| 1 | The Conference Committee on HB 5011 offered the following: |
| 2 |
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| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 27.709, Florida Statutes, is repealed. |
| 6 | Section 2. Subsections (6) and (7) of section 27.7002, |
| 7 | Florida Statutes, are amended to read: |
| 8 | 27.7002 Limitation on collateral representation; lawyer |
| 9 | disqualification; use of state funds for excess fees not |
| 10 | authorized.- |
| 11 | (6) The executive director of the Justice Administrative |
| 12 | Commission on Capital Cases is authorized to permanently remove |
| 13 | from the registry of attorneys provided in ss. 27.710 and 27.711 |
| 14 | any attorney who seeks compensation for services above the |
| 15 | amounts provided in s. 27.711. |
| 16 | (7) Any attorney who notifies any court, judge, state |
| 17 | attorney, the Attorney General, or the executive director of the |
| 18 | Justice Administrative Commission on Capital Cases, that he or |
| 19 | she cannot provide adequate or proper representation under the |
| 20 | terms and conditions set forth in s. 27.711 shall be permanently |
| 21 | disqualified from any attorney registry created under this |
| 22 | chapter unless good cause arises after a change in |
| 23 | circumstances. |
| 24 | Section 3. Subsection (4) of section 27.702, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 27.702 Duties of the capital collateral regional counsel; |
| 27 | reports.- |
| 28 | (4)(a) The capital collateral regional counsel or private |
| 29 | counsel shall give written notification of each pleading filed |
| 30 | by that office and the name of the person filing the pleading to |
| 31 | the Commission on Capital Cases and to the trial court assigned |
| 32 | to the case. |
| 33 | (b) Each capital collateral regional counsel and each |
| 34 | attorney participating in the pilot program in the northern |
| 35 | region pursuant to s. 27.701(2) shall provide a quarterly report |
| 36 | to the President of the Senate and, the Speaker of the House of |
| 37 | Representatives, and the Commission on Capital Cases which |
| 38 | details the number of hours worked by investigators and legal |
| 39 | counsel per case and the amounts per case expended during the |
| 40 | preceding quarter in investigating and litigating capital |
| 41 | collateral cases. |
| 42 | Section 4. Subsections (1) and (4) of section 27.710, |
| 43 | Florida Statutes, are amended to read: |
| 44 | 27.710 Registry of attorneys applying to represent persons |
| 45 | in postconviction capital collateral proceedings; certification |
| 46 | of minimum requirements; appointment by trial court.- |
| 47 | (1) The executive director of the Justice Administrative |
| 48 | Commission on Capital Cases shall compile and maintain a |
| 49 | statewide registry of attorneys in private practice who have |
| 50 | certified that they meet the minimum requirements of s. |
| 51 | 27.704(2), who are available for appointment by the court under |
| 52 | this section to represent persons convicted and sentenced to |
| 53 | death in this state in postconviction collateral proceedings, |
| 54 | and who have attended within the last year a continuing legal |
| 55 | education program of at least 10 hours' duration devoted |
| 56 | specifically to the defense of capital cases, if available. |
| 57 | Continuing legal education programs meeting the requirements of |
| 58 | this rule offered by The Florida Bar or another recognized |
| 59 | provider and approved for continuing legal education credit by |
| 60 | The Florida Bar shall satisfy this requirement. The failure to |
| 61 | comply with this requirement may be cause for removal from the |
| 62 | list until the requirement is fulfilled. To ensure that |
| 63 | sufficient attorneys are available for appointment by the court, |
| 64 | when the number of attorneys on the registry falls below 50, the |
| 65 | executive director shall notify the chief judge of each circuit |
| 66 | by letter and request the chief judge to promptly submit the |
| 67 | names of at least three private attorneys who regularly practice |
| 68 | criminal law in that circuit and who appear to meet the minimum |
| 69 | requirements to represent persons in postconviction capital |
| 70 | collateral proceedings. The executive director shall send an |
| 71 | application to each attorney identified by the chief judge so |
| 72 | that the attorney may register for appointment as counsel in |
| 73 | postconviction capital collateral proceedings. As necessary, the |
| 74 | executive director may also advertise in legal publications and |
| 75 | other appropriate media for qualified attorneys interested in |
| 76 | registering for appointment as counsel in postconviction capital |
| 77 | collateral proceedings. Not later than September 1 of each year, |
| 78 | and as necessary thereafter, the executive director shall |
| 79 | provide to the Chief Justice of the Supreme Court, the chief |
| 80 | judge and state attorney in each judicial circuit, and the |
| 81 | Attorney General a current copy of its registry of attorneys who |
| 82 | are available for appointment as counsel in postconviction |
| 83 | capital collateral proceedings. The registry must be indexed by |
| 84 | judicial circuit and must contain the requisite information |
| 85 | submitted by the applicants in accordance with this section. |
| 86 | (4) Each private attorney who is appointed by the court to |
| 87 | represent a capital defendant must enter into a contract with |
| 88 | the Chief Financial Officer. If the appointed attorney fails to |
| 89 | execute the contract within 30 days after the date the contract |
| 90 | is mailed to the attorney, the executive director of the |
| 91 | Commission on Capital Cases shall notify the trial court. The |
| 92 | Chief Financial Officer shall develop the form of the contract, |
| 93 | function as contract manager, and enforce performance of the |
| 94 | terms and conditions of the contract. By signing such contract, |
| 95 | the attorney certifies that he or she intends to continue the |
| 96 | representation under the terms and conditions set forth in the |
| 97 | contract until the sentence is reversed, reduced, or carried out |
| 98 | or until released by order of the trial court. |
| 99 | Section 5. Paragraph (b) of subsection (1) of section |
| 100 | 27.711, Florida Statutes, is amended to read: |
| 101 | 27.711 Terms and conditions of appointment of attorneys as |
| 102 | counsel in postconviction capital collateral proceedings.- |
| 103 | (1) As used in s. 27.710 and this section, the term: |
| 104 | (b) "Executive director" means the executive director of |
| 105 | the Justice Administrative Commission on Capital Cases. |
| 106 | Section 6. This act shall take effect July 1, 2011. |
| 107 |
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| 108 | ----------------------------------------------------- |
| 109 | T I T L E A M E N D M E N T |
| 110 | Remove the entire title and insert: |
| 111 | A bill to be entitled |
| 112 | An act relating to the Commission on Capital Cases; |
| 113 | repealing s. 27.709, F.S., relating to the creation of the |
| 114 | Commission on Capital Cases; amending ss. 27.7002, 27.702, |
| 115 | 27.710, and 27.711, F.S.; providing for assumption of |
| 116 | certain duties of the Commission on Capital Cases by the |
| 117 | Justice Administrative Commission; conforming provisions |
| 118 | to changes made by the act; providing an effective date. |