Florida Senate - 2010                                    SB 1080
       
       
       
       By Senator Crist
       
       
       
       
       12-00889-10                                           20101080__
    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 collateral cases are
    5         extraordinary or unusual; amending s. 27.701, F.S.;
    6         requiring that regional counsel report to and serve at
    7         the pleasure of the Commission on Capital Cases;
    8         amending s. 27.702, F.S.; revising the quarterly
    9         reporting requirements for each capital collateral
   10         regional counsel; amending s. 27.709, F.S.;
   11         authorizing the commission to sponsor programs of
   12         continuing legal education that are devoted
   13         specifically to capital cases; authorizing the
   14         commission to issue subpoenas and hold hearings it
   15         considers appropriate for the administration of
   16         justice in capital cases; authorizing the commission
   17         to appoint capital collateral regional counsel and to
   18         terminate the appointment of a capital collateral
   19         regional counsel before the end of the counsel’s term;
   20         amending s. 27.710, F.S.; revising the criteria
   21         required for an attorney to be eligible to be placed
   22         on the registry of attorneys qualified to represent
   23         defendants in postconviction capital collateral
   24         proceedings; providing certain limited exceptions;
   25         requiring attorneys to file a detailed application to
   26         be eligible for court appointment as counsel in
   27         postconviction capital collateral proceedings;
   28         requiring attorneys to sign a contract with the Chief
   29         Financial Officer in order to receive funds from the
   30         state; requiring each private attorney appointed by a
   31         court to represent a capital defendant to submit a
   32         report each quarter to the commission; providing for
   33         removal from and reinstatement to the registry of
   34         attorneys; amending s. 27.711, F.S.; providing terms
   35         and conditions for appointment of counsel in
   36         postconviction capital collateral proceedings;
   37         providing for pro bono attorneys to receive
   38         reimbursement for certain specified expenses; limiting
   39         representation by a court-appointed attorney to seven
   40         defendants; prohibiting an attorney from being
   41         appointed to an additional postconviction case if he
   42         or she represents seven or more defendants in capital
   43         collateral litigation; requiring a trial court judge
   44         who proposes to award attorney’s fees in excess of
   45         those set forth in law to make written findings of
   46         fact that state the extraordinary nature of the
   47         expenditures of time, energy, and talents of the
   48         attorney in the case which are not ordinarily expended
   49         in other capital collateral cases and how the case is
   50         unusual; reenacting s. 27.7002, F.S., relating to the
   51         limitation of cases on collateral representation, to
   52         incorporate the amendments made to ss. 27.710 and
   53         27.711, F.S., in references thereto; providing an
   54         effective date.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 27.7001, Florida Statutes, is amended to
   59  read:
   60         27.7001 Legislative intent and findings.—It is the intent
   61  of the Legislature to create part IV of this chapter, consisting
   62  of ss. 27.7001-27.711, inclusive, to provide for the collateral
   63  representation of any person convicted and sentenced to death in
   64  this state, so that collateral legal proceedings to challenge
   65  any Florida capital conviction and sentence may be commenced in
   66  a timely manner and so as to assure the people of this state
   67  that the judgments of its courts may be regarded with the
   68  finality to which they are entitled in the interests of justice.
   69  It is the further intent of the Legislature that collateral
   70  representation shall not include representation during retrials,
   71  resentencings, proceedings commenced under chapter 940, or civil
   72  litigation. The Legislature further finds that not all capital
   73  collateral cases are extraordinary or unusual.
   74         Section 2. Subsection (1) of section 27.701, Florida
   75  Statutes, is amended to read:
   76         27.701 Capital collateral regional counsel.—
   77         (1) There are created three regional offices of capital
   78  collateral counsel, which shall be located in a northern,
   79  middle, and southern region of the state. The northern region
   80  shall consist of the First, Second, Third, Fourth, Eighth, and
   81  Fourteenth Judicial Circuits; the middle region shall consist of
   82  the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth,
   83  and Eighteenth Judicial Circuits; and the southern region shall
   84  consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth,
   85  Nineteenth, and Twentieth Judicial Circuits. Each regional
   86  office shall be administered by a regional counsel. A regional
   87  counsel must be, and must have been for the preceding 5 years, a
   88  member in good standing of The Florida Bar or a similar
   89  organization in another state. Each capital collateral regional
   90  counsel shall be appointed by the Governor, and is subject to
   91  confirmation by the Senate. The Supreme Court Judicial
   92  Nominating Commission shall recommend to the Governor three
   93  qualified candidates for each appointment as regional counsel.
   94  The Governor shall appoint a regional counsel for each region
   95  from among the recommendations, or, if it is in the best
   96  interest of the fair administration of justice in capital cases,
   97  the Governor may reject the nominations and request submission
   98  of three new nominees by the Supreme Court Judicial Nominating
   99  Commission. Each capital collateral regional counsel shall be
  100  appointed to a term of 3 years. Vacancies in the office of
  101  capital collateral regional counsel shall be filled in the same
  102  manner as appointments. A person appointed as a regional counsel
  103  may not run for or accept appointment to any state office for 2
  104  years following vacation of office. Each capital collateral
  105  counsel shall report to and serve at the pleasure of the
  106  Commission on Capital Cases.
  107         Section 3. Subsections (2) and (4) of section 27.702,
  108  Florida Statutes, are amended to read:
  109         27.702 Duties of the capital collateral regional counsel;
  110  reports.—
  111         (2) The capital collateral regional counsel shall represent
  112  persons convicted and sentenced to death within the region in
  113  collateral postconviction proceedings, unless a court appoints
  114  or permits other counsel to appear as counsel of record pursuant
  115  to ss. 27.710 and 27.711.
  116         (4)(a) The capital collateral regional counsel or private
  117  counsel shall give written notification of each pleading filed
  118  by that office and the name of the person filing the pleading to
  119  the Commission on Capital Cases and to the trial court assigned
  120  to the case.
  121         (b) Each capital collateral regional counsel and each
  122  attorney participating in the pilot program in the northern
  123  region pursuant to s. 27.701(2) shall provide a quarterly report
  124  to the President of the Senate, the Speaker of the House of
  125  Representatives, and the Commission on Capital Cases which
  126  details the number of hours worked by investigators and legal
  127  counsel per case and the amounts per case expended during the
  128  preceding quarter in investigating and litigating capital
  129  collateral cases.
  130         Section 4. Paragraph (c) of subsection (1) and subsection
  131  (2) of section 27.709, Florida Statutes, are amended to read:
  132         27.709 Commission on Capital Cases.—
  133         (1)
  134         (c) The commission shall meet upon the call of the chair
  135  quarterly, and other meetings may be called by the chair upon
  136  giving at least 7 days’ notice to all members and the public.
  137         (2)(a) The commission shall review the administration of
  138  justice in capital collateral cases, receive relevant public
  139  input, review the operation of the capital collateral regional
  140  counsel and private counsel appointed pursuant to ss. 27.710 and
  141  27.711, and advise and make recommendations to the Governor,
  142  Legislature, and Supreme Court.
  143         (b) As part of its duties, the commission shall compile and
  144  analyze case-tracking reports produced by the Supreme Court. In
  145  analyzing these reports, the commission shall develop statistics
  146  to identify trends and changes in case management and case
  147  processing, identify and evaluate unproductive points of delay,
  148  and generally evaluate the way cases are progressing. The
  149  commission shall report these findings to the Legislature by
  150  January 1 of each year.
  151         (c) In addition, The commission shall receive complaints
  152  regarding the practice of any office of regional counsel and
  153  private counsel appointed pursuant to ss. 27.710 and 27.711 and
  154  may investigate and shall refer any complaint to The Florida
  155  Bar, the State Supreme Court, the Department of Law Enforcement,
  156  the Chief Inspector General, or the Commission on Ethics, as
  157  appropriate.
  158         (d)The commission may sponsor programs of continuing legal
  159  education which are devoted specifically to capital cases and
  160  shall undertake any project recommended or approved by the
  161  commission members.
  162         (e)The commission may request each state attorney, circuit
  163  court judge, and the Office of the Attorney General to submit
  164  pertinent reports to the commission for its review.
  165         (f)The commission may exercise subpoena powers and may
  166  receive sworn testimony it deems necessary for the
  167  administration of justice in capital cases.
  168         (g)The commission shall appoint the capital collateral
  169  regional counsel, and may terminate the employment of regional
  170  counsel at any time before the expiration of the appointment.
  171         Section 5. Section 27.710, Florida Statutes, is amended to
  172  read:
  173         27.710 Registry of attorneys applying to represent persons
  174  in postconviction capital collateral proceedings; certification
  175  of minimum requirements; appointment by trial court.—
  176         (1) The executive director of the Commission on Capital
  177  Cases shall compile and maintain a statewide registry of
  178  attorneys in private practice who have certified that they meet
  179  the minimum requirements of this section and s. 27.704(2), who
  180  are available for appointment by the court under this section to
  181  represent persons convicted and sentenced to death in this state
  182  in postconviction collateral proceedings, and who have attended
  183  within the last year a continuing legal education program of at
  184  least 10 hours’ duration devoted specifically to the defense of
  185  capital cases, if available. Continuing legal education programs
  186  meeting the requirements of this rule offered by The Florida Bar
  187  or another recognized provider and approved for continuing legal
  188  education credit by The Florida Bar shall satisfy this
  189  requirement. The failure to comply with this requirement may be
  190  cause for removal from the list until the requirement is
  191  fulfilled. To ensure that sufficient attorneys are available for
  192  appointment by the court, when the number of attorneys on the
  193  registry falls below 50, the executive director shall notify the
  194  chief judge of each circuit by letter and request the chief
  195  judge to promptly submit the names of at least three private
  196  attorneys who regularly practice criminal law in that circuit
  197  and who appear to meet the minimum requirements to represent
  198  persons in postconviction capital collateral proceedings. The
  199  executive director shall send an application to each attorney
  200  identified by the chief judge so that the attorney may register
  201  for appointment as counsel in postconviction capital collateral
  202  proceedings. As necessary, the executive director may also
  203  advertise in legal publications and other appropriate media for
  204  qualified attorneys interested in registering for appointment as
  205  counsel in postconviction capital collateral proceedings. Under
  206  limited circumstances, when the number of qualified lawyers on
  207  the registry fall below 50, and upon the application of an
  208  attorney who does not meet the minimum qualifications set forth
  209  in this section, the application may be forwarded by the
  210  executive director to the full commission for its approval of
  211  the applicant being included on the list of available registry
  212  attorneys. By Not later than September 1 of each year, and as
  213  necessary thereafter, the executive director shall provide to
  214  the Chief Justice of the Supreme Court, the chief judge and
  215  state attorney in each judicial circuit, and the Attorney
  216  General a current copy of its registry of attorneys who are
  217  available for appointment as counsel in postconviction capital
  218  collateral proceedings. The registry must be indexed by judicial
  219  circuit and must contain the requisite information submitted by
  220  the applicants in accordance with this section.
  221         (2)(a) To be eligible for court appointment as counsel in
  222  postconviction capital collateral proceedings, an attorney must
  223  certify on an application provided by the executive director
  224  that he or she is a member in good standing of The Florida Bar
  225  and:
  226         1.Is an active practicing attorney who has at least 5
  227  years’ experience in the practice of criminal law and has
  228  demonstrated the proficiency necessary to represent defendants
  229  in capital cases, including proficiency in the production and
  230  admission of evidence, including psychiatric and forensic
  231  evidence, the use of expert witnesses, and the investigation and
  232  presentation of mitigation evidence;
  233         2.Has attended and completed a minimum of 12 hours of
  234  continuing legal education programs within the previous 2 years
  235  which were devoted to the defense of capital cases and offered
  236  by The Florida Bar, the Commission on Capital Cases, or another
  237  authorized provider of continuing legal education courses; and
  238         3.a.Has tried at least nine state or federal jury trials
  239  to completion, two of which must have been capital cases, and:
  240         (I)Three of which must have been murder trials;
  241         (II)One of which must have been a murder trial and five of
  242  which must have been other felony trials; or
  243         (III)One of which must have included a postconviction
  244  evidentiary hearing and five of which must have been other
  245  felony trials;
  246         b.Has appealed one capital conviction and appealed:
  247         (I)At least three felony convictions, one of which must
  248  have been a murder conviction;
  249         (II)At least three felony convictions and participated in
  250  one capital postconviction evidentiary hearing; or
  251         (III)At least six felony convictions, two of which must
  252  have been murder convictions; or
  253         c.Has litigated as a first-chair attorney at least three
  254  capital collateral evidentiary hearings.
  255         (b)If the trial court finds that exceptional circumstances
  256  exist requiring appointment of an attorney who does not meet the
  257  criteria set forth in paragraph (a), the trial court shall enter
  258  a written order specifying the circumstances and making explicit
  259  findings that the attorney appointed is capable of providing
  260  competent representation in accordance with the intent of this
  261  section.
  262         (c)Failure by an attorney to comply with any criteria set
  263  forth in paragraph (a) may be cause to remove the attorney from
  264  the registry until such criteria is satisfied.
  265         (d)Compliance may be proven by submitting written
  266  certification of compliance to the commission, and may be
  267  submitted by electronic mail satisfies the minimum requirements
  268  for private counsel set forth in s. 27.704(2).
  269         (3) An attorney who applies for registration and court
  270  appointment as counsel in postconviction capital collateral
  271  proceedings must certify that he or she is counsel of record in
  272  not more than four such proceedings and, if appointed to
  273  represent a person in postconviction capital collateral
  274  proceedings, shall continue the such representation under the
  275  terms and conditions set forth in s. 27.711 until the sentence
  276  is reversed, reduced, or carried out or unless permitted to
  277  withdraw from representation by the trial court. The court may
  278  not permit an attorney to withdraw from representation without a
  279  finding of sufficient good cause. The court may impose
  280  appropriate sanctions if it finds that an attorney has shown bad
  281  faith with respect to continuing to represent a defendant in a
  282  postconviction capital collateral proceeding. This section does
  283  not preclude the court from reassigning a case to a capital
  284  collateral regional counsel following discontinuation of
  285  representation if a conflict of interest no longer exists with
  286  respect to the case.
  287         (4)(a) Each private attorney who is appointed by the court
  288  to represent a capital defendant, including court-appointed
  289  attorneys who elect to proceed pro bono, must enter into a
  290  contract with the Chief Financial Officer. If the appointed
  291  attorney fails to execute the contract within 30 days after the
  292  date the contract is mailed to the attorney, the executive
  293  director of the Commission on Capital Cases shall notify the
  294  trial court and remove the attorney from the registry. The Chief
  295  Financial Officer shall develop the form of the contract for
  296  court-appointed attorneys, function as contract manager, and
  297  enforce performance of the terms and conditions of the contract
  298  consistent with the requirements of this chapter. By signing the
  299  such contract, the attorney certifies that he or she intends to
  300  continue the representation under the terms and conditions set
  301  forth in the contract until the sentence is reversed, reduced,
  302  or carried out or until released by order of the trial court.
  303         (b)Each attorney appointed under this section must submit
  304  a report each quarter to the commission, in the format
  305  designated by the commission. If the report is not submitted
  306  within 60 days after the end of the quarter, the executive
  307  director shall remove the attorney from the registry and the
  308  court may impose a fine for noncompliance. The court may also
  309  remove the attorney from the case or cases to which he or she
  310  has been appointed under this section.
  311         (c)An attorney removed from the registry may, at the
  312  discretion of the court, continue to represent any clients that
  313  the attorney has been appointed to represent as of the date of
  314  removal. If the court allows an attorney who has been removed
  315  from the registry to continue to represent appointed capital
  316  defendants, the court must take all necessary actions to ensure
  317  compliance with the requirements of this subsection. An attorney
  318  who has been removed from the registry may not accept further
  319  appointments to represent any new capital defendant unless the
  320  attorney is placed back on the registry as provided in paragraph
  321  (d).
  322         (d)After certifying to the executive director that he or
  323  she will act in accordance with the provisions of this
  324  subsection, an attorney removed from the registry may, after 60
  325  days, reapply for the registry as provided in subsection (2). An
  326  attorney may reapply for the registry no more than two times
  327  under this paragraph for failure to adhere to the requirements
  328  of this subsection.
  329         (5)(a) Upon the motion of the capital collateral regional
  330  counsel to withdraw pursuant to s. 924.056(1)(a); or
  331         (b) Upon notification by the state attorney or the Attorney
  332  General that:
  333         1. Thirty days have elapsed since appointment of the
  334  capital collateral regional counsel and no entry of appearance
  335  has been filed pursuant to s. 924.056; or
  336         2. A person under sentence of death who was previously
  337  represented by private counsel is currently unrepresented in a
  338  postconviction capital collateral proceeding,
  339  
  340  the executive director shall immediately notify the trial court
  341  that imposed the sentence of death that the court must
  342  immediately appoint an attorney, selected from the current
  343  registry, to represent such person in collateral actions
  344  challenging the legality of the judgment and sentence in the
  345  appropriate state and federal courts. If the attorney appointed
  346  to represent a defendant under a sentence of death does not wish
  347  to continue representing the defendant in federal proceedings,
  348  the attorney must make a good faith effort to assist the
  349  defendant in finding an attorney who meets the criteria and is
  350  willing to represent the defendant in federal proceedings. The
  351  court may shall have the authority to strike a notice of
  352  appearance filed by a capital collateral regional counsel, if
  353  the court finds the notice was not filed in good faith and may
  354  so notify the executive director that the client is no longer
  355  represented by the Office of Capital Collateral Regional
  356  Counsel. In making an assignment, the court shall give priority
  357  to attorneys whose experience and abilities in criminal law,
  358  especially in capital proceedings, are known by the court to be
  359  commensurate with the responsibility of representing a person
  360  sentenced to death. The trial court must issue an order of
  361  appointment which contains specific findings that the appointed
  362  counsel meets the statutory requirements and has the high
  363  ethical standards necessary to represent a person sentenced to
  364  death.
  365         (6) More than one attorney may not be appointed and
  366  compensated at any one time under s. 27.711 to represent a
  367  person in postconviction capital collateral proceedings.
  368  However, an attorney appointed under this section may designate
  369  another attorney to assist him or her if the designated attorney
  370  meets the qualifications of this section.
  371         Section 6. Section 27.711, Florida Statutes, is amended to
  372  read:
  373         27.711 Terms and conditions of appointment of attorneys as
  374  counsel in postconviction capital collateral proceedings.—
  375         (1) As used in s. 27.710 and this section, the term:
  376         (a) “Capital defendant” means the person who is represented
  377  in postconviction capital collateral proceedings by an attorney
  378  appointed under s. 27.710.
  379         (b) “Executive director” means the executive director of
  380  the Commission on Capital Cases.
  381         (c) “Postconviction capital collateral proceedings” means
  382  one series of collateral litigation of an affirmed conviction
  383  and sentence of death, including the proceedings in the trial
  384  court that imposed the capital sentence, any appellate review of
  385  the sentence by the Supreme Court, any certiorari review of the
  386  sentence by the United States Supreme Court, and any authorized
  387  federal habeas corpus litigation with respect to the sentence.
  388  The term does not include repetitive or successive collateral
  389  challenges to a conviction and sentence of death which is
  390  affirmed by the Supreme Court and undisturbed by any collateral
  391  litigation.
  392         (2) After appointment by the trial court under s. 27.710,
  393  the attorney must immediately file a notice of appearance with
  394  the trial court indicating acceptance of the appointment to
  395  represent the capital defendant throughout all postconviction
  396  capital collateral proceedings, including federal habeas corpus
  397  proceedings, in accordance with this section or until released
  398  by order of the trial court.
  399         (3) An attorney appointed to represent a capital defendant
  400  is entitled to payment of the fees set forth in this section
  401  only upon full performance by the attorney of the duties
  402  specified in this section and approval of payment by the trial
  403  court, and the submission of a payment request by the attorney,
  404  subject to the availability of sufficient funding specifically
  405  appropriated for this purpose. An attorney may not be
  406  compensated under this section for work performed by the
  407  attorney before July 1, 2003, while employed by the northern
  408  regional office of the capital collateral counsel. The Chief
  409  Financial Officer shall notify the executive director and the
  410  court if it appears that sufficient funding has not been
  411  specifically appropriated for this purpose to pay any fees which
  412  may be incurred. The attorney shall maintain appropriate
  413  documentation, including a current and detailed hourly
  414  accounting of time spent representing the capital defendant. The
  415  fee and payment schedule in this section is the exclusive means
  416  of compensating a court-appointed attorney who represents a
  417  capital defendant. When appropriate, a court-appointed attorney
  418  must seek further compensation from the Federal Government, as
  419  provided in 18 U.S.C. s. 3006A or other federal law, in habeas
  420  corpus litigation in the federal courts. An attorney who is
  421  appointed by a court to represent a capital defendant on a pro
  422  bono basis is not entitled to attorney’s fees as provided for in
  423  subsection (4). However, after executing a contract with the
  424  Chief Financial Officer, a pro bono attorney is entitled to
  425  payment for investigative services as specified in subsection
  426  (5) and for miscellaneous expenses actually incurred on behalf
  427  of the capital defendant as specified in subsection (6). If a
  428  registry attorney has been appointed to represent a defendant, a
  429  payment may not be made to any other attorney who volunteers to
  430  represent the same defendant on a pro bono basis.
  431         (4) Upon approval by the trial court, an attorney appointed
  432  to represent a capital defendant under s. 27.710 is entitled to
  433  payment of the following fees by the Chief Financial Officer:
  434         (a) Regardless of the stage of postconviction capital
  435  collateral proceedings, the attorney is entitled to $100 per
  436  hour, up to a maximum of $2,500, before after accepting
  437  appointment and filing a notice of appearance in order to review
  438  the files and status of the case to determine whether to accept
  439  an appointment under the payment schedule in this section. If,
  440  after reviewing the case files, the attorney determines that
  441  payment under this section does not provide adequate
  442  compensation for the foreseeable duties associated with the
  443  prospective appointment, the attorney must decline the
  444  appointment.
  445         (b) The attorney is entitled to $100 per hour, up to a
  446  maximum of $20,000, after timely filing in the trial court the
  447  capital defendant’s complete original motion for postconviction
  448  relief under the Florida Rules of Criminal Procedure. The motion
  449  must raise all issues to be addressed by the trial court.
  450  However, an attorney is entitled to fees under this paragraph if
  451  the court schedules a hearing on a matter that makes the filing
  452  of the original motion for postconviction relief unnecessary or
  453  if the court otherwise disposes of the case.
  454         (c) The attorney is entitled to $100 per hour, up to a
  455  maximum of $20,000, after the final hearing on trial court
  456  issues a final order granting or denying the capital defendant’s
  457  motion for postconviction relief.
  458         (d) The attorney is entitled to $100 per hour, up to a
  459  maximum of $20,000, after timely filing in the Supreme Court the
  460  capital defendant’s brief or briefs that address the trial
  461  court’s final order granting or denying the capital defendant’s
  462  motion for postconviction relief and the state petition for writ
  463  of habeas corpus.
  464         (e) The attorney is entitled to $100 per hour, up to a
  465  maximum of $10,000, after the trial court issues an order
  466  following, pursuant to a remand from the Supreme Court, which
  467  directs the trial court to hold further proceedings on the
  468  capital defendant’s motion for postconviction relief.
  469         (f) The attorney is entitled to $100 per hour, up to a
  470  maximum of $4,000, after the appeal of the trial court’s denial
  471  of the capital defendant’s motion for postconviction relief and
  472  the capital defendant’s state petition for writ of habeas corpus
  473  become final in the Supreme Court.
  474         (g) At the conclusion of the capital defendant’s
  475  postconviction capital collateral proceedings in state court,
  476  the attorney is entitled to $100 per hour, up to a maximum of
  477  $2,500, for the preparation of the initial federal pleading
  478  after filing a petition for writ of certiorari in the Supreme
  479  Court of the United States.
  480         (h) If, at any time, a death warrant is issued, the
  481  attorney is entitled to $100 per hour, up to a maximum of
  482  $5,000. This payment is shall be full compensation for
  483  attorney’s fees and costs for representing the capital defendant
  484  throughout the proceedings before the state courts of Florida.
  485  
  486  The hours billed by a contracting attorney under this subsection
  487  may include time devoted to representation of the defendant by
  488  another attorney who is qualified under s. 27.710 and who has
  489  been designated by the contracting attorney to assist him or
  490  her.
  491         (5) An attorney who represents a capital defendant may use
  492  the services of one or more investigators to assist in
  493  representing a capital defendant. Upon approval by the trial
  494  court, the attorney is entitled to payment from the Chief
  495  Financial Officer of $40 per hour, up to a maximum of $15,000,
  496  for the purpose of paying for investigative services.
  497         (6) An attorney who represents a capital defendant is
  498  entitled to a maximum of $15,000 for miscellaneous expenses,
  499  such as the costs of preparing transcripts, compensating expert
  500  witnesses, and copying documents. Upon approval by the trial
  501  court, the attorney is entitled to payment by the Chief
  502  Financial Officer of up to $15,000 for miscellaneous expenses,
  503  except that, if the trial court finds that extraordinary
  504  circumstances exist, the attorney is entitled to payment in
  505  excess of $15,000.
  506         (7) A registry An attorney who is actively representing a
  507  capital defendant is entitled to a maximum of $500 per fiscal
  508  year for tuition and expenses for continuing legal education
  509  that pertains to the representation of capital defendants
  510  regardless of the total number of capital defendants the
  511  attorney is representing. Upon approval by the trial court, the
  512  attorney is entitled to payment by the Chief Financial Officer
  513  for expenses for such tuition and continuing legal education.
  514         (8) By accepting court appointment under s. 27.710 to
  515  represent a capital defendant, the attorney agrees to continue
  516  such representation under the terms and conditions set forth in
  517  this section until the capital defendant’s sentence is reversed,
  518  reduced, or carried out, and the attorney is permitted to
  519  withdraw from such representation by a court of competent
  520  jurisdiction. However, if an attorney is permitted to withdraw
  521  or is otherwise removed from representation prior to full
  522  performance of the duties specified in this section, the trial
  523  court shall approve payment of fees and costs for work
  524  performed, which may not exceed the amounts specified in this
  525  section. An attorney who withdraws or is removed from
  526  representation shall deliver all files, notes, documents, and
  527  research to the successor attorney within 15 days after notice
  528  from the successor attorney. The successor attorney shall bear
  529  the cost of transmitting the files, notes, documents, and
  530  research.
  531         (9) An attorney may not represent more than seven five
  532  defendants in capital postconviction litigation at any one time.
  533  The defendant-representation limit includes cases involving
  534  capital postconviction proceedings under contract with the
  535  capital collateral regional counsel, pro bono cases, registry
  536  cases, and privately retained cases. An attorney may not be
  537  appointed to an additional capital postconviction case until the
  538  attorney’s capital postconviction representation total falls
  539  below the seven-case limit.
  540         (10) This section does not authorize an attorney who
  541  represents a capital defendant to file repetitive or frivolous
  542  pleadings that are not supported by law or by the facts of the
  543  case. An action taken by an attorney who represents a capital
  544  defendant in postconviction capital collateral proceedings may
  545  not be the basis for a claim of ineffective assistance of
  546  counsel.
  547         (11) An attorney appointed under s. 27.710 to represent a
  548  capital defendant may not represent the capital defendant during
  549  a retrial, a resentencing proceeding, a proceeding commenced
  550  under chapter 940, a proceeding challenging a conviction or
  551  sentence other than the conviction and sentence of death for
  552  which the appointment was made, or any civil litigation other
  553  than habeas corpus proceedings.
  554         (12) The court shall monitor the performance of assigned
  555  counsel to ensure that the capital defendant is receiving
  556  quality representation. The court shall also receive and
  557  evaluate allegations that are made regarding the performance of
  558  assigned counsel. The Chief Financial Officer, the Department of
  559  Legal Affairs, the executive director, or any interested person
  560  may advise the court of any circumstance that could affect the
  561  quality of representation, including, but not limited to, false
  562  or fraudulent billing, misconduct, failure to meet continuing
  563  legal education requirements, solicitation to receive
  564  compensation from the capital defendant, or failure to file
  565  appropriate motions in a timely manner.
  566         (13) Before Prior to the filing of a motion for an order
  567  approving payment of attorney’s fees, costs, or related
  568  expenses, the assigned counsel shall deliver a copy of his or
  569  her intended billing, together with supporting affidavits and
  570  all other necessary documentation, to the Chief Financial
  571  Officer’s named contract manager. The contract manager has shall
  572  have 10 business days following from receipt to review the
  573  billings, affidavit, and documentation for completeness and
  574  compliance with contractual and statutory requirements. If the
  575  contract manager objects to any portion of the proposed billing,
  576  the objection and reasons therefor shall be communicated to the
  577  assigned counsel. The assigned counsel may thereafter file his
  578  or her motion for order approving payment of attorney’s fees,
  579  costs, or related expenses together with supporting affidavits
  580  and all other necessary documentation. The motion must specify
  581  whether the Chief Financial Officer’s contract manager objects
  582  to any portion of the billing or the sufficiency of
  583  documentation and, if so, the reason therefor. A copy of the
  584  motion and attachments shall be served on the Chief Financial
  585  Officer’s contract manager, who shall have standing to file
  586  pleadings and appear before the court to contest any motion for
  587  order approving payment. The fact that the Chief Financial
  588  Officer’s contract manager has not objected to any portion of
  589  the billing or to the sufficiency of the documentation is not
  590  binding on the court, which retains primary authority and
  591  responsibility for determining the reasonableness of all
  592  billings for fees, costs, and related expenses, subject to
  593  statutory limitations.
  594         (14) If a trial court judge proposes to award attorney’s
  595  fees in excess of those set forth in this section, the judge
  596  must include written findings of fact that state in detail the
  597  extraordinary nature of the expenditures of the time, energy,
  598  and talents of the attorney in the case which are not ordinarily
  599  expended in other capital collateral cases, and the basis for
  600  the court finding that the case is unusual compared to other
  601  capital postconviction cases. Each attorney participating in the
  602  pilot program in the northern region pursuant to s. 27.701(2),
  603  as a condition of payment pursuant to this section, shall report
  604  on the performance measures adopted by the Legislature for the
  605  capital collateral regional counsel.
  606         Section 7. For the purpose of incorporating the amendments
  607  made by this act to sections 27.710 and 27.711, Florida
  608  Statutes, in references thereto, section 27.7002, Florida
  609  Statutes, is reenacted to read:
  610         27.7002 Limitation on collateral representation; lawyer
  611  disqualification; use of state funds for excess fees not
  612  authorized.—
  613         (1) This chapter does not create any right on behalf of any
  614  person, provided counsel pursuant to any provision of this
  615  chapter, to challenge in any form or manner the adequacy of the
  616  collateral representation provided.
  617         (2) With respect to counsel appointed to represent
  618  defendants in collateral proceedings pursuant to ss. 27.710 and
  619  27.711, the sole method of assuring adequacy of representation
  620  provided shall be in accordance with the provisions of s.
  621  27.711(12).
  622         (3) No provision of this chapter shall be construed to
  623  generate any right on behalf of any attorney appointed pursuant
  624  to s. 27.710, or seeking appointment pursuant to s. 27.710, to
  625  be compensated above the amounts provided in s. 27.711.
  626         (4) No attorney may be appointed, at state expense, to
  627  represent any defendant in collateral legal proceedings except
  628  as expressly authorized in this chapter.
  629         (5) The use of state funds for compensation of counsel
  630  appointed pursuant to s. 27.710 above the amounts set forth in
  631  s. 27.711 is not authorized.
  632         (6) The executive director of the Commission on Capital
  633  Cases is authorized to permanently remove from the registry of
  634  attorneys provided in ss. 27.710 and 27.711 any attorney who
  635  seeks compensation for services above the amounts provided in s.
  636  27.711.
  637         (7) Any attorney who notifies any court, judge, state
  638  attorney, the Attorney General, or the executive director of the
  639  Commission on Capital Cases, that he or she cannot provide
  640  adequate or proper representation under the terms and conditions
  641  set forth in s. 27.711 shall be permanently disqualified from
  642  any attorney registry created under this chapter unless good
  643  cause arises after a change in circumstances.
  644         Section 8. This act shall take effect July 1, 2010.