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HomeMy WebLinkAbout1998-096 RESOLUTION NO.98-9 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A PER HOUR FEE FOR COURT APPOINTED COUNSEL IN DEPENDENCY PROCEEDINGS. WHEREAS, the 1998 Florida Legislature has directed counties to establish compensation criteria for court appointed counsel in dependency proceedings (Section 39.0134,F.S.);and WHEREAS, the current per hour fee in the Nineteenth Judicial Circuit for capital cases is$65.00 per hour out-of-court and$75.00 per hour in-court;and WHEREAS,this appears to be adequate compensation in dependency matters, NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that: Court appointed counsel in dependency proceedings shall be compensated as follows: a) $75.00 per hour in-court b) $65.00 per hour our-of-court The resolution was moved to adoption by Commissioner T i p p i n and the motion was seconded by Commissioner E o a e r t , and, upon being put to a vote,the vote was as follows: Chairman John W.Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Fran B.Adams Aye Commissioner Carolyn K.Eggert Aye Commissioner Caroline D.Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 22 dayof September J1998. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY,FLORIDA 1 By Jeffr ' Barton,Cler Joh WiTippin, hair n 2 . $eWion 39.0134 Page 1 of 1 139.0134 Appointed counsel;compensation... (1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding pursuant to this chapter,such compensation shall be established by each county. (2) If counsel is entitled to receive compensation for representation pursuant to court appointment in a termination of parerttal rights proceeding,such compensation shall not exceed S 1,000 at the trial level and$2,500 at the appellate level. Hlatory.--s. 12,ch.84-311;s.9,ch,87-289;s.28,ch.98403. INota--Section 1,ch.92-37,provides that"[nlotwithstanding the provisions of chapter 39,Florida Statutes,to the contrary,the attorneys whose compensation was provided in the November 1989 Supplemental Appropriations Act and is continued in subsequent general appropriations acts shall provide legal representation in cases arising under sections 39.40.39.474,Florida Statutes."Provisions within chapter 39 were transferred to other locations by ch.97-238 and ch. 98403.Some of the material within the cited range can be found at parts VI,VII,and IX of ch.39,as redesignated by ch. 98403,and ch.984,as redesignated by ch.97-238. Note.--Former ss,39-415.39.474. EFF. OCT Is 190 http://www.leg.state.fl.us/citizen/documents/statutes/1998/ch0039/sec0134%5F.htm 8/31/98