RE:INDEPENDENT EXPERT EXAMINATIONS - BAKER ACT CASES
In order to comply with §394.467(6)(a)2, Florida Statutes, which requires
the Court to provide for an independent expert examination in a Baker Act
proceeding if the patient cannot afford one; and
In order to provide compensation for independent experts who conduct evaluations
in accordance with §394.467, Florida Statutes, and who are paid with
county funds; and
In order to establish uniform compensation in all such cases, it is
ORDERED:
1.When a medical doctor, psychiatrist, Ph.D., or other expert with a doctorate
degree has been hired to conduct an independent expert examination in a
Baker Act proceeding, the following amounts will be paid:
| a. | Independent expert examination (This includes review of documents, travel other than to a scheduled hearing, testing, writing of the report, and telephonic testimony.) |
$300.00 |
| b. | In-court testimony | $150.00 per hour |
2.When an expert other than one identified above is hired to conduct
an independent
examination in a Baker Act proceeding, the following amounts will be paid:
| a. | Independent expert examination (This includes review of documents, travel other than to a scheduled hearing, testing, writing of the report, and telephonic testimony.) |
$175.00 |
| b. | In-court testimony | $ 75.00 per hour |
3. All experts will be paid:
| a. | Waiting to testify or preparation prior to court appearance or deposition | $ 60.00 per hour |
| b. | Travel to and from the court hearing in which the expert is called to testify | $ 50.00 per hour |
4.In Pasco County, the Pasco Administrative Judge or his or her designee
shall select
an independent expert from the Court's Pasco list on a strict rotation basis.
5.In Pinellas County, the Administrative Judge for the Guardianship and
Probate
Division or his or her designee shall select an independent expert from
the Court's Pinellas list on a strict rotation basis.
6.The lists of experts referred to in paragraphs 4 and 5 above shall
be composed of
experts approved by the Chief Judge or his or her designee. Once approved,
an expert may remain on the list(s) for as long as the expert and the Chief
Judge or his or her designee agree.
7. This order shall apply to all appointments made on or after April
1, 1997 in which the experts are paid with county funds.
Pinellas Administrative Orders 87-100, 88-125, 88-149, any Pasco Administrative Order, and any other letters or memoranda relating to the payment of experts performing independent medical examinations in Baker Act cases in which the expert is paid with county funds in Pasco or Pinellas County are hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this 20th day of March, 1997.
/s/ SUSAN F. SCHAEFFER
Susan F. Schaeffer, Chief Judge