Bill Text: FL S2508 | 2014 | Regular Session | Introduced
Bill Title: Executive Clemency
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-03 - Laid on Table, companion bill(s) passed, see HB 5303 (Ch. 2014-59), HB 5001 (Ch. 2014-51) [S2508 Detail]
Download: Florida-2014-S2508-Introduced.html
Florida Senate - 2014 SB 2508
By the Committee on Appropriations
576-03313-14 20142508__
1 A bill to be entitled
2 An act relating to executive clemency; amending ss.
3 27.51 and 27.511, F.S.; removing authority of the
4 trial court to appoint counsel for executive clemency
5 proceedings; amending s. 27.5303, F.S.; removing
6 authority of the court rendering judgment imposing the
7 death penalty to appoint counsel for executive
8 clemency proceedings; amending s. 27.5304, F.S.;
9 removing authority for payment to the appointed
10 attorney for representing a defendant in an
11 application for executive clemency after the
12 imposition of a death sentence; creating s. 940.031,
13 F.S; authorizing the Board of Executive Clemency to
14 appoint private counsel to represent a person
15 sentenced to death in an executive clemency
16 proceeding; authorizing compensation of up to a
17 specified amount to the appointed attorney from the
18 General Revenue Funds appropriated to the Parole
19 Commission; providing legislative intent; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (a) of subsection (5) of section
25 27.51, Florida Statutes, is amended to read:
26 27.51 Duties of public defender.—
27 (5)(a) When direct appellate proceedings prosecuted by a
28 public defender on behalf of an accused and challenging a
29 judgment of conviction and sentence of death terminate in an
30 affirmance of such conviction and sentence, whether by the
31 Florida Supreme Court or by the United States Supreme Court or
32 by expiration of any deadline for filing such appeal in a state
33 or federal court, the public defender shall notify the accused
34 of his or her rights pursuant to Rule 3.850, Florida Rules of
35 Criminal Procedure, including any time limits pertinent thereto,
36 and shall advise such person that representation in any
37 collateral proceedings is the responsibility of the capital
38 collateral regional counsel. The public defender shall then
39 forward all original files on the matter to the capital
40 collateral regional counsel, retaining such copies for his or
41 her files as may be desired. However, the trial court shall
42 retain the power to appoint the public defender or other
43 attorney not employed by the capital collateral regional counsel
44 to represent such person in proceedings for relief by executive
45 clemency pursuant to ss. 27.40 and 27.5303.
46 Section 2. Subsection (9) of section 27.511, Florida
47 Statutes, is amended to read:
48 27.511 Offices of criminal conflict and civil regional
49 counsel; legislative intent; qualifications; appointment;
50 duties.—
51 (9) When direct appellate proceedings prosecuted by the
52 office of criminal conflict and civil regional counsel on behalf
53 of an accused and challenging a judgment of conviction and
54 sentence of death terminate in an affirmance of such conviction
55 and sentence, whether by the Supreme Court or by the United
56 States Supreme Court or by expiration of any deadline for filing
57 such appeal in a state or federal court, the office of criminal
58 conflict and civil regional counsel shall notify the accused of
59 his or her rights pursuant to Rule 3.850, Florida Rules of
60 Criminal Procedure, including any time limits pertinent thereto,
61 and shall advise such person that representation in any
62 collateral proceedings is the responsibility of the capital
63 collateral regional counsel. The office of criminal conflict and
64 civil regional counsel shall forward all original files on the
65 matter to the capital collateral regional counsel, retaining
66 such copies for his or her files as may be desired or required
67 by law. However, the trial court shall retain the power to
68 appoint the office of criminal conflict and civil regional
69 counsel or other attorney not employed by the capital collateral
70 regional counsel to represent such person in proceedings for
71 relief by executive clemency pursuant to ss. 27.40 and 27.5303.
72 Section 3. Subsection (4) of section 27.5303, Florida
73 Statutes, is amended to read:
74 27.5303 Public defenders; criminal conflict and civil
75 regional counsel; conflict of interest.—
76 (4)(a) If a defendant is convicted and the death sentence
77 is imposed, the appointed attorney shall continue representation
78 through appeal to the Supreme Court. The attorney shall be
79 compensated as provided in s. 27.5304. If the attorney first
80 appointed is unable to handle the appeal, the court shall
81 appoint another attorney and that attorney shall be compensated
82 as provided in s. 27.5304.
83 (b) The public defender or an attorney appointed pursuant
84 to this section may be appointed by the court rendering the
85 judgment imposing the death penalty to represent an indigent
86 defendant who has applied for executive clemency as relief from
87 the execution of the judgment imposing the death penalty.
88 (c) When the appointed attorney in a capital case has
89 completed the duties imposed by this section, the attorney shall
90 file a written report in the trial court stating the duties
91 performed by the attorney and apply for discharge.
92 Section 4. Subsection (5) of section 27.5304, Florida
93 Statutes, is amended to read:
94 27.5304 Private court-appointed counsel; compensation;
95 notice.—
96 (5) The compensation for representation in a criminal
97 proceeding may shall not exceed the following:
98 (a)1. For misdemeanors and juveniles represented at the
99 trial level: $1,000.
100 (b)2. For noncapital, nonlife felonies represented at the
101 trial level: $2,500.
102 (c)3. For life felonies represented at the trial level:
103 $3,000.
104 (d)4. For capital cases represented at the trial level:
105 $15,000. For purposes of this paragraph subparagraph, a “capital
106 case” is any offense for which the potential sentence is death
107 and the state has not waived seeking the death penalty.
108 (e)5. For representation on appeal: $2,000.
109 (b) If a death sentence is imposed and affirmed on appeal
110 to the Supreme Court, the appointed attorney shall be allowed
111 compensation, not to exceed $1,000, for attorney fees and costs
112 incurred in representing the defendant as to an application for
113 executive clemency, with compensation to be paid out of general
114 revenue from funds budgeted to the Justice Administrative
115 Commission.
116 Section 5. Section 940.031, Florida Statutes, is created to
117 read:
118 940.031 Clemency counsel when sentence of death has been
119 imposed.—
120 (1) The Board of Executive Clemency may appoint private
121 counsel to represent a person sentenced to death for relief by
122 executive clemency at such time as the board deems appropriate
123 for clemency consideration. The board shall maintain a list of
124 private counsel available for appointment under this section.
125 (2) The appointed private counsel shall be compensated by
126 the board up to $10,000 for attorney fees and costs incurred in
127 representing the person for relief by executive clemency, with
128 compensation to be paid out of the General Revenue Fund from
129 funds appropriated to the Parole Commission.
130 (3) It is the intent of the Legislature that the fee
131 prescribed under this section be the full and complete
132 compensation for appointed private counsel. It is further the
133 intent of the Legislature that the fee in this section be
134 prescribed for the purpose of providing counsel with notice of
135 the limit on the amount of compensation for representation under
136 this section. Appointment of counsel for executive clemency
137 under this section shall be at the board’s sole discretion. The
138 provision of counsel for relief by executive clemency under this
139 section does not create a statutory right to counsel in such
140 proceedings.
141 Section 6. This act shall take effect July 1, 2014.
