IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

ADMINISTRATIVE ORDER NO. 2005-051 PA/PI-CIR

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RE:†††† AMENDED SELECTION AND PAYMENT OF COURT APPOINTED EXPERTS

 

Chapter 2005-236, Laws of Florida, amends various Florida Statutes concerning the appointment and funding of competency experts and mental health professionals.The statutory amendments are based on the general premise that the court system should be responsible for the payment of most experts it appoints to determine competence to proceed and certain other experts for other purposes.

 

Section 916.115, Florida Statutes, provides for the appointment of experts to examine a defendant who may be incompetent to proceed to trial.Rules of Criminal Procedure 3.210 et seq. establish the procedure for the examination of a defendant who is alleged to be incompetent to stand trial.

 

Section 916.301, Florida Statutes, provides for the appointment of experts to examine a defendant who may be incompetent to proceed to trial due to retardation or autism.

 

Section 921.137, Florida Statutes, and Rule of Criminal Procedure 3.203 provide for the appointment of experts to examine a death-sentenced prisoner, or a defendant charged with a capital felony and facing a death sentence, who may be mentally retarded and therefore barred from receiving a death sentence.

 

Section 985.223, Florida Statutes, provides for the appointment of experts to examine a juvenile who may be incompetent to proceed to trial.Rule of Juvenile Procedure 8.095 establishes the procedure for examination of a juvenile who is alleged to be incompetent to proceed.

 

Sections 394.4655 and 394.467(6), Florida Statutes, provide for an independent examination of persons who are subject to involuntary placement under the Baker Act.

 

Pursuant to Rule of Judicial Administration 2.050, the Chief Judge has the authority to adopt administrative orders necessary to ensure the operation of the court system.On June 30, 2005, the Chief Judge entered Administrative Order 2005-035 PA/PI-CIR to provide for the orderly appointment of experts under Chapter 2005-236, Laws of Florida.On August 24, 2005, the Trial Court Budget Commission further defined the experts who would be paid by the state courts system.Accordingly, Administrative Order 2005-035 PA/PI-CIR must be updated.

 

Therefore, in order to provide for the orderly appointment of expert witnesses and clarify the source of compensation for various types of expert witnesses, it is

 

 

 

 

 

 

 

ORDERED:

 

1.When, on written motion of counsel for the defendant, a pro se defendant, the State Attorney, or on the courtís own motion, the court orders an adult competency evaluation pursuant to ß 916.115(2), Florida Statutes, the court shall select and pay for the expert(s).When the court orders the adult competency evaluation pursuant to ß 916.301, Florida Statutes, for a defendant whose suspected mental condition is retardation or autism, the court shall select and pay for one expert, and order the Agency for Persons with Disabilities to also examine the defendant.

2.When an expert is appointed by the court pursuant to ß 916.115(2), Florida Statutes, to evaluate the competence of the defendant to proceed and the defense also requests that the defendant be examined for sanity at the time of the offense, the court will pay for that portion of the expertís fees relating to the evaluation of competency to proceed at the rates established in Administrative Order 2004-051 PA/PI-CIR or any subsequent administrative order establishing professional fees.The expertís fee for the sanity evaluation shall be paid by the defense.††††

3.(a) When experts are appointed by the court pursuant to ß 921.137, Florida Statutes, and Florida Rule of Criminal Procedure 3.203(c)(3) to evaluate a defendant or prisoner to determine whether the defendant or prisoner is mentally retarded and barred from execution, the court shall select and pay for the experts.

†† (b) When an expert is appointed pursuant to ß 921.137, Florida Statutes, on request of the State Attorney under Florida Rule of Criminal Procedure 3.203(c)(2), the State Attorney shall select and pay for the expert.

†† (c) When an expert is otherwise appointed to determine a defendantís or prisonerís mental retardation as a bar to execution, the court shall select and pay for the expert(s).

4.(a)When an evaluation of a juvenile defendant is ordered pursuant to ß 985.223(1)(c), Florida Statutes, to determine if the juvenile defendant is incompetent to proceed due to mental illness, the court will select and pay for the expert.

†† (b)When an evaluation of a juvenile defendant is ordered pursuant to ß 985.223(1)(e), Florida Statutes, to determine if the juvenile defendant is incompetent to proceed due to mental retardation, the Agency for Persons with Disabilities shall examine the juvenile in accordance with Florida Rule of Juvenile Procedure 8.095.

5.When an independent examination is requested pursuant to ß 394.4655 or ß 394.467, Florida Statutes, by an indigent respondent in a Baker Act proceeding, the Public Defender shall select and pay for the expert, or if the indigent respondent is represented by court-appointed counsel, the counsel shall select the expert who will be paid by The Justice Administrative Commission for the services. In accordance with ß 394.4655(6)(a)2 or ß 394.467(6)(a)2, Florida Statutes, the respondent shall pay for the independent expert examination if he or she can afford such examination.Experts providing such examinations will be paid at the rates established in Administrative Order PA/PI-CIR-97-29 or any subsequent administrative order establishing professional fees for Baker Act proceedings.

6.When an expert is appointed or reappointed by the court pursuant to Rule of Criminal Procedure 3.212 to perform a periodic evaluation of a defendant who has been found incompetent to proceed or appointed or reappointed by the court pursuant to Rule of Criminal

 

Procedure 3.213 after an adjudication of not guilty by reason of insanity, the court shall select and pay for the expert(s).Provided the same expert is under contract with the court, for subsequent evaluations the court will generally reappoint the same expert who performed the last examination of the defendant.However, on the courtís own motion or a motion of the State or defense showing good cause, the court may appoint a new expert by rotation from the list of experts under contract with the Sixth Judicial Circuit.

7.Except when the court appoints the court psychologist, whenever counsel for the defendant or the State Attorney requests the appointment of an expert to determine competence to proceed or insanity, that attorney shall prepare a form Order Directing Examination of Defendantís Mental Condition for the courtís signature.The Order should be prepared and submitted to the court within five days.The form Order for use in Pasco County and the form Order for use in Pinellas County are attached to and incorporated into this Administrative Order.The form Orders may be amended without further amendment to this Administrative Order.

8.Except where an expert is reappointed to do an examination or evaluation, the appointment of an expert by the court will be by rotation from the list of experts under contract with the Sixth Judicial Circuit.

9. Experts appointed by the court will be entitled to the appropriate compensation determined in Administrative Order Number 2004-051 PA/PI-CIR, Re:Professional Fees, Criminal Cases, Juvenile Delinquency, Family Law and Juvenile Dependency Cases; or, for Baker Act cases, Administrative Order PA/PI-CIR-97-29, Re:Independent Expert Examinations Ė Baker Act Cases, or as provided in any subsequent applicable Administrative Order(s) or in the expertís contract with the Sixth Judicial Circuit.For an expert to be paid for services rendered, the expertís report and testimony must explicitly address each of the factors and follow the procedures set out in the applicable chapter of the Florida Statutes and in the applicable Florida Rules of Court.

10. Experts retained by the Public Defender pursuant to ß 29.006, Florida Statutes, or by the State Attorney pursuant to ß 29.005, Florida Statutes, shall be paid from the respective budgets of the Public Defender or the State Attorney.An expert retained by court-appointed counsel, by counsel for a defendant who is indigent for costs, or by a defendant who is indigent-for-costs shall, pursuant to ß 29.007, Florida Statutes, be paid by the Justice Administrative Commission; prior court approval is required for such experts retained pursuant to ß 29.007, Florida Statutes.If the State Attorney needs a court order of appointment to ensure that a State-retained expert has access to the defendant, the State Attorney shall pay for the expert notwithstanding paragraph 1. of this Administrative Order.

11.This Administrative Order does not restrict the ability of the court to otherwise appoint an expert pursuant to the Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, or other Florida Rules of Court.

 

 

 

 

 

12.This Administrative Order does not affect the appointment or payment of experts under Administrative Order No. PA/PI-CIR-02-69 concerning experts for Developmental Disabilities Examining Committees and Guardianship Examining Committees.

 

Administrative Order 2005-035 PA/PI-CIR is hereby rescinded.

 

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this _______ day of September 2005.

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ___________________________________

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† David A. Demers, Chief Judge

 

 

Encl: ††† (1) Pasco Order Directing Examination of Defendantís Mental Condition

††††††††††† (2) Pinellas Order Directing Examination of Defendantís Mental Condition

 

cc: †††††† All Judges

††††††††††† The Honorable Bernie McCabe, State Attorney

††††††††††† The Honorable Bob Dillinger, Public Defender

††††††††††† The Honorable Ken Burke, Clerk of Court, Pinellas County

††††††††††† The Honorable Jed Pittman, Clerk of Court, Pasco County

††††††††††† Ms. Pauli Young, Forensic Unit, Agency for Persons with Disabilities

††††††††††† Carol Heath, Director, Court Services Division, Pinellas County Clerkís Office

††††††††††† Betty Henderson, Assistant Court Services Director, Pasco County Clerkís Office

††††††††††† Gay Inskeep, Trial Courts Administrator

††††††††††† Kerry L. Rice, Senior Deputy Courts Administrator, Pasco County

††††††††††† Bar Associations, Pasco and Pinellas

††††††††††† Law Libraries, Pasco and Pinellas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

REF NO: _____________________

UCN:_____________________________________

 

 

STATE OF FLORIDA

 

vs.

 

____________________

SPN:

 

ORDER DIRECTING EXAMINATION

OF DEFENDANTíS MENTAL CONDITION

 

THIS CAUSE COMING on to be heard upon the:

 

    Courtís own motion

    Motion of the Attorney for the Defendant

    Motion of the Pro Se Defendant

    Motion of the State

††

 

in the above styled cause, to determine the mental condition of the defendant, and the court being otherwise fully advised, it is

 

ORDERED:

 

1.      That said motion is hereby granted.

 

2.†† ††††† Dr.____________________________ is appointed to examine the defendant.

 

††††The Agency for Persons with Disabilities is appointed to examine the defendant because

the defendantís suspected mental condition is retardation or autism.

 

As of this date, the defendant is:

_____ Not in Custody (Please contact defense counsel for scheduling)

_____ Residing in the Land Oí Lakes Detention Facility

_____ Residing in the New Port Richey Detention Facility

 

††††† 3.†† That if the Defendant is located at the Land Oí Lakes Detention Center/ New Port Richey Detention Center, the experts shall contact the Pasco County Sheriffís Office at that location in advance to schedule a date and time to evaluate the Defendant.

 

††††† 4.†† That the Sheriff of Pasco County shall permit the above-named experts to enter the Land Oí Lakes/New Port Richey Detention Center to conduct the foregoing evaluation of the Defendant upon presentment of this Order.

 

††††† 5.†† That a copy of the order serves as authorization for the Expert to inspect and copy any discoverable information relating to the Defendant maintained by the Clerk of this Court, State Attorneyís Office, any hospital, doctor, or any health care provider, therapist, psychiatrist, psychologist, counselor, or any mental health provider, or other social or human services agency without the necessity of written consent by Defendant.

 

††††† 6.†††††††††††††††††††††††††††††††††††††††††††††††††††† This cause is scheduled for a hearing on the issue of the Defendantís competency to proceed at ___________ on the ________ day of ________.The expert shall submit a written evaluation of the defendantís mental condition to this Court with copies to the Attorney for the State and the Attorney for the Defendant on or before the ___________ day of __________, which shall include but is not limited to:

 

    Competence to Proceed (Fla. R. Crim. P. 3.211(a)).Whether due to mental illness, mental retardation or autism, that the defendanthas sufficient present ability to consult with counsel with a reasonable degree of rational understanding and whether the defendant has a rational, as well as factual, understanding of the pending proceedings.In considering the issue of competence to proceed, the examining expert shall consider and include in their report, the following factors, and any other factors deemed relevant by the experts, as they pertain to the defendantís capacity to:

 

1.      Appreciate the charges or allegations against him;

2.      Appreciate the range and nature of possible penalties which may be imposed against him;

3.      Understand the adversary nature of the legal process;

4.      Disclose to his attorney facts pertinent to the proceedings at issue;

5.      Manifest appropriate courtroom behavior; and

6.      Testify relevantly

 

    Recommended Treatment (Fla. R. Crim. P. 3.211 (b)).Should the appointed expert find that the defendant is incompetent to proceed, then the expert shall report on any recommended treatment for the defendant to attain competence to proceed.The expertís report and recommendations shall include consideration of the following:

 

††† 1.The mental illness or mental retardation causing the incompetence;

††† 2.The treatment or treatments appropriate for the mental illness or

†††††††mental retardation of the defendant and an explanation of each of††††

†††††††††††††††††††††††††††††††† the possible treatment alternatives in order of choices;

††† 3.The availability of acceptable treatment, including whether the

†††††††† treatment is available in the community; and

†††† 4.The likelihood of the defendant attaining competence

†††††††† under the recommended treatment, an assessment of the††††††††

†††††††† probable duration of the treatment required to restore††††

†††††††† competence, and the probability that the defendant will

†††††††† attain competence to proceed in the foreseeable future.

 

    Defendantís sanity at the time of the alleged offense (MíNaghten Rule) (Fla. R. Crim. P. 3.211 (c)).

 

    Aid for sentencing Ė whether the defendantís mental condition presents any factors that may aid in sentencing the defendant. Fla. Stat. 921.0026

 

    Aid for sentencing (Capital Case) Ė If the State Attorney is seeking the imposition of the death penalty against the defendant, the expertís report shall include any information that may have a bearing on statutory or non-statutory mental mitigating circumstances.Fla. R. Crim. P. 3.202

 

    Mental retardation as a bar to execution (Capital Case) (Fla. R. Crim. P. 3.203) Ė If the State Attorney is seeking imposition of the death penalty, the expertsí report shall include any findings on the issue of whether the defendant has mental retardation.Fla. Stat. 921.137

 

 

7.†† That all written reports submitted by the expert shall contain the following:

 

1.                  A list of the specific matters referred for evaluation;

2.                  A description of the evaluation procedure, techniques and tests used in the examination and purpose for each;

3.                  The expertís clinical observations, findings, and opinions on each issue referred for evaluation by the Court, and specific identification of those issues which the expert could not give an opinion;

4.                  An identification of the sources of information used by the expert and a presentation of the factual basis for the expertís clinical findings and opinions.

 

All information contained in the motion to determine competency of the defendant or in any report submitted under this order, insofar as the information relates solely to the issues of competency to proceed or to commitment, shall be used only in determining the mental competency to proceed or the commitment or other treatment of the defendant.

 

†††††† 8.†† If an order is entered for the determination of competence, the appointed expert shall be paid in accordance with the current Administrative Order regarding payment of appointed experts†† or the terms of his or her contract with the Sixth Judicial Circuit.If an order is entered to determine the defendantís sanity at the time of the alleged offense or as an aid for sentencing then the appointed expert shall be paid in accordance with the current Administrative Order regarding payment of appointed experts or the terms of his or her contract with the Sixth Judicial Circuit

 

†††††† 9.Payment for competency evaluations to determine competence to proceed or to determine recommended treatment for competence to proceed shall be made by the court, except where the Agency for Persons with Disabilities is appointed to examine the defendant in which case the Agency shall pay for such examination.When paid by the court, expert shall submit the bill and appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the court at:

 

    Court Administration

Administrative Office of the Courts, Fiscal Office

7530 Little Road,

New Port Richey, FL 34654††

 

 

When a request is made for an evaluation of the defendant to determine the defendantís sanity or as an aid for sentencing, the requesting party shall pay.The expert shall submit a copy of that bill and the appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the entity indicated below. which is hereby ordered to pay the expert:

††††††††

    When requested by the Public Defender:

Public Defender

14250 49th St. North

Clearwater, FL 33762

 

    When requested by Court appointed counsel, counsel for a defendant determined indigent for costs, or a pro se defendant who is indigent for cost:

††††† Justice Administrative Commission

††††† PO BOX 1654
†††Tallahassee, FL 32302

 

    When requested by the State Attorney:

†† State Attorney

PO BOX 5028

Clearwater, FL 33758-5028

 

    When requested by the attorney for a Non-Indigent Defendant or by a

†††††† Non‑Indigent Pro Se Defendant:

 

††††† _________________________________

 

†† _________________________________

 

Payment for evaluations to determine mental retardation as a bar to execution shall be made by the court, except where the State Attorney selects the expert under Fla. R. Crim. P. 3.203(c)(2).The expert shall submit a copy of his or her bill and the appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the entity indicated below which is hereby ordered to pay the expert:††

†††††††††††

    Court Administration

Administrative Office of the Courts, Fiscal Office

7530 Little Road,

New Port Richey, FL 34654

    When requested by the State Attorney:

†† State Attorney

PO BOX 5028

Clearwater, FL 33758-5028

 

DONE AND ORDERED in chambers at New Port Richey, Pasco County, Florida, this _______day of _____________.

 

____________________________

CIRCUIT JUDGE

 

cc: ††††††

 

Pasco County Sheriff

__________________________, Expert

__________________________, Counsel for the Defendant

__________________________, Entity Ordered to Pay

__________________________, Entity Ordered to Pay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT†††††††††

IN AND FOR PINELLAS COUNTY, FLORIDA

REF NO: _____________________

UCN:_____________________________________

 

STATE OF FLORIDA

 

vs.

 

____________________

SPN:

 

ORDER DIRECTING EXAMINATION

OF DEFENDANTíS MENTAL CONDITION

 

THIS CAUSE COMING on to be heard upon the:

 

    Courtís own motion

    Motion of the Attorney for the Defendant

    Motion of the Pro Se Defendant

    Motion of the State

 

in the above styled cause, to determine the mental condition of the defendant, and the court being otherwise fully advised, it is

 

ORDERED:

 

2.      That said motion is hereby granted.

 

2.†† ††††† Dr. _____________________________ is appointed to examine the defendant.

 

††††† ††††† The Agency for Persons with Disabilities is appointed to examine the defendant because

††††† ††††† the defendantís suspected mental condition is retardation or autism.

 

As of this date, the defendant is:

 

________Not in Custody (Please contact defense counsel for scheduling)

________In the Pinellas County Jail

 

3.†† That the Sheriff of Pinellas County shall permit the above-named experts to enter the Pinellas County Jail to conduct the foregoing evaluation of the Defendant upon presentment of this Order.

 

4.†† That a copy of the order serves as authorization for the Expert to inspect and copy any discoverable information relating to the Defendant maintained by the Clerk of this Court, State Attorneyís Office, any hospital, doctor, or any health care provider, therapist, psychiatrist, psychologist, counselor, or any mental health provider, or other social or human services agency without the necessity of written consent by Defendant.

 

5.†† This cause is scheduled for a hearing on the issue of the defendantís competency to proceed at ___________ on the ________ day of ________.That the expert shall submit a written evaluation of the defendantís mental condition to this Court with copies to the Attorney for the State and the Attorney for the defendant on or before the ___________ day of __________, which shall include but is not limited to:

 

    Competence to Proceed (Fla. R. Crim. P. 3.211(a)).Whether due to mental illness, mental retardation or autism, that the defendant has sufficient present ability to consult with counsel with a reasonable degree of rational understanding and whether the defendant has a rational, as well as factual, understanding of the pending proceedings.In considering the issue of competence to proceed, the examining expert shall consider and include in their report, the following factors, and any other factors deemed relevant by the experts, as they pertain to the defendantís capacity to:

 

1.      Appreciate the charges or allegations against him;

2.      Appreciate the range and nature of possible penalties which may be imposed against him;

3.      Understand the adversary nature of the legal process;

4.      Disclose to his attorney facts pertinent to the proceedings at issue;

5.      Manifest appropriate courtroom behavior; and

6.      Testify relevantly

 

Recommended Treatment (Fla. R. Crim. P. 3.211 (b)).Should the appointed expert find that the defendant is incompetent to proceed, then the expert shall report on any recommended treatment for the defendant to attain competence to proceed.The expertís report and recommendations shall include consideration of the following:

1.      The mental illness or mental retardation causing the incompetence;††

2.      The treatment or treatments appropriate for the mental illness or mental retardation of the defendant and an explanation of each of the possible treatment alternatives in order of choices;

3.      The availability of acceptable treatment, including whether the treatment is available in the community;

4.      The likelihood of the defendant attaining competence under the recommended treatment, an assessment of the probable duration of the treatment required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future.

 

    Defendantís sanity at the time of the alleged offense (MíNaghten Rule) (Fla. R. Crim. P. 3.211 (c)).

    Aid for sentencing Ė whether the defendantís mental condition presents any factors that may aid in sentencing the defendant. Fla. Stat. 921.0026

    Aid for sentencing (Capital Case) Ė If the State Attorney is seeking the imposition of the death penalty against the defendant, the expertís report shall include any information which may have a bearing on statutory or non-statutory mental mitigating circumstances.Fla. R. Crim. P. 3.202

    Mental retardation as a bar to execution (Capital Case) (Fla. R. Crim. P. 3.203) Ė If the State Attorney is seeking imposition of the death penalty, the expertsí report shall include any findings on the issue of whether the defendant has mental retardation.Fla. Stat. 921.137

 

†††††† 6. That all written reports submitted by the expert shall contain the following:

1.                  A list of the specific matters referred for evaluation;

2.                  A description of the evaluation procedure, techniques and tests used in the examination and purpose for each;

3.                  The expertís clinical observations, findings, and opinions on each issue referred for evaluation by the Court, and specific identification of those issues which the expert could not give an opinion;

4.                  An identification of the sources of information used by the expert and a presentation of the factual basis for the expertís clinical findings and opinions.

 

All information contained in the motion to determine competency of the defendant or in any report submitted under this order, insofar as the information relates solely to the issues of competency to proceed or to commitment, shall be used only in determining the mental competency to proceed or the commitment or other treatment of the defendant.

 

†††††† 7. If an order is entered for the determination of competence, the appointed expert shall be paid in accordance with the current Administrative Order regarding payment of appointed experts or the terms of his or her contract with the Sixth Judicial Circuit.If an order is entered to determine the defendantís sanity at the time of the alleged offense or as an aid for sentencing then the appointed expert shall be paid in accordance with the current Administrative Order regarding payment of appointed experts or the terms of his or her contract with the Sixth Judicial Circuit

 

†††††† 8.Payment for competency evaluations to determine competence to proceed or to determine recommended treatment for competence to proceed shall be made by the court, except where the Agency for Persons with Disabilities is appointed to examine the defendant in which case the Agency shall pay for such examination.When paid by the court, expert shall submit the bill and appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the court at:

 

    Court Administration

Administrative Office of the Courts, Fiscal Office

14250 49th St. North

Clearwater, FL 33762

 

When a request is made for an evaluation of the defendant to determine the defendantís sanity or as an aid for sentencing, the requesting party shall pay.The expert shall submit a copy of that bill and the appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the entity indicated below which is hereby ordered to pay the expert: †††††††

 

    When requested by the Public Defender:

Public Defender

14250 49th St. North

Clearwater, FL 33762

 

    When requested by Court appointed counsel, counsel for a defendant
determined indigent for costs, or a pro se defendant who is indigent for cost:

††††† Justice Administrative Commission

††††† PO BOX 1654
†††Tallahassee, FL 32302

 

    When requested by the State Attorney:

†† State Attorney

PO BOX 5028

Clearwater, FL 33758-5028

 

    When requested by the attorney for a Non-Indigent Defendant or by Non‑Indigent Pro Se Defendant:

 

††††† _________________________________

 

†† †† _________________________________

 

Payment for evaluations to determine mental retardation as a bar to execution shall be made by the court, except where the State Attorney selects the expert under Fla. R. Crim. P. 3.203(c)(2).The expert shall submit a copy of his or her bill and the appropriate invoice with an attached copy of this Order Directing Examination of the Defendantís Mental Condition to the entity indicated below which is hereby ordered to pay the expert:††

†††††††††††

    Court Administration

Administrative Office of the Courts, Fiscal Office

14250 49th St. North

    When requested by the State Attorney:

†† State Attorney

PO BOX 5028

Clearwater, FL 33758-5028

 

DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, this _______day of _____________.

 

____________________________

CIRCUIT JUDGE

cc: ††††††

 

Pinellas County Sheriff

___________________, Expert

___________________, Counsel for the Defendant

___________________, Entity Ordered to Pay

___________________, Entity Ordered to Pay