jac banner

Court Appointed, IFC, & Due Process - Information Resources



Frequently Asked Questions are categorized alphabetically and listed here.
The complete Questions and Answers (PDF 388 KB)   is also available to download. TIP:Click on a question to view the Answer.


Responsibilities of Court-Appointed Attorneys

How does an attorney apply for inclusion on a registry?
When does an attorney or due process vendor need to sign a contract with JAC?
When does an attorney notify JAC that the attorney has received a case?
When must a billing be submitted in a case?
If a disposition order is signed by a court, nunc pro tunc to an earlier date, which date does JAC use to determine applicability of the penalty?
When does JAC rely on the nunc pro tunc date in an order?
In a case involving a pretrial diversion program, failure to appear, or defendant found incompetent, what is the date of disposition for purposes of applying a penalty for untimely billing?
How do I know that JAC has all of my cases in the database?

Flat Rates

When did the flat rates become effective?
What are the flat rates for attorney fees for appointments on or after July 1, 2007?
An attorney is appointed to a case in which the information or indictment contains multiple counts. How should the attorney bill the case?
If an attorney withdraws (or is otherwise discharged) from a case and another attorney is appointed to the case, can the original attorney bill immediately upon withdrawal from the case?
If an attorney withdraws from a case to which a new attorney was appointed, will the new attorney be able to bill the full flat rate?
An attorney has been appointed to a portion of an existing case (i.e., sentencing, motion to withdraw plea, restitution hearing, etc.); at what rate will the attorney be paid?
The rate for a court-appointed case type is not in the General Appropriations Act. At what rate will the attorney be paid?
The court/clerk made a mistake and appointed an attorney to a case in which the Office of the Public Defender and/or Office of Criminal Conflict and Civil Regional Counsel should have been appointed. Will the attorney be paid for work on the case?
Does an attorney have to keep hourly records if the attorney intends to bill the flat fee?
The State has filed notice that it intends to seek sentencing under the habitual felony and/or prison release reoffender laws. How would this reclassify the charge for billing purposes?
If an attorney is appointed to multiple cases for the same defendant, may the attorney bill one case on an hourly basis and the other cases on a flat fee basis?
An attorney has been appointed for a resentencing. What is the applicable flat fee?

Extraordinary Billing

Can an attorney seek compensation in excess of the flat fee under the General Appropriations Act?
Are there any requirements that must be met prior to filing a motion for extraordinary compensation?
Who hears a motion for extraordinary compensation?
What evidence should be presented at hearing?
If the court allows for hourly billing, what are the rates authorized?
May an attorney seek a court order to have a case declared “unusual and extraordinary” prior to submission of a billing in a case?

Indigent for Costs

When is JAC authorized to provide costs for an indigent defendant?
How does an attorney have a defendant declared indigent for costs?
After the court declares a defendant indigent for costs, what should the attorney do?
Where can an attorney find the current JAC contract?
Is there a way for an attorney to determine what documents JAC has on file for a case?
What information should the order declaring a defendant indigent for costs contain?
What due process rates apply?
Does JAC pay for travel expenses for privately retained counsel?
Do pro bono attorneys representing children with certain special needs pursuant to s. 39.01305, F.S., have access to due process costs?

Attorney Expenses

May an attorney bill for mileage incurred while providing representation?
May an attorney bill for costs for postage, telephone calls, copies, and/or online research required to complete a case?
May an attorney bill for costs associated with obtaining documents, medical records, or other discovery?
Does JAC pay for mediation expenses in dependency or other civil cases?

Billing

Can an attorney submit interim billings in criminal cases?
The defendant has failed to appear for proceedings. How does the attorney bill?
The defendant has been declared incompetent to stand trial. How does the attorney bill?
The defendant was placed in a pretrial diversion program. How does the attorney bill?
For criminal and delinquency cases, when is a case considered to be on pretrial diversion for billing purposes?
Must I bill simultaneously for all cases appointed on the same defendant within a 30 day period?
If an attorney is appointed to multiple cases for the same defendant within 30 days, what will JAC use as the date of final disposition for purposes of the penalty for untimely billing?
Can JAC require an appellate attorney to submit briefs along with hourly bills?
For a criminal case, what documentation does JAC require as a charging document?
What is the process to change an address on file with JAC?
What is the process to change a tax ID (FEIN)?
An attorney is appointed to represent a defendant in a delinquency case. This case is direct filed as an adult. How does the attorney bill?
If an attorney is appointed to a violation of probation/community control (VOP/VOCC) and is then appointed to a second instance of VOP/VOCC under the same case number, how does the attorney bill?
What is the rate for an appointment to a proceeding on a belated appeal in a criminal case?

Due Process Costs

What due process rates apply?
Does an attorney need to file a motion for due process services and serve JAC with this motion prior to the court approving any due process services?
As a court-appointed counsel can an attorney hire an out-of-state expert witness?
Must a court order be obtained before an attorney may order a transcript for a court-appointed case?
For appellate transcripts, is an order authorizing the transcript necessary?
Does JAC pay expedited rates for transcripts?
When JAC receives an order authorizing deposition transcripts, what will JAC pay for?
Does JAC pay a listening or take down fee when the court reporter transcribes a digital or audio recording?
Does JAC pay for private process servers to serve law enforcement officers?
Does JAC pay for private process servers to serve State Attorneys or Inmates?
Can investigators bill for mileage?
What are the rates for investigators?
Can an investigator bill separately for serving subpoenas?
How does an investigator get appointed to a court-appointed or indigent for costs cases?
What does a private investigator need to enter into a contract with JAC to provide services in court-appointed and indigent for costs cases?
An investigator firm uses more than one investigator on a case. How does the firm bill the services of each investigator?
May a Class CC investigator work on court-appointed or indigent for costs cases?
What types of services by an investigative/mitigation specialist does JAC pay for?
Does a mitigation specialist need to be licensed as a private investigator?
What is the rate for a mitigation specialist in a capital death case?
Can a mitigation specialist be appointed when a defendant is subject to a sentence of life and was a juvenile at the time of the offense?
For guardianship cases, does JAC pay for the examining committee appointed by the court?
May a court reporter bill for the “first hour appearance fee” a second time when appearing at depositions of multiple witnesses in a single session relating to the same defendant?
A court reporter has been requested to transcribe civil proceedings in a domestic relations case. How does the court reporter bill for these services?
Does an attorney need a court order for expedited or rush service of process (subpoenas)?

Dependency and Termination of Parental Rights

For dependency and termination of parental rights appeals, how does an attorney bill the flat fee?
When can the attorney bill for dependency cases?
For a termination of parental rights case, when can an attorney bill the $200 for representation after the first year?
An attorney is appointed to an upfront TPR. If the court denies the petition for TPR but finds the child dependent, when can the attorney bill for the dependency.
A dependency attorney’s client waives disposition. When can the attorney bill the flat fee ($1,000 for appointments made from 7/1/07 to 6/30/08 or $800 for appointments made from 7/1/08 to present)?
In a dependency case, an attorney is appointed at shelter. DCF thereafter files a petition to terminate parental rights in lieu of a petition for dependency. Can the attorney bill for representation on the dependency?
An attorney was appointed to a dependency case which reaches deposition. DCF then files a TPR petition. The trial court does not enter an order of appointment to the TPR. What is the date JAC will use for purposes of billing?
An attorney is appointed to represent a parent in a dependency case. The case has multiple case numbers. Can the attorney bill more than one flat fee?
An attorney is appointed to represent a parent in an ongoing dependency case. After the case reaches disposition, a new child is born into the case. DCF initiates a dependency proceeding as to the new child. The same attorney is appointed to represent the same parent as to the new child. Can the attorney bill a second flat fee under these circumstances?
If an attorney is appointed to represent more than one parent in a dependency case, can the attorney bill more than one flat fee?
In a termination of parental rights case (TPR), how does an attorney certify that he or she either discussed the option of appeal with his or her client, or filed a motion for appeal and appointment of appellate counsel according to s. 27.5304(6)(b), F.S.
An attorney is representing a parent in a dependency proceeding signs who surrenders prior to the filing of a petition to terminate parental rights. The Department of Children and Families then files a petition to terminate the parent’s rights based on those surrenders. Can the attorney bill JAC $1,000 for representing the parent on the termination of parental rights.
An attorney represents a parent who after the Department of Children and Families filed a petition to terminate parental rights, the parent signs surrenders. After the Court terminates parental rights, does the attorney need to include with the billing packet the certification regarding whether the attorney discussed right to appeal with the parent.
An attorney is appointed to a dependency case after another attorney is discharged. The prior attorney was appointed after July 1, 2007. How much can the second attorney bill for representation of a parent?
A closed dependency has been reactivated due to another event and the same attorney has been reappointed. Will the attorney be paid as if this were a new case ($800/ first year for appointments made from 7/1/08 to the present) or as if it were same case ($200/year after the first year)?

Capital Cases

May a privately retained first chair move to have a second chair appointed by the court?
The State Attorney has since withdrawn the notice to seek the death penalty. Should second chair seek to withdraw from the case?
An attorney has been appointed to a death penalty resentencing pursuant to the Hurst line of cases. What is the applicable flat fee?

Capital Collateral Cases

Does JAC pay for attorney fees, costs, or related expenses for private court-appointed attorneys in post conviction capital collateral cases?
If the attorney was appointed to a capital collateral case prior to July 1, 2013, does the attorney need to sign a contract with JAC?
What documents must be submitted to JAC in order to open a capital collateral case for payment purposes?
Will JAC issue payment for billings for capital collateral services rendered prior to July 1, 2013?

Miscellaneous

Can another attorney work on a case to which an attorney has been appointed?
An attorney has been appointed to represent a witness in a criminal proceeding. How does the attorney bill?