Florida Senate - 2009                                    SB 1224
       
       
       
       By Senator Crist
       
       
       
       
       12-01174B-09                                          20091224__
    1                        A bill to be entitled                      
    2         An act relating to capital collateral representation;
    3         amending s. 27.7001, F.S.; providing a legislative
    4         finding that not all capital cases are extraordinary
    5         or unusual; amending s. 27.701, F.S.; extending the
    6         term of years regional counsel are appointed to serve;
    7         providing a deadline for the appointment of counsel;
    8         deleting the 2-year prohibition against former
    9         regional counsel running for state office or accepting
   10         another state appointment; requiring that regional
   11         counsel be appointed by and serve at the pleasure of
   12         the Commission on Capital Cases; removing provisions
   13         establishing a pilot program in the northern region of
   14         the state; amending s. 27.702, F.S.; clarifying the
   15         administrative roles and functions of the Justice
   16         Administrative Commission, the Commission on Capital
   17         Cases, and the Capital Collateral Regional Counsel;
   18         amending s. 27.709, F.S.; increasing and revising the
   19         membership of the Commission on Capital Cases;
   20         relocating the commission from the Office of
   21         Legislative Services to the Justice Administrative
   22         Commission for purposes of administration; authorizing
   23         the commission to sponsor programs of continuing legal
   24         education on capital cases; authorizing the commission
   25         to issue subpoenas and hold hearings it considers
   26         appropriate for the administration of justice in
   27         capital cases; authorizing the commission to terminate
   28         the appointment of a capital collateral regional
   29         counsel before the end of the counsel's term; amending
   30         s. 27.710, F.S.; changing the terms of the capital
   31         collateral regional counsel; eliminating the
   32         restriction for running for or appointment to a state
   33         office; revising the criteria required for an attorney
   34         to be eligible to be placed on the registry of
   35         attorneys qualified to represent defendants in
   36         postconviction capital collateral proceedings;
   37         providing certain limited exceptions; requiring
   38         attorneys to sign a contract with the Chief Financial
   39         Officer in order to receive funds from the state;
   40         requiring each private attorney appointed by a court
   41         to represent a capital defendant to submit a report
   42         each quarter to the commission; providing for removal
   43         from and reinstatement to the registry of attorneys;
   44         amending s. 27.711, F.S.; providing terms and
   45         conditions for appointment of counsel in
   46         postconviction capital collateral proceedings;
   47         providing for pro bono attorneys to receive
   48         reimbursement for certain specified expenses; limiting
   49         representation by a court-appointed attorney to seven
   50         defendants; prohibiting an attorney from entering into
   51         an employment contract with the offices of the Capital
   52         Collateral Regional Counsel if he or she represents
   53         seven or more defendants in capital collateral
   54         litigation; requiring a trial court judge who proposes
   55         to award attorney's fees in excess of those set forth
   56         in law to make written findings of fact that state the
   57         extraordinary nature of the expenditures of time,
   58         energy, and talents of the attorney in the case which
   59         are not ordinarily expended in other capital
   60         collateral cases and how the case is unusual;
   61         reenacting s. 27.7002, F.S., relating to the
   62         limitation of cases on collateral representation, to
   63         incorporate the amendments made to ss. 27.710 and
   64         27.711, F.S., in references thereto; providing an
   65         effective date.
   66         
   67  Be It Enacted by the Legislature of the State of Florida:
   68         
   69         Section 1. Section 27.7001, Florida Statutes, is amended to
   70  read:
   71         27.7001 Legislative intent and findings.—It is the intent
   72  of the Legislature to create part IV of this chapter, consisting
   73  of ss. 27.7001-27.711, inclusive, to provide for the collateral
   74  representation of any person convicted and sentenced to death in
   75  this state, so that collateral legal proceedings to challenge
   76  any Florida capital conviction and sentence may be commenced in
   77  a timely manner and so as to assure the people of this state
   78  that the judgments of its courts may be regarded with the
   79  finality to which they are entitled in the interests of justice.
   80  It is the further intent of the Legislature that collateral
   81  representation shall not include representation during retrials,
   82  resentencings, proceedings commenced under chapter 940, or civil
   83  litigation. The Legislature further finds that not all capital
   84  collateral cases are extraordinary or unusual.
   85         Section 2. Subsection (1) of section 27.701, Florida
   86  Statutes, is amended to read:
   87         27.701 Capital collateral regional counsel.—
   88         (1) There are created three regional offices of capital
   89  collateral counsel, which shall be located in a northern,
   90  middle, and southern region of the state. The northern region
   91  shall consist of the First, Second, Third, Fourth, Eighth, and
   92  Fourteenth Judicial Circuits; the middle region shall consist of
   93  the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth,
   94  and Eighteenth Judicial Circuits; and the southern region shall
   95  consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth,
   96  Nineteenth, and Twentieth Judicial Circuits. Each regional
   97  office shall be administered by a regional counsel. A regional
   98  counsel must be, and must have been for the preceding 5 years, a
   99  member in good standing of The Florida Bar or a similar
  100  organization in another state. Each capital collateral regional
  101  counsel shall be appointed by the Governor, and is subject to
  102  confirmation by the Senate. The Supreme Court Judicial
  103  Nominating Commission shall recommend to the Governor three
  104  qualified candidates for each appointment as regional counsel.
  105  The Governor shall appoint a regional counsel for each region
  106  from among the recommendations, or, if it is in the best
  107  interest of the fair administration of justice in capital cases,
  108  the Governor may reject the nominations and request submission
  109  of three new nominees by the Supreme Court Judicial Nominating
  110  Commission. Each capital collateral regional counsel shall be
  111  appointed to a term of 4 3 years. Vacancies in the office of
  112  capital collateral regional counsel shall be filled in the same
  113  manner as appointments. The appointment process shall be
  114  completed within 120 days, notwithstanding confirmation. Each
  115  capital collateral counsel shall report to and serve at the
  116  pleasure of the Governor. A person appointed as a regional
  117  counsel may not run for or accept appointment to any state
  118  office for 2 years following vacation of office.
  119         Section 3. Subsections (2) and (4) of section 27.702,
  120  Florida Statutes, is amended to read:
  121         27.702 Duties of the capital collateral regional counsel;
  122  reports.—
  123         (2) The capital collateral regional counsel shall represent
  124  persons convicted and sentenced to death within the region in
  125  collateral postconviction proceedings, unless a court appoints
  126  or permits other counsel to appear as counsel of record pursuant
  127  to ss. 27.710 and 27.711.
  128         (4)(a) The capital collateral regional counsel or private
  129  counsel shall give written notification of each pleading filed
  130  by that office and the name of the person filing the pleading to
  131  the Commission on Capital Cases and to the trial court assigned
  132  to the case.
  133         (b) Each capital collateral regional counsel and each
  134  attorney participating in the pilot program in the northern
  135  region pursuant to s. 27.701(2) shall provide a quarterly report
  136  to the President of the Senate, the Speaker of the House of
  137  Representatives, and the Commission on Capital Cases which
  138  details the number of hours worked by investigators and legal
  139  counsel per case and the amounts per case expended during the
  140  preceding quarter in investigating and litigating capital
  141  collateral cases.
  142         Section 4. Subsection (2) of section 27.709, Florida
  143  Statutes, is amended to read:
  144         27.709 Commission on Capital Cases.—
  145         (2)(a) The commission shall review the administration of
  146  justice in capital collateral cases, receive relevant public
  147  input, review the operation of the capital collateral regional
  148  counsel and private counsel appointed pursuant to ss. 27.710 and
  149  27.711, and advise and make recommendations to the Governor,
  150  Legislature, and Supreme Court.
  151         (b) As part of its duties, the commission shall compile and
  152  analyze case-tracking reports produced by the Supreme Court. In
  153  analyzing these reports, the commission shall develop statistics
  154  to identify trends and changes in case management and case
  155  processing, identify and evaluate unproductive points of delay,
  156  and generally evaluate the way cases are progressing. The
  157  commission shall report these findings to the Legislature by
  158  January 1 of each year.
  159         (c) In addition, The commission shall receive complaints
  160  regarding the practice of any office of regional counsel and
  161  private counsel appointed pursuant to ss. 27.710 and 27.711 and
  162  may investigate and shall refer any complaint to The Florida
  163  Bar, the State Supreme Court, the Department of Law Enforcement,
  164  the Chief Inspector General, or the Commission on Ethics, as
  165  appropriate.
  166         (d)The commission may sponsor programs of continuing legal
  167  education which are devoted specifically to capital cases and
  168  shall undertake any project recommended or approved by the
  169  commission members.
  170         (e)The commission may request each state attorney, circuit
  171  court judge, and the Office of the Attorney General to submit
  172  pertinent reports to the commission for its review.
  173         (f)The commission may exercise subpoena powers and may
  174  receive sworn testimony it deems necessary for the
  175  administration of justice in capital cases.
  176         (g)The commission shall appoint the capital collateral
  177  regional counsel by a majority vote, and may terminate the
  178  employment of regional counsel by a super majority vote, at any
  179  time prior to the expiration of the appointment.
  180         Section 5. Section 27.710, Florida Statutes, is amended to
  181  read:
  182         27.710 Registry of attorneys applying to represent persons
  183  in postconviction capital collateral proceedings; certification
  184  of minimum requirements; appointment by trial court.—
  185         (1) The executive director of the Commission on Capital
  186  Cases shall compile and maintain a statewide registry of
  187  attorneys in private practice who have certified that they meet
  188  the minimum requirements of this section and s. 27.704(2), who
  189  are available for appointment by the court under this section to
  190  represent persons convicted and sentenced to death in this state
  191  in postconviction collateral proceedings, and who have attended
  192  within the last year a continuing legal education program of at
  193  least 10 hours' duration devoted specifically to the defense of
  194  capital cases, if available. Continuing legal education programs
  195  meeting the requirements of this rule offered by The Florida Bar
  196  or another recognized provider and approved for continuing legal
  197  education credit by The Florida Bar shall satisfy this
  198  requirement. The failure to comply with this requirement may be
  199  cause for removal from the list until the requirement is
  200  fulfilled. To ensure that sufficient attorneys are available for
  201  appointment by the court, when the number of attorneys on the
  202  registry falls below 50, the executive director shall notify the
  203  chief judge of each circuit by letter and request the chief
  204  judge to promptly submit the names of at least three private
  205  attorneys who regularly practice criminal law in that circuit
  206  and who appear to meet the minimum requirements to represent
  207  persons in postconviction capital collateral proceedings. The
  208  executive director shall send an application to each attorney
  209  identified by the chief judge so that the attorney may register
  210  for appointment as counsel in postconviction capital collateral
  211  proceedings. As necessary, the executive director may also
  212  advertise in legal publications and other appropriate media for
  213  qualified attorneys interested in registering for appointment as
  214  counsel in postconviction capital collateral proceedings. Under
  215  limited circumstances, when the number of qualified lawyers on
  216  the registry falls below 50, and upon the application of an
  217  attorney who does not meet the minimum qualifications set forth
  218  in this section, the application may be forwarded by the
  219  executive director to the full commission for its approval of
  220  the applicant being included on the list of available registry
  221  attorneys. By Not later than September 1 of each year, and as
  222  necessary thereafter, the executive director shall provide to
  223  the Chief Justice of the Supreme Court, the chief judge and
  224  state attorney in each judicial circuit, and the Attorney
  225  General a current copy of its registry of attorneys who are
  226  available for appointment as counsel in postconviction capital
  227  collateral proceedings. The registry must be indexed by judicial
  228  circuit and must contain the requisite information submitted by
  229  the applicants in accordance with this section.
  230         (2)(a) To be eligible for court appointment as counsel in
  231  postconviction capital collateral proceedings, an attorney must
  232  certify on an application provided by the executive director
  233  that he or she is a member in good standing of the Florida Bar
  234  and:
  235         1.Is an active practicing attorney who has at least 5
  236  years' experience in the practice of criminal law and has
  237  demonstrated the proficiency necessary to represent defendants
  238  in capital cases, including proficiency in the production and
  239  admission of evidence, including psychiatric and forensic
  240  evidence, the use of expert witnesses, and the investigation and
  241  presentation of mitigation evidence;
  242         2.Has attended and completed a minimum of 12 hours of
  243  continuing legal education programs within the previous 2 years
  244  which were devoted to the defense of capital cases and offered
  245  by the Florida Bar, the Commission on Capital Cases, or another
  246  authorized provider of continuing legal education courses; and
  247         3.a.Has tried at least nine state or federal jury trials
  248  to completion, two of which must have been capital cases, and:
  249         (I)Three of which must have been murder trials;
  250         (II)One of which must have been a murder trial and five of
  251  which must have been other felony trials; or
  252         (III)One of which must have included a postconviction
  253  evidentiary hearing and five of which must have been other
  254  felony trials;
  255         b.Has appealed one capital conviction and appealed:
  256         (I)At least three felony convictions, one of which must
  257  have been a murder conviction;
  258         (II)At least three felony convictions and participated in
  259  one capital postconviction evidentiary hearing; or
  260         (III)At least six felony convictions, two of which must
  261  have been murder convictions; or
  262         c.Has litigated as a first chair attorney at least three
  263  capital collateral evidentiary hearings.
  264         (b)If the trial court finds that exceptional circumstances
  265  exist requiring appointment of an attorney who does not meet the
  266  criteria set forth in paragraph (a), the trial court shall enter
  267  a written order specifying the circumstances and making explicit
  268  findings that the attorney appointed is capable of providing
  269  competent representation in accordance with the intent of this
  270  section.
  271         (c)Failure by an attorney to comply with any criteria set
  272  forth in paragraph (a) may be cause to remove the attorney from
  273  the registry until such criteria are satisfied.
  274         (d)Compliance may be proven by submitting written
  275  certification of compliance to the commission, which may be
  276  submitted by electronic mail satisfies the minimum requirements
  277  for private counsel set forth in s. 27.704(2).
  278         (3) An attorney who applies for registration and court
  279  appointment as counsel in postconviction capital collateral
  280  proceedings must certify that he or she is counsel of record in
  281  not more than four such proceedings and, if appointed to
  282  represent a person in postconviction capital collateral
  283  proceedings, shall continue the such representation under the
  284  terms and conditions set forth in s. 27.711 until the sentence
  285  is reversed, reduced, or carried out or unless permitted to
  286  withdraw from representation by the trial court. The court may
  287  not permit an attorney to withdraw from representation without a
  288  finding of sufficient good cause. The court may impose
  289  appropriate sanctions if it finds that an attorney has shown bad
  290  faith with respect to continuing to represent a defendant in a
  291  postconviction capital collateral proceeding. This section does
  292  not preclude the court from reassigning a case to a capital
  293  collateral regional counsel following discontinuation of
  294  representation if a conflict of interest no longer exists with
  295  respect to the case.
  296         (4)(a) Each private attorney who is appointed by the court
  297  to represent a capital defendant, including court-appointed
  298  attorneys who elect to proceed pro bono, must enter into a
  299  contract with the Chief Financial Officer. If the appointed
  300  attorney fails to execute the contract within 30 days after the
  301  date the contract is mailed to the attorney, the executive
  302  director of the Commission on Capital Cases shall notify the
  303  trial court and remove the attorney from the registry. The Chief
  304  Financial Officer shall develop the form of the contract for
  305  court-appointed attorneys, function as contract manager, and
  306  enforce performance of the terms and conditions of the contract
  307  consistent with the requirements of this chapter. By signing
  308  such contract, the attorney certifies that he or she intends to
  309  continue the representation under the terms and conditions set
  310  forth in the contract until the sentence is reversed, reduced,
  311  or carried out or until released by order of the trial court. An
  312  attorney may not receive state funds for any fee or expense
  313  incurred under this section unless he or she has been appointed
  314  by the trial court to represent the inmate and has executed the
  315  contract required under this paragraph.
  316         (b)Each attorney appointed under this section must submit
  317  a report each quarter to the commission, in the format
  318  designated by the commission. If the report is not submitted
  319  within 60 days after the end of the quarter, the executive
  320  director shall remove the attorney from the registry and the
  321  court may impose a fine for noncompliance. The court may also
  322  remove the attorney from the case or cases to which he or she
  323  has been appointed under this section.
  324         (c)An attorney removed from the registry may, at the
  325  discretion of the court, continue to represent any clients that
  326  the attorney has been appointed to represent as of the date of
  327  removal. If the court allows an attorney who has been removed
  328  from the registry to continue to represent appointed capital
  329  defendants, the court must take all necessary actions to ensure
  330  compliance with the requirements of this subsection. An attorney
  331  who has been removed from the registry may not accept further
  332  appointments to represent any new capital defendant unless the
  333  attorney is placed back on the registry as provided in paragraph
  334  (d).
  335         (d)After certifying to the executive director that he or
  336  she will act in accordance with the provisions of this
  337  subsection, an attorney removed from the registry may, after 60
  338  days, reapply for inclusion in the registry as provided in
  339  subsection (2). An attorney may reapply for inclusion in the
  340  registry no more than two times under this paragraph for failure
  341  to adhere to the requirements of this subsection.
  342         (5)(a) Upon the motion of the capital collateral regional
  343  counsel to withdraw under pursuant to s. 924.056(1)(a); or
  344         (b) Upon notification by the state attorney or the Attorney
  345  General that:
  346         1. Thirty days have elapsed since appointment of the
  347  capital collateral regional counsel and no entry of appearance
  348  has been filed under pursuant to s. 924.056; or
  349         2. A person under sentence of death who was previously
  350  represented by private counsel is currently unrepresented in a
  351  postconviction capital collateral proceeding,
  352  the executive director shall immediately notify the trial court
  353  that imposed the sentence of death that the court must
  354  immediately appoint an attorney, selected from the current
  355  registry, to represent such person in collateral actions
  356  challenging the legality of the judgment and sentence in the
  357  appropriate state and federal courts. If the attorney appointed
  358  to represent a defendant under a sentence of death does not wish
  359  to continue representing the defendant in federal proceedings,
  360  the attorney must make a good faith effort to assist the
  361  defendant in finding an attorney who meets the criteria and is
  362  willing to represent the defendant in federal proceedings. The
  363  court may shall have the authority to strike a notice of
  364  appearance filed by a Capital Collateral Regional Counsel, if
  365  the court finds the notice was not filed in good faith and may
  366  so notify the executive director that the client is no longer
  367  represented by the Office of Capital Collateral Regional
  368  Counsel. In making an assignment, the court shall give priority
  369  to attorneys whose experience and abilities in criminal law,
  370  especially in capital proceedings, are known by the court to be
  371  commensurate with the responsibility of representing a person
  372  sentenced to death. The trial court must issue an order of
  373  appointment which contains specific findings that the appointed
  374  counsel meets the statutory requirements and has the high
  375  ethical standards necessary to represent a person sentenced to
  376  death.
  377         (6) More than one attorney may not be appointed and
  378  compensated at any one time under s. 27.711 to represent a
  379  person in postconviction capital collateral proceedings.
  380  However, an attorney appointed under this section may designate
  381  another attorney to assist him or her if the designated attorney
  382  meets the qualifications of this section.
  383         Section 6. Section 27.711, Florida Statutes, is amended to
  384  read:
  385         27.711 Terms and conditions of appointment of attorneys as
  386  counsel in postconviction capital collateral proceedings.—
  387         (1) As used in s. 27.710 and this section, the term:
  388         (a) “Capital defendant” means the person who is represented
  389  in postconviction capital collateral proceedings by an attorney
  390  appointed under s. 27.710.
  391         (b) “Executive director” means the executive director of
  392  the Commission on Capital Cases.
  393         (c) “Postconviction capital collateral proceedings” means
  394  one series of collateral litigation of an affirmed conviction
  395  and sentence of death, including the proceedings in the trial
  396  court that imposed the capital sentence, any appellate review of
  397  the sentence by the Supreme Court, any certiorari review of the
  398  sentence by the United States Supreme Court, and any authorized
  399  federal habeas corpus litigation with respect to the sentence.
  400  The term does not include repetitive or successive collateral
  401  challenges to a conviction and sentence of death which is
  402  affirmed by the Supreme Court and undisturbed by any collateral
  403  litigation.
  404         (2) After appointment by the trial court under s. 27.710,
  405  the attorney must immediately file a notice of appearance with
  406  the trial court indicating acceptance of the appointment to
  407  represent the capital defendant throughout all postconviction
  408  capital collateral proceedings, including federal habeas corpus
  409  proceedings, in accordance with this section or until released
  410  by order of the trial court.
  411         (3) An attorney appointed to represent a capital defendant
  412  is entitled to payment of the fees set forth in this section
  413  only upon full performance by the attorney of the duties
  414  specified in this section and approval of payment by the trial
  415  court, and the submission of a payment request by the attorney,
  416  subject to the availability of sufficient funding specifically
  417  appropriated for this purpose. An attorney may not be
  418  compensated under this section for work performed by the
  419  attorney before July 1, 2003, while employed by the northern
  420  regional office of the capital collateral counsel. The Chief
  421  Financial Officer shall notify the executive director and the
  422  court if it appears that sufficient funding has not been
  423  specifically appropriated for this purpose to pay any fees which
  424  may be incurred. The attorney shall maintain appropriate
  425  documentation, including a current and detailed hourly
  426  accounting of time spent representing the capital defendant. The
  427  fee and payment schedule in this section is the exclusive means
  428  of compensating a court-appointed attorney who represents a
  429  capital defendant. When appropriate, a court-appointed attorney
  430  must seek further compensation from the Federal Government, as
  431  provided in 18 U.S.C. s. 3006A or other federal law, in habeas
  432  corpus litigation in the federal courts. An attorney who is
  433  appointed by a court to represent a capital defendant on a pro
  434  bono basis is not entitled to attorney's fees as provided for in
  435  subsection (4). However, after executing a contract with the
  436  Chief Financial Officer, a pro bono attorney is entitled to
  437  payment for investigative services as specified in subsection
  438  (5) and for miscellaneous expenses actually incurred on behalf
  439  of the capital defendant as specified in subsection (6). If a
  440  registry attorney has been appointed to represent a defendant, a
  441  payment may not be made to any other attorney who volunteers to
  442  represent the same defendant on a pro bono basis.
  443         (4) Upon approval by the trial court, an attorney appointed
  444  to represent a capital defendant under s. 27.710 is entitled to
  445  payment of the following fees by the Chief Financial Officer:
  446         (a) Regardless of the stage of postconviction capital
  447  collateral proceedings, the attorney is entitled to $100 per
  448  hour, up to a maximum of $2,500, before after accepting
  449  appointment and filing a notice of appearance in order to review
  450  the files and status of the case to determine whether to accept
  451  an appointment under the payment schedule in this section. If,
  452  after reviewing the case files, the attorney determines that
  453  payment under this section does not provide adequate
  454  compensation for the foreseeable duties associated with the
  455  prospective appointment, the attorney must decline the
  456  appointment.
  457         (b) The attorney is entitled to $100 per hour, up to a
  458  maximum of $20,000, after timely filing in the trial court the
  459  capital defendant's complete original motion for postconviction
  460  relief under the Florida Rules of Criminal Procedure. The motion
  461  must raise all issues to be addressed by the trial court.
  462  However, an attorney is entitled to fees under this paragraph if
  463  the court schedules a hearing on a matter that makes the filing
  464  of the original motion for postconviction relief unnecessary or
  465  if the court otherwise disposes of the case.
  466         (c) The attorney is entitled to $100 per hour, up to a
  467  maximum of $20,000, after the final hearing on trial court
  468  issues a final order granting or denying the capital defendant's
  469  motion for postconviction relief.
  470         (d) The attorney is entitled to $100 per hour, up to a
  471  maximum of $20,000, after timely filing in the Supreme Court the
  472  capital defendant's brief or briefs that address the trial
  473  court's final order granting or denying the capital defendant's
  474  motion for postconviction relief and the state petition for writ
  475  of habeas corpus.
  476         (e) The attorney is entitled to $100 per hour, up to a
  477  maximum of $10,000, after the trial court issues an order
  478  following, pursuant to a remand from the Supreme Court, which
  479  directs the trial court to hold further proceedings on the
  480  capital defendant's motion for postconviction relief.
  481         (f) The attorney is entitled to $100 per hour, up to a
  482  maximum of $4,000, after the appeal of the trial court's denial
  483  of the capital defendant's motion for postconviction relief and
  484  the capital defendant's state petition for writ of habeas corpus
  485  become final in the Supreme Court.
  486         (g) At the conclusion of the capital defendant's
  487  postconviction capital collateral proceedings in state court,
  488  the attorney is entitled to $100 per hour, up to a maximum of
  489  $2,500, for the preparation of the initial federal pleading
  490  after filing a petition for writ of certiorari in the Supreme
  491  Court of the United States.
  492         (h) If, at any time, a death warrant is issued, the
  493  attorney is entitled to $100 per hour, up to a maximum of
  494  $5,000. This payment is shall be full compensation for
  495  attorney's fees and costs for representing the capital defendant
  496  throughout the proceedings before the state courts of Florida.
  497  The hours billed by a contracting attorney under this subsection
  498  may include time devoted to representation of the defendant by
  499  another attorney who is qualified under s. 27.710 and who has
  500  been designated by the contracting attorney to assist him or
  501  her.
  502         (5) An attorney who represents a capital defendant may use
  503  the services of one or more investigators to assist in
  504  representing a capital defendant. Upon approval by the trial
  505  court, the attorney is entitled to payment from the Chief
  506  Financial Officer of $40 per hour, up to a maximum of $15,000,
  507  for the purpose of paying for investigative services.
  508         (6) An attorney who represents a capital defendant is
  509  entitled to a maximum of $15,000 for miscellaneous expenses,
  510  such as the costs of preparing transcripts, compensating expert
  511  witnesses, and copying documents. Upon approval by the trial
  512  court, the attorney is entitled to payment by the Chief
  513  Financial Officer of up to $15,000 for miscellaneous expenses,
  514  except that, if the trial court finds that extraordinary
  515  circumstances exist, the attorney is entitled to payment in
  516  excess of $15,000.
  517         (7) A registry An attorney who is actively representing a
  518  capital defendant is entitled to a maximum of $500 per fiscal
  519  year for tuition and expenses for continuing legal education
  520  that pertains to the representation of capital defendants
  521  regardless of the total number of capital defendants the
  522  attorney is representing. Upon approval by the trial court, the
  523  attorney is entitled to payment by the Chief Financial Officer
  524  for expenses for such tuition and continuing legal education.
  525         (8) By accepting court appointment under s. 27.710 to
  526  represent a capital defendant, the attorney agrees to continue
  527  such representation under the terms and conditions set forth in
  528  this section until the capital defendant's sentence is reversed,
  529  reduced, or carried out, and the attorney is permitted to
  530  withdraw from such representation by a court of competent
  531  jurisdiction. However, if an attorney is permitted to withdraw
  532  or is otherwise removed from representation prior to full
  533  performance of the duties specified in this section, the trial
  534  court shall approve payment of fees and costs for work
  535  performed, which may not exceed the amounts specified in this
  536  section. An attorney who withdraws or is removed from
  537  representation shall deliver all files, notes, documents, and
  538  research to the successor attorney within 15 days after notice
  539  from the successor attorney. The successor attorney shall bear
  540  the cost of transmitting the files, notes, documents, and
  541  research.
  542         (9) An attorney may not represent more than seven five
  543  defendants in capital postconviction litigation at any one time.
  544  The defendant-representation limit includes cases involving
  545  capital postconviction proceedings under contract with the
  546  Capital Collateral Regional Counsel, pro bono cases, registry
  547  cases, and privately retained cases. An attorney may not be
  548  appointed to an additional capital postconviction case until the
  549  attorney's capital postconviction representation total falls
  550  below the seven-case limit.
  551         (10) This section does not authorize an attorney who
  552  represents a capital defendant to file repetitive or frivolous
  553  pleadings that are not supported by law or by the facts of the
  554  case. An action taken by an attorney who represents a capital
  555  defendant in postconviction capital collateral proceedings may
  556  not be the basis for a claim of ineffective assistance of
  557  counsel.
  558         (11) An attorney appointed under s. 27.710 to represent a
  559  capital defendant may not represent the capital defendant during
  560  a retrial, a resentencing proceeding, a proceeding commenced
  561  under chapter 940, a proceeding challenging a conviction or
  562  sentence other than the conviction and sentence of death for
  563  which the appointment was made, or any civil litigation other
  564  than habeas corpus proceedings.
  565         (12) The court shall monitor the performance of assigned
  566  counsel to ensure that the capital defendant is receiving
  567  quality representation. The court shall also receive and
  568  evaluate allegations that are made regarding the performance of
  569  assigned counsel. The Chief Financial Officer, the Department of
  570  Legal Affairs, the executive director, or any interested person
  571  may advise the court of any circumstance that could affect the
  572  quality of representation, including, but not limited to, false
  573  or fraudulent billing, misconduct, failure to meet continuing
  574  legal education requirements, solicitation to receive
  575  compensation from the capital defendant, or failure to file
  576  appropriate motions in a timely manner.
  577         (13) Prior to the filing of a motion for order approving
  578  payment of attorney's fees, costs, or related expenses, the
  579  assigned counsel shall deliver a copy of his intended billing,
  580  together with supporting affidavits and all other necessary
  581  documentation, to the Chief Financial Officer's named contract
  582  manager. The contract manager shall have 10 business days from
  583  receipt to review the billings, affidavit, and documentation for
  584  completeness and compliance with contractual and statutory
  585  requirements. If the contract manager objects to any portion of
  586  the proposed billing, the objection and reasons therefor shall
  587  be communicated to the assigned counsel. The assigned counsel
  588  may thereafter file his or her motion for order approving
  589  payment of attorney's fees, costs, or related expenses together
  590  with supporting affidavits and all other necessary
  591  documentation. The motion must specify whether the Chief
  592  Financial Officer's contract manager objects to any portion of
  593  the billing or the sufficiency of documentation and, if so, the
  594  reason for the objection therefor. A copy of the motion and
  595  attachments shall be served on the Chief Financial Officer's
  596  contract manager, who shall have standing to file pleadings and
  597  appear before the court to contest any motion for order
  598  approving payment. The fact that the Chief Financial Officer's
  599  contract manager has not objected to any portion of the billing
  600  or to the sufficiency of the documentation is not binding on the
  601  court, which retains primary authority and responsibility for
  602  determining the reasonableness of all billings for fees, costs,
  603  and related expenses, subject to statutory limitations.
  604         (14) If a trial court judge proposes to award attorney's
  605  fees in excess of those set forth in this section, the judge
  606  must include written findings of fact that state in detail the
  607  extraordinary nature of the expenditures of the time, energy,
  608  and talents of the attorney in the case which are not ordinarily
  609  expended in other capital collateral cases, and the basis for
  610  the court finding that the case is unusual compared to other
  611  capital postconviction cases. Each attorney participating in the
  612  pilot program in the northern region pursuant to s. 27.701(2),
  613  as a condition of payment pursuant to this section, shall report
  614  on the performance measures adopted by the Legislature for the
  615  capital collateral regional counsel.
  616         Section 7. For the purpose of incorporating the amendments
  617  made by this act to sections 27.710 and 27.711, Florida
  618  Statutes, in references thereto, section 27.7002, Florida
  619  Statutes, is reenacted to read:
  620         27.7002 Limitation on collateral representation; lawyer
  621  disqualification; use of state funds for excess fees not
  622  authorized.—
  623         (1) This chapter does not create any right on behalf of any
  624  person, provided counsel pursuant to any provision of this
  625  chapter, to challenge in any form or manner the adequacy of the
  626  collateral representation provided.
  627         (2) With respect to counsel appointed to represent
  628  defendants in collateral proceedings pursuant to ss. 27.710 and
  629  27.711, the sole method of assuring adequacy of representation
  630  provided shall be in accordance with the provisions of s.
  631  27.711(12).
  632         (3) No provision of this chapter shall be construed to
  633  generate any right on behalf of any attorney appointed pursuant
  634  to s. 27.710, or seeking appointment pursuant to s. 27.710, to
  635  be compensated above the amounts provided in s. 27.711.
  636         (4) No attorney may be appointed, at state expense, to
  637  represent any defendant in collateral legal proceedings except
  638  as expressly authorized in this chapter.
  639         (5) The use of state funds for compensation of counsel
  640  appointed pursuant to s. 27.710 above the amounts set forth in
  641  s. 27.711 is not authorized.
  642         (6) The executive director of the Commission on Capital
  643  Cases is authorized to permanently remove from the registry of
  644  attorneys provided in ss. 27.710 and 27.711 any attorney who
  645  seeks compensation for services above the amounts provided in s.
  646  27.711.
  647         (7) Any attorney who notifies any court, judge, state
  648  attorney, the Attorney General, or the executive director of the
  649  Commission on Capital Cases, that he or she cannot provide
  650  adequate or proper representation under the terms and conditions
  651  set forth in s. 27.711 shall be permanently disqualified from
  652  any attorney registry created under this chapter unless good
  653  cause arises after a change in circumstances.
  654         Section 8. This act shall take effect July 1, 2009.