(LATE FILED)Amendment
Bill No. 1935
Amendment No. 653439
Senate House

1Representative(s) Kottkamp offered the following:
3     Amendment (with title amendment)
4     Remove line(s) 320-484 and insert:
5     (3)  In utilizing a registry:
6     (a)  Each circuit Article V indigent services committee
7shall compile and maintain a list of attorneys in private
8practice, by county and by category of cases. From October 1,
92005, through September 30, 2007, the list of attorneys compiled
10by the Eleventh Judicial Circuit shall provide the race, gender,
11and national origin of assigned attorneys. To be included on a
12registry, attorneys shall certify that they meet any minimum
13requirements established in general law for court appointment,
14are available to represent indigent defendants in cases
15requiring court appointment of private counsel, and are willing
16to abide by the terms of the contract for services. To be
17included on a registry, an attorney also must enter into a
18contract for services with the Justice Administrative
19Commission. Failure to comply with the terms of the contract for
20services may result in termination of the contract and removal
21from the registry. Each attorney on the registry shall be
22responsible for notifying the circuit Article V indigent
23services committee and the Justice Administrative Commission of
24any change in his or her status. Failure to comply with this
25requirement shall be cause for termination of the contract for
26services and removal from the registry until the requirement is
28     (b)  The court shall appoint attorneys in rotating order in
29the order in which names appear on the applicable registry,
30unless the court makes a finding of good cause on the record for
31appointing an attorney out of order. An attorney not appointed
32in the order in which his or her name appears on the list shall
33remain next in order.
34     (c)  If it finds the number of attorneys on the registry in
35a county or circuit for a particular category of cases is
36inadequate, the circuit Article V indigent services committee
37shall notify the chief judge of the particular circuit in
38writing. The chief judge shall submit the names of at least
39three private attorneys with relevant experience. The clerk of
40court shall send an application to each of these attorneys to
41register for appointment.
42     (d)  Quarterly, beginning no later than October 1, 2004,
43each circuit Article V indigent services committee shall provide
44a current copy of each registry to the Chief Justice of the
45Supreme Court, the chief judge, the state attorney and public
46defender in each judicial circuit, and the clerk of court in
47each county, the Justice Administrative Commission, and the
48Indigent Services Advisory Board with a current copy of each
49registry. From October 1, 2005, through September 30, 2007, the
50report submitted by the Eleventh Judicial Circuit shall include
51the race, gender, and national origin of all attorneys listed in
52and appointed under the registry.
53     (5)  The Justice Administrative Commission shall approve
54uniform contract forms for use in procuring the services of
55private court-appointed counsel and uniform procedures and forms
56for use by a court-appointed attorney in support of billing for
57attorney's fees, costs, and related expenses to demonstrate the
58attorney's completion of specified duties.
59     (7)(a)  An attorney appointed to represent a defendant or
60other client is entitled to payment pursuant to s. 27.5304, only
61upon full performance by the attorney of specified duties,
62approval of payment by the court, except for payment based on a
63flat fee per case as provided in s. 27.5304; and attorney
64submission of a payment request to the Justice Administrative
65Commission. Upon being permitted to withdraw from a case, a
66court-appointed attorney shall submit a copy of the order to the
67Justice Administrative Commission at the time it is issued by
68the court. If an attorney is permitted to withdraw or is
69otherwise removed from representation prior to full performance
70of the duties specified in this section for reasons other than
71breach of duty, the trial court shall approve payment of
72attorney's fees and costs for work performed in an amount not to
73exceed the amounts specified in s. 27.5304. Withdrawal from a
74case prior to full performance of the duties specified shall
75create a rebuttable presumption that the attorney is not
76entitled to the entire flat fee for those cases paid on a flat-
77fee-per-case basis.
78     (b)  The attorney shall maintain appropriate documentation,
79including a current and detailed hourly accounting of time spent
80representing the defendant or other client. These records and
81documents are subject to review by the Justice Administrative
82Commission, subject to the attorney-client privilege and work
83product privilege.
84     Section 2.  Section 27.42, Florida Statutes, is amended to
86     27.42  Circuit Article V indigent services committees;
87composition; staff; responsibilities; funding.--
88     (1)  In each judicial circuit a circuit Article V indigent
89services committee shall be established. The committee shall
90consist of the following:
91     (a)  The chief judge of the judicial circuit or the chief
92judge's designee, who shall serve as the chair.
93     (b)  The public defender of the judicial circuit, or
94designee from within the office of the public defender.
95     (c)  One experienced private criminal defense attorney
96appointed by the chief judge to serve a 2-year term. During the
972-year term, the attorney is prohibited from serving as court-
98appointed counsel.
99     (d)  One experienced civil trial attorney appointed by the
100chief judge, to serve a 2-year term. During the 2-year term, the
101attorney is prohibited from serving as court-appointed counsel.
102     (2)(a)  The responsibility of the circuit Article V
103indigent services committee is to manage the appointment and
104compensation of court-appointed counsel within a circuit
105pursuant to ss. 27.40 and 27.5303. The committee shall also set
106the compensation rates of due-process service providers in cases
107where the court has appointed counsel or declared a person
108indigent for costs, not to exceed any rates specified in the
109General Appropriations Act such that the total amount expended
110does not exceed the amount budgeted in the General
111Appropriations Act for the particular due-process service. The
112circuit Article V indigent services committee shall meet at
113least quarterly.
114     (b)  No later than October 1, 2004, Each circuit Article V
115indigent services committee shall maintain a registry pursuant
116to s. 27.40, even when procuring counsel through a competitive
117bidding process. However, if counsel is procured through a
118competitive bidding process, the registry shall be used only
119when counsel obtained through that process is unable to provide
120representation due to a conflict of interest or reasons beyond
121their control. The committee shall apply any eligibility and
122performance standards set by the Legislature.
123     (c)  Each circuit Article V indigent services committee
124shall develop a schedule of standard fees and expense allowances
125for the categories of cases specified in s. 27.5304 27.5303,
126consistent with the overall compensation rates in that section
127and within the amount of appropriated funds allocated by the
128Justice Administrative Commission to the circuit for this
130     (d)  Each circuit Article V indigent services committee
131shall establish a schedule of standard allowances for due-
132process expenses for cases in which the court has declared a
133person indigent for costs, within the amount of appropriated
134funds allocated by the Justice Administrative Commission to the
135circuit for this purpose.
136     (3)  Notwithstanding any other provision of this section, a
137circuit Article V indigent services committee may approve, and
138the Justice Administrative Commission shall investigate and
139evaluate the use of funds for, alternate models for the
140provision of criminal and civil due-process services and
141representation other than a model based on a per-case fee if a
142more cost-effective and efficient system can be provided. An
143alternate model may include court-reporting services and the
144provision of court-appointed counsel.
145     (4)(3)  The Justice Administrative Commission shall prepare
146and issue on a quarterly basis a statewide report comparing
147actual year-to-date expenditures to budgeted amounts for the
148circuit Article V indigent services committees in each of the
149judicial circuits. Copies of these quarterly reports shall be
150distributed to each circuit Article V indigent services
151committee and to the Governor, the Chief Justice of the Supreme
152Court, the President of the Senate, and the Speaker of the House
153of Representatives.
154     (5)(4)(a)  The funding and positions for the processing of
155committees' fees and expenses shall be as appropriated to the
156Justice Administrative Commission in the General Appropriations
158     (b)  Funds for criminal conflict attorney's fees and
159expenses shall be appropriated by the Legislature in a separate
160appropriations category within the Justice Administrative
161Commission. These funds shall be allocated to each circuit as
162prescribed in the General Appropriations Act.
163     (c)  Funds for attorney's fees and expenses for child
164dependency and civil conflict cases shall be appropriated by the
165Legislature in a separate appropriations category within the
166Justice Administrative Commission.
167     (d)  Any funds the Legislature appropriates for other
168court-appointed counsel cases shall be as appropriated within
169the Justice Administrative Commission.
171The Justice Administrative Commission shall separately track
172expenditures on private court-appointed counsel for the
173following categories of cases: criminal conflict, civil
174conflict, dependency and termination of parental rights, and
175guardianship. From October 1, 2005, through September 30, 2007,
176the Justice Administrative Commission shall also track and issue
177a report on the race, gender, and the national origin of private
178court-appointed counsel for the Eleventh Judicial Circuit.
179     Section 3.  Pilot projects; conflict attorneys.--Pursuant
180to s. 14, Art. V, and s. 25, Art. XII of the State Constitution,
181and s. 27.52, Florida Statutes, and notwithstanding s. 925.037,
182Florida Statutes, pilot projects are created to reimburse three
183counties for reasonable and necessary conflict counsel fees,
184expenses, and costs. The counties designated for the pilot
185projects must institute cost containment and accountability
186processes and provide a detailed quarterly report to the
187Governor, the President of the Senate, the Speaker of the House
188of Representatives, and the Joint Legislative Committee on
189Article V. The report shall include, but is not limited to:
190     (1)  The total number of conflict cases;
191     (2)  The steps that were taken to avoid the conflict, if
193     (3)  The number of each type of case identified with
195     (4)  The length of each case;
196     (5)  The total amount paid to each attorney;
197     (6)  The total year-to-date payments to conflict attorneys;
199     (7)  The method of payment, for example, hourly rate, flat
200fee, contract, or other method of payment,
202and in the Eleventh Judicial Circuit, for a 2-year period, the
203report shall also include race, gender, and national origin
204classification of all private conflict attorneys. All
205information must be broken down based on whether the case was
206given to outside counsel due to an ethical conflict or due to an
207overextended caseload.
209================ T I T L E  A M E N D M E N T =============
210     Remove line(s) 7-23 and insert:
21127.40, F.S., relating to circuit registries for court-appointed
212counsel; requiring that a list of attorneys compiled by the
213Eleventh Judicial Circuit provide certain information on
214assigned attorneys; requiring that an attorney enter into a
215contract to be included on the registry; revising requirements
216for private court-appointed counsel; specifying certain
217information relating to attorneys listed in a registry to be
218contained in a report by the Eleventh Judicial Circuit;
219requiring the Justice Administrative Commission to approve
220uniform procedures and forms for use in billing for attorney's
221fees, costs, and related expenses; requiring that a withdrawal
222order be filed with the commission; revising fee payment
223provisions; providing that withdrawal from a case creates a
224rebuttable presumption of nonentitlement to the entire flat fee;
225amending s. 27.42, F.S.; requiring the circuit Article V
226indigent services committee to establish the compensation rates
227for court-appointed counsel or in cases of indigency; requiring
228each committee to establish a schedule of allowances for due-
229process expenses; authorizing alternate models for providing
230criminal and civil due-process representation; requiring the
231Justice Administrative Commission to track and issue a report
232containing certain information on court-appointed counsel for
233the Eleventh Judicial Circuit; creating pilot projects to
234reimburse certain counties for certain counsel fees, expenses,
235and costs; requiring the counties to institute const containment
236and accountability processes and report to the Governor and
237Legislature; providing report requirements;

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

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