Florida HB 177: Offices of Criminal Conflict and Civil Regional Counsel

Bill Text

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An act relating to offices of criminal conflict and 2
civil regional counsel; amending s. 27.511, F.S.; 3
requiring offices of criminal conflict and civil 4
regional counsel to provide notice to the court in 5
certain circumstances; authorizing courts to appoint 6
an office of criminal conflict and civil regional 7
counsel from another region to represent a defendant 8
if certain requirements are met; requiring the court 9
to appoint private counsel under certain 10
circumstances; requiring the Justice Administrative 11
Commission to pay an appointed office of criminal 12
conflict and civil regional counsel for due process 13
costs and services, subject to legislative 14
appropriation; requiring appointed counsel to provide 15
certain documentation to the Justice Administrative 16
Commission in order to receive payment or 17
reimbursement; amending s. 744.331, F.S.; conforming a 18
cross-reference; providing an effective date. 19
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Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Subsections (6) through (10) of section 27.511, 23
Florida Statutes, are renumbered as subsections (7) through 24
(11), respectively, and a new subsection (6) is added to that 25

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section to read: 26
27.511 Offices of criminal conflict and civil regional 27
counsel; legislative intent; qualifications; appointment; 28
duties.— 29
(6)(a) Notwithstanding ss. 27.40 and 27.5305, if an office 30
of criminal conflict and civil regional counsel has been 31
appointed to represent an indigent defendant in a case in which 32
the state has filed a notice of intent to seek the death penalty 33
and the office of criminal conflict and civil regional counsel 34
determines that it has a conflict of interest or that it can 35
otherwise no longer represent the defendant, the office of 36
criminal conflict and civil regional counsel must provide notice 37
to the court. Upon receiving such notice, the court is 38
authorized to appoint an office of criminal conflict and civil 39
regional counsel from another region specified in subsection (1) 40
to represent the defendant, provided that such office does not 41
have a conflict of interest and provided that the regional 42
counsel of such office concurs, at his or her sole discretion, 43
to accept the appointment. If an office of criminal conflict and 44
civil regional counsel cannot be appointed to represent a 45
defendant under this paragraph, the judge must appoint private 46
counsel. 47
(b)1. Subject to legislative appropriation, when an office 48
of criminal conflict and civil regional counsel accepts an 49
appointment under paragraph (a), all due process costs and 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

services must be paid from funds designated for such purpose and 51
administered by the Justice Administrative Commission. 52
2. To receive payment or reimbursement under subparagraph 53
1., the regional counsel, or his or her designee, must certify 54
that the due process costs and services are case related, and he 55
or she must also submit appropriate documentation of expenses. 56
Section 2. Paragraph (a) of subsection (2) of section 57
744.331, Florida Statutes, is amended to read: 58
744.331 Procedures to determine incapacity.— 59
(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.— 60
(a) When a court appoints an attorney for an alleged 61
incapacitated person, the court must appoint the office of 62
criminal conflict and civil regional counsel or a private 63
attorney as prescribed in s. 27.511(7) s. 27.511(6). A private 64
attorney must be one who is included in the attorney registry 65
compiled pursuant to s. 27.40. Appointments of private attorneys 66
must be made on a rotating basis, taking into consideration 67
conflicts arising under this chapter. 68
Section 3. This act shall take effect July 1, 2026. 69