Fla. Stat. §27.5304(12). Upon such a finding (by
chief judge (or designee)), the court may order compensation at a percentage above
the flat fee “to ensure the fees paid are not confiscatory under common law.”
Should the chief judge determine that 200% of the flat fee would still be
confiscatory, the judge “shall order the amount of compensation using an hourly
rate not to exceed $75 per hour for a noncapital case and $100 per hour for a
capital case,” awarding only up to an
amount deemed no longer confiscatory.
THE RECENT AMENDMENTS TO SECTION 27.5304
In the final days of the 2012 legislative session, the Florida Legislature passed Senate Bill 1960. That bill, which became session law Chapter 2012-123,amended section 27.5304(12) (2011), restructuring the funds from which
attorney’s fees beyond the flat rates are paid. Previously, conflict
-counsel fees,including those above the flat rates, were paid by the JAC from the CriminalConflict Appropriation Category in the General Appropriation Act, and last year the Legislature appropriated $3 million to a special category specifically to cover fees ordered in excess of the flat rates.
, Senate Budget Committee, Reg. Sess., at 3(2011). However, over the last several years, the costs of conflict-counsel haveexceeded the original appropriations and the Legislature has had to transfer fundsfrom other due process categories in the JAC and make supplemental