Florida SB 762: Offices of Criminal Conflict and Civil Regional Counsel

Bill Text

762 
Offices of Criminal Conflict and Civil Regional Counsel 
2026-02-26T08:18:56Z 
Requiring that an office of criminal conflict and civil regional counsel provide a certain written notice to the court under specified conditions; authorizing the court to appoint an office of criminal conflict and civil regional counsel in another region for certain cases in certain circumstances; requiring the court to consider judicial economy and geographic proximity when making certain appointments; requiring such appointed counsel to provide certain documentation to the Justice Administrative Commission for reimbursement, subject to legislative appropriation, etc. 
Committee Substitute 2 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c2 

 Florida Senate - 2026 CS for CS for SB 762 

 By the Appropriations Committee on Criminal and Civil Justice; 
 the Committee on Judiciary; and Senators Martin and Rouson 

 604-03222-26 2026762c2 
 1 A bill to be entitled 
 2 An act relating to offices of criminal conflict and 
 3 civil regional counsel; amending s. 27.511, F.S.; 
 4 requiring that an office of criminal conflict and 
 5 civil regional counsel provide a certain written 
 6 notice to the court under specified conditions; 
 7 providing requirements for the written notice; 
 8 authorizing the court to appoint an office of criminal 
 9 conflict and civil regional counsel in another region 
 10 for certain cases in certain circumstances; providing 
 11 construction; requiring the court to consider judicial 
 12 economy and geographic proximity when making certain 
 13 appointments; requiring such appointed counsel to 
 14 provide certain documentation to the Justice 
 15 Administrative Commission for reimbursement, subject 
 16 to legislative appropriation; requiring each regional 
 17 office that accepts such appointments to biannually 
 18 submit a specified report to the commission; requiring 
 19 the appointment of private counsel in certain 
 20 circumstances; amending s. 744.331, F.S.; conforming a 
 21 cross-reference; providing an effective date. 
 22 
 23 Be It Enacted by the Legislature of the State of Florida: 
 24 
 25 Section 1. Present subsections (6) through (10) of section 
 26 27.511, Florida Statutes, are redesignated as subsections (7) 
 27 through (11), respectively, and a new subsection (6) is added to 
 28 that section, to read: 
 29 27.511 Offices of criminal conflict and civil regional 
 30 counsel; legislative intent; qualifications; appointment; 
 31 duties.— 
 32 (6)(a) At any time that an office of criminal conflict and 
 33 civil regional counsel determines that it can no longer 
 34 represent an indigent defendant in a death penalty case due to a 
 35 conflict of interest or a lack of qualifications, it must 
 36 provide written notice to the court. The written notice must 
 37 state that the person has been determined to be indigent under 
 38 s. 27.52, that the state has filed a notice of intent to seek 
 39 the death penalty, and that it can no longer provide 
 40 representation due to a conflict of interest or a lack of 
 41 qualifications. Upon receiving the notice, the court is 
 42 authorized to appoint an office of criminal conflict and civil 
 43 regional counsel from another region to represent the defendant 
 44 provided that their designated counsel is qualified to provide 
 45 competent representation in death penalty cases. These 
 46 provisions are effective notwithstanding ss. 27.40 and 27.5305, 
 47 which authorize the appointment of a private attorney to 
 48 represent the defendant. When evaluating a case for referral and 
 49 appointment to an office of criminal conflict and civil regional 
 50 counsel under this section, the court shall consider judicial 
 51 economy and geographic proximity. 
 52 (b) Subject to legislative appropriation, the office of 
 53 criminal conflict and civil regional counsel appointed from 
 54 another region under paragraph (a) shall provide documentation 
 55 for all due process costs and services of representation to the 
 56 Justice Administrative Commission for reimbursement. 
 57 (c) Biannually, by February 1 and August 1, each regional 
 58 office of the office of criminal conflict and civil regional 
 59 counsel which accepts an appointment under paragraph (a) in a 
 60 case involving a person determined to be indigent under s. 27.52 
 61 in which the state has filed a notice of intent to seek the 
 62 death penalty shall submit a report to the commission. For each 
 63 case, the report must contain all of the following information: 
 64 1. The office of criminal conflict and civil regional 
 65 counsel appointed and the date of appointment, including the 
 66 name of counsel assigned. 
 67 2. The length of time the capital case has been pending. 
 68 3. The date the state filed a notice of intent to seek the 
 69 death penalty. 
 70 4. The number of victims. 
 71 5. The status of any ongoing discovery, including any 
 72 discovery dea