The Florida Senate

¹27.42  Circuit Article V indigent services committees; composition; staff; responsibilities; funding.--

(1)  In each judicial circuit a circuit Article V indigent services committee shall be established. The committee shall consist of the following:

(a)  The chief judge of the judicial circuit or the chief judge's designee, who shall serve as the chair.

(b)  The public defender of the judicial circuit.

(c)  One experienced private criminal defense attorney appointed by the chief judge to serve a 2-year term. During the 2-year term, the attorney is prohibited from serving as court-appointed counsel.

(d)  One experienced civil trial attorney appointed by the chief judge, to serve a 2-year term. During the 2-year term, the attorney is prohibited from serving as court-appointed counsel.

(2)(a)  The responsibility of the circuit Article V indigent services committee is to manage the appointment and compensation of court-appointed counsel within a circuit pursuant to ss. 27.40 and 27.5303 The circuit Article V indigent services committee shall meet at least quarterly.

(b)  The circuit Article V indigent services committee shall maintain a registry pursuant to s. 27.40, unless procuring counsel through a competitive bidding process. The committee shall apply the eligibility and performance standards set by the Legislature, if any, after receiving recommendations from the Article V Indigent Services Advisory Board, for the appropriate category of case.

(c)  The circuit Article V indigent services committee shall develop a schedule of standard fees and expense allowances for the various categories of cases, consistent with the standards adopted by the Legislature, if any, after receiving recommendations from the Article V Indigent Services Advisory Board.

(3)  The Justice Administrative Commission shall prepare and issue on a quarterly basis a statewide report comparing actual year-to-date expenditures to budgeted amounts for the circuit Article V indigent services committees in each of the judicial circuits. Copies of these quarterly reports shall be distributed to each circuit Article V indigent services committee and to the President of the Senate and the Speaker of the House of Representatives.

(4)(a)  The funding and positions for the processing of committees' fees and expenses shall be as appropriated to the Justice Administrative Commission in the General Appropriations Act.

(b)  Funds for criminal conflict case fees and expenses shall be appropriated by the Legislature in a separate appropriations category within the Justice Administrative Commission. These funds shall be allocated to each circuit as prescribed in the General Appropriations Act.

(c)  Separate funds for attorneys' fees and expenses in conflict cases under chapter 394 shall be appropriated by the Legislature in a separate appropriations category within the Justice Administrative Commission.

(d)  The Legislature shall appropriate separate funds for attorneys' fees and expenses in child dependency cases and other court-appointed counsel cases in a separate appropriations category within the Justice Administrative Commission.

History.--s. 14, ch. 2003-402.

¹Note.--Effective July 1, 2004.