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2An act relating to offices of criminal conflict and
3civil regional counsel; amending s. 27.511, F.S.;
4requiring offices of criminal conflict and civil
5regional counsel to provide notice to the court in
6certain circumstances; authorizing courts to appoint
7an office of criminal conflict and civil regional
8counsel from another region to represent a defendant
9if certain requirements are met; requiring the court
10to appoint private counsel under certain
11circumstances; requiring the Justice Administrative
12Commission to pay an appointed office of criminal
13conflict and civil regional counsel for due process
14costs and services, subject to legislative
15appropriation; requiring appointed counsel to provide
16certain documentation to the Justice Administrative
17Commission in order to receive payment or
18reimbursement; amending s. 744.331, F.S.; conforming a
19cross-reference; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23Section 1.  Subsections (6) through (10) of section 27.511,
24Florida Statutes, are renumbered as subsections (7) through
25(11), respectively, and a new subsection (6) is added to that
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26    section to read:
2727.511       Offices of criminal conflict and civil regional
28    counsel; legislative intent; qualifications; appointment;
29    duties.—
30(6)(a)       Notwithstanding ss. 27.40 and 27.5305, if an office
31    of criminal conflict and civil regional counsel has been
32    appointed to represent an indigent defendant in a case in which
33    the state has filed a notice of intent to seek the death penalty
34    and the office of criminal conflict and civil regional counsel
35    determines that it has a conflict of interest or that it can
36    otherwise no longer represent the defendant, the office of
37    criminal conflict and civil regional counsel must provide notice
38    to the court. Upon receiving such notice, the court is
39    authorized to appoint an office of criminal conflict and civil
40    regional counsel from another region specified in subsection (1)
41    to represent the defendant, provided that such office does not
42    have a conflict of interest and provided that the regional
43    counsel of such office concurs, at his or her sole discretion,
44    to accept the appointment. If an office of criminal conflict and
45    civil regional counsel cannot be appointed to represent a
46    defendant under this paragraph, the judge must appoint private
47    counsel.
48(b)1.       Subject to legislative appropriation, when an office
49    of criminal conflict and civil regional counsel accepts an
50    appointment under paragraph (a), all due process costs and
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51    services must be paid from funds designated for such purpose and
52    administered by the Justice Administrative Commission.
532.      To receive payment or reimbursement under subparagraph
54    1., the regional counsel, or his or her designee, must certify
55    that the due process costs and services are case related, and he
56    or she must also submit appropriate documentation of expenses.
57Section 2.  Paragraph (a) of subsection (2) of section
58    744.331, Florida Statutes, is amended to read:
59744.331       Procedures to determine incapacity.—
60(2)      ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
61(a)      When a court appoints an attorney for an alleged
62    incapacitated person, the court must appoint the office of
63    criminal conflict and civil regional counsel or a private
64    attorney as prescribed in s. 27.511(7) s. 27.511(6). A private
65    attorney must be one who is included in the attorney registry
66    compiled pursuant to s. 27.40. Appointments of private attorneys
67    must be made on a rotating basis, taking into consideration
68    conflicts arising under this chapter.
69Section 3.  This act shall take effect July 1, 2026.
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