Read the full stored bill text
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
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represent an indigent defendant in a death penalty case due to a
35
conflict of interest or a lack of qualifications, it must
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provide written notice to the court. The written notice must
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state that the person has been determined to be indigent under
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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
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qualifications. Upon receiving the 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 to represent the defendant
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provided that their designated counsel is qualified to provide
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competent representation in death penalty cases. These
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provisions are effective notwithstanding ss. 27.40 and 27.5305,
47
which authorize the appointment of a private attorney to
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represent the defendant. When evaluating a case for referral and
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appointment to an office of criminal c
onflict
and civil regional
50
counsel under this section, the court shall consider judicial
51
economy and geographic proximity.
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(b)
Subject to legislative appropriation, the office of
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criminal conflict and civil regional counsel appointed from
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another region under paragraph (a) shall provide documentation
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for all due process costs and services of representation to the
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Justice Administrative Commission for reimbursement.
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(c)
Biannually, by February 1 and August 1, each regional
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office of the office of criminal conflict and civil regional
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counsel which accepts an appointment under paragraph (a) in a
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case involving a person determined to be indigent under s. 27.52
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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
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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
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name of counsel assigned.
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2.
The length of time the capital case has been pending.
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3.
The date the state filed a notice of intent to seek the
69
death penalty.
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4.
The number of victims.
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5.
The status of any ongoing discovery, including any
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discovery deadline set by the court.
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6.
The number of outstanding motions.
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7.
Whether there is a mitigation specialist, and, if so,
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the date of his or her employment, as well as any mitigation
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work product.
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(d)
If the office of criminal conflict and civil regional
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counsel from another region cannot accept an appointment under
79
paragraph (a) because of a conflict of interest or a lack of
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qualified attorneys, private counsel must be appointed.
81 Section 2. Paragraph (a) of subsection (2) of section
82 744.331, Florida Statutes, is amended to read:
83 744.331 Procedures to determine incapacity.—
84 (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
85 (a) When a court appoints an attorney for an alleged
86 incapacitated person, the court must appoint the office of
87 criminal conflict and civil regional counsel or a private
88 attorney as prescribed in
s. 27.511(7)
s. 27.511(6)
. A private
89 attorney must be one who is included in the attorney registry
90 compiled pursuant to s. 27.40. Appointments of private attorneys
91 must be made on a rotating basis, taking into consideration
92 conflicts arising under this chapter.
93 Section 3. This act shall take effect July 1, 2026.