IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR

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1 IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR RE: PROFESSIONAL FEES IN CRIMINAL, JUVENILE DELINQUENCY, JUVENILE DEPENDENCY, FAMILY LAW, BAKER ACT, AND INVOLUNTARY CIVIL COMMITMENT OF SEXUAL PREDATOR CASES Expert witnesses and other professionals provide a range of services in criminal, juvenile delinquency, juvenile dependency, family law, Baker Act, and involuntary civil commitment of sexual predator cases. These services include competency examinations, mental health evaluations, and investigative services. When appointed by the Court or retained by a courtappointed attorney or a defendant who is otherwise indigent for costs, such experts are paid with state funds through the Office of the State Courts Administrator or the Justice Administrative Commission. In order to provide a rate of payment for the appointment of social service professionals as required by , Florida Statutes, and to clarify that experts examining a defendant located in Pasco County Jail are compensated for travel by mileage, not by time, and In accordance with Article V, 2, Florida Constitution, Rule of Judicial Administration 2.215, and 43.26, Florida Statutes, it is: ORDERED: The following compensation is authorized unless otherwise provided for by contract with the Court. Due to the location of the Pasco County Jail, experts examining a defendant at that location will be paid for mileage in accordance with Chapter 112, Florida Statutes, in addition to the applicable exam fee. All other travel time to a jail or court within the Sixth Judicial Circuit will be paid in accordance with Chapter 112, Florida Statutes, unless otherwise stated below. I. Expert Fees in Criminal, Juvenile Delinquency, Juvenile Dependency, Family Law, and Involuntary Commitment of Sexual Predator Cases 1. Where a physician is appointed by the Court to determine the competency of a defendant, to perform a periodic evaluation of a defendant who has been found not guilty by reason of insanity, or to determine the sanity of a defendant under stay of execution, the physician will be paid $ This includes review of documents, testing, writing of the report, attorney consultation, and travel time to examine the defendant within the Sixth Judicial Circuit. For travel to evaluate a defendant who is located outside of the Sixth Judicial Circuit, the physician will be paid $50.00 per hour spent travelling to and from the examination, plus other travel costs in accordance with Chapter 112, Florida Statutes. 2. Where a physician is hired to perform a competency evaluation, to determine a defendant s sanity at the time of the offense, to conduct an evaluation for purposes of a departure

2 hearing, or to determine the sanity of a defendant under stay of execution, the physician will be paid $ Where a licensed psychologist or Ph.D. is appointed by the Court or hired to determine the competency of a defendant, to determine the defendant s sanity at the time of the offense, to evaluate the defendant for purposes of a departure hearing, to perform a periodic evaluation of a defendant who has been found not guilty by reason of insanity, or to determine the sanity of a defendant under stay of execution, the licensed psychologist or Ph.D. will be paid $ This includes review of documents, testing, writing the report, attorney consultation and travel time to examine the defendant within the Sixth Judicial Circuit. For travel to evaluate a defendant who is located outside of the Sixth Judicial Circuit, the licensed psychologist or Ph.D. will be paid $50.00 per hour spent travelling to and from the examination, plus other travel expenses. 4. Where a physician, licensed psychologist, or Ph. D. is appointed by the Court or hired to perform a psychological examination in a family law or juvenile dependency case, the physician, licensed psychologist, or Ph.D. will be paid $ This includes review of documents, testing, writing the report, attorney consultation, and travel time to examine the person(s) within the Sixth Judicial Circuit. 5. Where a physician, licensed psychologist, or Ph.D. is appointed by the Court or hired to perform the evaluations described in paragraphs 1-4, the following amounts may also be paid: a. Loss of earning resulting from the failure of a defendant $60.00 per hour or other person scheduled to appear for an appointment for an examination or evaluation. The physician, licensed psychologist, or Ph.D. must minimize the damages from a person s failure to appear for a scheduled appointment either by seeing other clients or conducting other business and must attest to the loss of earnings. The physician, licensed psychologist, or Ph.D. may receive an amount equal to the amount of lost earnings up to $ b. In-court time (minimum of $200.00) $ per hour When paid the minimum, no additional amount will be paid for waiting or travel c. Out-of-court testimony/deposition time $ per hour d. Waiting to testify (when not paid the minimum) $60.00 per hour e. Preparation prior to court appearance or deposition $ per hour f. Travel time to court if called to testify $50.00 per hour (when not paid the minimum) 6. Where a social service professional is appointed by the Court or hired to determine the competency of a defendant, the social service professional will be paid $ This 2

3 includes review of documents, testing, writing the report, attorney consultation, and travel time to examine the defendant within the Sixth Judicial Circuit. For travel to evaluate a defendant who is located outside the Sixth Judicial Circuit, the social worker will be paid $50.00 per hour spent traveling to and from the examination, plus other travel costs in accordance with Chapter 112, Florida Statutes. The following amounts may also be paid: a. Loss of earning resulting from the failure of a defendant $60.00 per hour or other person scheduled to appear for an appointment for an examination or evaluation. The social service professional must minimize the damages from a person s failure to appear for a scheduled appointment either by seeing other clients or conducting other business and must attest to the loss of earnings. The social service professional may receive an amount equal to the amount of lost earnings up to $ b. In-court time (minimum of $120.00) $75.00 per hour When paid the minimum, no additional amount will be paid for waiting or travel c. Out-of-court testimony/deposition time $75.00 per hour d. Waiting to testify (when not paid the minimum) $60.00 per hour e. Preparation prior to court appearance or deposition and $75.00 per hour related consultation with attorney f. Travel time to court if called to testify $50.00 per hour (when not paid the minimum) 7. Where a mitigation specialist is retained for the penalty phase of a case in which the State is seeking the death penalty, the mitigation specialist will be paid in accordance with the Court s order setting an hourly rate for the specialist s services, not to exceed $75.00 per hour. 8. Where a lawyer, dentist, physician, licensed psychologist, Ph.D., or other expert with a doctorate degree has been hired as a pre-trial expert to perform a service other than one stated in paragraphs 1-6 above; or Where a physician, licensed psychologist, or Ph. D. has been hired as an expert to perform a forensic evaluation for use in the penalty phase of a capital case or is appointed by the Court to determine whether a defendant is intellectually disabled and barred from execution; or Where a qualified DNA analyst or accident reconstructionist has been hired as an expert to perform testing, and Where services are not provided by the Florida Department of Law Enforcement, the following amounts will be paid: a. Exam $ b. Initial review of records, testing, writing of report, $ per hour 3

4 and review of accident scene c. In-court-time and out-of-court testimony/deposition $ per hour time d. Waiting to testify $60.00 per hour e. Preparation prior to court appearance or deposition, $ per hour f. Travel time to court to testify $50.00 per hour 9. Where a licensed private investigator is authorized by the Court, the hourly rate shall be $40.00 per hour. 10. When a licensed nurse practitioner is consulted in conjunction with an examination or an expert other than one identified above is consulted or authorized by the Court, the following amounts will be paid: a. In-court testimony or depositions $75.00 per hour b. Waiting to testify $50.00 per hour c. Preparation prior to court appearance or deposition $75.00 per hour 11. When an expert is appointed by the Court or hired for purposes of an involuntary civil commitment proceeding pursuant to Chapter 394, Section V, Florida Statutes, (the Jimmy Ryce Act), the hourly rate shall be a maximum of $ per hour. II. Fees for Independent Expert Examinations in Baker Act Cases The following compensation is authorized for appointments to conduct an independent expert examination in a Baker Act Case pursuant to and , Florida Statues, in which experts are paid with state funds, unless otherwise provided for by contract with the Court. Respondents who are not indigent are responsible for payment of the expert. 1. When a physician, Ph.D., or other expert with a doctorate degree is appointed by the Court to conduct an independent expert examination in a Baker Act proceeding, the following amounts will be paid: a. Examination including review of documents, $ travel other than to a scheduled hearing, testing, writing of the report, and telephonic testimony b. In-court testimony $ per hour 2. When an expert other than one identified in paragraph 1 is appointed by the Court to conduct an independent examination in a Baker Act proceeding, the following amounts will be paid: a. Examination including review of the documents, $

5 travel other than to a scheduled hearing, testing, writing of the report, and telephonic testimony b. In-court testimony $75.00 per hour 3. All experts will be paid: a. Waiting to testify or preparation prior to court $60.00 per hour appearance or deposition b. Travel time to and from the court hearing in $50.00 per hour which the expert is called to testify Except where an expert is reappointed to do an examination or evaluation, the appointment of an expert by the court will be by rotation in accordance with Administrative Order Re: Selection And Payment Of Court Appointed Experts, or as provided in any subsequent applicable Administrative Order(s). The rates contained in this order apply to all experts providing services on or after the date of this order in which the expert is paid with state funds, unless otherwise ordered by the Court because of extraordinary circumstances. Administrative Order is hereby rescinded. DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this day of February, ORIGINAL SIGNED ON FEBRUARY 21, 2017 BY ANTHONY RONDOLINO, CHIEF JUDGE cc: All Judges The Honorable Bernie McCabe, State Attorney The Honorable Bob Dillinger, Public Defender The Honorable Paula S. O Neil, Clerk of the Circuit Court, Pasco County The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County Gay Inskeep, Trial Courts Administrator Ita M. Neymotin, Regional Counsel, Second District Ngozi Acholonu, Assistant Regional Counsel Lillian Simon, Director of Administrative Services, Pasco County Kimberly Thompson, Director of Criminal Courts, Pasco County Clerk s Office Nichole Alvarez-Sowles, Chief Operations Officer, Pasco County Clerk s Office Maryellen McDonald, Director of Legal Services, Agency for Persons with Disabilities Gerald Siebens, Legal Dep t, Agency for Persons with Disabilities, Suncoast Region Jim Bennett, County Attorney, Pinellas County Jeffrey Steinsnyder, County Attorney, Pasco County Bar Associations, Pasco and Pinellas Counties Law Libraries, Pasco and Pinellas Counties 5