Justice Administrative Commission

Any Capital Collateral Registry attorney who is appointed to a capital collateral postconviction case by a court is responsible for ensuring that the Order of Appointment for the case indicates that:

The documents provided to JAC must clearly indicate that the defendant/client is under sentence of death as affirmed by the Florida Supreme Court in order to distinguish these cases from other postconviction cases. It is the attorney’s responsibility to provide JAC with the Order of Appointment and the Florida Supreme Court opinion affirming the sentence of death.

Each private attorney who is appointed by the court to represent a capital defendant must enter into a contract with the JAC. JAC has replaced the case specific Capital Collateral Contract with a Capital Collateral Registry Contract beginning in Fiscal Year 2021-22. Attorneys will now sign a Capital Collateral Registry Contract each year that will cover all capital collateral appointments up through the end of the state fiscal year on June 30th. Execution of the Capital Collateral Registry Contract is required for new appointments.

• Review copy of the CONTRACT FOR PAYMENTS RELATED TO ATTORNEY SERVICES PROVIDED TO CAPITAL COLLATERAL DEFENDANTS (HEREINAFTER CAPITAL COLLATERAL CONTRACT). 

• Policies and Procedures for Private Court-Appointed Counsel, Indigent for Costs Counsel, and Capital Collateral Private Court-Appointed Counsel 

An executable version of the Capital Collateral Registry Contract is available through MyJAC (JAC’s secure website). First time attorneys wanting to complete a Capital Collateral Registry Contract must contact JAC’s Contracts section via secure email form; please include your name, Bar ID, and preferred email address. Once you are added to JAC’s system, you will receive an email with instructions on how to create a user ID and password to access MyJAC. It is the responsibility of the attorney to ensure that the contact/email information on file with JAC is up to date. Attorneys who have not set up a MyJAC account will need to do so before they can execute the Capital Collateral Registry Contract.

Please know that to execute the Capital Collateral Registry Contract, you must be a member of the Capital Collateral Attorney Registry maintained by JAC. Information about the Capital Collateral Attorney Registry and the forms to apply for inclusion are available at: Capital Collateral Attorney Registry

By law, private attorneys may only be appointed to capital collateral cases from this Registry. Upon appointment, the attorney must notify JAC within 30 days and execute the JAC Capital Collateral Registry Contract per s. 27.710(4), F.S., if the attorney has not already done so.

Additionally, all vendors obtaining payment from JAC are required to submit a Substitute W-9 and register for Electronic Funds Transfer/Direct Deposit (EFT) with the Florida Department of Financial Services (DFS). Prior to executing a JAC contract, please ensure that you have filed your Substitute W-9 and Electronic Funds Transfer (EFT) forms directly with DFS (not JAC). For more information, please contact DFS directly.

If you have not already executed the new Capital Collateral Registry Contract and you HAVE been approved by JAC to participate in the Capital Collateral Attorney Registry, please go to www.justiceadmin.org and log in to MyJAC as follows:

• Go to www.justiceadmin.org and click on the MyJAC login button located at the top right corner of the screen.

• Enter your user ID and password and click “Login”. If you do not recall your user ID/password, click “Forgot your user ID or password?” for instructions on how to retrieve your account information.

• Next, click “Capital Collateral Contract” on the left side navigation menu of the “Welcome to MyJAC” page.

• On the following page, you must certify that you have applied for Electronic Funds Transfer (EFT) and a Substitute W-9 with DFS. (Note: If you do not have a Substitute W-9 on file with DFS and if you do not check both certification boxes, you will be unable to proceed).

• Next, click “Go to Capital Collateral Contract Submission.”

• On the “Contract Generation and Submission” page, in the “Attorney Details” box, you may enter or verify your information, making sure to follow the proper formatting examples. If you need to change your contact information, you may do so by clicking the box at the top right corner of the screen.

• Under the Federal Employer Identification Number (FEIN) and Payee Information section, the FEIN field will auto-populate with the FEIN JAC has on file. If the FEIN is incorrect, check the box indicating that you wish to add/change the FEIN on file. Please note, if an attorney’s FEIN number changes during the course of the year, the attorney must sign a new contract.

• Next, check the box to certify that you have verified all of the information on the form. You must check all certification boxes to continue.

• Click on “Preview Draft Contract” (open, review carefully, and close). You must open, view, and close your contract in order to proceed.

• Next, check the acknowledgment of contract preview box.

• Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions listed on the screen.

• Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the attorney rather than an assistant must be the person electronically signing the contract.

• When JAC receives the contract, you will receive an email confirming receipt to the email address on file. Once the contract has been approved by JAC, an email notification will be sent to you. You may view a copy of the signed contract by logging into your MyJAC account.

IMPORTANT NOTES:

Pursuant to s 27.710(4), F.S., you must execute the Capital Collateral Registry Contract within 30 days of your appointment to a capital collateral case. If you fail to do so, then JAC must notify the trial court. If you have any questions, please contact JAC Contracts for contract-related inquiries or the JAC Online Support Team for billing inquiries.

Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify to PublicRecords@justiceadmin.org.

The current Type 1 and Type 2 Contract for Due Process Services (Due Process Contract) expire at the end of each State Fiscal Year (June 30th) and must be renewed annually. Pursuant to s. 27.425, F.S., the JAC approves uniform contracts and procedures for use in procuring due process services when representing indigent persons in order to demonstrate completion, receipt, and satisfaction with such services for state-payment.

PLEASE BE ADVISED:

• The JAC does not assign work or cases to due process vendors.

• When executing a Due Process Contract, the vendor must certify they hold the necessary occupational and/or professional license(s) to provide services.

• All vendors must utilize a Federal Employer Identification Number (FEIN) to receive payments. For security purposes, JAC does not accept Social Security Numbers (SSN).

• All vendors obtaining payment from JAC are required to submit a Substitute Form W-9 to DFS using a Federal Employer Identification Number (FEIN). JAC will not accept a Substitute Form W-9 filed with a social security number. Information and the form are available through the DFS website. Vendors cannot execute a contract or receive payment without an active W-9 on file with DFS.

• All vendors obtaining payment from JAC are required to register for Electronic Funds Transfer/Direct Deposit (EFT) with the Department of Financial Services (DFS). Information and the forms to register for EFT are available on the DFS website.

• All vendors must have a MyJAC account in order to execute a Due Process Contract. To register for a MyJAC account, please use the following link and follow the on-screen instructions: https://www.justiceadmin.org/login/newVendor.aspx

• Vendors must register with MyJAC and execute a new contract anytime their FEIN changes.

• Vendors who are Florida Retirement Service (FRS) member must submit a FRS Employment Certification form before any contract will be approved. Please be aware that if you have retired within the last 12 months, your retirement benefits may be negatively affected if you receive payments from JAC. The form is available at: https://www.myfrs.com/pdf/forms/cert.pdf. Please submit completed forms to: JAC Contracts.

• Per s. 27.5305, F.S., Florida law prohibits the appointment of out-of-state due process vendors. This provision bars payment of travel expenses for such vendors absent a specific finding that there are no due process vendors with the appropriate skill or expertise in Florida. Also, if a due process vendor lists a Florida address as their place of business, the vendor waives any right to travel expenses to travel to Florida absent extraordinary circumstances.

The Type 1 Contract for Due Process Services (Type 1 Due Process Contract) is for vendors providing ordinary due process services in private court-appointed cases such as court reporters, interpreters, videographers, private investigators, mitigation specialists, and private process servers. This contract provides that all services will be compensated at the rates established by the Legislature or by JAC where the Legislature has not established a rate. If a vendor bills in excess of the established rates, JAC will be authorized to adjust the billing to the correct rate and then process the billing for payment.

• Review copy of 2023-2024 Type 1 Contract for Due Process Services (Due Process Contract)

• Policies and Procedures for Due Process Vendors 

The Type 2 Contract for Due Process Services (Type 2 Due Process Contract) is for vendors providing extraordinary services such as psychologists, psychiatrists, medical doctors, and experts. Although these services should be at the established rates, the contract provides a mechanism to exceed those rates where the vendor's expertise or other factors warrant compensation at a rate higher than established rates. Except in exceptional circumstances, the Type 2 Due Process Contract will not be executed with vendors of ordinary due process services such as court reporters and private investigators.

• Review copy of 2023-2024 Type 2 Contract for Due Process Services (Due Process Contract)

• Policies and Procedures for Due Process Vendors 

LICENSE REQUIREMENTS:

• Investigators: Valid A-license and C-license numbers of the investigator who owns the investigative firm are required to be listed on the Due Process Contract. No contract will be approved unless both licenses are valid.

• Mitigation Specialists: Must provide either (1) a valid A-license and C-license number, or (2) a Florida Bar number and be in good standing with the Florida Bar, or (3) a professional Florida license in a field such as mental health or psychology (i.e. Licensed Clinical Social Worker).

• Experts: Applicable license(s) and experience.

• Out-of-State Vendors: License(s) may be optional.

Instructions to complete a Due Process Contract:

• Sign into MyJAC.

• Click on “Vendor Contracts” to submit a current fiscal year contract.

• You must certify that you have applied for EFT (Electronic Funds Transfer) and a Substitute W-9 directly with DFS. Note: If you do not check both certification boxes, you cannot proceed.

• You must select whether you are a Florida Retirement System (FRS) member. If you are a FRS member, your contract submission will be rejected if you do not submit a completed FRS Certification form.

• Click “Go to Vendor Contract Submission.”

• Your FEIN and the Contract year will auto-populate at the top of the screen.

• Select the service category(ies) and sub categories for the services you are willing to provide.

• Select any circuit(s) and county(ies) where you are willing to provide services. Please Note: Out-of-State Vendors cannot select Circuits or Counties.

• Add any additional information about your services in the Comments Box, if needed. Please be aware that most information entered in the Comments Box will be published on JAC’s website unless you choose not to enter any information.

• The “vendor details” page will list the categories and circuits you selected.

• If your information automatically populates, please verify the information. Keep in mind:

  • The vendor name field must be identical to your W-9 name on file with the Department of Financial Services (DFS).
  • If any contact information is incorrect, select “Check here if you wish to change Name/Contact Information.”

• If no information automatically populates, complete all required fields.

• In the next section, click the check box if you want your information published in JAC’s Due Process Vendor with Contract list on JAC’s website. Please note: Vendors claiming a records exemption and Out-of-State Vendor information will NOT be posted on JAC’s website.

• In the next section, enter the INDIVIDUAL License Number and the FIRM License Number, if applicable. See below for license requirements:
  • Investigators: Valid A-license and C-license number of the investigator who owns the investigative firm are required to be listed on the Due Process Contract. No contract will be approved unless both licenses are valid.
  • Mitigation Specialists: Must provide either (1) a valid A-license and C-license number, or (2) a Florida Bar number and be in good standing with the Florida Bar, or (3) a professional Florida license in a field such as mental health or psychology (i.e. Licensed Clinical Social Worker).
  • Experts: Applicable license(s) an experience.
  • Out-of-State Vendors: License(s) may be optional.

• Click the License Certification box. Selection of this box is REQUIRED to proceed.

• Under the “Payee Information,” Legal Entity or Sole Proprietor (Principal Owner) section, you must select one option, either “Legal Entity” or “Sole Proprietor”. Next, enter the name of the Authorized Representative. The name must be the name of the person authorized to execute the contract, not the company name.

• Under the Certification and Preview Draft Contract section, select the checkbox in the last section to certify that you have verified all the information and that the information is correct. Please read and select each checkbox to certify all statements.

• After making all certifications, you must carefully preview the draft contract to continue. Click on “Preview Draft Contract.”

• Once you have reviewed the preview draft contract, you must select the checkbox stating: I acknowledge that I have read the preview of the contract.

• Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions on the screen.

• Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the vendor or an individual authorized to sign on behalf of the company/vendor must be the person electronically signing the contract.

IMPORTANT NOTES:

Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify to PublicRecords@justiceadmin.org.