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Court Appointed, IFC, & Due Process - Information Resources



Frequently Asked Questions are categorized alphabetically and listed here.
The complete Questions and Answers (PDF 971 KB)   is also available to download. TIP:Click on a question to view the Answer.


Responsibilities of Court-Appointed Attorneys

How do I apply for inclusion on a registry?
When do I need to sign a contract with JAC?
When do I notify JAC that I received a case?
When must I submit a billing 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 15% 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 statutory limitations for attorney fees?
What are the flat rates for attorney fees for appointments?
An attorney is appointed to a case in which the information or indictment contains multiple counts. How should the attorney bill the case?
If I am appointed to a case in which another attorney had been appointed on or before June 30, 2007, and who had subsequently withdrawn, what payment will I receive?
If I withdraw from a case and the case is reassigned to another attorney, may I bill immediately upon withdrawal from the case?
If I withdraw from a case and the case is reassigned to another attorney, will I be able to bill the full flat rate?
I have been appointed to a portion of an existing case (i.e., sentencing, resentencing, restitution hearing, etc.); at what rate will I be paid?
The General Appropriations Act shows fee caps for Sexually Violent Predators cases to be only $400. I anticipate that my case will require time in excess of this amount, and that I should be compensated in excess of this limit. What should I do?
The rate for my court-appointed case type is not in the General Appropriations Act. At what rate will I be paid?
The court/clerk made a mistake and appointed me 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 I be paid for my work on the case?
Do I have to keep hourly records if I am billing under a flat rate?
My client in a guardianship case has been determined not to be indigent. I have already been paid by JAC. What do I do?
The State has filed notice that they intend to seek sentencing under the habitual felony and/or prison releasee reoffender laws. How would this reclassify the charge for billing purposes?
If I am appointed to multiple cases for the same defendant, may I bill one case on an hourly basis and the other cases on a flat fee basis?

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 for cases?
What evidence should be presented at hearing?
If the court allows for hourly billing, what are the rates authorized?
May I seek a court order to have a case declared “unusual and extraordinary” prior to final disposition of 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?
Who should sign the voucher covers submitted to JAC?
How do I submit a billing to JAC?
Does JAC pay for travel expenses for privately retained counsel?

Attorney Expenses

May I bill for mileage incurred while providing representation for my court-appointed case or indigent for costs case?
May I bill for costs for postage, telephone calls, copies, and/or online research required to complete my case?
May I 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 I continue to bill in interim?
The defendant in a case to which I am assigned has failed to appear for proceedings. Will I be paid for work I have completed on the case?
The defendant in a case to which I am assigned has been declared incompetent to stand trial. Will I be paid for work I have completed on the case?
My client was placed in a pretrial diversion program. May I bill after this event?
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?
A registry attorney who has executed a standard contract for the circuit is appointed to a case for which the attorney has not been approved for the registry based on the case type or the county. Does the attorney need to execute a separate non-standard contract covering this case?
How do I change my address on file with JAC?
How do I change my Tax Identification number (Tax ID) or Social Security number (SSN)?
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 I hire an out-of-state expert witness?
Must I obtain a court order before ordering a transcript for my court- appointed case?
For appellate transcripts, is an order authorizing the transcript necessary?
An attorney is deposing a witness out-of-circuit. What rates apply?
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?
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?
How much detail should be provided in an hourly invoice submitted by an investigator?
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?
I have been requested to transcribe civil proceedings in a domestic relations case. How do I bill for these services?
Do I 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?
I am a dependency attorney whose case has reached disposition, but has remained under court jurisdiction. The case has been reactivated due to another event. Will I 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 the same case ($200/year after the first year)?
I am the second appointment on a dependency case (the first attorney withdrew). Will the date of appointment for billing purposes be my date of appointment or the original attorney’s date of appointment?
When can I 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.
The parent an attorney is representing in a dependency proceeding signs 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.
After the Department of Children and Families filed a petition to terminate parental rights, the parent an attorney represents signssurrenders. 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. How much can the second attorney bill for representation of a parent?

Capital Cases

I am a privately retained attorney in a capital case. May I move to have a second chair appointed by the court?
I am a second chair attorney in a case in which the death penalty was initially sought. The State Attorney has since withdrawn the notice to seek the death penalty. Should I withdraw from the case?

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 I was appointed to a capital collateral case prior to July 1, 2013, do I 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?
Does JAC pay for an attorney to assist the court-appointed capital collateral counsel?

Cases Appointed pre July 1, 2007 (before SB 1088 became law)

Will attorneys appointed to cases prior to July 1, 2007, who continue to work on the case after July 1, 2007, be paid the new flat fees if the case reaches disposition after the flat fees took effect?
At what rate will I be compensated for cases I am appointed to before July 1, 2007?
If I am appointed to a case which remains active beyond the date the Regional Counsel becomes fully operational, will the Regional Counsel replace me as counsel for the particular case?
Is an attorney required to sign the new contract with JAC in order to receive payment for cases to which they were appointed prior to July 1, 2007?
Can I continue to interim bill?
May I bill for mileage incurred while I provided representation for my court-appointed case?
Must I attach a progress docket sheet or a copy of the clerk’s record of the case to my invoice for hourly fees?

Miscellaneous

Can another attorney work on a case to which I have been appointed?
I’ve been appointed to represent a witness in a criminal proceeding. How do I bill?
Can I submit attorney fee billings online?