HB0177 • 2026

Offices of Criminal Conflict and Civil Regional Counsel

Budget Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Judiciary Committee ; Criminal Justice Subcommittee ; Maney ; (CO-INTRODUCERS) Barnaby ; Partington
Last action: 2026-06-17
Official status: Chapter No. 2026-154
Effective date: 2026-07-01

Plain English Breakdown

The official text specifies that the conflict notice requirement applies only when a state has filed a 'notice of intent to seek the death penalty,' not all capital cases generally.

Rules for Appointing Lawyers in Death Penalty and Incapacity Cases

This law sets new steps for courts to follow when a regional public defender cannot represent a defendant due to a conflict of interest, specifically in death penalty cases or incapacity proceedings.

What This Bill Does

Requires the Office of Criminal Conflict and Civil Regional Counsel to tell the court if they have a conflict or can no longer represent an indigent defendant facing the death penalty.
Allows courts to appoint a regional counsel office from a different area to take over the case if that new office agrees to accept it at their sole discretion.
Mandates that judges must hire private lawyers if no other regional counsel office is available or willing to handle the conflict in these specific cases.
Requires the Justice Administrative Commission (JAC) to pay for legal costs and services when an outside regional counsel takes a case, subject to legislative appropriation.
Asks appointed lawyers to submit proof of expenses and certify that costs are related to the specific case before receiving payment.

Who It Names or Affects

Indigent defendants in cases where the death penalty is being sought or who face incapacity proceedings.
The Office of Criminal Conflict and Civil Regional Counsel across different regions.
Judges and courts that appoint legal representation for these defendants.

Terms To Know

Conflict of interest: A situation where a lawyer or office cannot fairly represent a client because their own interests clash with the client's needs, preventing them from continuing representation.
Indigent defendant: A person accused of a crime who does not have enough money to hire their own private lawyer and is entitled to court-appointed counsel.
Justice Administrative Commission (JAC): The state agency that administers funds designated for paying due process costs and services provided by regional counsel offices, subject to legislative appropriation.

Limits and Unknowns

Payment to lawyers depends on whether the legislature approves funding through an appropriation.
A different regional office can only take a case if its leader agrees to accept it at their own sole discretion.
The specific requirement for courts to appoint private counsel applies when no other regional counsel office is available or willing in death penalty and incapacity cases.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

656059

Committee amendment H 177 Filed • Maney

Adopted 1/14/2026

Plain English: This amendment creates new rules for handling death penalty cases when the assigned public defender office has a conflict or lacks qualifications, allowing courts to appoint an office from another region instead of immediately hiring private lawyers.

If a regional counsel office cannot represent a defendant in a death penalty case due to conflicts or lack of skills, it must send written notice to the court explaining why.
The court can then ask a different regional office to take over the case if that office agrees and has qualified lawyers available.
Regional offices taking these cases will get paid for their work by submitting cost documentation to the Justice Administrative Commission.
Starting in 2027, offices handling these transferred death penalty cases must submit detailed reports every six months about the status of each case.

The amendment text cuts off mid-sentence on page 1 and does not show the full list of reporting requirements or the complete title change.
It is unclear if there are specific time limits for how quickly a new regional office must accept an appointment.

669621

Committee amendment H 177 c1 • Maney

Adopted 2/10/2026

Plain English: This amendment creates new rules for appointing lawyers in death penalty cases and incapacity hearings when the assigned public defender has a conflict of interest.

In death penalty cases, if the appointed regional counsel cannot represent an indigent defendant due to a conflict or other reasons, they must notify the court immediately.
The court is then allowed to appoint a regional counsel office from a different region, but only if that new office agrees to take the case and has no conflicts.
If no regional counsel office can be found to represent the defendant, the judge must hire private lawyers instead.
Regional offices appointed under these rules will receive payment for costs related to due process services after submitting proof of expenses.

The amendment text cuts off mid-sentence on page 2 before finishing a thought about the regional counsel's duties, though the context suggests it relates to providing notice.
Payment for these new appointments depends on whether the legislature approves funding (appropriation) in future budgets.

Bill History

2026-06-17 The Florida Senate and Florida House of Representatives
• Chapter No. 2026-154
2026-06-16 The Florida Senate and Florida House of Representatives
• Approved by Governor
2026-06-09 The Florida Senate and Florida House of Representatives
• Signed by Officers and presented to Governor
2026-03-09 Senate
• Withdrawn from Rules -SJ 690 • Placed on Calendar, on 2nd reading • Substituted for CS/CS/SB 762 -SJ 690 • Read 2nd time -SJ 690 • Read 3rd time -SJ 690 • CS passed; YEAS 36 NAYS 1 -SJ 690
2026-03-09 House
• In Messages • Ordered enrolled
2026-02-26 Senate
• Referred to Rules • Received
2026-02-25 House
• Read 2nd time • Added to Third Reading Calendar • Read 3rd time • CS passed; YEAS 114, NAYS 0
2026-02-25 Senate
• In Messages
2026-02-19 House
• Bill added to Special Order Calendar (2/25/2026)
2026-02-11 House
• Bill referred to House Calendar • Added to Second Reading Calendar
2026-02-10 House
• Favorable with CS by Judiciary Committee • Reported out of Judiciary Committee • Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 2)
2026-02-06 House
• Added to Judiciary Committee agenda
2026-01-28 House
• Reported out of Budget Committee • Now in Judiciary Committee
2026-01-27 House
• Favorable by Budget Committee
2026-01-23 House
• Added to Budget Committee agenda
2026-01-16 House
• Referred to Budget Committee • Referred to Judiciary Committee • Now in Budget Committee
2026-01-15 House
• 1st Reading (Committee Substitute 1)
2026-01-14 House
• Favorable with CS by Criminal Justice Subcommittee • Reported out of Criminal Justice Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2026-01-13 House
• 1st Reading (Original Filed Version)
2026-01-12 House
• Added to Criminal Justice Subcommittee agenda
2025-10-21 House
• Referred to Criminal Justice Subcommittee • Referred to Budget Committee • Referred to Judiciary Committee • Now in Criminal Justice Subcommittee
2025-10-15 House
• Filed

Official Summary Text

Offices of Criminal Conflict and Civil Regional Counsel; Requires offices of criminal conflict & civil regional counsel to provide notice to court in certain circumstances; authorizes courts to appoint office of criminal conflict & civil regional counsel from another region to represent defendant if certain requirements are met; requires court to appoint private counsel under certain circumstances; requires JAC to pay appointed office of criminal conflict & civil regional counsel for due process costs & services, subject to legislative appropriation; requires appointed counsel to provide certain documentation to JAC in order to receive payment or reimbursement.

Current Bill Text

Read the full stored bill text

ENROLLED
CS/CS/HB 177 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb177 -02-er
Page 1 of 3
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

1
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
20
Be It Enacted by the Legislature of the State of Florida: 21
22
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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CS/CS/HB 177 2026 Legislature

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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

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

ENROLLED
CS/CS/HB 177 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb177 -02-er
Page 3 of 3
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