Tag Archives: SB 1960

Florida’s Fourth DCA Denies Petition Seeking Review of Constitutionality of S.B. 1960; Third DCA Has Still Not Issued Decision

Posted by

Since it’s cyber Monday, I’ll keep the post short so you can return to your holiday online shopping.

I am sorry to say that on November 19, 2012, the 4th DCA issued an order denying the petition in DelGaizo v. Chief Judge, Seventeenth Judicial Circuit, No. 4D12-2548.  Florida’s criminal defense and criminal appeals attorneys know that SB 1960, which was passed by the Florida Legislature this past summer, severely cut the fees that court appointed counsel can earn.  For my previous posts on the topic, click here and here.  Since no opinion was issued, we will never know the Court’s reasoning.  All that appears on the docket is an entry for an Order denying the Petition.

However, all hope is not lost.  The same issue remains pending in the 3rd DCA, in the matter of Markus v. Hon. Joel H. Brown, No. 3D12-2034.  According to the docket, the last activity was the Petitioner’s filing of the Reply in support of the petition for writ of certiorari, quo warranto, and prohibition, filed on October 22, 2012.  I’ll be sure to keep you posted of any developments.

Florida Legislature Votes to Change How Court Appointed Attorneys Are Paid-Again

Posted by

The word is spreading fast among South Florida’s criminal defense lawyers.  In a last minute legislative maneuver, the Florida legislature passed SB 1960, a bill which takes effect July 1, 2012.  The bill changes the way court appointed attorneys are paid in Florida-again-by creating two registries: a “general registry,” and a “limited registry.”  If you are an attorney that is currently on a court-appointment wheel, you may soon be getting an e-mail from your judicial circuit administrator asking you if you want to be listed on the general registry, or the limited registry.  According to the language of SB 1960, attorneys on the limited registry will be limited to a statutory cap on their attorney’s fees.  The caps, as outlined in soon-to-be-effective section 27.5304, entitled “Private court-appointed counsel; compensation,” provides the following caps on fees:

(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: $15,000.  The Bill defines a “capital case” as “any offense for which the potential sentence is death and the 280 state has not waived seeking the death penalty.”

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

See SB 1960, section 27.5304(5).  Attorneys will only be permitted to exceed the statutory cap upon the filing, and granting, of a motion. See SB 1960, section 27.5304(12).

A word of caution to criminal defense attorneys who opt to be listed on the “general registry:” pursuant to SB 1960, section 27.40, if your circuit creates a “limited registry,” the court will have to make appointments from the “limited registry” first, and then only from the “general registry” if there are “no attorneys available to accept the appointment on the limited registry.”  See SB 1960, section 27.40(3).

If you are an attorney who takes appointments to criminal cases, you might want to take a few moments and read the bill in its entirety.