IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2004-051
PA/PI-CIR
RE: PROFESSIONAL FEES,
CRIMINAL CASES, JUVENILE DELINQUENCY, FAMILY LAW AND JUVENILE DEPENDENCY CASES
In order to provide compensation for expert witnesses in
criminal cases, juvenile delinquency cases, family law and juvenile dependency
cases where such experts are paid with state funds through the Justice
Administrative Commission or the Office of the State Courts Administrator; and
In order to establish uniform compensation in all such
cases, it is
ORDERED:
1. Where a
psychiatrist or Ph.D. has been hired as a pre-trial expert to perform a
competency evaluation, is
appointed by the Court to determine the competency of a defendant to stand
trial or to determine a defendant’s sanity at the time of the offense or to
conduct an evaluation for purpose of departure hearing, or is appointed to
conduct a psychological evaluation in a family law case, the following amounts
will be paid:
a. Psychological/Competency Evaluations $ 400.00
Pre-trial forensic examinations, evaluations
for purpose of departure hearings, or
psychological
evaluations in family law cases. This includes
review of documents, testing, writing of the
report,
attorney consultation and travel time.
*Because of the location of the jail in
travel to and from the jail will be paid in
accordance
with Chapter, 112, Fla. Stat. for evaluations
conducted
at the jail in
b. Loss of
earnings 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 under
subparagraph 1.a. The
psychiatrist 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 psychiatrist or
Ph.D. may receive an amount equal to the
amount of lost
earnings up to $200.00.
c. In-court time (minimum of $200.00) $ 125.00 per hour
When paid the minimum, no additional amount
will
be paid for waiting and/or travel.
d. Deposition time $ 125.00 per hour
e. Waiting to testify (when not paid the minimum). $ 60.00 per hour
f. Preparation prior to court appearance or deposition,
and related consultation with attorney $ 125.00 per hour
g. Travel to
court if called to testify $ 50.00 per hour
(when not paid the minimum)
2. Where a
medical doctor, dentist, psychiatrist, lawyer, 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
paragraph 1 above; or
Where a psychiatrist 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
Where a qualified DNA analyst or accident
reconstructionist has been hired as an expert to perform testing, and
Where services are not provided by FDLE, the
following amounts will be paid:
a. Initial
review of records, testing, writing $
150.00 per hour
of report, review of accident scene, in-court
time,
deposition time
b.
Waiting to testify $ 60.00 per hour
c. Preparation
prior to court appearance or deposition,
and related consultation with attorney $ 150.00 per hour
d. Travel to
court to testify $ 50.00 per hour
3. When a
licensed private investigator is authorized by the Court, the hourly rate
shall be $35.00 per hour.
4. When
language interpreter services (excluding deaf interpreter services) are used,
the hourly rate shall be
$35.00 per hour unless otherwise provided by contract with the Court. One hour minimum shall be paid for court
services.
5. When any
pre-trial 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
and related consultation with attorney
6. When a
licensed nurse practitioner is consulted in conjunction with an examination,
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
and related consultation with attorney
7. Travel to court and the jail for those
experts identified in paragraphs 3, 4, 5 and 6
above shall be reimbursed in
accordance with Chapter 112, Florida Statutes.
8. The rates
contained herein shall apply to all experts providing services as an
expert on or after the date
of this order and in which the experts are paid with state funds,
unless otherwise ordered by
the Court because of extraordinary circumstances.
Administrative Order 2004-023 PA/PI-CIR is hereby
rescinded.
DONE AND ORDERED
in Chambers at
____________________________________
David
A. Demers, Chief Judge
cc: All Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Robert Dillinger, Public Defender
The Honorable Karleen F. DeBlaker, Clerk of Court,
The Honorable Jed Pittman, Clerk of Court,
Carol Heath,
Betty Henderson, Assistant Court Services
Gay Inskeep, Trial Courts Administrator
Kerry L. Rice, Deputy Courts Administrator,
DeRita Barbary, Criminal Administration
Bar Associations,
Law Libraries,