The Florida Senate

¹27.5304  Private court-appointed counsel; compensation.--

(1)  Private court-appointed counsel shall be compensated by the Justice Administrative Commission in accordance with standards adopted by the Legislature after receiving recommendations from the Article V Indigent Services Advisory Board. However, compensation shall not exceed the maximum fee limits established by this section. The attorney also shall be reimbursed for reasonable and necessary expenses in accordance with s. 29.007 If the attorney is representing a defendant charged with more than one offense in the same case, the attorney shall be compensated at the rate provided for the most serious offense for which he or she represented the defendant. This section does not allow stacking of the fee limits established by this section.

(2)  Prior to filing a motion for an order approving payment of attorney's fees, costs, or related expenses, the private court-appointed counsel shall deliver a copy of the intended billing, together with supporting affidavits and all other necessary documentation, to the Justice Administrative Commission. The Justice Administrative Commission shall review the billings, affidavit, and documentation for completeness and compliance with contractual and statutory requirements. If the Justice Administrative Commission objects to any portion of the proposed billing, the objection and reasons therefor shall be communicated to the private court-appointed counsel. The private court-appointed counsel may thereafter file his or her motion for order approving payment of attorney's fees, costs, or related expenses together with supporting affidavits and all other necessary documentation. The motion must specify whether the Justice Administrative Commission objects to any portion of the billing or the sufficiency of documentation and, if so, the reasons therefor. A copy of the motion and attachments shall be served on the Justice Administrative Commission. The Justice Administrative Commission shall have standing to appear before the court to contest any motion for order approving payment of attorney's fees, costs, or related expenses. The Justice Administrative Commission may contract with other public or private entities or individuals to appear before the court for the purpose of contesting any motion for order approving payment of attorney's fees, costs, or related expenses. The fact that the Justice Administrative Commission has not objected to any portion of the billing or to the sufficiency of the documentation is not binding on the court. The court retains primary authority and responsibility for determining the reasonableness of all billings for fees, costs, and related expenses, subject to statutory limitations.

(3)  The compensation for representation in a criminal proceeding shall not exceed the following:

(a)1.  For misdemeanors and juveniles represented at the trial level: $1,000.

2.  For noncapital, nonlife felonies represented at the trial level: $2,500.

3.  For life felonies represented at the trial level: $3,000.

4.  For capital cases represented at the trial level: $3,500.

5.  For representation on appeal: $2,000.

(b)  If a death sentence is imposed and affirmed on appeal to the Supreme Court, the appointed attorney shall be allowed compensation, not to exceed $1,000, for attorney's fees and costs incurred in representing the defendant as to an application for executive clemency, with compensation to be paid out of general revenue from funds budgeted to the Department of Corrections.

(4)  By January 1, 2004, the Article V Indigent Services Advisory Board shall recommend to the Legislature any adjustments to existing compensation schedules for criminal proceedings and any proposed compensation standards for private attorneys providing representation in civil proceedings in which private court-appointed counsel is required.

(5)  If counsel is entitled to receive compensation for representation pursuant to court appointment in a termination of parental rights proceeding under s. 39.0134, such compensation shall not exceed $1,000 at the trial level and $2,500 at the appellate level.

(6)  A private attorney appointed in lieu of the public defender to represent an indigent defendant may not reassign or subcontract the case to another attorney or allow another attorney to appear at a critical stage of a case who does not meet standards adopted by the Legislature after any recommendations from the Article V Indigent Services Advisory Board.

History.--s. 20, ch. 2003-402.

¹Note.--Effective July 1, 2004.