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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; reenacting s. 110.123(4)(e), 59
F.S.; relating to the payment of health insurance 60
premiums by state agencies for certain employees and 61
surviving spouses, to incorporate the amendment made 62
to s. 112.19, F.S., in a reference thereto; reenacting 63
s. 112.1912(1), F.S., relating to death benefits for 64
educational expenses for survivors of first 65
responders, to incorporate the amendment made to s. 66
112.19, F.S., in a reference thereto; providing an 67
effective date. 68
69
Be It Enacted by the Legislature of the State of Florida: 70
71
Section 1. Section 27.0065, Florida Statutes, is amended 72
to read: 73
27.0065 Witness coordination. —Each state attorney, and 74
public defender, and criminal conflict and civil regional 75
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counsel is shall be responsible for: 76
(1) Coordinating court appearances, including pretrial 77
conferences and depositions, for all witnesses who are 78
subpoenaed in criminal cases, including law enforcement 79
personnel. 80
(2) Contacting witnesses and securing information 81
necessary to place a witness on an on -call status with regard to 82
his or her court appearance. 83
(3) Contacting witnesses to advise them not to report to 84
court in the event the case for which they h ave been subpoenaed 85
has been continued or has had a plea entered, or in the event 86
there is any other reason why their attendance is not required 87
on the dates they have been ordered to report. 88
(4) Contacting the employer of a witness, when necessary, 89
to confirm that the employee has been subpoenaed to appear in 90
court as a witness. 91
92
In addition, the state attorney , or public defender, or criminal 93
conflict and civil regional counsel may provide additional 94
services to reduce time and wage losses to a minimum for all 95
witnesses. 96
Section 2. Subsection (2) of section 27.341, Florida 97
Statutes, is amended to read: 98
27.341 Electronic filing and receipt of court documents. — 99
(2) It is further the expectation of the Legislature that 100
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each office of the state attor ney consult with the office of the 101
public defender for the same circuit served by the office of the 102
state attorney, the office of criminal conflict and civil 103
regional counsel assigned to that circuit, the clerks of court 104
for the circuit, the Florida Court Technology Commission, and 105
any authority that governs the operation of a statewide portal 106
for the electronic filing and receipt of court documents. 107
Section 3. Subsections (2), (3), and (7) of section 108
27.511, Florida Statutes, are amended, and subsection (10) is 109
added to that section, to read: 110
27.511 Offices of criminal conflict and civil regional 111
counsel; legislative intent; qualifications; appointment; 112
duties.— 113
(2) Each office of criminal conflict and civil regional 114
counsel shall be assign ed to the Justice Administrative 115
Commission for administrative purposes. The commission shall 116
provide administrative support and service to the offices to the 117
extent requested by each regional counsel within the available 118
resources of the commission. The r egional counsel and the 119
offices are not subject to control, supervision, or direction by 120
the commission in the performance of their duties , but the 121
employees of the offices shall be governed by the classification 122
plan and the salary and benefits plan for t he commission. 123
(3)(a) Each regional counsel must be, and must have been 124
for the preceding 5 years, a member in good standing of The 125
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Florida Bar. Each regional counsel shall be appointed by the 126
Governor and is subject to confirmation by the Senate. The 127
Supreme Court Judicial Nominating Commission , in addition to the 128
current regional counsel, shall nominate recommend to the 129
Governor the currently serving regional counsel, if he or she 130
seeks reappointment, and may also nominate up to three not fewer 131
than two or more than five additional qualified candidates for 132
appointment to each of the five regional counsel positions for 133
consideration by the Governor . The Governor shall appoint the 134
regional counsel for the five regions from among the 135
commission's nomination s recommendations, or, if it is in the 136
best interest of the fair administration of justice, the 137
Governor may reject the nominations and request that the Supreme 138
Court Judicial Nominating Commission submit three new nominees. 139
The regional counsel shall be a ppointed to a term of 4 years, 140
the term beginning on October 1, 2015 , with each successive term 141
beginning on October 1 every 4 years thereafter. The nomination 142
and appointment process under this paragraph shall apply 143
retroactively to the term beginning on October 1, 2019. 144
Vacancies shall be filled in the manner provided in paragraph 145
(b). 146
(b) If for any reason a regional counsel is unable to 147
complete a full term in office, the Governor may immediately 148
appoint an interim regional counsel who meets the qualifications 149
to be a regional counsel to serve as regional counsel for that 150
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region district until a new regional counsel is appointed in the 151
manner provided in paragraph (a). The Florida Supreme Court 152
Judicial Nominating Commission shall provide the Governor with a 153
list of nominees for appointment within 6 months after the date 154
of the vacancy. A temporary vacancy in office does not affect 155
the validity of any matters or activities of the office of 156
regional counsel. 157
(7) The court may not appoint the office of criminal 158
conflict and civil regional counsel to represent, even on a 159
temporary basis, any person who is not indigent, except to the 160
extent that appointment of counsel is specifically provided for 161
in chapters 390, 394, 415, 743, and 744 without regard to the 162
indigent status of the person entitled to representation. If a 163
defendant has retain ed private counsel, the court may not 164
appoint the office of criminal conflict and civil regional 165
counsel to represent that defendant simultaneously on the same 166
case. 167
(10) Each court shall allow for the ingress and egress to 168
its facilities for regional co unsels and assistant regional 169
counsels in the same manner as is provided to public defenders 170
and assistant public defenders, subject to the security 171
requirements of each courthouse. 172
Section 4. Subsection (4) of section 27.53, Florida 173
Statutes, is amended to read: 174
27.53 Appointment of assistants and other staff; method of 175
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payment.— 176
(4) The five criminal conflict and civil regional counsels 177
counsel may employ and establish, in the numbers authorized by 178
the General Appropriations Act, assistant regiona l counsels 179
counsel and other staff and personnel in each judicial district 180
pursuant to s. 29.006, who shall be paid from funds appropriated 181
for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 182
790.25(2)(a), an investigator employed by an office of criminal 183
conflict and civil regional counsel, while actually carrying out 184
official duties, is authorized to carry concealed weapons if the 185
investigator complies with s. 790.25(3)(o). However, such 186
investigators are not eligible for membership in the Speci al 187
Risk Class of the Florida Retirement System. The five regional 188
counsels counsel shall jointly develop a coordinated recommended 189
modifications to the classification and pay plan for submission 190
to and the salary and benefits plan for the Justice 191
Administrative Commission, the President of the Senate, and the 192
Speaker of the House of Representatives by January 1 of each 193
year. The plan must recommendations shall be submitted to the 194
commission, the office of the President of the Senate, and the 195
office of the Speaker of the House of Representatives before 196
January 1 of each year. Such recommendations shall be developed 197
in accordance with policies and procedures of the Executive 198
Office of the Governor established in s. 216.181. Each assistant 199
regional counsel appo inted by the regional counsel under this 200
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section shall serve at the pleasure of the regional counsel. 201
Each investigator employed by the regional counsel shall have 202
full authority to serve any witness subpoena or court order 203
issued by any court or judge in a criminal case in which the 204
regional counsel has been appointed to represent the accused. 205
Section 5. Subsection (3) and paragraph (a) of subsection 206
(4) of section 39.0132, Florida Statutes, are amended to read: 207
39.0132 Oaths, records, and confidenti al information.— 208
(3) The clerk shall keep all court records required by 209
this chapter separate from other records of the circuit court. 210
All court records required by this chapter shall not be open to 211
inspection by the public. All records shall be inspecte d only 212
upon order of the court by persons deemed by the court to have a 213
proper interest therein, except that, subject to the provisions 214
of s. 63.162, a child and the parents of the child and their 215
attorneys, the guardian ad litem, criminal conflict and civ il 216
regional counsels, law enforcement agencies, and the department 217
and its designees shall always have the right to inspect and 218
copy any official record pertaining to the child. The Justice 219
Administrative Commission may inspect court dockets required by 220
this chapter as necessary to audit compensation of court -221
appointed attorneys. If the docket is insufficient for purposes 222
of the audit, the commission may petition the court for 223
additional documentation as necessary and appropriate. The court 224
may permit authorized representatives of recognized 225
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organizations compiling statistics for proper purposes to 226
inspect and make abstracts from official records, under whatever 227
conditions upon their use and disposition the court may deem 228
proper, and may punish by contempt p roceedings any violation of 229
those conditions. 230
(4)(a)1. All information obtained pursuant to this part in 231
the discharge of official duty by any judge, employee of the 232
court, authorized agent of the department, correctional 233
probation officer, or law enforc ement agent is confidential and 234
exempt from s. 119.07(1) and may not be disclosed to anyone 235
other than the authorized personnel of the court, the department 236
and its designees, correctional probation officers, law 237
enforcement agents, the guardian ad litem, criminal conflict and 238
civil regional counsels, and others entitled under this chapter 239
to receive that information, except upon order of the court. 240
2.a. The following information held by a guardian ad litem 241
is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 242
I of the State Constitution: 243
(I) Medical, mental health, substance abuse, child care, 244
education, law enforcement, court, social services, and 245
financial records. 246
(II) Any other information maintained by a guardian ad 247
litem which is ident ified as confidential information under this 248
chapter. 249
b. Such confidential and exempt information may not be 250
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disclosed to anyone other than the authorized personnel of the 251
court, the department and its designees, correctional probation 252
officers, law enforcement agents, guardians ad litem, and others 253
entitled under this chapter to receive that information, except 254
upon order of the court. 255
Section 6. Paragraph (a) of subsection (2) of section 256
92.153, Florida Statutes, is amended to read: 257
92.153 Production of documents by witnesses; reimbursement 258
of costs.— 259
(2) REIMBURSEMENT OF A DISINTERESTED WITNESS. — 260
(a) In any proceeding, a disinterested witness shall be 261
paid for any costs the witness reasonably incurs either directly 262
or indirectly in producing, searching for, reproducing, or 263
transporting documents pursuant to a summons; however, the cost 264
of documents produced pursuant to a subpoena or records request 265
by a state attorney, a or public defender, or a criminal 266
conflict and civil regional counsel may not exceed 15 cents per 267
page and $10 per hour for research or retrieval. 268
Section 7. Paragraph (b) of subsection (1) of section 269
112.19, Florida Statutes, is amended to read: 270
112.19 Law enforcement, correctional, and correctional 271
probation officers; death benefits.— 272
(1) As used in this section, the term: 273
(b) "Law enforcement, correctional, or correctional 274
probation officer" means any officer as defined in s. 943.10(14) 275
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or employee of the state or any political subdivision of the 276
state, including any law enforcement officer, correctional 277
officer, correctional probation officer, state attorney 278
investigator, or public defender investigator , or criminal 279
conflict and civil regional counsel investigator , whose duties 280
require such officer or employee t o investigate, pursue, 281
apprehend, arrest, transport, or maintain custody of persons who 282
are charged with, suspected of committing, or convicted of a 283
crime; and the term includes any member of a bomb disposal unit 284
whose primary responsibility is the locatio n, handling, and 285
disposal of explosive devices. The term also includes any full -286
time officer or employee of the state or any political 287
subdivision of the state, certified pursuant to chapter 943, 288
whose duties require such officer to serve process or to att end 289
a session of a circuit or county court as bailiff. 290
Section 8. Subsection (1) of section 320.025, Florida 291
Statutes, is amended to read: 292
320.025 Registration certificate and license plate or 293
decal issued under fictitious name; application. — 294
(1) A confidential registration certificate and 295
registration license plate or decal shall be issued under a 296
fictitious name only for a motor vehicle or vessel owned or 297
operated by a law enforcement agency of state, county, 298
municipal, or federal government ;, the Attorney General's 299
Medicaid Fraud Control Unit ;, or any state public defender's 300
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office; or any criminal conflict and civil regional counsel 301
office. The requesting agency shall file a written application 302
with the department, on forms furnished by the depar tment, which 303
includes a statement that the license plate or decal will be 304
used for certain activities by the Attorney General's Medicaid 305
Fraud Control Unit; any or law enforcement or any state public 306
defender's office; or a regional counsel which require t he 307
activities requiring concealment of publicly leased or owned 308
motor vehicles or vessels and a statement of the position 309
classifications of the individuals who are authorized to use the 310
license plate or decal. The department may modify its records to 311
reflect the fictitious identity of the owner or lessee until 312
such time as the license plate or decal and registration 313
certificate are surrendered to it. 314
Section 9. Paragraph (a) of subsection (5) of section 315
393.12, Florida Statutes, is amended to read: 316
393.12 Capacity; appointment of guardian advocate. — 317
(5) COUNSEL.—Within 3 days after a petition has been 318
filed, the court shall appoint an attorney to represent a person 319
with a developmental disability who is the subject of a petition 320
to appoint a guardia n advocate. The person with a developmental 321
disability may substitute his or her own attorney for the 322
attorney appointed by the court. 323
(a) The court shall initially appoint a private attorney 324
who shall be selected from the attorney registry compiled 325
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pursuant to s. 27.40. Such attorney must have completed a 326
minimum of 8 hours of education in guardianship. The court may 327
waive this requirement for an attorney who has served as a 328
court-appointed attorney in guardian advocate proceedings or as 329
an attorney of record for guardian advocates for at least 3 330
years. This education requirement does not apply to a court -331
appointed attorney who is employed by an office of criminal 332
conflict and civil regional counsel. 333
Section 10. Subsection (3) of section 394.916, Flor ida 334
Statutes, is amended to read: 335
394.916 Trial; counsel and experts; indigent persons; 336
jury.— 337
(3) At all adversarial proceedings under this act, the 338
person subject to this act is entitled to the assistance of 339
counsel, and, if the person is indigent, t he court shall appoint 340
the public defender or, if a conflict exists, the court shall 341
appoint a criminal conflict and civil regional counsel or other 342
counsel to assist the person. 343
Section 11. Paragraph (d) of subsection (2) of section 344
744.331, Florida Statutes, is amended to read: 345
744.331 Procedures to determine incapacity. — 346
(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON. — 347
(d) An attorney seeking to be appointed by a court for 348
incapacity and guardianship proceedings must have completed a 349
minimum of 8 hours of education in guardianship. A court may 350
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waive the initial training requirement for an attorney who has 351
served as a court-appointed attorney in incapacity proceedings 352
or as an attorney of record for guardians for not less than 3 353
years. This training requirement does not apply to a court -354
appointed attorney who is employed by an office of criminal 355
conflict and civil regional counsel. 356
Section 12. Paragraph (e) of subsection (3) and subsection 357
(7) of section 943.053, Florida Statutes, are amend ed to read: 358
943.053 Dissemination of criminal justice information; 359
fees.— 360
(3) 361
(e) The fee per record for criminal history information 362
provided pursuant to this subsection and s. 943.0542 is $24 per 363
name submitted, except that the fee for the guardian ad litem 364
program and vendors of the Department of Children and Families, 365
the Department of Juvenile Justice, the Agency for Persons with 366
Disabilities, and the Department of Elderly Affairs is shall be 367
$8 for each name submitted; the fee for a state criminal history 368
provided for application processing as required by law to be 369
performed by the Department of Agriculture and Consumer Services 370
is shall be $15 for each name submitted; and the fee for 371
requests under s. 943.0542, which implements the National Child 372
Protection Act, is shall be $18 for each volunteer name 373
submitted. Neither an office The state offices of the public 374
defender nor an office of criminal conflict and civil regional 375
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counsel may shall not be assessed a fee for Florida criminal 376
history information or wanted person information. 377
(7) Notwithstanding any other provision of l aw, the 378
department shall provide to each office of the public defender 379
and each criminal conflict and civil regional counsel online 380
access to criminal records of this state which are not exempt 381
from disclosure under chapter 119 or confidential under law. 382
Such access shall be used solely in support of the duties of a 383
public defender as provided in s. 27.51 , a criminal conflict and 384
civil regional counsel as provided in s. 27.511, or of any 385
attorney specially assigned as authorized in s. 27.53 in the 386
representation of any person who is determined indigent as 387
provided in s. 27.52. The costs of establishing and maintaining 388
such online access must shall be borne by the office to which 389
the access has been provided. 390
Section 13. Paragraph (d) of subsection (2) of section 391
945.10, Florida Statutes, is amended to read: 392
945.10 Confidential information. — 393
(2) The records and information specified in paragraphs 394
(1)(a)-(i) may be released as follows unless expressly 395
prohibited by federal law: 396
(d) Information specifi ed in paragraph (1)(b) to a public 397
defender or a criminal conflict and civil regional counsel 398
representing a defendant, except those portions of the records 399
containing a victim's statement or address, or the statement or 400
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address of a relative of the victim . A request for records or 401
information pursuant to this paragraph need not be in writing. 402
403
Records and information released under this subsection remain 404
confidential and exempt from the provisions of s. 119.07(1) and 405
s. 24(a), Art. I of the State Constitut ion when held by the 406
receiving person or entity. 407
Section 14. Subsection (3) of section 945.48, Florida 408
Statutes, is amended to read: 409
945.48 Rights of inmates provided mental health treatment; 410
procedure for involuntary treatment. — 411
(3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES. —412
Involuntary mental health treatment of an inmate who refuses 413
treatment that is deemed to be necessary for the appropriate 414
care of the inmate and the safety of the inmate or others may be 415
provided at a mental health treatme nt facility. The warden of 416
the institution containing the mental health treatment facility 417
shall petition the circuit court serving the county in which the 418
mental health treatment facility is located for an order 419
authorizing the treatment of the inmate. Th e inmate shall be 420
provided with a copy of the petition along with the proposed 421
treatment; the basis for the proposed treatment; the names of 422
the examining experts; and the date, time, and location of the 423
hearing. The inmate may have an attorney represent h im or her at 424
the hearing, and, if the inmate is indigent, the court shall 425
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appoint the office of the public defender to represent the 426
inmate at the hearing. If the office of the public defender must 427
withdraw from the appointment due to a conflict, the court must 428
appoint the criminal conflict and civil regional counsel or 429
private counsel pursuant to s. 27.40(1) to represent the inmate 430
at the hearing. An attorney representing the inmate shall have 431
access to the inmate and any records, including medical or 432
mental health records, which are relevant to the representation 433
of the inmate. 434
Section 15. Subsection (2) of section 985.045, Florida 435
Statutes, is amended to read: 436
985.045 Court records. — 437
(2) The clerk shall keep all official records required by 438
this section separate from other records of the circuit court, 439
except those records pertaining to motor vehicle violations, 440
which shall be forwarded to the Department of Highway Safety and 441
Motor Vehicles. Except as provided in ss. 943.053 and 442
985.04(6)(b) and (7), official records required by this chapter 443
are not open to inspection by the public, but may be inspected 444
only upon order of the court by persons deemed by the court to 445
have a proper intere st therein, except that a child and the 446
parents, guardians, or legal custodians of the child and their 447
attorneys, law enforcement agencies, the Department of Juvenile 448
Justice and its designees, the Florida Commission on Offender 449
Review, the Department of C orrections, and the Justice 450
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Administrative Commission shall always have the right to inspect 451
and copy any official record pertaining to the child. Offices of 452
the public defender and criminal conflict and civil regional 453
counsel offices shall have access to official records of 454
juveniles on whose behalf they are expected to appear in 455
detention or other hearings before an appointment of 456
representation. The court may permit authorized representatives 457
of recognized organizations compiling statistics for proper 458
purposes to inspect, and make abstracts from, official records 459
under whatever conditions upon the use and disposition of such 460
records the court may deem proper and may punish by contempt 461
proceedings any violation of those conditions. 462
Section 16. For the purpose of incorporating the amendment 463
made by this act to section 112.19, Florida Statutes, in a 464
reference thereto, paragraph (e) of subsection (4) of section 465
110.123, Florida Statutes, is reenacted to read: 466
110.123 State group insurance program. — 467
(4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION 468
ON ACTIONS TO PAY AND COLLECT PREMIUMS. — 469
(e) No state contribution for the cost of any part of the 470
premium shall be made for retirees or surviving spouses for any 471
type of coverage under the state gr oup insurance program. 472
However, any state agency that employs a full -time law 473
enforcement officer, correctional officer, or correctional 474
probation officer who is killed or suffers catastrophic injury 475
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CODING: Words stricken are deletions; words underlined are additions.
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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
in the line of duty as provided in s. 112.19, or a full -time 476
firefighter who is killed or suffers catastrophic injury in the 477
line of duty as provided in s. 112.191, shall pay the entire 478
premium of the state group health insurance plan selected for 479
the employee's surviving spouse until remarried, and for each 480
dependent child of the employee, subject to the conditions and 481
limitations set forth in s. 112.19 or s. 112.191, as applicable. 482
Section 17. For the purpose of incorporating the amendment 483
made by this act to section 112.19, Florida Statutes, in a 484
reference thereto, subsection (1) of section 112.1912, Florida 485
Statutes, is reenacted to read: 486
112.1912 First responders; death benefits for educational 487
expenses.— 488
(1) As used in this section, the term "first responder" 489
means: 490
(a) A law enforcement, correcti onal, or correctional 491
probation officer as defined in s. 112.19(1) who is killed as 492
provided in s. 112.19(2) on or after July 1, 2019; 493
(b) A firefighter as defined in s. 112.191(1) who is 494
killed as provided in s. 112.191(2) on or after July 1, 2019; or 495
(c) An emergency medical technician or a paramedic, as 496
defined in s. 112.1911(1), who is killed as provided in s. 497
112.1911(2) on or after July 1, 2019. 498
Section 18. This act shall take effect July 1, 2022. 499