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INSTRUCTIONS FOR
REGISTRY/OFF-REGISTRY CONTRACT

Any attorney may execute a statewide JAC Court-Appointed Registry Contract (Registry Contract). This contract will then apply to any registry or off-registry appointments received through the end of the State Fiscal Year (June 30th). In most instances, an attorney will only need to execute a single Registry Contract during the course of a fiscal year. Once an attorney signs the Registry Contract, the attorney may be eligible for compensation for all court appointments, including off-registry appointments, from any circuit provided they are on the circuit’s court-appointed registry or provide an appropriate off-registry order of appointment (see below).

Attorneys should be aware that executing the Registry Contract does not automatically result in registry appointments. An attorney will still need to seek inclusion in one or more circuits’ court-appointed registries in order to receive appointments. The attorney will need to contact the appropriate local court personnel for information about how to apply for inclusion in a court-appointed registry. A listing of each circuit court’s registry personnel can be found at: Circuit Registry Contact List.

The Registry Contract will ONLY become valid for a particular circuit when the attorney is approved by the Chief Judge in that circuit and JAC receives the circuit’s registry with the attorney’s information from the circuit’s registry clerk. To be removed from a circuit registry, attorneys must contact the registry clerk in that circuit.

Please be advised that the current Registry Contracts will expire at the conclusion of the State Fiscal Year (June 30th) and must be renewed annually. Pursuant to s. 27.40, F.S., attorneys must enter into a contract with JAC in order to be included on a circuit registry for appointment as private court-appointed counsel. JAC does not assign cases to attorneys. Only the court may appoint an attorney pursuant to s. 27.40, F.S. A copy of the current fiscal year Registry Contract and a summary of the contract changes approved by the Commission this year can be found below:


Please note:  If you are an attorney who represents privately retained clients who have been determined Indigent for Costs (IFC), it is necessary to execute an Attorney Contract for Due Process Services for Persons Who Are Indigent for Costs (IFC Contract).

Click here for the IFC Contract or locate it under the Indigent for Costs tab.

Cases Involving Off-Registry Appointments: The Registry Contract allows for circumstances where Off-Registry Appointments are necessary. Specifically, the provision requires that off-registry orders of appointment include language finding there were no registry attorneys available for representation or other good cause for an off-registry appointment pursuant to s. 27.40(7)(a), F.S.

Every attorney accepting an off-registry appointment, is responsible for verifying that language justifying the off-registry appointment is included in the order of appointment. In the event the order is insufficient to justify an off-registry appointment, payment will be delayed until the attorney provides JAC with an appropriate order. Cases involving off-registry appointments require contacting JAC Contracts at contracts@justiceadmin.org to setup a MyJAC account, and opening the case in MyJAC in the same manner as a court-appointed case.

Only a preview copy of the Registry Contract is available on JAC's website. An executable version of the Registry Contract is available at MyJAC (JAC’s secure website) only. First time attorneys wanting to complete a Registry Contract must contact JAC Contracts using the secure email form; please include your name, Bar ID, and preferred email address. Once you are added to JAC’s system, you will receive an email with instructions on how to set up a username and password to access MyJAC. It is the responsibility of the attorney to ensure that the contact/email information on file with JAC is up to date. Attorneys who have not set up a MyJAC account will need to do so before they can execute the Registry Contract.

Additionally, all vendors obtaining payment from JAC are required to have submit a Substitute W-9 and register for Electronic Funds Transfer/Direct Deposit (EFT) with the Florida Department of Financial Services (DFS). Prior to executing a Registry Contract, please ensure that you have filed your Substitute W-9 and Electronic Funds Transfer (EFT) forms directly with DFS (not JAC). For more information, please contact DFS directly.

If you have not already executed the new Registry Contract and you HAVE been approved by the Chief Judge for a circuit registry and you have received an email from JAC advising you of an available Registry Contract, please go to www.justiceadmin.org and log in to MyJAC as follows:

  • Enter your username and password and click “Login”. If you do not recall your username/password, click “Forgot your username or password?” for instructions on how to retrieve your account information.
  • Next, click “Registry Contract” on the left side navigation menu of the “Welcome to MyJAC” page.
  • On the following page, you must certify that you have applied for Electronic Funds Transfer (EFT) and a Substitute W-9 with DFS. (Note: If you do not have a Substitute W-9 on file with DFS and if you do not check both certification boxes, you will be unable to proceed).
  • Next, click “Go to Registry Contract Submission.”
  • On the “Contract Generation and Submission” page, in the “Attorney Details” box, you may enter or verify your information, making sure to follow the proper formatting examples. If you need to change your contact information, you may do so by clicking the box at the top right corner of the screen.
  • Under the Federal Employer Identification Number (FEIN) and Payee Information section, the FEIN field will auto-populate with the FEIN JAC has on file. If the FEIN is incorrect, check the box indicating that you wish to add/change the FEIN on file. Please note, if an attorney’s FEIN number changes during the course of the year, the attorney must sign a new contract.
  • Next, check the box to certify that you have verified all of the information on the form. Three additional certification boxes will appear for your review and execution. You must check all three certification boxes to continue.
  • Click on “Preview Draft Contract” (open, review carefully, and close). You must open, review, and close your draft contract in order to proceed.
  • Next, check the acknowledgment of contract preview box.
  • Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions listed on the screen.
  • Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the attorney rather than an assistant must be the person electronically signing the contract.
  • When JAC receives the contract, you will receive an email confirming receipt to the email address on file. Once the contract has been approved by JAC, an email notification will be sent to you. You may view a copy of the signed contract by logging into your MyJAC account.


IMPORTANT NOTES:


Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify at PublicRecords@justiceadmin.org.


INSTRUCTIONS FOR
CAPITAL COLLATERAL ATTORNEY APPOINTMENTS/JAC CONTRACT

Any Capital Collateral Registry attorney who is appointed to a capital collateral postconviction case by a court is responsible for ensuring that the Order of Appointment for the case indicates that:

  • The defendant/client is indigent and eligible for court-appointed counsel, and
  • The Offices of Capital Collateral Regional Counsel have a conflict precluding representation pursuant to s. 27.703, F.S.

The documents provided to JAC must clearly indicate that the defendant/client is under sentence of death as affirmed by the Florida Supreme Court in order to distinguish these cases from other postconviction cases. It is the attorney’s responsibility to provide JAC with the Order of Appointment and the Florida Supreme Court opinion affirming the sentence of death.

Each private attorney who is appointed by the court to represent a capital defendant must enter into a contract with the JAC. JAC has replaced the case specific Capital Collateral Contract with a Capital Collateral Registry Contract beginning in Fiscal Year 2021-22. Attorneys will now sign a Capital Collateral Registry Contract each year that will cover all capital collateral appointments up through the end of the state fiscal year on June 30th. Execution of the Capital Collateral Registry Contract is required for new appointments.

An executable version of the Capital Collateral Registry Contract is available through MyJAC (JAC’s secure website). First time attorneys wanting to complete a Capital Collateral Registry Contract must contact JAC’s Contracts section via secure email form; please include your name, Bar ID, and preferred email address. Once you are added to JAC’s system, you will receive an email with instructions on how to create a username and password to access MyJAC. It is the responsibility of the attorney to ensure that the contact/email information on file with JAC is up to date. Attorneys who have not set up a MyJAC account will need to do so before they can execute the Capital Collateral Registry Contract.

Please know that to execute the Capital Collateral Registry Contract, you must be a member of the Capital Collateral Attorney Registry maintained by JAC. Information about the Capital Collateral Attorney Registry and the forms to apply for inclusion are available at: Capital Collateral Attorney Registry

By law, private attorneys may only be appointed to capital collateral cases from this Registry. Upon appointment, the attorney must notify JAC within 30 days and execute the JAC Capital Collateral Registry Contract per s. 27.710(4), F.S., if the attorney has not already done so.

Additionally, all vendors obtaining payment from JAC are required to submit a Substitute W-9 and register for Electronic Funds Transfer/Direct Deposit (EFT) with the Florida Department of Financial Services (DFS). Prior to executing a JAC contract, please ensure that you have filed your Substitute W-9 and Electronic Funds Transfer (EFT) forms directly with DFS (not JAC). For more information, please contact DFS directly.

If you have not already executed the new Capital Collateral Registry Contract and you HAVE been approved by JAC to participate in the Capital Collateral Attorney Registry, please go to www.justiceadmin.org and log in to MyJAC as follows:

  • Enter your username and password and click “Login”. If you do not recall your username/password, click “Forgot your username or password?” for instructions on how to retrieve your account information.
  • Next, click “Capital Collateral Contract” on the left side navigation menu of the “Welcome to MyJAC” page.
  • On the following page, you must certify that you have applied for Electronic Funds Transfer (EFT) and a Substitute W-9 with DFS. (Note: If you do not have a Substitute W-9 on file with DFS and if you do not check both certification boxes, you will be unable to proceed).
  • Next, click “Go to Capital Collateral Contract Submission.”
  • On the “Contract Generation and Submission” page, in the “Attorney Details” box, you may enter or verify your information, making sure to follow the proper formatting examples. If you need to change your contact information, you may do so by clicking the box at the top right corner of the screen.
  • Under the Federal Employer Identification Number (FEIN) and Payee Information section, the FEIN field will auto-populate with the FEIN JAC has on file. If the FEIN is incorrect, check the box indicating that you wish to add/change the FEIN on file. Please note, if an attorney’s FEIN number changes during the course of the year, the attorney must sign a new contract.
  • Next, check the box to certify that you have verified all of the information on the form. You must check all certification boxes to continue.
  • Click on “Preview Draft Contract” (open, review carefully, and close). You must open, view, and close your contract in order to proceed.
  • Next, check the acknowledgment of contract preview box.
  • Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions listed on the screen.
  • Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the attorney rather than an assistant must be the person electronically signing the contract.
  • When JAC receives the contract, you will receive an email confirming receipt to the email address on file. Once the contract has been approved by JAC, an email notification will be sent to you. You may view a copy of the signed contract by logging into your MyJAC account.


IMPORTANT NOTES:


Pursuant to s 27.710(4), F.S., you must execute the Capital Collateral Registry Contract within 30 days of your appointment to a capital collateral case. If you fail to do so, then JAC must notify the trial court. If you have any questions, please contact JAC Contracts for contract-related inquiries or the JAC Online Support Team for billing inquiries.

Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify to PublicRecords@justiceadmin.org.

INSTRUCTIONS FOR
ATTORNEY CONTRACT FOR DUE PROCESS SERVICES FOR PERSONS WHO ARE INDIGENT FOR COSTS
(IFC CONTRACT)

JAC’s statewide Attorney Contract for Due Process Services for Persons determined Indigent For Costs (IFC Contract) applies to all cases for which an attorney represents clients declared indigent for costs pursuant to s. 27.52(5), F.S., or other applicable provision of Florida law. IFC Contracts are only available on MyJAC (JAC’s secure website).

Please be advised that current IFC Contracts will expire at the conclusion of the State Fiscal Year (June 30th) and must be renewed annually. Pursuant to s. 27.52(5), F.S., in order for state payment either directly to a due process vendor or attorney reimbursement for payment of due process services in an IFC case, a private attorney must execute an IFC Contract. Below please find a review copy of JAC’s IFC Contract, as well as other pertinent information.

      Review copy of 2021-2022 IFC Contract

Only a preview copy of JAC’s IFC Contract is available on JAC's website. An executable version of the IFC Contract is available at MyJAC (JAC’s secure website) only. First time attorneys wanting to complete an IFC Contract must contact JAC Contracts by secure email form; please include your name, Bar ID, and preferred email address. Once you are added to JAC’s system, you will receive an email with instructions on how to set up a username and password to access MyJAC. It is the responsibility of the attorney to ensure that the contact/email information on file with JAC is up to date. Attorneys who have not set up a MyJAC account will need to do so before they can execute the IFC Contract.

If you are an attorney whose clients have been declared indigent for costs, and you have not signed an IFC Contract, please follow the instructions below:

  • Enter your username and password and click “Login”. If you do not recall your username/password, click “Forgot your username or password?” for instructions on how to retrieve your account information.
  • Next, click “IFC Contract” on the left side navigation menu of the “Welcome to MyJAC” page. Then click “Go to IFC Contract Submission.”
  • On the “IFC Contract Generation and Submission” page, in the “Attorney Details” box, you may enter or verify your information, making sure to follow the proper formatting examples. If you need to change your contact information, you may do so by clicking the box at the top right corner of the screen.
  • Under the Federal Employer Identification Number (FEIN) and Payee Information section, you must indicate whether you intend on seeking reimbursement for due process costs. All attorneys/vendors obtaining reimbursement from JAC are required to provide an FEIN and submit a Substitute Form W-9 to DFS.

    • If you intend on seeking reimbursement for due process costs, check the box certifying your intent to seek reimbursement. After checking the box, the FEIN JAC has on file will auto populate. If the FEIN is incorrect, check the box indicating that you wish to change the FEIN on file. Please note, if an attorney’s FEIN number changes during the course of the year, the attorney must sign a new contract.
    • If you do not intend to seek reimbursement for due process costs, you do not need to provide a FEIN or submit a Substitute W-9 Form to DFS. In this case, leave the checkbox blank and continue to the Certification and Preview Draft Contract section.
  • Next, check the box to certify that you have verified all of the information on the form. Two additional certification boxes will appear for your review and execution. You must review and check all certification boxes to continue.
  • Click on “Preview Draft Contract” (open, view and close). You must open, review and close your draft contract in order to proceed.
  • Next, check the acknowledgment of contract preview box.
  • Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions listed on the screen.
  • Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the attorney rather than an assistant must be the person electronically signing the contract.
  • When JAC receives the contract, you will receive an email confirming receipt to the email address on file. Once the contract has been approved by JAC, an email notification will be sent to you. You may view a copy of the signed contract by logging into your MyJAC account.


IMPORTANT NOTES:


Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for certain individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify via email at PublicRecords@justiceadmin.org.


INSTRUCTIONS FOR
 DUE PROCESS CONTRACTS

The current Type 1 and Type 2 Contract for Due Process Services (Due Process Contract) expire at the end of each State Fiscal Year (June 30th) and must be renewed annually. Pursuant to s. 27.425, F.S., the JAC approves uniform contracts and procedures for use in procuring due process services when representing indigent persons in order to demonstrate completion, receipt, and satisfaction with such services for state-payment.

PLEASE BE ADVISED:

  • The JAC does not assign work or cases to due process vendors.
  • When executing a Due Process Contract, the vendor must certify they hold the necessary occupational and/or professional license(s) to provide services.
  • All vendors must utilize a Federal Employer Identification Number (FEIN) to receive payments. For security purposes, JAC does not accept Social Security Numbers (SSN).
  • All vendors requesting payment from JAC are required to submit their Substitute Form W-9 directly to DFS. Information and forms are available on the DFS website. (Please follow the instructions to complete the Substitute Form W-9). Vendors cannot execute a contract or receive payment without an active W-9 on file with DFS.
  • All vendors obtaining payment from JAC are required to register for Electronic Funds Transfer/Direct Deposit (EFT) with the Department of Financial Services (DFS). Information and the forms to register for EFT are available on the DFS website.
  • Vendors must register with MyJAC and execute a new contract anytime their FEIN changes.
  • Vendors who are Florida Retirement Service (FRS) member must submit a FRS Employment Certification form before any contract will be approved. Please be aware that if you have retired within the last 12 months, your retirement benefits may be negatively affected if you receive payments from JAC. The form is available at: https://www.myfrs.com/pdf/forms/cert.pdf. Please submit completed forms to: JAC Contracts.
  • Per s. 27.5305, F.S., Florida law prohibits the appointment of out-of-state due process vendors. This provision bars payment of travel expenses for such vendors absent a specific finding that there are no due process vendors with the appropriate skill or expertise in Florida. Also, if a due process vendor lists a Florida address as their place of business, the vendor waives any right to travel expenses to travel to Florida absent extraordinary circumstances.

The Type 1 Contract for Due Process Services (Type 1 Due Process Contract) is for vendors providing ordinary due process services in private court-appointed cases such as court reporters, interpreters, videographers, private investigators, mitigation specialists, and private process servers. This contract provides that all services will be compensated at the rates established by the Legislature or by JAC where the Legislature has not established a rate. If a vendor bills in excess of the established rates, JAC will be authorized to adjust the billing to the correct rate and then process the billing for payment.

The Type 2 Contract for Due Process Services (Type 2 Due Process Contract) is for vendors providing extraordinary services such as psychologists, psychiatrists, medical doctors, and experts. Although these services should be at the established rates, the contract provides a mechanism to exceed those rates where the vendor's expertise or other factors warrant compensation at a rate higher than established rates. Except in exceptional circumstances, the Type 2 Due Process Contract will not be executed with vendors of ordinary due process services such as court reporters and private investigators.

LICENSE REQUIREMENTS:

  • Investigators: Valid A-license and C-license numbers of the investigator who owns the investigative firm are required to be listed on the Due Process Contract. No contract will be approved unless both licenses are valid.
  • Mitigation Specialists: Must provide either (1) a valid A-license and C-license number, or (2) a Florida Bar number and be in good standing with the Florida Bar, or (3) a professional Florida license in a field such as mental health or psychology (i.e. Licensed Clinical Social Worker).
  • Experts: Applicable license(s) and experience.
  • Out-of-State Vendors: License(s) may be optional.

Instructions to complete a Due Process Contract:

  • Click on “Vendor Contracts” to submit a current fiscal year contract.
  • You must certify that you have applied for EFT (Electronic Funds Transfer) and a Substitute W-9 directly with DFS. Note: If you do not check both certification boxes, you cannot proceed.
  • You must select whether you are a Florida Retirement System (FRS) member. If you are a FRS member, your contract submission will be rejected if you do not submit a completed FRS Certification form.
  • Click “Go to Vendor Contract Submission.”
  • Your FEIN and the Contract year will auto-populate at the top of the screen.
  • Select the service category(ies) and sub categories for the services you are willing to provide.
  • Select any circuit(s) and county(ies) where you are willing to provide services. Please Note: Out-of-State Vendors cannot select Circuits or Counties.
  • Add any additional information about your services in the Comments Box, if needed. Please be aware that most information entered in the Comments Box will be published on JAC’s website unless you choose not to enter any information.
  • The “vendor details” page will list the categories and circuits you selected.
  • If your information automatically populates, please verify the information. Keep in mind:

    • The vendor name field must be identical to your W-9 name on file with the Department of Financial Services (DFS).
    • If any contact information is incorrect, select “Check here if you wish to change Name/Contact Information.”
  • If no information automatically populates, complete all required fields.
  • In the next section, click the check box if you want your information published in JAC’s Due Process Vendor with Contract list on JAC’s website. Please note: Vendors claiming a records exemption and Out-of-State Vendor information will NOT be posted on JAC’s website.
  • In the next section, enter the INDIVIDUAL License Number and the FIRM License Number, if applicable. See below for license requirements:
    • Investigators: Valid A-license and C-license number of the investigator who owns the investigative firm are required to be listed on the Due Process Contract. No contract will be approved unless both licenses are valid.
    • Mitigation Specialists: Must provide either (1) a valid A-license and C-license number, or (2) a Florida Bar number and be in good standing with the Florida Bar, or (3) a professional Florida license in a field such as mental health or psychology (i.e. Licensed Clinical Social Worker).
    • Experts: Applicable license(s) an experience.
    • Out-of-State Vendors: License(s) may be optional.
  • Click the License Certification box. Selection of this box is REQUIRED to proceed.
  • Under the “Payee Information,” Legal Entity or Sole Proprietor (Principal Owner) section, you must select one option, either “Legal Entity” or “Sole Proprietor”. Next, enter the name of the Authorized Representative. The name must be the name of the person authorized to execute the contract, not the company name.
  • Under the Certification and Preview Draft Contract section, select the checkbox in the last section to certify that you have verified all the information and that the information is correct. Please read and select each checkbox to certify all statements.
  • After making all certifications, you must carefully preview the draft contract to continue. Click on “Preview Draft Contract.”
  • Once you have reviewed the preview draft contract, you must select the checkbox stating: I acknowledge that I have read the preview of the contract.
  • Under the Contract Submission Method section, indicate whether you wish to submit the contract electronically or by postal mail. If you choose to submit your contract by postal mail, click the “Printable Contract for Submission by Mail” button and follow the instructions on the screen.
  • Please be advised that, under Florida law, an electronic signature is deemed equivalent to a physical signature. For this reason, the vendor or an individual authorized to sign on behalf of the company/vendor must be the person electronically signing the contract.



IMPORTANT NOTES:


Public Records Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some individuals from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation information. If you intend to claim a public records exemption, please submit your completed Attorney/Vendor Public Records Exemption Form and supporting documents showing you qualify to PublicRecords@justiceadmin.org.



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