THE BILL ITSELF
CS/CS/HB 177
Offices of Criminal Conflict and Civil Regional Counsel
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An act relating to offices of criminal conflict and
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civil regional counsel; amending s. 27.511, F.S.;
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requiring offices of criminal conflict and civil
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regional counsel to provide notice to the court in
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certain circumstances; authorizing courts to appoint
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an office of criminal conflict and civil regional
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counsel from another region to represent a defendant
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if certain requirements are met; requiring the court
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to appoint private counsel under certain
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circumstances; requiring the Justice Administrative
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Commission to pay an appointed office of criminal
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conflict and civil regional counsel for due process
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costs and services, subject to legislative
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appropriation; requiring appointed counsel to provide
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certain documentation to the Justice Administrative
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Commission in order to receive payment or
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reimbursement; amending s. 744.331, F.S.; conforming a
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cross-reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (6) through (10) of section 27.511,
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Florida Statutes, are renumbered as subsections (7) through
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(11), respectively, and a new subsection (6) is added to that
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section to read:
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27.511 Offices of criminal conflict and civil regional
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counsel; legislative intent; qualifications; appointment;
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duties.—
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(6)(a) Notwithstanding ss. 27.40 and 27.5305, if an office
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of criminal conflict and civil regional counsel has been
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appointed to represent an indigent defendant in a case in which
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the state has filed a notice of intent to seek the death penalty
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and the office of criminal conflict and civil regional counsel
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determines that it has a conflict of interest or that it can
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otherwise no longer represent the defendant, the office of
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criminal conflict and civil regional counsel must provide notice
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to the court. Upon receiving such notice, the court is
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authorized to appoint an office of criminal conflict and civil
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regional counsel from another region specified in subsection (1)
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to represent the defendant, provided that such office does not
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have a conflict of interest and provided that the regional
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counsel of such office concurs, at his or her sole discretion,
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to accept the appointment. If an office of criminal conflict and
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civil regional counsel cannot be appointed to represent a
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defendant under this paragraph, the judge must appoint private
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counsel.
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(b)1. Subject to legislative appropriation, when an office
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of criminal conflict and civil regional counsel accepts an
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appointment under paragraph (a), all due process costs and
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services must be paid from funds designated for such purpose and
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administered by the Justice Administrative Commission.
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2. To receive payment or reimbursement under subparagraph
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1., the regional counsel, or his or her designee, must certify
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that the due process costs and services are case related, and he
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or she must also submit appropriate documentation of expenses.
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Section 2. Paragraph (a) of subsection (2) of section
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744.331, Florida Statutes, is amended to read:
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744.331 Procedures to determine incapacity.—
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(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
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(a) When a court appoints an attorney for an alleged
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incapacitated person, the court must appoint the office of
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criminal conflict and civil regional counsel or a private
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attorney as prescribed in s. 27.511(7) s. 27.511(6). A private
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attorney must be one who is included in the attorney registry
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compiled pursuant to s. 27.40. Appointments of private attorneys
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must be made on a rotating basis, taking into consideration
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conflicts arising under this chapter.
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Section 3. This act shall take effect July 1, 2026.