HB 5011

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  Section 27.709, Florida Statutes, is repealed.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

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