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June 18, 2004



This memorandum sets forth the procedures applicable to all disbursement requests by the Justice Administrative Commission (JAC) and procedures applicable to disbursement requests by JAC for the payment of attorney's fees to private court appointed counsel pursuant to Section 27.5304, Florida Statutes.

All invoices submitted for payment must be in sufficient detail for a proper pre-audit and must be submitted on the standard voucher format as required by Section 69I-40.001, Florida Administrative Code. This format requires a certification statement that the “transactions are in accordance with the Florida Statutes, and all applicable laws and rules of the State of Florida.” The title and signature of the person making the certification must be shown on the voucher schedule.

Vouchers seeking payment of attorney's fees to private court-appointed counsel must comply with the applicable limitations set forth in Section 27.5304, Florida Statutes, unless the requested disbursement is supported by all of the following documentation:

(a) a copy of a written notification to counsel from the JAC that the attorney's fee invoice submitted by counsel exceeds the applicable statutory limitation for the type of representation involved;

(b) any written objection to the payment of the fees submitted by the JAC to the court having jurisdiction of the matter in which the representation occurred;

(c) a court order directing payment of the fees which contains specific findings that the fees claimed are reasonable and incurred as the result of unusual or extraordinary circumstances associated with the representation; and

(d) an itemized invoice with a detailed description of hours worked by counsel in connection with the representation for which payment is sought.

Questions on this information may be addressed to Cheri Greene at 850-410-9363, SunCom 210-9363, cgreene@dfs.state.fl.us; or Sharon Schrader at 850-410-9323, SunCom 210-9323, sschrade@dfs.state.fl.us.