HB 7083

1	A bill to be entitled
2	An act relating to legal representation for indigent
3	persons; amending s. 27.40, F.S.; removing responsibility
4	for appointment of attorneys for indigent persons from
5	courts; providing for appointment of attorneys for
6	indigent persons by public defenders; limiting
7	expenditures; providing contract requirements; repealing
8	s. 27.42, F.S., relating to circuit Article V indigent
9	services committees; amending s. 27.51, F.S.; providing
10	additional duties for public defenders related to proving
11	attorney services in certain cases; requiring reports;
12	amending s. 27.512, F.S.; adding a cross-reference;
13	amending s. 27.52, F.S.; conforming references; limiting
14	expenditures; revising provisions relating to payment for
15	costs of representation; amending s. 27.525, F.S.;
16	changing the name of a trust fund; limiting expenditures;
17	amending s. 27.53, F.S.; providing that public defender
18	investigators are authorized to act in any judicial
19	circuit; amending s. 27.5303, F.S.; revising provisions
20	relating to appointment of counsel by a public defender in
21	conflict cases; deleting a requirement to file a report
22	with the Justice Administrative Commission; amending s.
23	27.5304, F.S.; limiting expenditures on appointed counsel;
24	creating financial penalties chargeable against an
25	appointed attorney found to have provided ineffective
26	assistance of counsel; deleting forms of billing and
27	payment by private attorneys representing indigent
28	persons; deleting report of the Article V Indigent
29	Services Advisory Board; providing for amendment of
30	standard fee per case in the General Appropriations Act;
31	allowing for extraordinary payment; providing that a
32	public defender achieving cost savings may be entitled to
33	propose alternative use for such savings up to a specified
34	amount; amending ss. 27.561 and 27.562, F.S.; making
35	conforming changes; amending s. 27.58, F.S.; providing
36	that the public defender is the chief administrator of all
37	indigent representation services in the public defender's
38	circuit; amending s. 27.59, F.S.; providing that attorneys
39	appointed by a public defender have the same access to
40	prisoners as the public defender; amending s. 29.007,
41	F.S.; providing for attorneys appointed by the public
42	defender; deleting references to the Justice
43	Administrative Commission; amending s. 29.015, F.S.;
44	moving responsibility for a deficit in the indigent
45	services fund from the Justice Administrative Commission
46	to the state courts system; requiring establishment of a
47	peer review committee; amending s. 29.018, F.S.; making
48	conforming changes; amending s. 29.0185, F.S.; limiting
49	expenditures for due process costs; amending ss. 39.815,
50	125.69, and 215.20, F.S.; conforming provisions; amending
51	s. 744.331, F.S.; providing for appointment by the public
52	defender of an attorney for an alleged incapacitated
53	person; repealing s. 914.11, F.S.; repealing requirement
54	for payment of costs for an indigent criminal defendant;
55	amending s. 938.29, F.S.; providing for a lien against an
56	individual who has been provided attorney services as an
57	indigent; directing payment of moneys collected from the
58	lien; creating a transitional plan for payment of expenses
59	accruing before the effective date of this act; providing
60	an effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  Section 27.40, Florida Statutes, is amended to
65	read:
66	27.40  Appointed Court-appointed counsel system; component
67	programs circuit registries; minimum requirements; appointment
68	by court.--
69	(1)  Counsel shall be appointed by the public defender of
70	the circuit to represent any individual in a criminal or civil
71	proceeding entitled to appointed court-appointed counsel under
72	the Federal or State Constitution or as authorized by general
73	law. No court may order that a particular attorney be named as
74	an appointed attorney in a case. No court may enter any court
75	order affecting, nor otherwise direct or control, the provision
76	of appointed attorney services; however, a court shall not be
77	prohibited from exercising traditional means of discipline of
78	attorneys appearing before the court. Any reference in this part
79	to the appointment of the public defender shall also refer to
80	the subsequent selection and appointment by the public defender
81	of another attorney to represent an individual in the event of a
82	conflict of interest or for representation of indigent litigants
83	in civil proceedings where necessary to meet constitutional or
84	statutory requirements The court shall appoint a public defender
85	to represent indigent persons as authorized in s. 27.51. Private
86	counsel shall be appointed to represent indigents in those cases
87	in which provision is made for court-appointed counsel but the
88	public defender is unable to provide representation due to a
89	conflict of interest or is not authorized to provide
90	representation.
91	(2)  The public defender of each judicial circuit shall be
92	the administrator of all appointed attorney services authorized
93	under s. 27.51 within the circuit. The public defender shall
94	administratively create component programs as a separate unit of
95	each public defender's office and the public defender shall
96	sufficiently insulate the units from each other so as to ensure
97	that confidential client information is not exchanged. Component
98	programs under the administration of each public defender shall
99	include the following:
100	(a)  A criminal and delinquency program, which shall
101	represent any person described in s. 27.51(1)(a), (b), or (c).
102	(b)  A dependency and termination of parental rights
103	program, which shall represent any person described in s.
104	27.51(1)(e).
105	(c)  A civil program, which shall represent any person
106	described in s. 25.51(1)(d) and (f)-(m).
107	(d)  A conflict program, which shall represent any person
108	described in s. 27.51(1)(a)-(m) when the public defender
109	determines that a conflict of interest exists in accordance with
110	s. 27.5303. Private counsel appointed by the court to provide
111	representation shall be selected from a registry of individual
112	attorneys established by the circuit Article V indigent services
113	committee or procured through a competitive bidding process.
114	(3)  Each public defender shall have the authority to
115	determine the most cost-effective method or methods for the
116	delivery of appointed attorney services for that public
117	defender's circuit. Authorized methods shall include, but not be
118	limited to, the use of state employees, cross-circuit conflict
119	representation, assigned attorney registries, and contractual
120	agreements with individual attorneys, law firms, or groups of
121	attorneys or law firms. Any contractual agreement may be
122	terminated by a successor public defender without penalty. No
123	contract or agreement may obligate the state to pay sums in
124	excess of the moneys appropriated to the public defender for
125	indigent services, and any contract shall be subject to annual
126	appropriations. In utilizing a registry:
127	(a)  Each circuit Article V indigent services committee
128	shall compile and maintain a list of attorneys in private
129	practice, by county and by category of cases. From October 1,
130	2005, through September 30, 2007, the list of attorneys compiled
131	by the Eleventh Judicial Circuit shall provide the race, gender,
132	and national origin of assigned attorneys. To be included on a
133	registry, attorneys shall certify that they meet any minimum
134	requirements established in general law for court appointment,
135	are available to represent indigent defendants in cases
136	requiring court appointment of private counsel, and are willing
137	to abide by the terms of the contract for services. To be
138	included on a registry, an attorney also must enter into a
139	contract for services with the Justice Administrative
140	Commission. Failure to comply with the terms of the contract for
141	services may result in termination of the contract and removal
142	from the registry. Each attorney on the registry shall be
143	responsible for notifying the circuit Article V indigent
144	services committee and the Justice Administrative Commission of
145	any change in his or her status. Failure to comply with this
146	requirement shall be cause for termination of the contract for
147	services and removal from the registry until the requirement is
148	fulfilled.
149	(b)  The court shall appoint attorneys in rotating order in
150	the order in which names appear on the applicable registry,
151	unless the court makes a finding of good cause on the record for
152	appointing an attorney out of order. An attorney not appointed
153	in the order in which his or her name appears on the list shall
154	remain next in order.
155	(c)  If it finds the number of attorneys on the registry in
156	a county or circuit for a particular category of cases is
157	inadequate, the circuit Article V indigent services committee
158	shall notify the chief judge of the particular circuit in
159	writing. The chief judge shall submit the names of at least
160	three private attorneys with relevant experience. The clerk of
161	court shall send an application to each of these attorneys to
162	register for appointment.
163	(d)  Quarterly, each circuit Article V indigent services
164	committee shall provide a current copy of each registry to the
165	Chief Justice of the Supreme Court, the chief judge, the state
166	attorney and public defender in each judicial circuit, the clerk
167	of court in each county, the Justice Administrative Commission,
168	and the Indigent Services Advisory Board. From October 1, 2005,
169	through September 30, 2007, the report submitted by the Eleventh
170	Judicial Circuit shall include the race, gender, and national
171	origin of all attorneys listed in and appointed under the
172	registry.
173	(4)  To be eligible for court appointment, an attorney must
174	be a member in good standing of The Florida Bar, must meet in
175	addition to any other qualifications specified by general law,
176	and must meet any criteria established by the public defender.
177	(5)  The Justice Administrative Commission shall approve
178	uniform contract forms for use in procuring the services of
179	private court-appointed counsel and uniform procedures and forms
180	for use by a court-appointed attorney in support of billing for
181	attorney's fees, costs, and related expenses to demonstrate the
182	attorney's completion of specified duties.
183	(6)  After court appointment, the attorney must immediately
184	file a notice of appearance with the court indicating acceptance
185	of the appointment to represent the defendant.
186	(5)(7)(a)  A private An attorney appointed by a public
187	defender to represent a defendant or other client is entitled to
188	payment for services pursuant to s. 27.5304, only upon full
189	performance by the attorney of specified duties, adherence to
190	any billing procedures specified in the contract by the public
191	defender, submission of all documentation required by the
192	contract, approval of payment by the public defender, court,
193	except for payment based on a flat fee per case as provided in
194	s. 27.5304; and attorney submission of a payment request to the
195	Justice Administrative Commission within 60 days following
196	completion of the work unless otherwise specified in the
197	contract. Upon being permitted to withdraw from a case, a court-
198	appointed attorney shall submit a copy of the order to the
199	Justice Administrative Commission at the time it is issued by
200	the court. If a private an attorney is permitted to withdraw or
201	is otherwise removed from representation prior to full
202	performance of the duties specified in this section for reasons
203	other than breach of duty, the public defender trial court shall
204	approve payment of attorney's fees and costs for work performed
205	as provided in the contract in an amount not to exceed the
206	amounts specified in s. 27.5304. Withdrawal from a case prior to
207	full performance of the duties specified shall create a
208	rebuttable presumption that the attorney is not entitled to the
209	entire flat fee for those cases paid on a flat-fee-per-case
210	basis.
211	(6)(b)  A private The attorney shall maintain appropriate
212	documentation, including a current and detailed hourly
213	accounting of time spent representing the defendant or other
214	client. These records and documents are subject to review by the
215	public defender and the Justice Administrative Commission,
216	subject to the attorney-client privilege and work product
217	privilege. Subject to the attorney-client privilege, these
218	records and documents shall be made available to the Governor,
219	the Legislature, and the general public upon request.
220	(7)(8)  Subject to the attorney-client privilege and the
221	work-product privilege, a private an attorney who withdraws or
222	is removed from representation shall deliver all files, notes,
223	documents, and research to a the successor attorney within 15
224	days after receiving notice from the successor attorney
225	designated by the public defender. The successor attorney shall
226	bear the cost of transmitting all files, notes, documents, and
227	research.
228	(8)(9)  A circuit Article V indigent services committee or
229	Any interested person may advise the public defender court of
230	any circumstance affecting the quality of representation,
231	including, but not limited to, false or fraudulent billing,
232	misconduct, failure to meet continuing legal education
233	requirements, solicitation to receive compensation from the
234	defendant or other client a private the attorney is appointed to
235	represent, or failure to file appropriate motions in a timely
236	manner.
237	(9)(10)  This section does not apply to attorneys appointed
238	to represent persons in postconviction capital collateral cases
239	pursuant to part IV of this chapter.
240	Section 2.  Section 27.42, Florida Statutes, is repealed.
241	Section 3.  Subsections (1) and (2) of section 27.51,
242	Florida Statutes, are amended, and subsection (7) is added to
243	that section, to read:
244	27.51  Duties of public defender.--
245	(1)  The public defender shall represent, or secure
246	representation for, without additional compensation, any person
247	determined to be indigent under s. 27.52 and:
248	(a)  Under arrest for, or charged with, a felony;
249	(b)  Under arrest for, or charged with:
250	1.  A misdemeanor authorized for prosecution by the state
251	attorney;
252	2.  A violation of chapter 316 punishable by imprisonment;
253	3.  Criminal contempt; or
254	4.  A violation of a special law or county or municipal
255	ordinance ancillary to a state charge, or if not ancillary to a
256	state charge, only if the public defender contracts with the
257	county or municipality to provide representation pursuant to ss.
258	27.54 and 125.69.
259
260	The public defender shall not provide representation pursuant to
261	this paragraph if the court, prior to trial, files in the cause
262	an order of no imprisonment as provided in s. 27.512;
263	(c)  Alleged to be a delinquent child pursuant to a
264	petition filed before a circuit court;
265	(d)  Sought by petition filed in such court to be
266	involuntarily placed as a mentally ill person under part I of
267	chapter 394, involuntarily committed as a sexually violent
268	predator under part V of chapter 394, or involuntarily admitted
269	to residential services as a person with developmental
270	disabilities under chapter 393. A public defender shall not
271	represent any plaintiff in a civil action brought under the
272	Florida Rules of Civil Procedure, the Federal Rules of Civil
273	Procedure, or the federal statutes, or represent a petitioner in
274	a rule challenge under chapter 120, unless specifically
275	authorized by statute;
276	(e)  The parent of a child involved in shelter hearings and
277	termination of parental rights proceedings as specifically
278	authorized under parts V and XI of chapter 39;
279	(f)  Alleged to be infected with a sexually transmitted
280	disease and for whom isolation, hospitalization, or confinement
281	is sought pursuant to chapter 384;
282	(g)  A minor who petitions the court for waiver of parental
283	notification under s. 390.01114;
284	(h)  Alleged to be infected with active tuberculosis and
285	for whom isolation, hospitalization, or confinement is sought
286	pursuant to chapter 392;
287	(i)  Alleged to be substance-abuse impaired and for whom
288	involuntary assessment, stabilization, or treatment is sought
289	pursuant to chapter 397;
290	(j)  Alleged to be a vulnerable adult in need of protective
291	services pursuant to s. 415.1051;
292	(k)  Alleged to be incapacitated and for whom an
293	involuntary guardianship is sought pursuant to chapter 744;
294	(l)  A person for whom involuntary commitment is sought
295	subsequent to an acquittal by reason of insanity pursuant to s.
296	916.15;
297	(m)  A parent of a child alleged to be in need of services
298	or as a child alleged to be in contempt under chapter 984;
299	(n)(e)  Convicted and sentenced to death, for purposes of
300	handling an appeal to the Supreme Court; or
301	(o)(f)  Is appealing a matter in a case arising under
302	paragraphs (a)-(n) (a)-(d).
303	(2)  The court may not appoint the public defender may not
304	be appointed to represent, even on a temporary basis, any person
305	who is not indigent. The court, however, may appoint private
306	counsel in capital cases as provided in ss. 27.40 and 27.5303.
307	(7)  Each public defender shall maintain the following
308	information for his or her circuit on an ongoing basis that
309	shall be updated at least quarterly and provided to the
310	Legislature, the Governor, the state courts system, and the
311	general public on a circuit-by-circuit basis through the website
312	of the Justice Administrative Commission:
313	(a)  A complete description of the manner in which the
314	public defender provides or arranges for services for each type
315	of case described in paragraphs (1)(a)-(o), including rates of
316	payment for services provided by outside entities.
317	(b)  The number of defendants or litigants found to be
318	indigent under s. 27.52 and appointed by the court to be
319	represented by the public defender or for whom the public
320	defender arranges for representation by case type as described
321	in paragraphs (1)(a)-(o).
322	(c)  The number of defendants or litigants referred to
323	outside counsel by case type as described in paragraphs (1)(a)-
324	(o), including specific identification of the number of
325	defendants or litigants referred to outside counsel as a result
326	of a conflict of interest.
327	(d)  A list of all attorneys and other contracted service
328	providers that received payment during the quarter and the
329	amount paid to each.
330	(e)  Any other information that the public defender or the
331	Justice Administrative Commission determines would be in the
332	public interest to maintain and disseminate on a regular basis.
333	Section 4.  Subsection (1) of section 27.512, Florida
334	Statutes, is amended to read:
335	27.512  Order of no imprisonment.--
336	(1)  In each case set forth in s. 27.51(1)(b), in which the
337	court determines that it will not sentence the defendant to
338	imprisonment if convicted, the court shall issue an order of no
339	imprisonment and the court may not appoint the public defender
340	may not be appointed to represent the defendant. If the court
341	issues an order of no imprisonment following the appointment of
342	the public defender, the court shall immediately terminate the
343	public defender's services. However, if at any time the court
344	withdraws the order of no imprisonment with respect to an
345	indigent defendant, the court shall appoint the public defender
346	to represent the defendant.
347	Section 5.  Paragraphs (b) and (d) of subsection (1),
348	paragraph (c) of subsection (2), subsection (3), paragraph (b)
349	of subsection (4), subsections (5) and (6), and paragraph (a) of
350	subsection (7) of section 27.52, Florida Statutes, are amended
351	to read:
352	27.52  Determination of indigent status.--
353	(1)  APPLICATION TO THE CLERK.--A person seeking
354	appointment of a public defender under s. 27.51 based upon an
355	inability to pay must apply to the clerk of the court for a
356	determination of indigent status using an application form
357	developed by the Florida Clerks of Court Operations Corporation
358	with final approval by the Supreme Court.
359	(b)  An applicant shall pay a $40 application fee to the
360	clerk for each application for appointed court-appointed counsel
361	filed. The applicant shall pay the fee within 7 days after
362	submitting the application. If the applicant does not pay the
363	fee prior to the disposition of the case, the clerk shall notify
364	the court, and the court shall:
365	1.  Assess the application fee as part of the sentence or
366	as a condition of probation; or
367	2.  Assess the application fee pursuant to s. 938.29.
368	(d)  All application fees collected by the clerk under this
369	section shall be transferred monthly by the clerk to the
370	Department of Revenue for deposit in the Indigent Services
371	Criminal Defense Trust Fund administered by the Justice
372	Administrative Commission, to be used to as appropriated by the
373	Legislature. The clerk may retain 2 percent of application fees
374	collected monthly for administrative costs prior to remitting
375	the remainder to the Department of Revenue.
376	(2)  DETERMINATION BY THE CLERK.--The clerk of the court
377	shall determine whether an applicant seeking appointment of a
378	public defender is indigent based upon the information provided
379	in the application and the criteria prescribed in this
380	subsection.
381	(c)1.  If the clerk determines that the applicant is
382	indigent, the clerk shall submit the determination to the office
383	of the public defender and immediately file the determination in
384	the case file.
385	2.  If the public defender is unable to provide
386	representation due to a conflict pursuant to s. 27.5303, the
387	public defender shall move the court for withdrawal from
388	representation and appointment of private counsel.
389	(3)  APPOINTMENT OF COUNSEL ON INTERIM BASIS.--If the clerk
390	of the court has not made a determination of indigent status at
391	the time a person requests appointment of a public defender, the
392	court shall make a preliminary determination of indigent status,
393	pending further review by the clerk, and may, by court order,
394	appoint the a public defender or private counsel on an interim
395	basis.
396	(4)  REVIEW OF CLERK'S DETERMINATION.--
397	(b)  Based upon its review, the court shall make one of the
398	following determinations and, if the applicant is indigent,
399	shall appoint the a public defender or, if appropriate, private
400	counsel:
401	1.  The applicant is not indigent.
402	2.  The applicant is indigent.
403	(5)  INDIGENT FOR COSTS.--No funds appropriated to the
404	public defender or the Justice Administrative Commission shall
405	be expended for costs incurred by privately retained counsel or
406	a pro se litigant or defendant except as specifically authorized
407	by this chapter and the public defender. A person who is
408	eligible to be represented by a public defender under s. 27.51
409	but who is represented by private counsel not appointed by the
410	court for a reasonable fee as approved by the court, on a pro
411	bono basis, or who is proceeding pro se, may move the court for
412	a determination that he or she is indigent for costs and
413	eligible for the provision of due process services, as
414	prescribed by ss. 29.006 and 29.007, funded by the state.
415	(a)  The person must submit to the court:
416	1.  The completed application prescribed in subsection (1).
417	2.  In the case of a person represented by counsel, an
418	affidavit attesting to the estimated amount of attorney's fees
419	and the source of payment for these fees.
420	(b)  In reviewing the motion, the court shall consider:
421	1.  Whether the applicant applied for a determination of
422	indigent status under subsection (1) and the outcome of such
423	application.
424	2.  The extent to which the person's income equals or
425	exceeds the income criteria prescribed in subsection (2).
426	3.  The additional factors prescribed in subsection (4).
427	4.  Whether the applicant is proceeding pro se.
428	5.  When the applicant retained private counsel.
429	6.  The amount of any attorney's fees and who is paying the
430	fees.
431	(c)  Based upon its review, the court shall make one of the
432	following determinations:
433	1.  The applicant is not indigent for costs.
434	2.  The applicant is indigent for costs.
435	(d)  The provision of due process services based upon a
436	determination that a person is indigent for costs under this
437	subsection must be effectuated pursuant to a court order, a copy
438	of which the clerk shall provide to counsel representing the
439	person, or to the person directly if he or she is proceeding pro
440	se, for use in requesting payment of due process expenses
441	through the Justice Administrative Commission. Counsel
442	representing a person declared indigent for costs shall execute
443	the Justice Administrative Commission's contract for counsel
444	representing persons determined to be indigent for costs.
445	(6)  DUTIES OF PARENT OR LEGAL GUARDIAN.--A nonindigent
446	parent or legal guardian of an applicant who is a minor or an
447	adult tax-dependent person shall furnish the minor or adult tax-
448	dependent person with the necessary legal services and costs
449	incident to a delinquency proceeding or, upon transfer of such
450	person for criminal prosecution as an adult pursuant to chapter
451	985, a criminal prosecution in which the person has a right to
452	legal counsel under the Constitution of the United States or the
453	Constitution of the State of Florida. The failure of a parent or
454	legal guardian to furnish legal services and costs under this
455	section does not bar the appointment of legal counsel pursuant
456	to this section, s. 27.40, or s. 27.5303. When the public
457	defender, a private court-appointed conflict counsel, or a
458	private attorney is appointed to represent a minor or an adult
459	tax-dependent person in any proceeding in circuit court or in a
460	criminal proceeding in any other court, the parents or the legal
461	guardian shall be liable for payment of the fees, charges, and
462	costs of the representation even if the person is a minor being
463	tried as an adult. Liability for the fees, charges, and costs of
464	the representation shall be imposed in the form of a lien
465	against the property of the nonindigent parents or legal
466	guardian of the minor or adult tax-dependent person. The lien is
467	enforceable as provided in s. 27.561 or s. 938.29.
468	(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
469	(a)  If the court learns of discrepancies between the
470	application or motion and the actual financial status of the
471	person found to be indigent or indigent for costs, the court
472	shall determine whether the public defender or private attorney
473	shall continue representation or whether the authorization for
474	any other due process services previously authorized shall be
475	revoked. The person may be heard regarding the information
476	learned by the court. If the court, based on the information,
477	determines that the person is not indigent or indigent for
478	costs, the court shall order the public defender or private
479	attorney to discontinue representation and revoke the provision
480	of any other authorized due process services.
481	Section 6.  Section 27.525, Florida Statutes, is amended to
482	read:
483	27.525  Indigent Services Criminal Defense Trust Fund.--The
484	Indigent Services Criminal Defense Trust Fund is hereby created,
485	to be administered by the Justice Administrative Commission.
486	Funds shall be credited to the trust fund as provided in s.
487	27.52, to be used exclusively for indigent services in each
488	circuit in accordance with this part the purposes set forth
489	therein. The Justice Administrative Commission shall account for
490	these funds on a circuit basis, and appropriations from the fund
491	shall be proportional to each circuit's collections.
492	Section 7.  Subsection (1) of section 27.53, Florida
493	Statutes, is amended to read:
494	27.53  Appointment of assistants and other staff; method of
495	payment.--
496	(1)(a)  The public defender of each judicial circuit is
497	authorized to employ and establish, in such numbers as
498	authorized by the General Appropriations Act, assistant public
499	defenders and other staff and personnel pursuant to s. 29.006,
500	who shall be paid from funds appropriated for that purpose.
501	(b)  Notwithstanding the provisions of s. 790.01, s.
502	790.02, or s. 790.25(2)(a), an investigator employed by a public
503	defender, while actually carrying out official duties, is
504	authorized to carry concealed weapons if the investigator
505	complies with s. 790.25(3)(o). However, such investigators are
506	not eligible for membership in the Special Risk Class of the
507	Florida Retirement System. Each investigator employed by a
508	public defender shall have full authority to serve any witness
509	subpoena or court order issued, by any court or judge within any
510	judicial circuit served by the public defender, in a criminal
511	case in which the public defender has been appointed.
512	(c)  The public defenders of all judicial circuits shall
513	jointly develop a coordinated classification and pay plan which
514	shall be submitted on or before January 1 of each year to the
515	Justice Administrative Commission, the office of the President
516	of the Senate, and the office of the Speaker of the House of
517	Representatives. Such plan shall be developed in accordance with
518	policies and procedures of the Executive Office of the Governor
519	established in s. 216.181.
520	(d)  Each assistant public defender appointed by a public
521	defender under this section shall serve at the pleasure of the
522	public defender. Each investigator employed by a public defender
523	shall have full authority to serve any witness subpoena or court
524	order issued, by any court or judge within the judicial circuit
525	served by such public defender, in a criminal case in which such
526	public defender has been appointed to represent the accused.
527	Section 8.  Section 27.5303, Florida Statutes, is amended
528	to read:
529	27.5303  Public defenders; conflict of interest.--
530	(1)(a)  If, at any time during the representation of two or
531	more clients defendants, a public defender determines that the
532	interests of those clients accused are so adverse or hostile
533	that they cannot all be counseled by members of the public
534	defender or his or her staff practicing within a single unit of
535	his or her office without conflict of interest, or that none can
536	be counseled by the public defender or his or her staff because
537	of a conflict of interest, then the public defender shall
538	reassign one or more of the clients to the appropriate conflict
539	unit of his or her office. file a motion to withdraw and move
540	the court to appoint other counsel. If requested by the Justice
541	Administrative Commission, the public defender shall submit a
542	copy of the motion to the Justice Administrative Commission at
543	the time it is filed with the court. The Justice Administrative
544	Commission shall have standing to appear before the court to
545	contest any motion to withdraw due to a conflict of interest.
546	The Justice Administrative Commission may contract with other
547	public or private entities or individuals to appear before the
548	court for the purpose of contesting any motion to withdraw due
549	to a conflict of interest. The court shall review and may
550	inquire or conduct a hearing into the adequacy of the public
551	defender's representations regarding a conflict of interest
552	without requiring the disclosure of any confidential
553	communications. The court shall deny the motion to withdraw if
554	the court finds the grounds for withdrawal are insufficient or
555	the asserted conflict is not prejudicial to the indigent client.
556	If the court grants the motion to withdraw, the court shall
557	appoint one or more attorneys to represent the accused.
558	(2)(b)  Upon its own motion, the court shall notify the
559	appropriate public defender appoint such other counsel when the
560	facts developed upon the face of the record and court files in
561	the case disclose a conflict of interest. The court shall advise
562	the appropriate public defender and clerk of court, in writing,
563	specifically stating with a copy to the Justice Administrative
564	Commission, if so requested by the Justice Administrative
565	Commission, when making the motion and appointing one or more
566	attorneys to represent the accused. The court shall specify the
567	basis for the conflict. Upon receipt of such notice, the public
568	defender shall resolve the conflict of interest by reassigning
569	one or more of the clients to outside counsel or to the conflict
570	unit of his or her office.
571	(3)(c)  In no case shall the court approve a withdrawal by
572	the public defender based solely upon inadequacy of funding or
573	excess workload of the public defender.
574	(4)(d)  In determining whether or not there is a conflict
575	of interest, the public defender shall apply the standards
576	contained in the Uniform Standards for Use in Conflict of
577	Interest Cases found in appendix C to the Final Report of the
578	Article V Indigent Services Advisory Board dated January 6,
579	2004.
580	(2)  The court shall appoint conflict counsel pursuant to
581	s. 27.40. The appointed attorney may not be affiliated with the
582	public defender or any assistant public defender in his or her
583	official capacity or any other private attorney appointed to
584	represent a codefendant. The public defender may not participate
585	in case-related decisions, performance evaluations, or expense
586	determinations in conflict cases.
587	(3)  Private court-appointed counsel shall be compensated
588	as provided in s. 27.5304.
589	(4)(a)  If a defendant is convicted and the death sentence
590	is imposed, the appointed attorney shall continue representation
591	through appeal to the Supreme Court. The attorney shall be
592	compensated as provided in s. 27.5304. If the attorney first
593	appointed is unable to handle the appeal, the court shall
594	appoint another attorney and that attorney shall be compensated
595	as provided in s. 27.5304.
596	(5)(b)  The public defender or an attorney appointed
597	pursuant to this section may be appointed by the court rendering
598	the judgment imposing the death penalty to represent an indigent
599	defendant who has applied for executive clemency as relief from
600	the execution of the judgment imposing the death penalty.
601	(c)  When the appointed attorney in a capital case has
602	completed the duties imposed by this section, the attorney shall
603	file a written report in the trial court stating the duties
604	performed by the attorney and apply for discharge.
605	Section 9.  Section 27.5304, Florida Statutes, is amended
606	to read:
607	27.5304  Limits on appointed Private court-appointed
608	counsel; compensation.--
609	(1)  Private court-appointed counsel appointed by a public
610	defender under this part shall be compensated by the Justice
611	Administrative Commission from the budget allocated to the
612	public defender appointing the counsel in an amount not to
613	exceed the contract between the public defender and the attorney
614	or the fee limits established in this section, whichever is
615	lower. The attorney may also shall be reimbursed for reasonable
616	and necessary expenses in accordance with s. 29.007, subject to
617	limits in the contract between the public defender and the
618	attorney. In no event may payment be made to a private attorney
619	if such payment would exceed the public defender's approved
620	operating budget. If the attorney is representing a defendant
621	charged with more than one offense in the same case, the
622	attorney shall be compensated at the rate provided for the most
623	serious offense for which he or she represented the defendant.
624	This section does not allow stacking of the fee limits
625	established by this section. Private court-appointed counsel
626	providing representation under an alternative model shall enter
627	into a uniform contract with the Justice Administrative
628	Commission and shall use the Justice Administrative Commission's
629	uniform procedures and forms in support of billing for
630	attorney's fees, costs, and related expenses. Failure to comply
631	with the terms of the contract for services may result in
632	termination of the contract.
633	(2)  The public defender Justice Administrative Commission
634	shall review an intended billing by private court-appointed
635	counsel for attorney's fees or costs and shall not approve any
636	fee or cost not authorized by the contract or that is excessive.
637	If any appointed attorney has been found by a court to have
638	provided ineffective assistance of counsel in any appointed
639	case, and that judgment is final and not subject to further
640	appeal, the appointed attorney shall not be entitled to payment
641	of costs and fees for the case, shall repay all costs and fees
642	already paid for the representation, shall reimburse the public
643	defender for the cost of replacement counsel at all subsequent
644	hearings or trials, and may be subject to a malpractice action
645	by the client pursuant to law. based on a flat fee per case for
646	completeness and compliance with contractual, statutory, and
647	circuit Article V indigent services committee requirements. The
648	commission may approve the intended bill for a flat fee per case
649	for payment without approval by the court if the intended
650	billing is correct. For all other intended billings, prior to
651	filing a motion for an order approving payment of attorney's
652	fees, costs, or related expenses, the private court-appointed
653	counsel shall deliver a copy of the intended billing, together
654	with supporting affidavits and all other necessary
655	documentation, to the Justice Administrative Commission. The
656	Justice Administrative Commission shall review the billings,
657	affidavit, and documentation for completeness and compliance
658	with contractual and statutory requirements. If the Justice
659	Administrative Commission objects to any portion of the proposed
660	billing, the objection and reasons therefor shall be
661	communicated to the private court-appointed counsel. The private
662	court-appointed counsel may thereafter file his or her motion
663	for order approving payment of attorney's fees, costs, or
664	related expenses together with supporting affidavits and all
665	other necessary documentation. The motion must specify whether
666	the Justice Administrative Commission objects to any portion of
667	the billing or the sufficiency of documentation and shall attach
668	the Justice Administrative Commission's letter stating its
669	objection. The attorney shall have the burden to prove the
670	entitlement to attorney's fees, costs, or related expenses. A
671	copy of the motion and attachments shall be served on the
672	Justice Administrative Commission at least 5 business days prior
673	to the date of a hearing. The Justice Administrative Commission
674	shall have standing to appear before the court to contest any
675	motion for order approving payment of attorney's fees, costs, or
676	related expenses and may participate in a hearing on the motion
677	by use of telephonic or other communication equipment unless
678	ordered otherwise. The Justice Administrative Commission may
679	contract with other public or private entities or individuals to
680	appear before the court for the purpose of contesting any motion
681	for order approving payment of attorney's fees, costs, or
682	related expenses. The fact that the Justice Administrative
683	Commission has not objected to any portion of the billing or to
684	the sufficiency of the documentation is not binding on the
685	court. The court retains primary authority and responsibility
686	for determining the reasonableness of all billings for
687	attorney's fees, costs, and related expenses, subject to
688	statutory limitations. Private court-appointed counsel is
689	entitled to compensation upon final disposition of a case,
690	except as provided in subsections (7), (8), and (10). Before
691	final disposition of a case, a private court-appointed counsel
692	may file a motion for fees, costs, and related expenses for
693	services completed up to the date of the motion in any case or
694	matter in which legal services have been provided by the
695	attorney for more than 1 year. The amount approved by the court
696	may not exceed 80 percent of the fees earned, or costs and
697	related expenses incurred, to date, or an amount proportionate
698	to the maximum fees permitted under this section based on legal
699	services provided to date, whichever is less. The court may
700	grant the motion if counsel shows that failure to grant the
701	motion would work a particular hardship upon counsel.
702	(3)  The compensation for representation in a criminal
703	proceeding shall not exceed the following:
704	(a)1.  For misdemeanors and juveniles represented at the
705	trial level: $1,000.
706	2.  For noncapital, nonlife felonies represented at the
707	trial level: $2,500.
708	3.  For life felonies represented at the trial level:
709	$3,000.
710	4.  For capital cases represented at the trial level:
711	$3,500.
712	5.  For representation on appeal: $2,000.
713	(b)  If a death sentence is imposed and affirmed on appeal
714	to the Supreme Court, the appointed attorney shall be allowed
715	compensation, not to exceed $1,000, for attorney's fees and
716	costs incurred in representing the defendant as to an
717	application for executive clemency, with compensation to be paid
718	out of general revenue from funds budgeted to the Department of
719	Corrections.
720	(4)  By January 1 of each year, the Article V Indigent
721	Services Advisory Board shall recommend to the Legislature any
722	adjustments to the compensation provisions of this section.
723	(4)(5)(a)  If counsel is entitled to receive compensation
724	for representation pursuant to court appointment in a
725	termination of parental rights proceeding under chapter 39, such
726	compensation shall not exceed $1,000 at the trial level and
727	$2,500 at the appellate level.
728	(5)(b)  Counsel entitled to receive compensation for
729	representation pursuant to court appointment in a proceeding
730	under chapter 384 or chapter 392 shall receive reasonable
731	compensation as fixed by the public defender court making the
732	appointment.
733	(6)  A private attorney appointed in lieu of the public
734	defender to represent an indigent defendant may not reassign or
735	subcontract the case to another attorney or allow another
736	attorney to appear at a critical stage of a case except as
737	authorized by the public defender who is not on the registry
738	developed under s. 27.40.
739	(7)  The public defender may authorize Private court-
740	appointed counsel representing a parent in a dependency case
741	that is open may submit a request for payment in to the Justice
742	Administrative Commission at the following intervals in complex
743	or lengthy cases.:
744	(a)  Upon entry of an order of disposition as to the parent
745	being represented.
746	(b)  Upon conclusion of a 12-month permanency review.
747	(c)  Following a judicial review hearing.
748
749	In no case, however, may counsel submit requests under this
750	subsection more than once per quarter, unless the court finds
751	extraordinary circumstances justifying more frequent submission
752	of payment requests.
753	(8)  The General Appropriations Act may amend the general
754	limits per case provided for in this section. Private court-
755	appointed counsel representing an individual in an appeal to a
756	district court of appeal or the Supreme Court may submit a
757	request for payment to the Justice Administrative Commission at
758	the following intervals:
759	(a)  Upon the filing of an appellate brief, including, but
760	not limited to, a reply brief.
761	(b)  When the opinion of the appellate court is finalized.
762	(9)  A public defender may, in extraordinary circumstances,
763	approve a fee in excess of the general limits per case provided
764	for in this section. Extraordinary circumstances will not,
765	however, authorize the public defender to expend moneys in
766	excess of the total appropriation for indigent services provided
767	in the General Appropriations Act. The public defenders of the
768	state shall jointly establish criteria for determining what are
769	extraordinary circumstances under this subsection. No court
770	shall have jurisdiction to determine what are extraordinary
771	circumstances under this subsection, nor shall any court order
772	that a public defender find that such extraordinary
773	circumstances exist. The question of whether a case or cases
774	present extraordinary circumstances under this subsection is one
775	of discretion within the limited budgetary authority of a public
776	defender. Private court-appointed counsel may not bill for
777	preparation of invoices whether or not the case is paid on the
778	basis of an hourly rate or by flat fee.
779	(10)  A public defender that achieves cost savings in the
780	provision of appointed counsel services may request that up to
781	50 percent of the amount of savings that would otherwise revert
782	be used instead for priorities identified by the public
783	defender. Such requests are subject to review and approval of
784	the Legislative Budget Commission. The Justice Administrative
785	Commission shall develop a schedule to provide partial payment
786	of criminal attorney fees for cases that are not resolved within
787	6 months. The schedule must provide that the aggregate payments
788	shall not exceed limits established by law. Any partial payment
789	made pursuant to this subsection shall not exceed the actual
790	value of services provided to date. Any partial payment shall be
791	proportionate to the value of services provided based on payment
792	rates included in the contract, not to exceed any limit provided
793	by law.
794	Section 10.  Section 27.561, Florida Statutes, is amended
795	to read:
796	27.561  Effect of nonpayment.--
797	(1)  Whenever a recipient defendant-recipient or parent of
798	a recipient is ordered to pay attorney's fees or costs, default
799	in the payment thereof shall be cause for finding the recipient
800	defendant-recipient or parent of a recipient in contempt of
801	court, and the court may issue a show cause citation or a
802	warrant of arrest for the defendant-recipient's or parent's
803	appearance.
804	(2)  Unless the recipient defendant-recipient or parent of
805	a recipient shows that default was not attributable to an
806	intentional refusal to obey the order of the court or to a
807	failure on his or her part to make a good faith effort to make
808	the payment, the court may find that the default constitutes
809	contempt and order him or her committed until the attorney's
810	fees or costs, or a specified part thereof, are paid or may take
811	any other action appropriate under the circumstances, including
812	revocation of probation.
813	(3)  If it appears to the satisfaction of the court that
814	the default in the payment of the attorney's fees or costs is
815	not contempt, the court may enter an order allowing the
816	recipient defendant-recipient or parent of a recipient
817	additional time for, or reducing the amount of, payment or
818	revoking the assessed attorney's fees or costs, or the unpaid
819	portion thereof, in whole or in part.
820	Section 11.  Section 27.562, Florida Statutes, is amended
821	to read:
822	27.562  Disposition of funds.--The first $40 of all funds
823	collected pursuant to s. 938.29 shall be deposited into the
824	Indigent Services Criminal Defense Trust Fund pursuant to s.
825	27.525. The remaining funds collected pursuant to s. 938.29
826	shall be distributed as follows:
827	(1)  Twenty-five percent shall be remitted to the
828	Department of Revenue for deposit into the Justice
829	Administrative Commission's Indigent Services Criminal Defense
830	Trust Fund.
831	(2)  Seventy-five percent shall be remitted to the
832	Department of Revenue for deposit into the General Revenue Fund.
833
834	The Justice Administrative Commission shall account for funds
835	deposited into the Indigent Services Criminal Defense Trust Fund
836	by circuit. Appropriations from the fund shall be proportional
837	to each circuit's collections. All judgments entered pursuant to
838	this part shall be in the name of the state.
839	Section 12.  Section 27.58, Florida Statutes, is amended to
840	read:
841	27.58  Administration of public defender services.--The
842	public defender of each judicial circuit of the state shall be
843	the chief administrator of all public defender services
844	authorized under s. 27.51 within the circuit. The public
845	defender of each judicial circuit shall also be the chief
846	administrator of all indigent representation services within the
847	circuit.
848	Section 13.  Section 27.59, Florida Statutes, is amended to
849	read:
850	27.59  Access to prisoners.--The public defender, defenders
851	and assistant public defenders, and attorneys appointed to
852	provide indigent services by a public defender pursuant to this
853	part shall be empowered to inquire of all persons who are
854	incarcerated in lieu of bond or detained and to tender them
855	advice and counsel at any time., but The provisions of this
856	section shall not apply with respect to persons who have engaged
857	private counsel.
858	Section 14.  Section 29.007, Florida Statutes, is amended
859	to read:
860	29.007  Court-appointed counsel.--For purposes of
861	implementing s. 14, Art. V of the State Constitution, the
862	elements of court-appointed counsel to be provided from state
863	revenues appropriated by general law are as follows:
864	(1)  Private attorneys appointed by the public defender
865	court to handle cases where the defendant is indigent and cannot
866	be represented by the public defender under s. ss. 27.42 and
867	27.53.
868	(2)  Private attorneys appointed by the public defender
869	court to represent indigents or other classes of litigants in
870	civil proceedings requiring appointed court-appointed counsel in
871	accordance with state and federal constitutional guarantees and
872	federal and state statutes.
873	(3)  Reasonable court reporting and transcription services
874	necessary to meet constitutional or statutory requirements,
875	including the cost of transcribing and copying depositions of
876	witnesses and the cost of foreign language and sign-language
877	interpreters and translators.
878	(4)  Witnesses, including expert witnesses, summoned to
879	appear for an investigation, preliminary hearing, or trial in a
880	case when the witnesses are summoned on behalf of an indigent,
881	and any other expert witnesses approved by the court.
882	(5)  Mental health professionals appointed pursuant to s.
883	394.473 and required in a court hearing involving an indigent,
884	mental health professionals appointed pursuant to s. 916.115(2)
885	and required in a court hearing involving an indigent, and any
886	other mental health professionals required by law for the full
887	adjudication of any civil case involving an indigent person.
888	(6)  Reasonable pretrial consultation fees and costs.
889	(7)  Travel expenses reimbursable under s. 112.061
890	reasonably necessary in the performance of constitutional and
891	statutory responsibilities.
892
893	Subsections (3), (4), (5), (6), and (7) apply when court-
894	appointed counsel is appointed; when the court determines that
895	the litigant is indigent for costs; or when the litigant is
896	acting pro se and the court determines that the litigant is
897	indigent for costs at the trial or appellate level. This section
898	applies in any situation in which the court appoints counsel to
899	protect a litigant's due process rights. The Justice
900	Administrative Commission shall approve uniform contract forms
901	for use in processing payments for due process services under
902	this section. In each case in which a private attorney
903	represents a person determined by the court to be indigent for
904	costs, the attorney shall execute the commission's contract for
905	private attorneys representing persons determined to be indigent
906	for costs.
907	Section 15.  Section 29.015, Florida Statutes, is amended
908	to read:
909	29.015  Contingency fund; limitation of authority to
910	transfer funds in contracted due process services appropriation
911	categories.--
912	(1)(a)  An appropriation may be provided in the General
913	Appropriations Act in the state courts system Justice
914	Administrative Commission to be used solely serve as a
915	contingency fund for the purpose of alleviating deficits in
916	contracted due process services appropriation categories,
917	including private appointed court-appointed counsel
918	appropriation categories when the trial court determines, that
919	may occur from time to time due to extraordinary events or
920	circumstances of a case have led that lead to unexpected
921	expenditures and that the public defender does not have the
922	ability to accommodate the unexpected expenditure from within
923	his or her operating budget.
924	(b)  A peer review committee of at least three judges or
925	their designees, each from a different circuit, appointed by the
926	chief judge of the circuit in which the case was tried, must
927	review and approve each expenditure from the contingency fund
928	established under paragraph (a). The judge who presided over the
929	trial and the chief judge of the affected circuit may not be on
930	the peer review committee. The public defender of the circuit in
931	which the case was tried must provide to the peer review
932	committee all documentation provided to the trial court that
933	made the determination pursuant to paragraph (a) and any other
934	information requested by the peer review committee.
935	(2)  In the event that a state attorney or public defender
936	incurs a deficit in a contracted due process services
937	appropriation category, the following steps shall be taken in
938	order:
939	(a)  The state attorney or public defender shall first
940	attempt to identify surplus funds from other appropriation
941	categories within his or her office and submit a budget
942	amendment pursuant to chapter 216 to transfer funds from within
943	the office.
944	(b)  In the event that the state attorney or public
945	defender is unable to identify surplus funds from within his or
946	her office, he or she shall certify this to the Justice
947	Administrative Commission along with a complete explanation of
948	the circumstances which led to the deficit and steps the office
949	has taken to reduce or alleviate the deficit. The Justice
950	Administrative Commission shall inquire as to whether any other
951	office has surplus funds in its contracted due process services
952	appropriation categories which can be transferred to the office
953	that is experiencing the deficit. If other offices indicate that
954	surplus funds are available within the same appropriation
955	category, the Justice Administrative Commission shall transfer
956	the amount needed to fund the deficit and notify the Governor
957	and the chair and vice chair of the Legislative Budget
958	Commission 14 days prior to a transfer pursuant to the notice,
959	review, and objection provisions of s. 216.177. If funds
960	appropriated for this purpose are available in a different
961	budget entity, the Justice Administrative Commission shall
962	request a budget amendment pursuant to chapter 216.
963	(c)  If no office indicates that surplus funds are
964	available to alleviate the deficit, the Justice Administrative
965	Commission may request a budget amendment to transfer funds from
966	the contingency fund. Such transfers shall be in accordance with
967	all applicable provisions of chapter 216 and shall be subject to
968	review and approval by the Legislative Budget Commission. The
969	Justice Administrative Commission shall submit the documentation
970	provided by the office explaining the circumstances that led to
971	the deficit and the steps taken by the office and the Justice
972	Administrative Commission to identify surplus funds to the
973	Legislative Budget Commission.
974	(3)  In the event that there is a deficit in a statewide
975	contracted due process services appropriation category provided
976	for private court-appointed counsel necessary due to withdrawal
977	of the public defender due to an ethical conflict, the following
978	steps shall be taken in order:
979	(a)  The Justice Administrative Commission shall first
980	attempt to identify surplus funds from other contracted due
981	process services appropriation categories within the Justice
982	Administrative Commission and submit a budget amendment pursuant
983	to chapter 216 to transfer funds from within the commission.
984	(b)  In the event that the Justice Administrative
985	Commission is unable to identify surplus funds from within the
986	commission, the commission shall inquire of each of the public
987	defenders as to whether any office has surplus funds in its
988	contracted due process services appropriations categories which
989	can be transferred. If any public defender office or offices
990	indicate that surplus funds are available, the Justice
991	Administrative Commission shall request a budget amendment to
992	transfer funds from the office or offices to alleviate the
993	deficit upon agreement of the contributing office or offices.
994	(c)  If no public defender office has surplus funds
995	available to alleviate the deficit, the Justice Administrative
996	Commission may request a budget amendment to transfer funds from
997	the contingency fund. Such transfers shall be in accordance with
998	all applicable provisions of chapter 216 and shall be subject to
999	review and approval by the Legislative Budget Commission. The
1000	Justice Administrative Commission shall submit the documentation
1001	provided by the office explaining the circumstances that led to
1002	the deficit and the steps taken by the Justice Administrative
1003	Commission to identify surplus funds to the Legislative Budget
1004	Commission.
1005	(4)  In the event that there is a deficit in a statewide
1006	appropriation category provided for private court-appointed
1007	counsel other than for conflict counsel as described in
1008	subsection (3), the following steps shall be taken in order:
1009	(a)  The Justice Administrative Commission shall first
1010	attempt to identify surplus funds from other contracted due
1011	process services appropriation categories within the Justice
1012	Administrative Commission and submit a budget amendment pursuant
1013	to chapter 216 to transfer funds from within the commission.
1014	(b)  In the event that the Justice Administrative
1015	Commission is unable to identify surplus funds from within the
1016	commission, the commission may submit a budget amendment to
1017	transfer funds from the contingency fund. Such transfers shall
1018	be in accordance with all applicable provisions of chapter 216
1019	and shall be subject to review and approval by the Legislative
1020	Budget Commission. The Justice Administrative Commission shall
1021	submit documentation explaining the circumstances that led to
1022	the deficit and the steps taken to identify surplus funds to the
1023	Legislative Budget Commission.
1024	(3)(5)  Notwithstanding any provisions in chapter 216 to
1025	the contrary, no office shall transfer funds from a contracted
1026	due process services appropriation category or from a
1027	contingency fund category authorized in this section except as
1028	specifically authorized in this section. In addition, funds
1029	shall not be transferred from a state attorney office to
1030	alleviate a deficit in a public defender office and funds shall
1031	not be transferred from a public defender office to alleviate a
1032	deficit in a state attorney office.
1033	Section 16.  Section 29.018, Florida Statutes, is amended
1034	to read:
1035	29.018  Cost sharing of due-process services; legislative
1036	intent.--It is the intent of the Legislature to provide state-
1037	state-funded due-process services to the state courts system,
1038	state attorneys, public defenders, and appointed court-appointed
1039	counsel in the most cost-effective and efficient manner. The
1040	state courts system, state attorneys, and public defenders, and
1041	the Justice Administrative Commission on behalf of court-
1042	appointed counsel may enter into contractual agreements to
1043	share, on a pro rata basis, the costs associated with court
1044	reporting services, court interpreter and translation services,
1045	court experts, and all other due-process services funded by the
1046	state pursuant to this chapter. These costs shall be budgeted
1047	within the funds appropriated to each of the affected users of
1048	services.
1049	Section 17.  Section 29.0185, Florida Statutes, is amended
1050	to read:
1051	29.0185  Provision of state-funded due process services to
1052	individuals; limitations on certain payments.--Due process
1053	services may not be provided with state revenues to an
1054	individual unless the individual on whose behalf the due process
1055	services are being provided is eligible for appointed court-
1056	appointed counsel under s. 27.40, based upon a determination of
1057	indigency under s. 27.52. The Justice Administrative Commission
1058	shall only make payment for appointed counsel and other due
1059	process services authorized by a state attorney or public
1060	defender. The state courts system shall be responsible for the
1061	portion of any payment ordered that is not authorized by a
1062	public defender or state attorney, is in excess of payment rates
1063	established by the contract, is in excess of limits provided for
1064	by law, or is not specifically authorized by law, regardless of
1065	whether such counsel is appointed or the individual on whose
1066	behalf the due process services are being provided is eligible
1067	for court-appointed counsel under s. 27.40 and has been
1068	determined indigent for costs pursuant to s. 27.52.
1069	Section 18.  Subsection (1) of section 39.815, Florida
1070	Statutes, is amended to read:
1071	39.815  Appeal.--
1072	(1)  Any child, any parent or guardian ad litem of any
1073	child, any other party to the proceeding who is affected by an
1074	order of the court, or the department may appeal to the
1075	appropriate district court of appeal within the time and in the
1076	manner prescribed by the Florida Rules of Appellate Procedure.
1077	The district court of appeal shall give an appeal from an order
1078	terminating parental rights priority in docketing and shall
1079	render a decision on the appeal as expeditiously as possible.
1080	Appointed counsel shall be compensated as provided in s.
1081	27.5304(4)(5).
1082	Section 19.  Subsection (2) of section 125.69, Florida
1083	Statutes, is amended to read:
1084	125.69  Penalties; enforcement by code inspectors.--
1085	(2)  Each county is authorized and required to pay any
1086	attorney appointed by the court to represent a defendant charged
1087	with a criminal violation of a special law or county ordinance
1088	not ancillary to a state charge if the defendant is indigent and
1089	otherwise entitled to court-appointed counsel under the
1090	Constitution of the United States or the Constitution of the
1091	State of Florida. In these cases, the public defender court
1092	shall appoint counsel to represent the defendant in accordance
1093	with s. 27.40, and shall order the county shall to pay the
1094	reasonable attorney's fees, costs, and related expenses of the
1095	defense. The county may contract with the public defender of the
1096	judicial circuit in which the county is located to serve as
1097	appointed court-appointed counsel pursuant to s. 27.54.
1098	Section 20.  Paragraph (w) of subsection (4) of section
1099	215.20, Florida Statutes, is amended to read:
1100	215.20  Certain income and certain trust funds to
1101	contribute to the General Revenue Fund.--
1102	(4)  The income of a revenue nature deposited in the
1103	following described trust funds, by whatever name designated, is
1104	that from which the appropriations authorized by subsection (3)
1105	shall be made:
1106	(w)  Within the Justice Administrative Commission, the
1107	Indigent Services Criminal Defense Trust Fund.
1108
1109	The enumeration of the foregoing moneys or trust funds shall not
1110	prohibit the applicability thereto of s. 215.24 should the
1111	Governor determine that for the reasons mentioned in s. 215.24
1112	the money or trust funds should be exempt herefrom, as it is the
1113	purpose of this law to exempt income from its force and effect
1114	when, by the operation of this law, federal matching funds or
1115	contributions or private grants to any trust fund would be lost
1116	to the state.
1117	Section 21.  Subsection (2) of section 744.331, Florida
1118	Statutes, is amended to read:
1119	744.331  Procedures to determine incapacity.--
1120	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
1121	(a)  When a court appoints an attorney for an alleged
1122	incapacitated person, the court must appoint an attorney who is
1123	included in the attorney registry compiled pursuant to ss. 27.40
1124	and 27.42 by the circuit's Article V indigent services
1125	committee. Appointments must be made on a rotating basis, taking
1126	into consideration conflicts arising under this chapter.
1127	(a)(b)  The court shall appoint an attorney for each person
1128	alleged to be incapacitated in all cases involving a petition
1129	for adjudication of incapacity. The alleged incapacitated person
1130	may substitute her or his own attorney for the attorney
1131	appointed by the court. Only if the alleged incapacitated person
1132	is found to be indigent pursuant to s. 27.52 may the public
1133	defender be appointed to represent the person or arrange for
1134	representation of the person; otherwise, any attorney appointed
1135	on behalf of the person must be paid from the assets of the
1136	alleged incapacitated person.
1137	(b)(c)  Any attorney representing an alleged incapacitated
1138	person may not serve as guardian of the alleged incapacitated
1139	person or as counsel for the guardian of the alleged
1140	incapacitated person or the petitioner.
1141	(c)(d)  Effective January 1, 2007, An attorney seeking to
1142	be appointed by a court for incapacity and guardianship
1143	proceedings must have completed a minimum of 8 hours of
1144	education in guardianship. A court may waive the initial
1145	training requirement for an attorney who has served as a court-
1146	appointed attorney in incapacity proceedings or as an attorney
1147	of record for guardians for not less than 3 years.
1148	Section 22.  Section 914.11, Florida Statutes, is repealed.
1149	Section 23.  Subsections (1) and (2) of section 938.29,
1150	Florida Statutes, are amended to read:
1151	938.29  Legal assistance; lien for payment of attorney's
1152	fees or costs.--
1153	(1)(a)  A defendant determined to be guilty of a criminal
1154	act by a court or jury or through a plea of guilty or nolo
1155	contendere and who has received the assistance of the public
1156	defender's office, whether such assistance was provided by an
1157	attorney of the public defender or through a private attorney
1158	appointed by the public defender, a special assistant public
1159	defender, or a conflict attorney shall be liable for payment of
1160	attorney's fees and costs. The court shall determine the amount
1161	of the obligation. Such costs shall include, but not be limited
1162	to, the cost of depositions; cost of transcripts of depositions,
1163	including the cost of defendant's copy, which transcripts are
1164	certified by the defendant's attorney as having served a useful
1165	purpose in the disposition of the case; investigative costs;
1166	witness fees; the cost of psychiatric examinations; or other
1167	reasonable costs specially incurred by the state and the clerk
1168	of court for the defense of the defendant in criminal
1169	prosecutions. Costs shall not include expenses inherent in
1170	providing a constitutionally guaranteed jury trial or
1171	expenditures in connection with the maintenance and operation of
1172	government agencies that must be made by the public irrespective
1173	of specific violations of law. Any costs assessed pursuant to
1174	this paragraph shall be reduced by any amount assessed against a
1175	defendant pursuant to s. 938.05.
1176	(b)  Upon entering a judgment of conviction, the defendant
1177	shall be liable to pay the costs in full after the judgment of
1178	conviction becomes final.
1179	(c)  The defendant shall pay the application fee under s.
1180	27.52(1)(b) and attorney's fees and costs in full or in
1181	installments, at the time or times specified. The court may
1182	order payment of the assessed application fee and attorney's
1183	fees and costs as a condition of probation, of suspension of
1184	sentence, or of withholding the imposition of sentence. The
1185	first $40 from attorney's fees and costs collected under this
1186	section shall be transferred monthly by the clerk to the
1187	Department of Revenue for deposit into the Indigent Services
1188	Trust Fund. All remaining attorney's fees and costs collected
1189	under this section shall be deposited into the General Revenue
1190	Fund.
1191	(2)(a)  There is created in the name of the state a lien,
1192	enforceable as hereinafter provided, upon all the property, both
1193	real and personal, of any person who:
1194	1.  Has received any assistance from any public defender of
1195	the state, from any special assistant public defender, or from
1196	any appointed conflict attorney; or
1197	2.  Is a parent of an accused minor or an accused adult
1198	tax-dependent person who is being, or has been, represented by
1199	any public defender of the state, by any special assistant
1200	public defender, or by an appointed a conflict attorney.
1201
1202	Such lien constitutes a claim against the defendant-recipient or
1203	parent and his or her estate, enforceable according to law.
1204	(b)  A judgment showing the name and residence of the
1205	defendant-recipient or parent shall be recorded in the public
1206	record, without cost, by the clerk of the circuit court in the
1207	county where the defendant-recipient or parent resides and in
1208	each county in which such defendant-recipient or parent then
1209	owns or later acquires any property. Such judgments shall be
1210	enforced on behalf of the state by the clerk of the circuit
1211	court of the county in which assistance was rendered.
1212	Section 24.  (1)  As to any contract for legal services
1213	pursuant to the provisions of part III of chapter 27, Florida
1214	Statutes, which contract was in existence on or before June 30,
1215	2007, the following shall apply:
1216	(a)  Attorneys appointed under such contracts shall
1217	complete the representation of clients assigned to them as of
1218	June 30, 2007, through completion of the case; however, no such
1219	appointment shall extend beyond June 30, 2008. As of July 1,
1220	2008, representation of any person pursuant to part III of
1221	chapter 27, Florida Statutes, shall only be through a contract
1222	with the appropriate public defender.
1223	(b)  The Justice Administrative Commission shall pay fees
1224	earned by attorneys under contracts for appointments that
1225	commenced prior to June 30, 2007, subject to a specific
1226	appropriation in the fiscal year 2007-2008 General
1227	Appropriations Act for payment of such representation.
1228	(c)  All provisions of part III of chapter 27, Florida
1229	Statutes, as they exist on June 30, 2007, shall control such
1230	contracts, notwithstanding the amendment or repeal of any
1231	applicable provision by this act.
1232	(d)  The public defender shall not be liable for fees and
1233	costs for any attorney appointed prior to July 1, 2007.
1234	(2)  If funds appropriated to the Justice Administrative
1235	Commission for payment of cases pursuant to subsection (1) are
1236	exhausted, any remaining required payments shall be made from
1237	funds appropriated to the public defender of the circuit in
1238	which the case was appointed except for the portion of payment
1239	in excess of payment rates established by the contract, in
1240	excess of limits provided for by law, or for goods or services
1241	not specifically authorized by law which shall be paid from
1242	funds appropriated to the state courts system. The state courts
1243	system and the public defender may reduce nonessential travel,
1244	other nonessential expenses and nonessential personnel costs in
1245	order to eliminate a deficit that would otherwise result from
1246	payments required by this subsection.
1247	Section 25.  This act shall take effect July 1, 2007.

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