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The Florida Statutes

The 2004 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
Section 27.42, Florida Statutes 2004

27.42  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, or designee from within the office of the public defender.

(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)  No later than October 1, 2004, each circuit Article V indigent services committee shall maintain a registry pursuant to s. 27.40, even when procuring counsel through a competitive bidding process. However, if counsel is procured through a competitive bidding process, the registry shall be used only when counsel obtained through that process is unable to provide representation due to a conflict of interest or reasons beyond their control. The committee shall apply any eligibility and performance standards set by the Legislature.

(c)  Each circuit Article V indigent services committee shall develop a schedule of standard fees and expense allowances for the categories of cases specified in s. 27.5303, consistent with the overall compensation rates in that section and within the amount of appropriated funds allocated by the Justice Administrative Commission to the circuit for this purpose.

(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 Governor, the Chief Justice of the Supreme Court, 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 attorney's 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)  Funds for attorney's fees and expenses for child dependency and civil conflict cases shall be appropriated by the Legislature in a separate appropriations category within the Justice Administrative Commission.

(d)  Any funds the Legislature appropriates for other court-appointed counsel cases shall be as appropriated within the Justice Administrative Commission.

The Justice Administrative Commission shall separately track expenditures on private court-appointed counsel for the following categories of cases: criminal conflict, civil conflict, dependency and termination of parental rights, and guardianship.

History.--s. 14, ch. 2003-402; s. 7, ch. 2004-265.

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