| 1 | A bill to be entitled |
| 2 | An act relating to classification and pay plans for public |
| 3 | defenders; amending s. 27.53, F.S.; requiring that |
| 4 | coordinated classification and pay plans for public |
| 5 | defenders in each judicial circuit be developed in |
| 6 | accordance with s. 216.181, F.S., notwithstanding that |
| 7 | lump-sum salary bonuses, or other similar provisions of |
| 8 | law or rule relating to government officials, may be |
| 9 | provided only if specifically appropriated or provided for |
| 10 | by law; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (1) of section 27.53, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 27.53 Appointment of assistants and other staff; method of |
| 17 | payment.-- |
| 18 | (1) The public defender of each judicial circuit is |
| 19 | authorized to employ and establish, in such numbers as |
| 20 | authorized by the General Appropriations Act, assistant public |
| 21 | defenders and other staff and personnel pursuant to s. 29.006, |
| 22 | who shall be paid from funds appropriated for that purpose. |
| 23 | Notwithstanding the provisions of s. 790.01, s. 790.02, or s. |
| 24 | 790.25(2)(a), an investigator employed by a public defender, |
| 25 | while actually carrying out official duties, is authorized to |
| 26 | carry concealed weapons if the investigator complies with s. |
| 27 | 790.25(3)(o). However, such investigators are not eligible for |
| 28 | membership in the Special Risk Class of the Florida Retirement |
| 29 | System. The public defenders of all judicial circuits shall |
| 30 | jointly develop a coordinated classification and pay plan which |
| 31 | shall be submitted on or before January 1 of each year to the |
| 32 | Justice Administrative Commission, the office of the President |
| 33 | of the Senate, and the office of the Speaker of the House of |
| 34 | Representatives. Notwithstanding s. 216.181(10)(b) or any other |
| 35 | similar provision of law or rule governing the judicial, |
| 36 | executive, or legislative branches, such plan shall be developed |
| 37 | in accordance with policies and procedures of the Executive |
| 38 | Office of the Governor established in s. 216.181. Each assistant |
| 39 | public defender appointed by a public defender under this |
| 40 | section shall serve at the pleasure of the public defender. Each |
| 41 | investigator employed by a public defender shall have full |
| 42 | authority to serve any witness subpoena or court order issued, |
| 43 | by any court or judge within the judicial circuit served by such |
| 44 | public defender, in a criminal case in which such public |
| 45 | defender has been appointed to represent the accused. |
| 46 | Section 2. This act shall take effect July 1, 2008. |