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The Florida Statutes

The 2004 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 29
COURT SYSTEM FUNDING
View Entire Chapter
Section 29.014, Florida Statutes 2004

29.014  Article V Indigent Services Advisory Board.--

(1)  There is created the Article V Indigent Services Advisory Board. The board shall exist for the purpose of advising the Legislature in establishing qualifications and compensation standards governing the expenditure of state appropriated funds for those providing state-funded due process services for indigents provided through the courts, state attorneys, public defenders, and private court-appointed counsel. These services include, but are not limited to, court-appointed counsel, court reporting and transcription services, interpreter services, and expert witnesses. Standards recommended by the board shall take into account local variations and market conditions and availability of attorneys and other service providers. The board shall also exist for the purpose of advising the Legislature on cost containment strategies and policies.

(2)  The board shall be composed of 12 members, appointed as follows:

(a)  The Governor shall appoint three members as follows: one state attorney, one public defender, and one clerk of court.

(b)  The President of the Senate and the Speaker of the House of Representatives shall each appoint three members. Of the members appointed by the President of the Senate, one shall be a county commissioner and one shall be an attorney in private practice with significant criminal trial experience. Of the members appointed by the Speaker of the House of Representatives, one shall be a county commissioner and one shall be an attorney in private practice with significant civil trial experience. The President of the Senate and the Speaker of the House of Representatives may each appoint a member from their respective chambers.

(c)  The Chief Justice of the Supreme Court shall appoint three members as follows: three trial court judges, representing a cross-section of small, medium, and large circuits, different regions of the state, and court divisions. Appointments shall be made effective July 1, 2003.

(3)  Members shall be appointed for 4-year terms, except for an appointment to fill an unexpired term, in which event the appointment shall be for the remainder of the unexpired term only. In the case where a member must hold office to be qualified for board membership, the member's term shall also expire upon failure to maintain the office, whichever occurs first.

(4)  The members shall elect a chairperson annually and shall meet at the call of the chairperson, at the request of a majority of the membership, or at the request of the President of the Senate or the Speaker of the House of Representatives. Members shall serve without pay but shall be entitled to reimbursement for their expenses in carrying out their duties as provided in s. 112.061. Public officer members shall be reimbursed through the budget entity through which they are compensated.

(5)  The board shall:

(a)  Recommend qualifications for those providing authorized state-funded due process services, including qualifications for state-funded court reporters, interpreters, and private court-appointed counsel, in addition to those set forth in s. 27.40. At a minimum, the board shall incorporate into the eligibility and performance standards for court-appointed counsel requirements relating to length of membership in The Florida Bar, continuing legal education, and relevant trial experience. At a minimum, the experience standards for criminal cases must require participation in three criminal trials for an attorney to be eligible for a third-degree felony case and five criminal trials to be eligible for a case involving a felony of the second degree or a higher degree.

(b)  Recommend any needed adjustments to existing compensation standards for private court-appointed counsel and other providers of due process services pursuant to s. 27.5304.

(c)  Identify due process services for indigents that should be included on the state contract and bid competitively on a circuit, region, or statewide basis.

(d)  Recommend statewide contracting standards for procurement of state-funded due process services and developing uniform contract forms for use in procuring services.

(e)  Advise the Legislature on strategies and policies to contain costs.

(f)  Recommend uniform standards to be applied by the public defender and the court in determining whether or not there is a conflict of interest pursuant to s. 27.5303.

(6)  To aid in the transition to full implementation of Revision 7 to Article V, the board shall issue its initial recommendations by November 1, 2003. Thereafter, the board shall issue any additional recommendations or revisions thereto by September 1 of each year.

(7)  In preparing budgets and entering into contractual arrangements for the procurement of state-funded due process services for fiscal year 2004-2005, the Chief Justice and the circuit Article V indigent services committees are authorized and encouraged to consider the advice and recommendations of the board.

(8)  The Justice Administrative Commission shall provide staff support to the board.

History.--s. 48, ch. 2003-402.

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