, Senate BudgetCommittee, Reg. Sess., at 3 (2011).3.
Now, fees in excess of the established flat fees incurred by criminal conflict counsel shallbe paid first by the Justice Administrative Commission in a special category in theGeneral Appropriations Act designated for attorney payments over the flat fee, and if the$3,000,000 appropriated to that special category is expended, then the rest of the
payments “shall be made from the due process funds, or other funds as necessary
,appropriated to the state court system in the General Appropriations Act
§27.5304(12), Fla. Stat. (effective July 1, 2012) (
Section 27.5304, Florida Statutes (2012), is unconstitutional because: 1) the session lawamending Chapter 27 violates the single subject rule; 2) Section 27.5304 creates aconflict of interest between the judiciary and the indigent defendant; 3) Section 27.5304violates the Sixth, Eighth, and Fourteenth Amendment rights of capital defendants; and 4)Section 27.5304 violates the separation-of-powers doctrine.
I. The Session Law Amending Chapter 27, Florida Statutes (2012), Violates the Single-Subject Rule.
Section 27.5304 was one of multiple sections of the Florida Statutes amended by thepassage of Senate Bill 1960. Senate Bill 1960 became session law Chapter 2012-123,parts of which were ultimately codified as Section 27.5304 of the Florida Statutes.
Ch. 2012-123, § 8, Laws of Fla.6.
Chapter 2012-123 violates Article III, Section 6 of the Florida Constitution because itcontains several subjects, including civil and criminal provisions that are not logicallyconnected; the underlying senate bill was hastily amended and passed in the waning days