Summary

Section 27.701(2), Florida Statutes, provides for the implementation of a pilot program whereby the responsibilities of the Capital Collateral Regional Counsel (CCRC) – Northern Region were transferred, effective July 1, 2003, to a registry of attorneys in private practice maintained by the Executive Director of the Commission on Capital Cases.  The summary of our findings related to implementation of the pilot program is as follows:

• Costs incurred to implement the pilot program at the CCRC – Northern Region office totaled $59,593.03.  Additionally, former employees of the CCRC – Northern Region were paid $154,816.93 for unused annual and sick leave as of their dates of termination.  Continued operating costs that were incurred to keep the office open during the transition period were $38,518.08.

• No funds were appropriated to pay for costs incurred during the 2003-04 fiscal year in connection with the implementation of the pilot program.  The source of funding has not been determined for unemployment compensation benefits earned but not paid from certifications forward as of December 31, 2003, and benefits earned after December 31, 2003, for former CCRC – Northern Region employees.

• Salary increases and awards of approximately $13,500 were provided to CCRC - Northern Region employees in the month preceding the implementation of the pilot program at the CCRC - Northern Region office.

• Several registry attorneys were assigned capital cases in excess of the 5-case limit established by Section 27.711(9), Florida Statutes.

• Some of the registry attorneys assigned cases within the jurisdiction of the U.S. District Court for North Florida were not included on the Federal registry for that Court.

• Records were not available to demonstrate that the registry attorneys appointed to provide representation in former CCRC – Northern Region cases met the continuing education requirements established by Section 27.710, Florida Statutes.

• Several of the registry applications filed by attorneys appointed to provide representation in former CCRC – Northern Region cases were filed by e-mail and did not include the certifications required to demonstrate compliance with eligibility requirements.

• Delivery of case files to appointed registry attorneys was accomplished in a timely manner.

• Documentation of a physical inventory of equipment owned by the CCRC - Northern Region taken at the time of the implementation of the pilot program was not available for our examination and several items included on the property listing and identified as having been “trashed” or otherwise disposed of, were not documented as to their disposition.

The response from the Executive Director of the Capital Collateral Regional Counsel – Middle Region, along with the responses from the Executive Directors of the Justice Administrative Commission and the Commission on Capital Cases can be viewed in their entirety on the Auditor General’s Web site.