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Court Appointed, IFC, & Due Process - Information Resources

JAC Frequently Used Terms are listed alphabetically.

Attorney Fees Affidavit - a sworn, written statement used in an indigent for costs proceeding signed by the defendant indicating the estimated amount and the source of their attorney fees.

Capital Case - for billing purposes, a criminal case in which the death penalty is being sought or where it has not been waived and is death eligible.

Certification of Costs - an official report based on JAC’s current business records to establish the amount paid or potentially payable by the State of Florida through JAC in a specific case(s).

Charging Document - in criminal cases, a charging document is issued by the State Attorney listing the charges of a crime:

  • in a felony case, the charging document is the Information or Indictment;
  • when no charges are filed, the charging document is the Probable Cause Affidavit or Police Report and the State Attorney’s notice that no charges will be filed;
  • in a misdemeanor case, the charging document is the Arrest Report;
  • in a violation of probation or community control, the charging document is the Violation Affidavit; and
  • in cases in which charges were filed and then dropped, the charging document is the State’s notice of nolle pros.

Clerk’s Application for Indigent Status - the clerk of the court shall determine whether an applicant seeking such designation is indigent based upon the information provided in the application and the criteria prescribed in the statute.

Court-Appointed Attorney (CAC) - an attorney appointed by the court to provide legal services to an indigent individual.

Court-Appointed Registry - a list of private attorneys approved by the Chief Judge of the Circuit eligible to be appointed as private court-appointed counsel for indigent persons.

Department of Financial Services (DFS) - the State office which issues payments (checks or electronic funds transfers) pursuant to s. 215.422, F.S. JAC processes billings for payment by DFS.

Due Process Rates - rates paid to due process service providers. See the rates listed on our Rates page. Also see the Rate Chart for billing in Tenths  .

Due Process Services - non-attorney services used during legal representation to protect an individual’s right to due process, including the services of court reporters, interpreters, investigators, expert witnesses, process servers, etc.

Ex parte - Latin phrase meaning “by or for one party without notification to or argument from the adverse parties.”

Expert Witness - a person who is permitted by the court to evaluate, testify or perform specialized work due to special knowledge or proficiency in a particular field that is relevant to a case.

Extraordinary Compensation - request for and payment of any rate above the flat rate for attorney fees. In order to receive extraordinary compensation, an attorney must demonstrate that the matter involved unusual and extraordinary effort pursuant to s. 27.5304(12), F.S.

Fiscal Year - the State fiscal year commences on July 1st and concludes on June 30th of the following year. In most instances, changes in law or JAC Contracts affecting attorneys and due process providers will correspond to the state fiscal year.

Flat Fee - an attorney fee set by the Florida Legislature. The flat fee by case type is set annually in the General Appropriations Act pursuant to s. 27.5304(1), F.S.

Florida Substitute W-9 form - an electronic form that must be submitted to Department of Financial Services (DFS) by all court-appointed attorneys and due process service vendors in order to be eligible to receive payment.

General Appropriations Act (GAA - Annual Legislative act which appropriates funds for payment of court-appointed counsel and due process services and sets the rates for such payments.

Indigent for Costs (IFC) - a case type in which an indigent defendant is represented by privately retained counsel or is proceeding Pro Se and is eligible for the State to pay due process costs.

Interim Billing - for hourly attorney fees in a criminal case, the submission of a bill before final disposition of a criminal case, i.e., when the court dismisses the charges, withholds adjudication, or adjudicates the defendant guilty.

Investigative Services - services such as locating and interviewing witnesses; locating and securing documents and other evidence relevant to the case; performing background checks; and researching any other factual issues relevant to the case such as credibility and character of witnesses. Investigative services do not include administrative tasks including, but not limited to, retrieving discovery from the state attorney; copying documents from a court file; delivering materials to the defendant; or any other tasks which are paralegal or secretarial in nature.

Investigator - a person who provide investigative services to attorneys and pro se defendants. A private investigator providing services in Florida must be licensed pursuant to Florida law. JAC is not authorized to pay for any private investigator services provided in Florida by a person not properly licensed pursuant to Florida law.

JAC Invoice - JAC form for payment that is submitted with supporting documents. By signing this document, an attorney and/or vendor certifies the validity and accuracy of the billing.

JAC Contract for Attorney Services - JAC annual contract for services which is a prerequisite for payment of court-appointed attorney fees for registry appointments.

JAC IFC Contract - JAC annual contract for due process services and attorney reimbursement in indigent for costs cases.

JAC Non-Standard Due Process Contract - JAC case-specific contract for due process vendors that otherwise mirrors the Type 2 Due Process Contract. This Contract is generally used with out-of-state vendors and in other instances where JAC or the vendor is unwilling to enter a Type 1 or Type 2 Contract, i.e., where the vendor only desires to provide services in a single case.

JAC Type 1 Due Process Contract - the 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 provided at the rates established by law.

JAC Type 2 Due Process Contract - the Type 2 Due Process Contract is for vendors such as psychologists, psychiatrists, medical doctors, and experts who provide extraordinary services. Although these services should be at the established rates, the Contract provides a mechanism to exceed those rates where the expertise of the vendor or other factors warrants compensation at a rate higher than established rates. Except in extraordinary 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.

Mitigation Specialist - the mitigation specialist provides services unique to capital cases in which the state is seeking a potential sentence of death. A mitigation specialist assists attorneys in developing mitigating evidence for use during the penalty phase of a capital case.

Nunc pro tunc - Latin phrase meaning “dating back to a previous date” or retroactive. This phrase is typically used in judicial orders referring to an earlier ruling that was not reduced to writing. This language is often used in orders of appointment.

MyJAC - JAC’s secure website at https://www.justiceadmin.org/login/login.aspx for court-appointed attorneys and due process service vendors to manage their account information.

Order of Appointment - court order appointing an attorney to represent an indigent criminal defendant or civil respondent after conflict has been found to disqualify representation by the Public Defender and Office of Civil and Criminal Regional Conflict Counsel (Regional Counsel).

Ore tenus - Latin phrase meaning “by word of mouth” or oral.

Overhead Expenses - expenses incurred by court-appointed attorneys, such as postage, telephone calls, copies and/or online research for which JAC does not pay.

Pro Se - Latin phrase meaning when a defendant appears as his/her own attorney.

Sua Sponte - Latin phrase meaning “of its own accord” indicating that the court addressed an issue that was not raised by any litigants.

Travel Expenses - expenses reimbursable pursuant to s. 112.061, F.S., including mileage, airfare, hotel expenses, per diem, and other miscellaneous expenses associated with travel. In order to obtain reimbursement for travel expenses, the person must submit a DFS approved travel voucher along with all necessary supporting documentation.