, Ross, Adams, Ambler, Frishe, Hukill, Llorente, Mahon, Needelman, Planas, Snyder, N. Thompson, L. Garcia, Gibson, Jenne, Peterman, Roberson, Sachs, Thurston, Pickens, Traviesa, Altman, Coley, Flores, Legg, McKeel, Mealor, Proctor, Simmons, Bendross-Mindingall, Heller, Kiar, Long, Richardson, Vana, Waldman -HJ 00510
5/3/2007	Senate	• Conference Committee Report received -SJ 01159; Conference Committee Report adopted -SJ 01175; Passed as amended by Conference Committee Report (314540); YEAS 39 NAYS 0 -SJ 01175
5/3/2007	House	• In returning messages; Conference Committee Report considered -HJ 01293; Conference Committee Report adopted -HJ 01294; Passed as amended by Conference Committee Report; YEAS 119 NAYS 0 -HJ 01309
5/3/2007	Senate	• Ordered engrossed, then enrolled -SJ 01256
5/9/2007		• Signed by Officers and presented to Governor
5/24/2007		• Approved by Governor; Chapter No. 2007-62; See also SB 2802 (Ch. 2007-73)

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CS/SB 1088, Enrolled (Current Bill Version) Posted 5/4/2007 at 2:43 PM

Bill Text:	Web Page \| PDF

Analyses:	None

Related Bills (3)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 7083 (c1)	Indigent Persons/Legal Representation	Safety & Security Council	Compare	Last Action: 4/12/2007 H Substituted CS/SB 1088; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/SB 1088 (Ch. 2007-62) -HJ 00422 Location:
S 1094 (c1)	Implementing General Appropriations Act [FPCC]	Crist	Compare	Last Action: 5/4/2007 S Died on Calendar, Link/Iden/Sim/Compare passed, refer to CS/SB 1088 (Ch. 2007-62), SB 2800 (Ch. 2007-72), SB 2802 (Ch. 2007-73) Location:
S 2802 (e2)		Fiscal Policy and Calendar Committee	Compare	Last Action: 5/24/2007 Approved by Governor; Chapter No. 2007-73; See also CS/CS/HB 197 (Ch. 2007-191), CS/SB 1088 (Ch. 2007-62), CS/CS/SB 1972 (Ch. 2007-220), CS/SB 2484 (Ch. 2007-237), SB 2800 (Ch. 2007-72), CS/CS/SB 2836 (Ch. 2007-187) Location:

Citations - Statutes (30)

Citation	Catchline	Location in Bill Location In Bill Help
27.40	Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
27.405
27.42	Circuit Article V indigent services committees; composition; staff; responsibilities; funding.
27.425
27.511
27.512	Order of no imprisonment.
27.52	Determination of indigent status.
27.525	Indigent Criminal Defense Trust Fund.
27.53	Appointment of assistants and other staff; method of payment.
27.5301	Salaries of public defenders and assistant public defenders.
27.5303	Public defenders; conflict of interest.
27.5304	Private court-appointed counsel; compensation.
27.54	Limitation on payment of expenditures for public defender's office other than by the state.
27.59	Access to prisoners.
28.24	Service charges by clerk of the circuit court.
28.345	Exemption from court-related fees and charges.
29.001	State courts system elements and definitions.
29.006	Public defenders and indigent defense costs.
29.007	Court-appointed counsel.
29.008	County funding of court-related functions.
29.015	Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.
29.018	Cost sharing of due-process services; legislative intent.
39.815	Appeal.
43.16	Justice Administrative Commission; membership, powers and duties.
57.082	Determination of civil indigent status.
110.205	Career service; exemptions.
125.69	Penalties; enforcement by code inspectors.
216.011	Definitions.
744.331	Procedures to determine incapacity.
938.29	Legal assistance; lien for payment of attorney's fees or costs.

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CS/SB 1088, Engrossed 1 Posted 5/4/2007 at 10:13 AM

Bill Text:	Web Page \| PDF

Analyses:	None

Citations - Statutes (30)

Citation	Catchline	Location in Bill Location In Bill Help
27.40	Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
27.405
27.42	Circuit Article V indigent services committees; composition; staff; responsibilities; funding.
27.425
27.511
27.512	Order of no imprisonment.
27.52	Determination of indigent status.
27.525	Indigent Criminal Defense Trust Fund.
27.53	Appointment of assistants and other staff; method of payment.
27.5301	Salaries of public defenders and assistant public defenders.
27.5303	Public defenders; conflict of interest.
27.5304	Private court-appointed counsel; compensation.
27.54	Limitation on payment of expenditures for public defender's office other than by the state.
27.59	Access to prisoners.
28.24	Service charges by clerk of the circuit court.
28.345	Exemption from court-related fees and charges.
29.001	State courts system elements and definitions.
29.006	Public defenders and indigent defense costs.
29.007	Court-appointed counsel.
29.008	County funding of court-related functions.
29.015	Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.
29.018	Cost sharing of due-process services; legislative intent.
39.815	Appeal.
43.16	Justice Administrative Commission; membership, powers and duties.
57.082	Determination of civil indigent status.
110.205	Career service; exemptions.
125.69	Penalties; enforcement by code inspectors.
216.011	Definitions.
744.331	Procedures to determine incapacity.
938.29	Legal assistance; lien for payment of attorney's fees or costs.

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CS/SB 1088, Committee Substitute 1 Posted 3/28/2007 at 4:05 PM

Bill Text:	Web Page \| PDF

Analyses:	Criminal and Civil Justice Appropriations (Post-Meeting) 3/28/2007 (pdf)

Committee Amendments (1)

Amendment	Sponsor	Filed	Last Committee Action	Format
314540 - Conference Committee Amendment		4/30/2007 2:13 PM		Web Page PDF

Floor Amendments (7)

Amendment	Sponsor	Filed	Last Floor Action	Format
825452 - Amendment	Geller	4/10/2007 4:57 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
292602 - Amendment	Geller	4/10/2007 5:08 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
595368 - Amendment	Geller	4/10/2007 5:08 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
310328 - Amendment	Geller	4/10/2007 5:08 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
092174 - Amendment	Geller	4/10/2007 5:14 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
322874 - Amendment	Geller	4/10/2007 5:17 PM	Senate: Withdrawn 4/11/2007	Web Page PDF
428497 - Amendment		4/12/2007 11:05 AM	Senate: Refused to Concur 4/11/2007	Web Page PDF

Floor Votes (4)

Date	Chamber	Result
4/12/2007 10:03 AM	Senate	37 Yeas - 1 Nays
4/12/2007 2:31 PM	House	113 Yeas - 0 Nays
5/3/2007 2:08 PM	Senate	39 Yeas - 0 Nays
5/3/2007 5:01 PM	House	119 Yeas - 0 Nays

Citations - Statutes (30)

Citation	Catchline	Location in Bill Location In Bill Help
27.40	Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
27.405
27.42	Circuit Article V indigent services committees; composition; staff; responsibilities; funding.
27.425
27.511
27.512	Order of no imprisonment.
27.52	Determination of indigent status.
27.525	Indigent Criminal Defense Trust Fund.
27.53	Appointment of assistants and other staff; method of payment.
27.5301	Salaries of public defenders and assistant public defenders.
27.5303	Public defenders; conflict of interest.
27.5304	Private court-appointed counsel; compensation.
27.54	Limitation on payment of expenditures for public defender's office other than by the state.
27.59	Access to prisoners.
28.24	Service charges by clerk of the circuit court.
28.345	Exemption from court-related fees and charges.
29.001	State courts system elements and definitions.
29.006	Public defenders and indigent defense costs.
29.007	Court-appointed counsel.
29.008	County funding of court-related functions.
29.015	Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.
29.018	Cost sharing of due-process services; legislative intent.
39.815	Appeal.
43.16	Justice Administrative Commission; membership, powers and duties.
57.082	Determination of civil indigent status.
110.205	Career service; exemptions.
125.69	Penalties; enforcement by code inspectors.
216.011	Definitions.
744.331	Procedures to determine incapacity.
938.29	Legal assistance; lien for payment of attorney's fees or costs.

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SB 1088, Original Filed Version Posted 2/7/2007 at 9:25 AM

Bill Text:	Web Page \| PDF

Analyses:	Criminal and Civil Justice Appropriations PCS 640590 (Post-Meeting) 3/19/2007 (pdf)

Proposed Committee Substitutes (1)

PCS and Amendments	Sponsor	Filed	Last Committee Action	Format
640590 - Proposed Committee Substitute	Criminal and Civil Justice Appropriations	3/23/2007 3:42 PM	Favorable 3/28/2007	Web Page PDF

Committee Votes (1)

Date	Committee	Result
3/28/2007 8:30 AM	Criminal and Civil Justice Appropriations	4 Yeas - 0 Nays

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