CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 760, 2009 WL 249231
...Thus, the Commission rightly notes that it did not have all the information necessary to make a payment determination in these cases until after the attorneys submitted their fee bills and the Commission reviewed them for compliance with statutory and contractual requirements. See § 27.5304(2),(4) Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11226, 2009 WL 2450520
...§
27.40(2); Crist,
978 So.2d at 138. Chapter 2007-62 also made several major changes to the manner in which private counsel are compensated for their services on behalf of indigent clients. [2] First, chapter 2007-62 established a new flat fee system. Section
27.5304(5) provides in pertinent part: The compensation for representation in a criminal proceeding shall not exceed the following: (a) 1....
...This flat fee schedule obviously provides minimal compensation in cases that prove to be complicated or time-consuming for appointed counsel. Second, chapter 2007-62 recognized that it might be necessary to exceed the statutory maximums "on rare occasions" in cases "that require[ ] extraordinary and unusual effort." § 27.5304(12)....
...These procedures include prior notice to the Justice Administrative Commission (JAC), an opportunity for the JAC to review and object to the proposed billing, the filing of an appropriate motion, *629 and a hearing before the chief judge of the circuit or a designee. § 27.5304(12)(a). At the hearing, the chief judge or designee is directed to "consider criteria such as the number of witnesses, the complexity of the factual and legal issues, and the length of trial." § 27.5304(12)(b)(1)....
...the flat fee, unless the chief judge or designee determines that such an amount would be confiscatory, in which case the chief judge or designee may order compensation at a maximum hourly rate of $75 for noncapital cases and $100 for capital cases. § 27.5304(12)(d)....
...Under prior law, an attorney could request a judicial determination that a matter was "extraordinary and unusual" while the case was pending. If so, counsel's services would be eligible for billing at an hourly rate, and the JAC could pay the attorney as the case progressed, usually at six-month intervals. § 27.5304(2), (10), Fla....
...(2006). Under chapter 2007-62, however, court-appointed counsel must not only wait until final disposition of the case to be paid but must also wait until final disposition to learn if payment for his or her services will qualify for the hourly rate. See § 27.5304(3), (12)(d)....
...in the compensation system on the criminal defense bar as follows: Since the typical "extraordinary and unusual" case can be active for several months, if not years, and routinely consume hundreds of hours of professional time, the last sentence of section 27.5304(3) has proven to be an effective disincentive for the private bar....
...The circuit court selected Mr. Hagopian's name from the Involuntary Appointment List. Mr. Hagopian promptly filed a motion to withdraw [4] and requested a hearing. In his motion, Mr. Hagopian asserted four grounds for relief. First, the compensation available under section 27.5304 would be insufficient to compensate him for the work necessary to provide effective representation to Mr....
...Hagopian's need to maintain his law practice and Mr. Green's right to counsel, the circuit court devised a detailed plan under which Mr. Hagopian would be compensated for representing Mr. Green. The cornerstone of this plan was the circuit court's ruling that section 27.5304 was unconstitutional in certain respects as applied to payment for Mr....
...Hagopian's services in representing Mr. Green. The circuit court ruled: This case is "extraordinary and unusual." The statutory fee, even if increased 200% is inadequate and would be confiscatory of the attorney's services. Accordingly, the court finds section 27.5304, Florida Statutes (2007)[,] as it relates to the statutory fee cap, the restrictions on judges exceeding the flat fee under certain circumstances, and the requirement that private attorneys wait until the end of the case to receive compensation to be unconstitutional as applied to defendant Terry Green....
...Hagopian for his representation of Mr. Green. The guidelines and procedures devised by the circuit court may be summarized as follows: (1) Mr. Hagopian's compensation would be paid at the rate of $110 per hour instead of $75 per hour, the maximum hourly rate authorized under section 27.5304 for noncapital cases. (2) Mr. Hagopian would be allowed to be reimbursed "for unusual [sic] litigation costs, including photocopying or postage expenses related to the case." (3) Mr. Hagopian and the JAC were to follow the provisions of section 27.5304(12)(a) relative to the review of invoices and the filing of motions for payment....
...Hagopian by the *636 appointment is so great that it creates an inherent conflict between him and Mr. Green. Third, whether Mr. Hagopian is forced into a contract with the JAC under the circuit court's order or is to be paid under the provisions of section 27.5304, the circuit court's order violates Mr....
...The JAC In its response to Mr. Hagopian's petition, the JAC notes that it participated in the hearing in the circuit court "solely to preserve its objections to compensation inconsistent with the parameters of Chapter 27[,] particularly sections
27.40 and
27.5304, Florida Statutes (2007)." [5] The JAC takes no position on whether the circuit court departed from the essential requirements of the law in denying Mr....
...Hagopian with the ruin of his successful solo law practice. By any standard, the involuntary appointment to Mr. Green's defense was an unreasonable financial burden for Mr. Hagopian. To be sure, under the circuit court's order, Mr. Hagopian was to be compensated at a higher rate for indigent defense than section 27.5304(12)(d) authorized $110 per hour instead of $75 per hour....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 1119, 2012 WL 254882
...y force in certain circumstances. After a one-day hearing, the trial court granted the motion to dismiss. The state appealed the dismissal of the charge, but later filed a voluntary dismissal of the appeal. Petitioner then filed a motion pursuant to section 27.5304(12), Florida Statutes (2009), requesting the chief judge to declare the case to be extraordinary, authorize petitioner to bill the Justice Administrative Commission (JAC) at the rate of $75.00 per hour, and approve the attached invoice billing 230.4 hours in the total amount of $17,280.00....
...After the hearing, the trial court entered an order finding the case required extraordinary and unusual effort, but further finding double the flat fee would not be confiscatory because "the amount of extraordinary and unusual effort required was limited." This petition follows. Section 27.5304(12), Florida Statutes (2009), provides in pertinent part: (d) If the chief judge or designee finds that counsel has proved by competent and substantial evidence that the case required extraordinary and unusual efforts, the chief judge...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15623, 2009 WL 3320588
...THE PARTIES' ARGUMENTS The JAC argues that the circuit court's order departs from the essential requirements of law by approving compensation for Mr. Lenamon at an hourly rate that exceeds the maximum hourly rate established by law. The JAC points out that in accordance with section 27.5304(12)(d), Florida Statutes (2007), the hourly rate payable to a court-appointed attorney in a capital case may not exceed $100 per hour....
...registry of attorneys available for appointment pursuant to section
27.40. § 27.42(2)(a)-(b). Most pertinent to this case, each ISC was required to "develop a schedule of standard fees and expense allowances for the categories of cases specified in s.
27.5304, 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." § 27.42(2)(c)....
...Second, the Act established a new flat fee system for compensating court-appointed counsel in a variety of matters. Ch. 2007-62, § 11, Laws of Fla. One of the Act's effects is to standardize rates for court-appointed counsel throughout the state. Under the amendments made to section 27.5304 by the Act, the flat fee payable for representing an accused in a capital case at the trial level is $15,000. [4] § 27.5304(5)(a)(4), Fla. Stat. (2007). The Act added a new subsection (12) to section 27.5304....
...Subsection (12) details the circumstances and procedures governing payment *1162 to court-appointed counsel of amounts exceeding the new flat fees. This new subsection begins with an acknowledgment by the legislature "that on rare occasions an attorney may receive a case that requires extraordinary and unusual effort." § 27.5304(12)....
...ly rate not to exceed $75 per hour for a noncapital case and $100 per hour for a capital case. However, the compensation calculated by using the hourly rate shall be only that amount necessary to ensure that the total fees paid are not confiscatory. § 27.5304(12)(d) (emphasis added)....
...on (12)(d) requires the chief judge or designee to conduct an analysis that may require two steps. In the first step of the requisite analysis, the chief judge or designee must determine whether the case required "extraordinary and unusual efforts." § 27.5304(12)(d)....
...e analysis by finding that the payment of $30,000 would be confiscatory, the applicable hourly rate payable to ensure that the total fees paid are not confiscatory is $100. V. DISCUSSION The JAC's position is relatively straightforward. It relies on section 27.5304(12)(d) as setting the maximum hourly rate payable to court-appointed counsel in a capital case at $100 per hour. In response, Mr. Lenamon contends that section 27.5304(12)(d) is not controlling....
...Payments after that date would be at [the] adopted rate of $125 per hour. References to the "current" rate freeze and the current economic hardships clearly indicated that the rate was to go into [e]ffect after the rate freeze was lifted. We disagree. Mr. Lenamon's argument ignores the impact of subsection (12)(d) of section 27.5304. The new subsection (12) in section 27.5304 became effective on May 24, 2007....
...Lenamon's appointment by approximately five weeks. Accordingly, subsection (12)(d) controls the hourly rate payable for Mr. Lenamon's services. The hourly compensation rate prescribed in the statute is "not to exceed ... $100 per hour for a capital case." § 27.5304(12)(d)....
...e adequate representation for the accused. Id. at 1112. Makemson did not address the issue of exceeding hourly compensation rates established by statute. Here, the interim fee awarded to Mr. Lenamon substantially exceeds the flat rate established by section 27.5304(5)....
...nsel to represent the defendant. Moreover, the circuit court made no such finding in its order. Cf. *1165 Hagopian v. Justice Admin. Comm'n,
18 So.3d 625 (Fla. 2d DCA 2009) (discussing a trial court order entered after an evidentiary hearing finding section
27.5304 unconstitutional as applied in a complex, multidefendant, racketeering and conspiracy prosecution and authorizing payment for appointed counsel at an hourly rate of $110 per hour instead of $75 per hour)....
...Second, Mr. Lenamon voluntarily accepted the appointment and signed a contract with the JAC. Mr. Lenamon's contract with the JAC limits his compensation in accordance with the schedule of fees in effect at the time of his appointment. As we have seen, section 27.5304(12)(d) provides that payments to an attorney in a capital case made at an hourly rate are not to exceed $100 per hour....
...1st DCA 2000), approved,
827 So.2d 925 (Fla.2002). VI. CONCLUSION For the reasons stated above, the circuit court departed from the essential requirements of law by awarding compensation to Mr. Lenamon on the basis of an hourly rate that exceeds the maximum hourly rate authorized by section
27.5304(12)(d)....
...However, the question before us is whether payment at a rate exceeding $100 per hour is authorized by law, not whether it is fair and reasonable. [4] A "capital case" is defined as "any offense for which the potential sentence is death and the state has not waived seeking the death penalty." § 27.5304(5)(a)(4), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 832780, 2012 Fla. App. LEXIS 4127
...ilty verdict. Petitioner sought $16,335 in fees in his amended fee application in the 2008 case, and $95,872.50 in his amended fee application for the 2009 case. At the evidentiary hearing on his motion to exceed the statutory fee limits pursuant to section 27.5304(12), Florida Statutes, petitioner presented expert testimony that the statutory limit on fees would be totally inadequate and confiscatory in these two cases....
...difficult economic times. The JAC filed a response shortly after this petition was filed, acknowledging that the trial court orders constituted a departure from the essential requirements of law based on consideration of matters beyond the scope of section 27.5304(12)....
...on authorizing payment of attorney's fees, such as here. Art. II, § 3, Fla. Const. Cf. Chiles v. Children A, B, C, D, E, & F,
589 So.2d 260 (Fla.1991). We agree with petitioner and the JAC that the trial court considered matters beyond the scope of section
27.5304(12), Florida Statutes, and that it departed from the essential requirements of law in doing so....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6643805, 2013 Fla. App. LEXIS 20004
...Despite the seeming agreement as to the reasonableness of this bill in relation to the services provided, the trial court ruled that it would award $15,000 — 200 hours at $75 per hour. We recognize that the trial court is not bound by the decision made by the JAC. See § 27.5304(3), Fla....
...Accordingly, we grant the petition and remand for reconsideration of the fee motion. Granted. KHOUZAM and SLEET, JJ., Concur. . A fee award may not exceed 200 percent of the statutory flat fee absent a specific finding by the court that double the flat fee would be confiscatory. See § 27.5304(12)(d), Fla. Stat. (2012). Here, based on his August 2011 appointment, the flat fee to be paid to Mr. Watts was $2000. See § 27.5304(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 1514314
...Phillips, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J. R.R. appeals the order establishing $1000 as the amount of the public defender lien for legal services rendered. [1] The court established that amount in accordance with section 27.5304(3), Florida Statutes, which sets $1000 as the maximum fee for court-appointed counsel in juvenile cases....
...value of the services rendered by the public defender. The court granted that motion and, without considering any evidence to establish the reasonable hourly rate or the amount of time spent on the case, reduced the lien to $1,000 in accordance with section 27.5304(3), Florida Statutes, which sets the maximum fee for court-appointed counsel in juvenile cases.
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 WL 926774
...the information and nolle prosse the original charges if the defendant would agree to
plead no contest to a charge of accessory after the fact. The defendant accepted the
offer. Subsequently, Petitioner filed a motion for attorney’s fees pursuant to section
27.5304, Florida Statutes, seeking payment of $24,802.50 for the 330.7 hours he
expended representing the defendant....
...Notwithstanding the fact that Petitioner was on
1
Appellate courts uniformly require circuit courts to make factual findings regarding
the reasonable number of hours expended by counsel when counsel seeks a fee award
in excess of the statutory rate pursuant to section 27.5304, Florida Statutes....
...nonetheless departed from the essential requirements of the law.
As background, Parker-Cyrus was appointed to represent a defendant charged
with various felonies. After the representation concluded, Parker-Cyrus moved for
payment of his legal fees pursuant to section 27.5304(12), Florida Statutes, stating
that he worked 330.7 hours, which amounted to $24,802.50 at $75 per hour....
... of justice would not be served by disposing of the pending petition without leave to
amend and thereby avoiding the merits).
Turning to whether the trial court departed from the essential requirements of
law in fashioning its fee award, the starting point is section 27.5304(12), Florida
Statutes, which provides in pertinent part:
(d) If the chief judge or designee finds that counsel has proved by
competent and substantial evidence that the case required extraordinary
and unusual effor...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 2494685, 2013 Fla. App. LEXIS 9276
...JAC objected, and Watts filed a motion for fees in the circuit court 1 and set a hearing on the matter. At the fee hearing, counsel for JAC did not argue that the hours expended by Watts were unreasonable but simply informed the court that the statutory flat fee was $2500. See § 27.5304(5)(a)(2), Fla....
...Instead, the court awarded Watts twice the statutory flat fee, or $5000. It did not reject the reasonableness of the number of hours Watts expended or the corresponding hourly rate but simply stated that $5000 was not confiscatory. This was error. Section 27.5304(5)(a)(2) provides for a flat fee of $2500 for representation of an indigent defendant charged with a non-capital, nonlife felony at the trial level. The court is permitted to award fees at a percentage above this flat fee if the case “required extraordinary and unusual efforts.” § 27.5304(12)(d)....
...In this case, it does not appear that the circuit court considered these factors in determining the extent it should exceed the statutory fee cap. The court made the requisite finding of extraordinary and unusual efforts to support its decision to exceed the statutory fee under section 27.5304(12)(d)....
...City of Jacksonville,
827 So.2d 925 (Fla.2002), upholding fees at a rate of $40 per hour. JAC also points to this court’s decision in Kelly v. State,
75 So.3d 1257 (Fla. 2d DCA 2011) (table), upholding fees at a rate of $50 per hour. However, Sheppard was decided under the predecessor to section
27.5304, which provided for hourly fees at a rate set by the chief judge....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2596209, 2014 Fla. App. LEXIS 8899
...After Tracey Redd filed this petition for writ of certiorari seeking to quash the circuit court’s order awarding her attorney’s fees in an amount less than requested for her services as court-appointed co-counsel for a defendant in a capital murder case, see § 27.5304, Fla....
...The jury found Mr. Dunn guilty as charged, but his attorneys were successful in limiting the penalty to life imprisonment. After entry of Mr. Dunn’s judgment and sentence, Ms. Redd submitted a bill for $162,820 to the Justice Administrative Commission (JAC). See § 27.5304(4)(a), (b)(1). The JAC filed a letter of objection to Ms. Redd’s bill, noting that an order from a circuit court judge was necessary to exceed the $15,000 statutory maximum on compensation for services by co-counsel in death penalty cases. See § 27.5304(5)(a)(4), (12)(d). Ms. Redd then filed a motion with the chief judge of the circuit court seeking an order approving payment of attorney’s fees in excess of the statutory maximum. See § 27.5304(12)(a). After an evidentiary hearing, the circuit court filed an order on December 13, 2013, awarding Ms. Redd $118,000 in attorney’s fees. Section 27.5304(12)(b)(2) requires the court, after holding an evidentiary hearing, to “enter a written order detailing his or her findings and identifying the extraordinary nature of the time and efforts of the attorney in the case which warrant e...
...27.530.]” On December 23, 2013, Ms. Redd served a motion for reconsideration and clarification asking the court to rehear the matter and requesting another evidentiary hearing. On January 14, 2014, the circuit court denied the motion, noting that section 27.5304 “does not authorize a motion for reconsideration or rehearing of an order granting excess attorney fees.” On February 12, 2014, Ms....
...Redd’s petition for writ of certiorari is timely only if her motion for rehearing was authorized and timely so as to toll final rendition of the order awarding her attorney’s fees until the circuit court filed its order denying her motion for rehearing. We hold that Ms. Redd’s petition is timely because section 27.5304 constitutes a special statutory proceeding governed by the civil rather than criminal rules of procedure. A motion filed pursuant to section 27.5304(12) is not an act of the State initiating prosecution against a criminal defendant....
...efendant charging her with committing a criminal act.” (footnote omitted)). Rather, the court-appointed attorney must wait until final disposition of the defendant’s judgment and sentence to initiate the process to recover attorney’s fees, see § 27.5304(4)(a), and may only seek an award in excess of the statutory maximum by filing a motion with the chief judge of the circuit court. See § 27.5304(12)(a)....
...(“Criminal proceedings are the only ones clearly excluded from the coverage of the [Florida Rules of Civil Procedure].”). As part of a special statutory proceeding governed by the Florida Rules of Civil Procedure, a motion for rehearing of an order entered pursuant to section 27.5304(12)(b)(2) awarding attorney fees is authorized if timely served. Although the circuit court noted that section 27.5304 does not explicitly authorize motions for rehearing of final orders awarding attorney fees, it is of equal significance that section 27.5304 does not specifically prohibit motions for rehearing....
...Redd’s decision to file a petition for writ of certiorari instead of a notice of appeal is fully supported by the case law. See Sheppard & White, P.A. v. City of Jacksonville,
827 So.2d 925 , 928 n. 3 (Fla.2002). The case law, however, evolved prior to the enactment of section
27.5304. See §
27.5304, Fla. Stat. (2004), added by ch. 2003-402, § 20, at 3670-71, Laws of Fla. (effective July 1, 2004); see also ch. 2003-402, § 153, at 3762, Laws of Fla. (effective July 1, 2004) (repealing sections 925.035-.037). The predecessors to section
27.5304 also permitted compensation in excess of the statutory máximums provided by section 925.036, Florida Statutes (2003), but merely required “a finding by a circuit court that the criminal case involved extraordinary circumstances suc...
...Under subsection (12) of the current statute, the motion filed with the chief judge effectively creates a separate statutory proceeding between the attorney and JAC, as the style of this case reflects, which ultimately results in the *1089 JAC directly compensating the attorney rather than the county. See § 27.5304(1), (12)(f)(l)-(2), Fla. Stat. (2013). In this case, the clerk of the circuit court docketed Ms. Redd’s section 27.5304(12) motion on the docket in Lee County Case number 08-CF-14594, which is the underlying criminal case in which she represented Mr....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 1453, 2010 WL 475204
...ion of parental rights cases. If there is an objection, the court retains primary authority and responsibility for determining the reasonableness of all billings for attorney's fees, costs, and related expenses, subject to statutory limitations. See § 27.5304(3), Fla....
CopyCited 1 times | Florida 3rd District Court of Appeal
...s counsel spent
and his reasonable hourly rate. No invoices or bill records were presented
and no evidentiary hearing was conducted. This was truly arbitrary and
contrary to section
938.29, Florida Statutes.
Even so, the State points us to section
27.5304, Florida Statutes, to
justify the fee. See §
27.5304, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 20502, 2009 WL 5152648
...eparted from the essential requirements of the law in awarding respondent, court-appointed counsel, attorney's fees where the JAC was not served with respondent's motion for fees and where the trial court did not conduct a hearing on the motion. See § 27.5304, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 11846, 2008 WL 2986661
PER CURIAM. The Justice Administrative Commission (JAC) petitions this court for a writ of certiorari to quash an order requiring the JAC to pay a court-appointed attorney fee of $2,000 or each of the three separate felonies. Because section 27.5304, Florida Statutes, prohibits fee “stacking” and authorizes compensation only for the most serious offense where a defendant is charged with multiple offenses in a single case, counsel was entitled to compensation of a single flat fee of $2,000 for the most serious offense....
...k and re-arrest Jones on each separate offense. The court overruled the objections and denied the motion. On June 19, 2007, the trial court entered an order approving payment of $6000 for attorney’s fees, costs or related expenses. Florida Statute section 27.5304 controls....
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 13394, 2017 WL 4182946
...ving Payment of Attorney’s Fees,
Costs, or Related Expenses" entered on behalf of James R. Jupena, Esq., relating to his
representation of J.K. (Father), the father of C.C., a child. Because the trial court’s order
was entered in violation of section 27.5304(6)(a), Florida Statutes (2016), without the
requisite findings required by section 27.5304(12), Florida Statutes (2016), we grant the
petition.
Jupena was appointed by the trial court to represent Father, who was found to be
indigent, in dependency proceedings as to Father’s four minor children, M.K., J.K., M.K.,
and A.K....
...Thereafter, the trial court proceeded to disposition as to the four children and
directed Father to enter into a case plan. Following the disposition hearing, Jupena
submitted a billing request to the JAC for the statutory initial flat fee of $800. See §
27.5304(6)(a)1., Fla....
...n hourly rate with interim billings for
complicated RICO case was properly raised in petition for certiorari review).
2
for the flat fee amount of $200 for the second year of the dependency case. See §
27.5304(6)(a)2., Fla....
...or his representation of Father in the disposition
proceeding as to C.C. The JAC rejected the billing on the basis that it had previously paid
Jupena $1000 in accordance with his representation of Father in all of Father’s
dependency cases. See § 27.5304(6)(a), Fla....
...acknowledged that C.C. had been added to Jupena’s existing representation of Father,
and that Jupena sought the $800 as the statutory initial flat fee, or in the alternative, as
extraordinary compensation. The JAC filed a response, explaining that section
27.5304(6)(a) precluded Jupena from receiving a second statutory initial flat fee of $800.
The JAC also argued that Jupena’s motion violated his contract2 with the JAC and also
2
The JAC contract executed by Jupena states in Paragraph XVIII(6) that, "[i]n an
ongoing Ch. 39 or Ch. 63, F.S., case, an additional child is not a new appointment or a
new case for billing purposes."
3
failed to comply with section 27.5304(12) because Jupena had failed to provide the
requisite documents, including his hourly billing, to justify his request for extraordinary
compensation.
Thereafter, Jupena withdrew his motion and filed a second motion seeking the
initial flat fee of $800 or, in the alternative, to exceed the statutory fee limit set forth in
section 27.5304. His second motion was identical to the first, except that Jupena did not
specifically request extraordinary compensation. The JAC objected, relying on section
27.5304(6)....
...1st DCA 2006) (quoting Combs v. State,
436 So. 2d 93, 96 (Fla.
1983)). The elements of material injury and the absence of adequate remedy on appeal
serve as jurisdictional requirements for certiorari relief. Gonzalez v. State,
15 So. 3d 37,
39 (Fla. 2d DCA 2009).
Section
27.5304(6)(a) provides the following for payment to private court-
appointed counsel in dependency cases:
4
(6) For compensation for representation pursuant to a court...
...If counsel
handling the dependency proceeding is not authorized to
handle proceedings to terminate parental rights, the counsel
must withdraw and new counsel must be appointed.
(Emphasis added). The plain reading of section 27.5304(6)(a) precludes Jupena from
seeking an additional initial flat fee of $800 from the JAC for his representation of the
Father as it relates to C.C. absent a pleading by Jupena and a finding by the trial court
that the case required extraordinary or unusual effort. See § 27.5304(12), Fla. Stat.
Section 27.5304(12) provides in relevant part:
5
(12) The Legislature recognizes that on rare occasions an
attorney may receive a case that requires extraordinary and...
...g
incompetent and ineffective representation due to low fee rates." Watts v. Just. Admin.
Comm’n,
135 So. 3d 357, 358 (Fla. 2d DCA 2013) (citing White v. Bd. of Cty. Comm'rs of
Pinellas Cty.,
537 So. 2d 1376, 1379-80 (Fla. 1989)).
Under section
27.5304(12), when private court-appointed counsel files a motion
seeking payment of attorney’s fees or extraordinary compensation, the motion must
specify whether the JAC objects to any portion of the billing or to the sufficiency of the
documentation, and the motion must include the JAC’s letters stating its objection. §
27.5304(12)(a)2., Fla. Stat. The attorney bears the burden to prove the entitlement to
attorney’s fees, costs, or related expenses. Id. at §
27.5304(12)(b)(1).
First, the trial court must determine whether "counsel has proved by competent
and substantial evidence that the case required extraordinary and unusual efforts." Just.
Admin. Comm’n v. Lenamon,
19 So. 3d 1158, 1162 (Fla. 2d DCA 2009) (quoting §
27.5304(12)(d), Fla....
...Comm’n,
78 So. 3d
105, 107 (Fla. 1st DCA 2012)); accord Watts,
135 So. 3d at 358. If the trial court finds
the attorney has met his burden, the trial court may grant or award compensation up to
two hundred percent of the applicable flat fee. See §
27.5304(12)(d), Fla. Stat.
Here, the JAC has established that the trial court’s order constitutes a departure
from the essential requirements of the law for two reasons: first, under section
27.5304(6)(a), counsel is not entitled to an additional $800 flat fee for representing Father
in the dependency case related to C.C. because the plain meaning of the statute
precludes it; and second, to the extent counsel sought additional compensation pursuant
to section
27.5304(12), the order fails to include the required findings regarding Jupena’s
"extraordinary" time and effort or reasonable hours expended related to his representation
of Father in the dependency proceedings related to C.C.3 According...
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 14398, 32 Fla. L. Weekly Fed. D 2193
...Administrative Order P-2006-194 was adopted pursuant to section 27.42(2)(a), Florida Statutes (2006). Although contained in the administrative order, the compensation rates were established by the indigent services committee, and approved by the chief judge of the circuit. [2] Pursuant to section 27.5304(2), Florida Statutes (2006), JAC is responsible for administering private court-appointed attorney compensation at the state level....
...Attorneys appointed to represent indigent parents in juvenile dependency, CINS/FINS and related proceedings will be entitled to compensation at the rate of $850 per case (payable upon entry of an order of disposition, conclusion of a 12-month permanency review, or following a judicial review hearing) (see § 27.5304(7), Florida Statutes)....
...ch additional hours of service. [2] The chief judge of the judicial circuit is normally the chair of the committee. See § 27.42(1)(a), Fla. Stat. (2006). [3] The three intervals for payment provided in the Administrative Order track the language of section 27.5304(7), Florida Statutes (2006). Section 27.5304(7), Florida Statutes, which provides that private court-appointed counsel representing a parent in a dependency case may submit a request to JAC at the three intervals noted above, but in no case may a request be submitted more than o...
CopyPublished | Supreme Court of Florida
reasonableness of” costs like the ones at issue. §
27.5304(3), Fla. Stat. (2022). And while Sexton asserts
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 5595718, 2013 Fla. App. LEXIS 16232
WOLF, J. Petitioner, Michael Bossen, seeks review of an order awarding him attorney’s fees for representing an indigent defendant pursuant to section 27.5304, Florida Statutes (2012)....
...fee award was not confiscatory without first making a finding regarding the reasonable number of hours expended by petitioner. See Fletcher v. *998 Justice Admin. Comm’n,
109 So.3d 1271, 1272 (Fla. 1st DCA 2013) (“When awarding fees pursuant to section
27.5304, the trial court is required to make a finding as to the reasonable number of hours expended by counsel in the case before it can determine whether a fee award would be confiscatory.”)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 5925088, 2013 Fla. App. LEXIS 17588
...He submitted a bill to the Justice Administrative Commission (“JAC”) for $8,100 — at a rate of $75 an hour. Because this amount exceeded statutory and contractual limitations on his fees, Petitioner filed a motion for excess attorney fees pursuant to section 27.5304(12)(d), Florida Statutes (2013)....
...ts of law in limiting Petitioner to double the flat fee without making any findings as to the reasonable number of hours worked. However, as explained below, such findings were not necessary in this case. The statutory flat fee in this case is $800. Section 27.5304(12)(d), Florida Statutes (2013), provides: If the chief judge or a single designee finds that counsel has proved by competent and substantial evidence that the case required extraordinary and unusual efforts, the chief judge or single...
...The trial court must also make findings as to the number of hours reasonably expended by the attorney to determine whether the fee award was confiscatory. Zelman v. Justice Admin. Comm’n,
78 So.3d 105, 107 (Fla. 1st DCA 2012). However, in the first step of the analysis under section
27.5304(12)(d), Florida Statutes, the trial court must determine whether counsel has proved by competent and substantial evidence that the case required “extraordinary and unusual efforts.” Justice Admin....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 17590, 2008 WL 4949131
...(JAC) on the grounds that Truskoski was not authorized to represent L.M. on her second appeal. In initially denying Truskoski’s request for compensation on the second appeal, the trial court found that the request was barred by the application of section 27.5304(6)(a), Florida Statutes (2007)....
...In his motion, Truskoski correctly observed that prior to the enactment of this new statute, there was no impediment to his appointment as appellate counsel. The trial court granted the motion for rehearing to the extent that it acknowledged that newly enacted section 27.5304(6)(a) was inapplicable to the case....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128
...nd termination of parental rights proceedings in the lower tribunal. Subdivision (g)(4)(A) authorizes motions requesting appointment of appellate counsel only when a substantive provision of general law provides for appointment of appellate counsel. Section 27.5304(6), Florida Statutes (2008), limits appointment of appellate counsel for indigent parents to appeals from final orders adjudicating or denying dependency or termination of parental rights. In all other instances, section 27.5304(6), Florida Statutes, requires appointed trial counsel to prosecute or defend appellate cases arising from a dependency *63 or parental termination proceeding in the lower tribunal....
CopyPublished | Florida 3rd District Court of Appeal
...Therefore, death was
still a viable option for the State even as late as November 2021.
Mr. Wahid argued that the rate provision in the contract was unfair and thus
unenforceable because it was unconscionable.
On November 13, 2023, the JAC responded and contended that under
section 27.5304(12), Florida Statutes (2023), and the express terms of the
JAC Registry Contract executed by Mr....
...Wahid executed.
Paragraph III(13) of the JAC Registry Contract provided the following:
If Attorney intends to seek compensation in excess of the flat fee
set forth in the General Appropriations Act, Attorney agrees not
to seek compensation at an hourly rate in excess of the hourly
rates set forth in s. 27.5304(12), F.S....
...ed petition
for writ of certiorari is granted. See Still v. Justice Admin. Com’n,
82 So. 3d 1168, 1170 (Fla. 4th DCA 2012) (holding that certiorari
lies to compel reconsideration of compensation awarded to
counsel under section
27.5304(12), Florida Statutes)....
...Wahid outlines when a
case can be billed at the $100 per hour capital case rate. In cases involving
extraordinary and unusual efforts, a capital case is compensated at a
statutory rate not to exceed $100 per hour, and a non-capital case is
compensated at a statutory rate not to exceed $75 per hour. See §
27.5304(12)(d), Fla....
...However, it is undisputed that the State did not
comply with section
782.04(1)(b); accordingly, it could not seek the death
penalty.
10
Consequently, the case Mr. Wahid was working on was not a capital case
for purposes of billing under the terms of section
27.5304(12)(d) and
Paragraph III(13) of the JAC Registry Contract.
Moreover, Mr....
...Meets any minimum requirements established by thechief
judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases
requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services,
s. 27.5304, and this section.
Here, Mr....
...The JAC is the entity that administers
payments to court-appointed counsel. As previously discussed, the term
“capital case” is defined in the JAC Registry Contract.
13
It is consistent with sections
27.5304(5)(d),
27.5304(12)(d), and
782.04(1)(b), Florida Statutes (2023). Thus, the trial court was required to
enforce that provision of the contract. Justice Admin. Comm’n v. King,
988 So.
2d 160, 161 (Fla. 4th DCA 2008) (“This construction [of section
27.5304,
Florida Statutes] is consistent with the construction of the statute put forward
by the JAC, the agency charged with its interpretation and enforcement.”).
Mr....
...Wahid contends the JAC Registry Contract is unconscionable
because it would require him to notify the State that the defendant had not
been arraigned on the indictment, and thus, there would be a conflict with Mr.
Wahid’s financial interest. According to section 27.5304, Florida Statutes
(2023), compensation is paid to court-appointed attorneys mainly on a flat fee
15
basis....
...contract. The trial court
departed from the essential requirements of law by finding it was
unenforceable and authorizing the higher attorney fee rate applicable only in
capital cases to this non-capital case as defined pursuant to the terms of
section 27.5304(12)(d), Florida Statutes (2023), and the JAC Registry
Contract....
...The filing of a notice of intent to seek death pursuant to section
17
782.04(1)(b), Florida Statutes (2023), by the State is a condition precedent
to determining if a case qualifies for the $100 per hour billing rate for
capital cases under section
27.5304(12)(d)....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 8154
SAWAYA, J. R.R. appeals the order establishing $1000 as the amount of the public defender lien for legal services rendered. 1 The court established that amount in accordance with section 27.5304(3), Florida Statutes, which sets $1000 as the maximum fee for court-appointed counsel in juvenile cases....
...value of the services rendered by the public defender. The court granted that motion and, without considering any evidence to establish the reasonable hourly rate or the amount of time spent on the case, reduced the lien to $1,000 in accordance with section 27.5304(3), Florida Statutes, which sets the maximum fee for court-appointed counsel in juvenile cases.
CopyPublished | District Court of Appeal of Florida | 2017 Fla. App. LEXIS 6131
...While Hamilton addressed whether a defendant is entitled to an ex parte proceeding to obtain expert assistance, that case involved—and the supreme court’s holding was based on—rule 3.216(a), which is inapplicable to our case. Cf. Fla. R. Crim. P. 3.220(m) (governing in camera and ex parte proceedings); § 27.5304(3), Fla....
CopyPublished | Florida 4th District Court of Appeal
...However, if our presumption is
correct, then the circuit court’s written judgment, ordering the defendant
to pay the $5,000 as “FEL CASE PD ATTY FEES,” and without the private
conflict attorney first having complied with the statutory JAC
compensation procedures, still would be error. See generally § 27.5304,
Fla....
...t proof of the higher fees
incurred, make factual findings supporting such higher fees, and amend
the judgment accordingly; or (3) amend the judgment to direct that private
appointed counsel may seek his requested $5,000 fee from the JAC
pursuant to section 27.5304’s procedures for compensation of private
court-appointed counsel....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2477, 2009 WL 763569
PER CURIAM. R.M., the father, and E.H., the mother, appeal from an order terminating parental rights to their children, Z.M. and I.M. We affirm on all issues without discussion except for the argument that section 27.5304(6)(b)l.b, Florida Statutes (2007), is unconstitutional. Chapter 27, part III of the Florida Statutes, governs Public Defenders and Other Court Appointed Counsel. Section 27.5304(6)(b), entitled “private court-appointed counsel; compensation,” provides: (6) For compensation for representation pursuant to a court appointment in a proceeding under chapter 39: [[Image here]] (b) At the trial level, compensati...
...peal forever.” This argument suggests that under this statute a court-appointed attorney who cannot find his client after a final order is entered cannot file a notice of appeal which is not signed by the client. That is not what the statute says. Section 27.5304(6)(b)l.b only requires that in order for counsel to receive payment for his trial level representation, he must certify that (1) he has discussed grounds for appeal with the parent or he has tried to contact the parent and was unable...
...has not been filed or an appeal has been filed as well as a motion for appointment of appellate counsel signed by the parent. The statute does not require that the notice of appeal be signed by the parent, only the motion for appointment of counsel. Section 27.5304(6)(b)l.b does not modify the procedural rules which govern who is required to sign a notice of appeal....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11091, 2011 WL 2732666
CRENSHAW, Judge. Michelle Berthiaume served as private, court-appointed counsel to a criminal defendant and filed a motion for attorney’s fees pursuant to section 27.5304, Florida Statutes (2009), to receive compensation for her representation....
...equirements of law by summarily denying Berthiaume’s motion for attorney’s fees. We grant the petition, quash the trial court’s order denying the motion for fees, and remand for further proceedings. When Berthiaume filed her motion pursuant to section 27.5304(12)(a), requesting fees in excess of the statutory limits, the JAC objected to the proposed billing, and the trial court scheduled a hearing on the motion....
...Because of Berthi-aume’s failure to appear, the trial court— without further inquiry — summarily denied her motion for attorney’s fees. Ber-thiaume’s motion for rehearing offered an explanation for her absence, but it was also summarily denied by the court. Section 27.5304(12)(b) requires the trial court to (1) hold an evidentiary hearing on a motion to exceed the fee limits and (2) enter a written order detailing the trial *1283 court’s findings....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 51469, 2014 Fla. App. LEXIS 189
...and improperly considered the court’s own budgetary issues in determining the fee to be set. Counsel petitions for certiorari review of the fee award. 1 We grant the petition, agreeing that the court failed to make the necessary factual findings. Section 27.5304, Florida Statutes (2010), provides for the compensation of private *495 court-appointed counsel. First, it sets a flat fee of $2,500 for trial representation for a noncapital, nonlife felony. 2 § 27.5304(5)(a)2„ Fla....
...Second, it creates a process for claiming fees in excess of the flat fee for extraordinary work. § 27.5804(12), Fla. Stat. (2012). Where counsel seeks compensation exceeding the statutory flat fee, the attorney sends his/her billing to the Justice Administrative Commission (JAC) for review. § 27.5304(12)(a)l., Fla. Stat. (2012). The JAC must review the bills and communicate in writing its objections, if any, to private counsel. § 27.5304(12)(a)2., Fla....
...Counsel must thereafter file a motion for payment in excess of the flat rate with the chief judge of the circuit, specifying any objections by JAC. Id. The chief judge must then hold a hearing at which the attorney must prove that the case “required extraordinary and unusual efforts.” § 27.5304(12)(b)l., Fla. Stat. (2012). The statute sets forth criteria that the court must consider. Id. Section 27.5304(12)(b)2....
...e attorney in the case which warrant exceeding the flat fee established by this section and the General Appropriations Act.” The statute permits the court to award up to double the flat fee if a lawyer shows unusual or extraordinary circumstances. § 27.5304(12)(d), Fla....
...“However, the compensation calculated by using the hourly rate shall be only that amount necessary to ensure that the total fees paid are not confiscatory.” Id. Fees in excess of the statutory flat rate are paid first from funds appropriated to the JAC. § 27.5304(12)(f)2., Fla....
...Pursuant to a 2012 legislative amendment, if those funds are exhausted, any further payments of excess fees shall be made from the due process funds appropriated to the state court system in a statewide pool administered by the Trial Court Budget Commission (TCBC). § 27.5304(12)(f)3„ Fla....
...Justice Administrative Commission,
82 So.3d 1168 (Fla. 4th DCA 2012), we held that the court departed from the essential requirements of law in considering the state’s ability to pay such an award given the difficult economic times. Such matters were beyond the scope of section
27.5304(12)....
...compensation to court-appointed counsel. See Anderson v. E.T.,
862 So.2d 839, 840 (Fla. 4th DCA 2003). . We use the flat fee amount set forth in the 2010 statute, because the petitioner was appointed on August 19, 2010. We note, however, that while section
27.5304(1) provides that the flat fees prescribed in the statute "are limitations on compensation," it also provides that: "The specific flat fee amounts for compensation shall be established annually in the General Appropriations Act.” The...
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 113, 2015 WL 72451
...Redd requested compensation at
the rate of $100 per hour for a total of $162,820.00. She also sought reimbursement for
expenses. The Justice Administrative Commission (the JAC) initially objected to the
request on the grounds that the fees requested exceeded the statutory flat fee limit of
$15,000 set forth in section 27.5304, Florida Statutes (2012), and that certain costs
requested were not reimbursable. The JAC further advised Ms. Redd that in order to
exceed the $15,000 cap, she needed to obtain an order from the circuit court in
accordance with section 27.5304(12)(b)....
...challenging an award of
attorney's fees to court-appointed counsel." Sheppard & White, P.A. v. City of
Jacksonville,
827 So. 2d 925, 928 n.3 (Fla. 2002). But see Redd v. Justice Admin.
Comm'n,
140 So. 3d 1085, 1088-89 (Fla. 2d DCA 2014) (noting that section
27.5304,
enacted in 2004, created "a separate statutory proceeding between the attorney and
JAC ....
...is motion as a motion for rehearing and
denied it without a hearing.
II. THE APPLICABLE LAW
In considering an award of fees to appointed counsel in excess of the flat
fee established by law we look to section 27.5304(12)....
...hour for a noncapital case and $100 per hour for a capital
case. However, the compensation calculated by using the
hourly rate shall be only that amount necessary to ensure
that the total fees paid are not confiscatory.
§ 27.5304(12)(d).
There is no doubt that Ms....
...ording Ms. Redd a full
and fair opportunity to be heard on this issue constitutes a denial of due process. As we
said in Watts:
We recognize that the trial court is not bound by the
decision made by the JAC. See § 27.5304(3), Fla....
...hours for which she would be paid by twenty-seven percent.
Contrary to the circuit court's ruling in its order denying Ms. Redd's motion
for reconsideration or clarification, "a motion for rehearing of an order entered pursuant
to section 27.5304(12)(b)(2) awarding attorney fees is authorized if timely served."
Redd v....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1587, 2011 WL 362423
...After receiving this additional information, the court denied the motion without explaining its reasoning. Under Florida law, private court-appointed attorneys are entitled to reimbursement from the state revenue of “reasonable and necessary expenses” in accordance with section
29.007(6), Florida Statutes (2009). §
27.5304(1), Fla....
...Although the JAC is the entity that provides compensation for such fees and costs, the trial court has the “primary authority and responsibility for determining the reasonableness of all billings for attorney’s fees, costs, and related expenses, subject to statutory limitations.” § 27.5304(1), (3)....
CopyPublished | District Court of Appeal of Florida
establishing flat fees for compensation. See §
27.5304(1), Fla. Stat. (2019). The Justice Administrative
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 6635872, 2013 Fla. App. LEXIS 19916
...s 1 at $2,000. 2013 Fla. Laws Ch. 2012-118 at 132. 2 If counsel seeks fees in excess of the statutory flat fee, the attorney seeking compensation must prove by competent, substantial evidence that the case required extraordinary and unusual efforts. § 27.5304(12)(b)l., Fla. Stat. (2012). If the chief judge makes this finding, the chief judge must then determine whether the flat fee or double the flat fee would be confiscatory. § 27.5304(12)(d), Fla....
...The petitioner’s client was charged with attempted first-degree felony murder and attempted armed robbery. Pursuant to the respective statutes, the client faced life in prison. See §§
782.051(1),
775.087(2)(a)(2),
812.13(2)(a), &
777.04(1), Fla. Stat. (2012). . Section
27.5304(1), Florida Statutes (2012), states that the General Appropriations Act establishes the flat fee rate.
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1338657, 2013 Fla. App. LEXIS 5471
...The court, without explanation, found that an award of $35,000 would be appropriate under the circumstances, and it attached a memorandum that was sent to all court-appointed conflict' counsel about the court’s ability to award excess *1272 attorney’s fees due to the 2012 amendment to section 27.5304, Florida Statutes. The Legislature has set a flat fee of $15,000 for compensating court-appointed private attorneys who represent indigent defendants in capital cases. § 27.5304(5)(a)4., Fla. Stat. (2012). However, the Legislature provided a procedure for counsel to seek excess fees in cases that require extraordinary and unusual efforts. § 27.5304(12), Fla....
...inds that 200% of the flat fee would be confiscatory, the chief judge is required to calculate the amount of fees necessary to ensure that the total fees paid are not confiscatory by using an hourly rate not exceeding $100 per hour in capital cases. § 27.5304(12)(d), Fla. Stat. (2012). When awarding fees pursuant to section 27.5304, the trial court is required to make a finding as to the reasonable number of hours expended by counsel in the ease before it can determine whether a fee award would be confiscatory....
...and quash the fee award. Petitioner also argues that the trial court departed from the essential requirements of the law by citing to budgetary concerns when it limited his fee award. The court’s budgetary concerns arose from the 2012 amendment to section 27.5304....
