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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
A bill to be entitled 1
An act relating to criminal conflict and civil 2
regional counsels; amending s. 27.0065, F.S.; 3
specifying the responsibilities of regional counsels 4
regarding witness coordination; amending s. 27.341, 5
F.S.; revising legislative intent regarding electronic 6
filing and receipt of court documents; amending s. 7
27.511, F.S.; removing the requirement that regional 8
counsel employees be governed by Justice 9
Administrative Commission classification and salary 10
and benefits plans; modifying procedures for the 11
Supreme Court Judicial Nominating Commission to 12
nominate candidates to the Governor for regional 13
counsel positions; specifying that the nomination and 14
appointment process applies retroactively; prohibiting 15
the court from appointing a regional counsel to 16
represent a defendant who has retained private 17
counsel; specifying requirements for the manner of 18
access to court facilities for regional counsels; 19
amending s. 27.53, F.S.; revising requirements for the 20
classification and pay plan developed by the regional 21
counsels; amending s. 39.0132, F.S.; authorizing the 22
release of certain confidential information relating 23
to proceedings involving children to regional counsels 24
under specified circumstances; amending s. 92.153, 25
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F.S.; providing a limitation on costs for documents 26
produced in response to a subpoena or records request 27
by a regional counsel; amending s. 112.19, F.S.; 28
revising the definition of the term "law enforcement, 29
correctional, or correctional probation officer" to 30
include regional counsel investigators for purposes o f 31
eligibility for certain death benefits; amending s. 32
320.025, F.S.; authorizing criminal conflict and civil 33
regional counsel offices to obtain fictitious names 34
for motor vehicle and vessel plates or decals; 35
amending s. 393.12, F.S.; waiving an education 36
requirement for the appointment of attorneys from 37
regional counsel offices to represent a person with a 38
developmental disability; amending s. 394.916, F.S.; 39
requiring a court to appoint a regional counsel or 40
other counsel to represent an allegedly sexually 41
violent predator in the event of a conflict; amending 42
s. 744.331, F.S.; waiving a certain training 43
requirement for the appointment of attorneys from 44
regional counsel offices to represent an alleged 45
incapacitated person; amending s. 943.053, F.S.; 46
specifying that a regional counsel may not be charged 47
a fee for accessing certain criminal justice 48
information; requiring the Department of Law 49
Enforcement to provide regional counsels online access 50
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to certain information; amending s. 945.10, F.S.; 51
authorizing the release of certain records and 52
information to regional counsels; amending s. 945.48, 53
F.S.; authorizing the appointment of a regional 54
counsel to represent an inmate subject to involuntary 55
mental health treatment if certain conditions exist; 56
amending s. 985.045, F.S.; requiring that regional 57
counsels have access to official records of juveniles 58
whom they represent; providing an effective date. 59
60
Be It Enacted by the Legislature of the State of Florida: 61
62
Section 1. Section 27.0065, Florida Statutes, i s amended 63
to read: 64
27.0065 Witness coordination. —Each state attorney, and 65
public defender, and criminal conflict and civil regional 66
counsel is shall be responsible for: 67
(1) Coordinating court appearances, including pretrial 68
conferences and depositions, for all witnesses who are 69
subpoenaed in criminal cases, including law enforcement 70
personnel. 71
(2) Contacting witnesses and securing information 72
necessary to place a witness on an on -call status with regard to 73
his or her court appearance. 74
(3) Contacting witnesses to advise them not to report to 75
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court in the event the case for which they have been subpoenaed 76
has been continued or has had a plea entered, or in the event 77
there is any other reason why their attendance is not required 78
on the dates they have b een ordered to report. 79
(4) Contacting the employer of a witness, when necessary, 80
to confirm that the employee has been subpoenaed to appear in 81
court as a witness. 82
83
In addition, the state attorney , or public defender, or criminal 84
conflict and civil region al counsel may provide additional 85
services to reduce time and wage losses to a minimum for all 86
witnesses. 87
Section 2. Subsection (2) of section 27.341, Florida 88
Statutes, is amended to read: 89
27.341 Electronic filing and receipt of court documents. — 90
(2) It is further the expectation of the Legislature that 91
each office of the state attorney consult with the office of the 92
public defender for the same circuit served by the office of the 93
state attorney, the office of criminal conflict and civil 94
regional counsel assigned to that circuit, the clerks of court 95
for the circuit, the Florida Court Technology Commission, and 96
any authority that governs the operation of a statewide portal 97
for the electronic filing and receipt of court documents. 98
Section 3. Subsections (2), (3), and (7) of section 99
27.511, Florida Statutes, are amended, and subsection (10) is 100
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added to that section, to read: 101
27.511 Offices of criminal conflict and civil regional 102
counsel; legislative intent; qualifications; appoint ment; 103
duties.— 104
(2) Each office of criminal conflict and civil regional 105
counsel shall be assigned to the Justice Administrative 106
Commission for administrative purposes. The commission shall 107
provide administrative support and service to the offices to the 108
extent requested by each regional counsel within the available 109
resources of the commission. The regional counsel and the 110
offices are not subject to control, supervision, or direction by 111
the commission in the performance of their duties , but the 112
employees of the offices shall be governed by the classification 113
plan and the salary and benefits plan for the commission . 114
(3)(a) Each regional counsel must be, and must have been 115
for the preceding 5 years, a member in good standing of The 116
Florida Bar. Each regional counsel shall be appointed by the 117
Governor and is subject to confirmation by the Senate. The 118
Supreme Court Judicial Nominating Commission , in addition to the 119
current regional counsel, shall nominate recommend to the 120
Governor the currently serving regional counsel, if he or she 121
seeks reappointment, and may also nominate up to three not fewer 122
than two or more than five additional qualified candidates for 123
appointment to each of the five regional counsel positions for 124
consideration by the Governor . The Governor shall appoint the 125
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regional counsel for the five regions from among the 126
commission's nominations recommendations, or, if it is in the 127
best interest of the fair administration of justice, the 128
Governor may reject the nominations and request that the Supreme 129
Court Judicial Nominating Commission submit three new nominees. 130
The regional counsel shall be appointed to a term of 4 years, 131
the term beginning on October 1, 2015 , with each successive term 132
beginning on October 1 every 4 years thereafter. The nomination 133
and appointment process under this paragraph shall apply 134
retroactively to the term beginning on October 1, 2019 . 135
Vacancies shall be filled in the manner provided in paragraph 136
(b). 137
(b) If for any reason a regional counsel is unable to 138
complete a full term in office, the Governor may immediately 139
appoint an interim regional counsel who meets the qualifications 140
to be a regional counsel to serve as regional counsel for that 141
region district until a new regional counsel is appointed in the 142
manner provided in paragraph (a). The Florida Supreme Court 143
Judicial Nominating Commission shall provide the Governor with a 144
list of nominees for appointment within 6 months after the date 145
of the vacancy. A temporary vacancy in office does not affect 146
the validity of any matters or activities of the office of 147
regional counsel. 148
(7) The court may not appoint the office of criminal 149
conflict and civil regional counsel to represent, even on a 150
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temporary basis, any person who is not indigent, except to the 151
extent that appointment of counsel is specifically provided for 152
in chapters 390, 394, 415, 743, and 744 without regard to the 153
indigent status of the person entitled to representation. If a 154
defendant has retain ed private counsel, the court may not 155
appoint the office of criminal conflict and civil regional 156
counsel to represent that defendant simultaneously on the same 157
case. 158
(10) Each court shall allow for the ingress and egress to 159
its facilities for regional co unsels and assistant regional 160
counsels in the same manner as is provided to public defenders 161
and assistant public defenders, subject to the security 162
requirements of each courthouse. 163
Section 4. Subsection (4) of section 27.53, Florida 164
Statutes, is amended to read: 165
27.53 Appointment of assistants and other staff; method of 166
payment.— 167
(4) The five criminal conflict and civil regional counsels 168
counsel may employ and establish, in the numbers authorized by 169
the General Appropriations Act, assistant regiona l counsels 170
counsel and other staff and personnel in each judicial district 171
pursuant to s. 29.006, who shall be paid from funds appropriated 172
for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 173
790.25(2)(a), an investigator employed by an office of criminal 174
conflict and civil regional counsel, while actually carrying out 175
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official duties, is authorized to carry concealed weapons if the 176
investigator complies with s. 790.25(3)(o). However, such 177
investigators are not eligible for membership in the Speci al 178
Risk Class of the Florida Retirement System. The five regional 179
counsels counsel shall jointly develop a coordinated recommended 180
modifications to the classification and pay plan for submission 181
to and the salary and benefits plan for the Justice 182
Administrative Commission, the President of the Senate, and the 183
Speaker of the House of Representatives by January 1 of each 184
year. The plan must recommendations shall be submitted to the 185
commission, the office of the President of the Senate, and the 186
office of the Speaker of the House of Representatives before 187
January 1 of each year. Such recommendations shall be developed 188
in accordance with policies and procedures of the Executive 189
Office of the Governor established in s. 216.181. Each assistant 190
regional counsel appo inted by the regional counsel under this 191
section shall serve at the pleasure of the regional counsel. 192
Each investigator employed by the regional counsel shall have 193
full authority to serve any witness subpoena or court order 194
issued by any court or judge in a criminal case in which the 195
regional counsel has been appointed to represent the accused. 196
Section 5. Subsection (3) and paragraph (a) of subsection 197
(4) of section 39.0132, Florida Statutes, are amended to read: 198
39.0132 Oaths, records, and confidenti al information.— 199
(3) The clerk shall keep all court records required by 200
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this chapter separate from other records of the circuit court. 201
All court records required by this chapter shall not be open to 202
inspection by the public. All records shall be inspecte d only 203
upon order of the court by persons deemed by the court to have a 204
proper interest therein, except that, subject to the provisions 205
of s. 63.162, a child and the parents of the child and their 206
attorneys, the guardian ad litem, criminal conflict and civ il 207
regional counsels, law enforcement agencies, and the department 208
and its designees shall always have the right to inspect and 209
copy any official record pertaining to the child. The Justice 210
Administrative Commission may inspect court dockets required by 211
this chapter as necessary to audit compensation of court -212
appointed attorneys. If the docket is insufficient for purposes 213
of the audit, the commission may petition the court for 214
additional documentation as necessary and appropriate. The court 215
may permit authorized representatives of recognized 216
organizations compiling statistics for proper purposes to 217
inspect and make abstracts from official records, under whatever 218
conditions upon their use and disposition the court may deem 219
proper, and may punish by contempt p roceedings any violation of 220
those conditions. 221
(4)(a)1. All information obtained pursuant to this part in 222
the discharge of official duty by any judge, employee of the 223
court, authorized agent of the department, correctional 224
probation officer, or law enforc ement agent is confidential and 225
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exempt from s. 119.07(1) and may not be disclosed to anyone 226
other than the authorized personnel of the court, the department 227
and its designees, correctional probation officers, law 228
enforcement agents, the guardian ad litem, criminal conflict and 229
civil regional counsels, and others entitled under this chapter 230
to receive that information, except upon order of the court. 231
2.a. The following information held by a guardian ad litem 232
is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 233
I of the State Constitution: 234
(I) Medical, mental health, substance abuse, child care, 235
education, law enforcement, court, social services, and 236
financial records. 237
(II) Any other information maintained by a guardian ad 238
litem which is ident ified as confidential information under this 239
chapter. 240
b. Such confidential and exempt information may not be 241
disclosed to anyone other than the authorized personnel of the 242
court, the department and its designees, correctional probation 243
officers, law enforcement agents, guardians ad litem, and others 244
entitled under this chapter to receive that information, except 245
upon order of the court. 246
Section 6. Paragraph (a) of subsection (2) of section 247
92.153, Florida Statutes, is amended to read: 248
92.153 Production of documents by witnesses; reimbursement 249
of costs.— 250
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(2) REIMBURSEMENT OF A DISINTERESTED WITNESS. — 251
(a) In any proceeding, a disinterested witness shall be 252
paid for any costs the witness reasonably incurs either directly 253
or indirectly in producing, searching for, reproducing, or 254
transporting documents pursuant to a summons; however, the cost 255
of documents produced pursuant to a subpoena or records request 256
by a state attorney, a or public defender, or a criminal 257
conflict and civil regional counsel may not exceed 15 cents per 258
page and $10 per hour for research or retrieval. 259
Section 7. Paragraph (b) of subsection (1) of section 260
112.19, Florida Statutes, is amended to read: 261
112.19 Law enforcement, correctional, and correctional 262
probation officers; de ath benefits.— 263
(1) As used in this section, the term: 264
(b) "Law enforcement, correctional, or correctional 265
probation officer" means any officer as defined in s. 943.10(14) 266
or employee of the state or any political subdivision of the 267
state, including any law enforcement officer, correctional 268
officer, correctional probation officer, state attorney 269
investigator, or public defender investigator , or criminal 270
conflict and civil regional counsel investigator , whose duties 271
require such officer or employee to inv estigate, pursue, 272
apprehend, arrest, transport, or maintain custody of persons who 273
are charged with, suspected of committing, or convicted of a 274
crime; and the term includes any member of a bomb disposal unit 275
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whose primary responsibility is the location, ha ndling, and 276
disposal of explosive devices. The term also includes any full -277
time officer or employee of the state or any political 278
subdivision of the state, certified pursuant to chapter 943, 279
whose duties require such officer to serve process or to attend 280
a session of a circuit or county court as bailiff. 281
Section 8. Subsection (1) of section 320.025, Florida 282
Statutes, is amended to read: 283
320.025 Registration certificate and license plate or 284
decal issued under fictitious name; application. — 285
(1) A confidential registration certificate and 286
registration license plate or decal shall be issued under a 287
fictitious name only for a motor vehicle or vessel owned or 288
operated by a law enforcement agency of state, county, 289
municipal, or federal government ;, the Attorney General's 290
Medicaid Fraud Control Unit ;, or any state public defender's 291
office; or any criminal conflict and civil regional counsel 292
office. The requesting agency shall file a written application 293
with the department, on forms furnished by the depart ment, which 294
includes a statement that the license plate or decal will be 295
used for certain activities by the Attorney General's Medicaid 296
Fraud Control Unit; any or law enforcement or any state public 297
defender's office; or a regional counsel which require th e 298
activities requiring concealment of publicly leased or owned 299
motor vehicles or vessels and a statement of the position 300
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classifications of the individuals who are authorized to use the 301
license plate or decal. The department may modify its records to 302
reflect the fictitious identity of the owner or lessee until 303
such time as the license plate or decal and registration 304
certificate are surrendered to it. 305
Section 9. Paragraph (a) of subsection (5) of section 306
393.12, Florida Statutes, is amended to read: 307
393.12 Capacity; appointment of guardian advocate. — 308
(5) COUNSEL.—Within 3 days after a petition has been 309
filed, the court shall appoint an attorney to represent a person 310
with a developmental disability who is the subject of a petition 311
to appoint a guardian advocate. The person with a developmental 312
disability may substitute his or her own attorney for the 313
attorney appointed by the court. 314
(a) The court shall initially appoint a private attorney 315
who shall be selected from the attorney registry compiled 316
pursuant to s. 27.40. Such attorney must have completed a 317
minimum of 8 hours of education in guardianship. The court may 318
waive this requirement for an attorney who has served as a 319
court-appointed attorney in guardian advocate proceedings or as 320
an attorney of record for guardian advocates for at least 3 321
years. This education requirement does not apply to a court -322
appointed attorney who is employed by an office of criminal 323
conflict and civil regional counsel. 324
Section 10. Subsection (3) of section 394.916, Flori da 325
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Statutes, is amended to read: 326
394.916 Trial; counsel and experts; indigent persons; 327
jury.— 328
(3) At all adversarial proceedings under this act, the 329
person subject to this act is entitled to the assistance of 330
counsel, and, if the person is indigent, th e court shall appoint 331
the public defender or, if a conflict exists, the court shall 332
appoint a criminal conflict and civil regional counsel or other 333
counsel to assist the person. 334
Section 11. Paragraph (d) of subsection (2) of section 335
744.331, Florida Statutes, is amended to read: 336
744.331 Procedures to determine incapacity. — 337
(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON. — 338
(d) An attorney seeking to be appointed by a court for 339
incapacity and guardianship proceedings must have completed a 340
minimum of 8 hours of education in guardianship. A court may 341
waive the initial training requirement for an attorney who has 342
served as a court-appointed attorney in incapacity proceedings 343
or as an attorney of record for guardians for not less than 3 344
years. This training requirement does not apply to a court -345
appointed attorney who is employed by an office of criminal 346
conflict and civil regional counsel. 347
Section 12. Paragraph (e) of subsection (3) and subsection 348
(7) of section 943.053, Florida Statutes, are amende d to read: 349
943.053 Dissemination of criminal justice information; 350
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fees.— 351
(3) 352
(e) The fee per record for criminal history information 353
provided pursuant to this subsection and s. 943.0542 is $24 per 354
name submitted, except that the fee for the guardian ad litem 355
program and vendors of the Department of Children and Families, 356
the Department of Juvenile Justice, the Agency for Persons with 357
Disabilities, and the Department of Elderly Affairs is shall be 358
$8 for each name submitted; the fee for a state criminal history 359
provided for application processing as required by law to be 360
performed by the Department of Agriculture and Consumer Services 361
is shall be $15 for each name submitted; and the fee for 362
requests under s. 943.0542, which implements the National Child 363
Protection Act, is shall be $18 for each volunteer name 364
submitted. Neither an office The state offices of the public 365
defender nor an office of criminal conflict and civil regional 366
counsel may shall not be assessed a fee for Florida criminal 367
history information or wanted person information. 368
(7) Notwithstanding any other provision of l aw, the 369
department shall provide to each office of the public defender 370
and each criminal conflict and civil regional counsel online 371
access to criminal records of this state which are not exempt 372
from disclosure under chapter 119 or confidential under law. 373
Such access shall be used solely in support of the duties of a 374
public defender as provided in s. 27.51 , a criminal conflict and 375
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civil regional counsel as provided in s. 27.511, or of any 376
attorney specially assigned as authorized in s. 27.53 in the 377
representation of any person who is determined indigent as 378
provided in s. 27.52. The costs of establishing and maintaining 379
such online access must shall be borne by the office to which 380
the access has been provided. 381
Section 13. Paragraph (d) of subsection (2) of section 382
945.10, Florida Statutes, is amended to read: 383
945.10 Confidential information. — 384
(2) The records and information specified in paragraphs 385
(1)(a)-(i) may be released as follows unless expressly 386
prohibited by federal law: 387
(d) Information specifi ed in paragraph (1)(b) to a public 388
defender or a criminal conflict and civil regional counsel 389
representing a defendant, except those portions of the records 390
containing a victim's statement or address, or the statement or 391
address of a relative of the victim . A request for records or 392
information pursuant to this paragraph need not be in writing. 393
394
Records and information released under this subsection remain 395
confidential and exempt from the provisions of s. 119.07(1) and 396
s. 24(a), Art. I of the State Constitut ion when held by the 397
receiving person or entity. 398
Section 14. Subsection (3) of section 945.48, Florida 399
Statutes, is amended to read: 400
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945.48 Rights of inmates provided mental health treatment; 401
procedure for involuntary treatment. — 402
(3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES. —403
Involuntary mental health treatment of an inmate who refuses 404
treatment that is deemed to be necessary for the appropriate 405
care of the inmate and the safety of the inmate or others may be 406
provided at a mental health treatme nt facility. The warden of 407
the institution containing the mental health treatment facility 408
shall petition the circuit court serving the county in which the 409
mental health treatment facility is located for an order 410
authorizing the treatment of the inmate. Th e inmate shall be 411
provided with a copy of the petition along with the proposed 412
treatment; the basis for the proposed treatment; the names of 413
the examining experts; and the date, time, and location of the 414
hearing. The inmate may have an attorney represent h im or her at 415
the hearing, and, if the inmate is indigent, the court shall 416
appoint the office of the public defender to represent the 417
inmate at the hearing. If the office of the public defender must 418
withdraw from the appointment due to a conflict, the court must 419
appoint the criminal conflict and civil regional counsel or 420
private counsel pursuant to s. 27.40(1) to represent the inmate 421
at the hearing. An attorney representing the inmate shall have 422
access to the inmate and any records, including medical or 423
mental health records, which are relevant to the representation 424
of the inmate. 425
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Section 15. Subsection (2) of section 985.045, Florida 426
Statutes, is amended to read: 427
985.045 Court records. — 428
(2) The clerk shall keep all official records required by 429
this section separate from other records of the circuit court, 430
except those records pertaining to motor vehicle violations, 431
which shall be forwarded to the Department of Highway Safety and 432
Motor Vehicles. Except as provided in ss. 943.053 and 433
985.04(6)(b) and (7), official records required by this chapter 434
are not open to inspection by the public, but may be inspected 435
only upon order of the court by persons deemed by the court to 436
have a proper intere st therein, except that a child and the 437
parents, guardians, or legal custodians of the child and their 438
attorneys, law enforcement agencies, the Department of Juvenile 439
Justice and its designees, the Florida Commission on Offender 440
Review, the Department of C orrections, and the Justice 441
Administrative Commission shall always have the right to inspect 442
and copy any official record pertaining to the child. Offices of 443
the public defender and criminal conflict and civil regional 444
counsel offices shall have access to official records of 445
juveniles on whose behalf they are expected to appear in 446
detention or other hearings before an appointment of 447
representation. The court may permit authorized representatives 448
of recognized organizations compiling statistics for proper 449
purposes to inspect, and make abstracts from, official records 450
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under whatever conditions upon the use and disposition of such 451
records the court may deem proper and may punish by contempt 452
proceedings any violation of those conditions. 453
Section 16. This act shall take effect July 1, 2022. 454