Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 5303
       
       
       
       
       
       
                                Ì528252#Î528252                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .                                
             05/02/2014 10:38 PM       .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (5) of section
    6  27.51, Florida Statutes, is amended to read:
    7         27.51 Duties of public defender.—
    8         (5)(a) When direct appellate proceedings prosecuted by a
    9  public defender on behalf of an accused and challenging a
   10  judgment of conviction and sentence of death terminate in an
   11  affirmance of such conviction and sentence, whether by the
   12  Florida Supreme Court or by the United States Supreme Court or
   13  by expiration of any deadline for filing such appeal in a state
   14  or federal court, the public defender shall notify the accused
   15  of his or her rights pursuant to Rule 3.850, Florida Rules of
   16  Criminal Procedure, including any time limits pertinent thereto,
   17  and shall advise such person that representation in any
   18  collateral proceedings is the responsibility of the capital
   19  collateral regional counsel. The public defender shall then
   20  forward all original files on the matter to the capital
   21  collateral regional counsel, retaining such copies for his or
   22  her files as may be desired. However, the trial court shall
   23  retain the power to appoint the public defender or other
   24  attorney not employed by the capital collateral regional counsel
   25  to represent such person in proceedings for relief by executive
   26  clemency pursuant to ss. 27.40 and 27.5303.
   27         Section 2. Subsection (9) of section 27.511, Florida
   28  Statutes, is amended to read:
   29         27.511 Offices of criminal conflict and civil regional
   30  counsel; legislative intent; qualifications; appointment;
   31  duties.—
   32         (9) When direct appellate proceedings prosecuted by the
   33  office of criminal conflict and civil regional counsel on behalf
   34  of an accused and challenging a judgment of conviction and
   35  sentence of death terminate in an affirmance of such conviction
   36  and sentence, whether by the Supreme Court or by the United
   37  States Supreme Court or by expiration of any deadline for filing
   38  such appeal in a state or federal court, the office of criminal
   39  conflict and civil regional counsel shall notify the accused of
   40  his or her rights pursuant to Rule 3.850, Florida Rules of
   41  Criminal Procedure, including any time limits pertinent thereto,
   42  and shall advise such person that representation in any
   43  collateral proceedings is the responsibility of the capital
   44  collateral regional counsel. The office of criminal conflict and
   45  civil regional counsel shall forward all original files on the
   46  matter to the capital collateral regional counsel, retaining
   47  such copies for his or her files as may be desired or required
   48  by law. However, the trial court shall retain the power to
   49  appoint the office of criminal conflict and civil regional
   50  counsel or other attorney not employed by the capital collateral
   51  regional counsel to represent such person in proceedings for
   52  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
   53         Section 3. Subsection (4) of section 27.5303, Florida
   54  Statutes, is amended to read:
   55         27.5303 Public defenders; criminal conflict and civil
   56  regional counsel; conflict of interest.—
   57         (4)(a) If a defendant is convicted and the death sentence
   58  is imposed, the appointed attorney shall continue representation
   59  through appeal to the Supreme Court. The attorney shall be
   60  compensated as provided in s. 27.5304. If the attorney first
   61  appointed is unable to handle the appeal, the court shall
   62  appoint another attorney and that attorney shall be compensated
   63  as provided in s. 27.5304.
   64         (b) The public defender or an attorney appointed pursuant
   65  to this section may be appointed by the court rendering the
   66  judgment imposing the death penalty to represent an indigent
   67  defendant who has applied for executive clemency as relief from
   68  the execution of the judgment imposing the death penalty.
   69         (c) When the appointed attorney in a capital case has
   70  completed the duties imposed by this section, the attorney shall
   71  file a written report in the trial court stating the duties
   72  performed by the attorney and apply for discharge.
   73         Section 4. Subsection (5) of section 27.5304, Florida
   74  Statutes, is amended to read:
   75         27.5304 Private court-appointed counsel; compensation;
   76  notice.—
   77         (5) The compensation for representation in a criminal
   78  proceeding may shall not exceed the following:
   79         (a)1. For misdemeanors and juveniles represented at the
   80  trial level: $1,000.
   81         (b)2. For noncapital, nonlife felonies represented at the
   82  trial level: $2,500.
   83         (c)3. For life felonies represented at the trial level:
   84  $3,000.
   85         (d)4. For capital cases represented at the trial level:
   86  $15,000. For purposes of this paragraph subparagraph, a “capital
   87  case” is any offense for which the potential sentence is death
   88  and the state has not waived seeking the death penalty.
   89         (e)5. For representation on appeal: $2,000.
   90         (b) If a death sentence is imposed and affirmed on appeal
   91  to the Supreme Court, the appointed attorney shall be allowed
   92  compensation, not to exceed $1,000, for attorney fees and costs
   93  incurred in representing the defendant as to an application for
   94  executive clemency, with compensation to be paid out of general
   95  revenue from funds budgeted to the Justice Administrative
   96  Commission.
   97         Section 5. Section 940.031, Florida Statutes, is created to
   98  read:
   99         940.031Clemency counsel when sentence of death has been
  100  imposed.—
  101         (1)The Board of Executive Clemency may appoint private
  102  counsel to represent a person sentenced to death for relief by
  103  executive clemency at such time as the board deems appropriate
  104  for clemency consideration. The board shall maintain a list of
  105  private counsel available for appointment under this section.
  106         (2)The appointed private counsel shall be compensated by
  107  the board up to $10,000 for attorney fees and costs incurred in
  108  representing the person for relief by executive clemency, with
  109  compensation to be paid out of the General Revenue Fund from
  110  funds appropriated to the Parole Commission.
  111         (3)It is the intent of the Legislature that the fee
  112  prescribed under this section be the full and complete
  113  compensation for appointed private counsel. It is further the
  114  intent of the Legislature that the fee in this section be
  115  prescribed for the purpose of providing counsel with notice of
  116  the limit on the amount of compensation for representation under
  117  this section. Appointment of counsel for executive clemency
  118  under this section shall be at the board’s sole discretion. The
  119  provision of counsel for relief by executive clemency under this
  120  section does not create a statutory right to counsel in such
  121  proceedings.
  122         Section 6. This act shall take effect July 1, 2014.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125  And the title is amended as follows:
  126         Delete everything before the enacting clause
  127  and insert:
  128                        A bill to be entitled                      
  129         An act relating to executive clemency; amending ss.
  130         27.51 and 27.511, F.S.; removing authority of the
  131         trial court to appoint counsel for executive clemency
  132         proceedings; amending s. 27.5303, F.S.; removing
  133         authority of the court rendering judgment imposing the
  134         death penalty to appoint counsel for executive
  135         clemency proceedings; amending s. 27.5304, F.S.;
  136         removing authority for payment to the appointed
  137         attorney for representing a defendant in an
  138         application for executive clemency after the
  139         imposition of a death sentence; creating s. 940.031,
  140         F.S.; authorizing the Board of Executive Clemency to
  141         appoint private counsel to represent a person
  142         sentenced to death in an executive clemency
  143         proceeding; authorizing compensation of up to a
  144         specified amount to the appointed attorney from the
  145         General Revenue Funds appropriated to the Parole
  146         Commission; providing legislative intent; providing an
  147         effective date.