IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER 1-38.1

IN RE: COSTS ASSOCIATED WITH DUE PROCESS SERVICES

AND THE REPRESENTATION OF INDIGENT PERSONS

WHEN COUNSEL IS APPOINTED BY THE COURT

WHEREAS, the Tenth Judicial Circuit (Circuit) has entered into contracts with vendors to provide due process services to the citizens of the Circuit, such as court reporters and court interpreters; and

WHEREAS, the Justice Administrative Commission (JAC) has entered into contracts with qualified members of The Florida Bar who will represent the interests of criminal defendants and other persons who are parties to court actions wherein they are entitled to court appointed counsel; and

WHEREAS, the Tenth Circuit Indigent Services Committee (ISC) is charged with the responsibility of forming, approving and providing to the JAC the standard rates to be charged by the due process vendors in the provision of services to those persons whose interests are being represented by court appointed counsel, as well as setting rates for other miscellaneous costs and services court appointed counsel may incur when representing the interests of indigent persons; is it

ORDERED that:

COURT INTERPRETERING When needing the services of a court interpreter, court appointed counsel is strongly encouraged to utilize the services of the due process vendors who are listed on Exhibit A. (PDF FORMAT) (EXCEL FORMAT)

COURT REPORTING When needing the services of a court reporter, court appointed counsel may utilize the services of the due process service vendors found in Exhibit A, or may utilize the services of the Tenth Circuit Electronic Court Reporter’s (ECR) Office for recording of depositions, obtain a compact disc copy of that recording from the ECR Office at the cost listed on Exhibit C and then have the transcription completed by one of the vendors on Exhibit A or another privately retained court reporter. If a court reporter not listed on Exhibit A is retained to provide services, the maximum rates allowable will be those found on Exhibit B. (PDF)

EXPERT WITNESSES When needing the services of an expert witness for evaluations and testimony, both in-court and by deposition, court appointed counsel may retain the services of the expert witness at the rates as set forth in Exhibit D. (PDF)

INVESTIGATORS In a criminal or juvenile delinquency case, court appointed counsel may retain the services of an investigator and compensate for such services at the maximum rate of $50.00 per hour for a maximum of 15 (fifteen) hours per case. The period of 15 hours may be exceeded after obtaining a court order allowing such, upon a showing of good cause to the court.

SERVICE OF PROCESS For process of service within Florida, the maximum rate of $25.00 per service of process or attempted service and a maximum of $20.00 per service of process or attempted service shall be allowed. No payment shall be paid for service of process or attempted service beyond the second service or attempt of service. For service within Florida, process servers shall not be paid for mileage, regardless of destination. Allowable fees for service of process outside of Florida shall be the actual amount billed.

MISCELLANEOUS EXPENSES

Travel Expenses: Mileage, transportation and per diem will be paid in accordance with Section 112.061, Florida Statutes for out-of-county travel only.

Photocopies: Copies shall be reimbursable at the rate of 15 cents per page.

Faxes: Faxes shall be reimbursable at the rate of 15 cents per page.

Long Distance Calls: Long Distance telephone calls shall be reimbursable at the actual cost.

The rates contained in the Exhibits are the rates that the Court will approve when presented with a Motion for Attorney’s Fees and Costs.

If court appointed counsel chooses to retain a due process service provider other than those listed on the Exhibits, the Court will not approve any rates that are higher than those set out in the Exhibits.

Court appointed counsel is responsible to check the Circuit web site for updates to the Exhibits, as they are subject to change.

The Exhibits shall be known as: Vendors & Fees – Exhibit A; Court Reporting Fee Schedule – Exhibit B; Tenth Circuit Electronic Court Reporter’s Office Fee Schedule – Exhibit C; and Expert Witness Fees – Exhibit D.

Administrative Order 1-38.0 is hereby VACATED.

DONE AND ORDERED on this 1st day of May, 2006.

RONALD A. HERRING

Chief Judge