Florida Senate - 2022 CS for SB 596 By the Committee on Judiciary; and Senator Baxley 590-01914-22 2022596c1 1 A bill to be entitled 2 An act relating to criminal conflict and civil 3 regional counsels; amending s. 27.0065, F.S.; 4 specifying the responsibilities of regional counsels 5 regarding witness coordination; amending s. 27.341, 6 F.S.; revising legislative intent regarding electronic 7 filing and receipt of court documents; amending s. 8 27.511, F.S.; removing the requirement that regional 9 counsel employees be governed by Justice 10 Administrative Commission classification and salary 11 and benefits plans; modifying procedures for the 12 Supreme Court Judicial Nominating Commission to 13 nominate candidates to the Governor for regional 14 counsel positions; specifying that the nomination and 15 appointment process applies retroactively; prohibiting 16 the court from appointing a regional counsel to 17 represent a defendant who has retained private 18 counsel; specifying requirements for the manner of 19 access to court facilities for regional counsels; 20 amending s. 27.53, F.S.; revising requirements for the 21 classification and pay plan jointly developed by the 22 regional counsels; amending s. 39.0132, F.S.; 23 authorizing regional counsels to access certain 24 confidential information relating to proceedings 25 involving children under specified circumstances; 26 authorizing the release to regional counsels of 27 certain confidential information relating to 28 proceedings involving children under specified 29 circumstances; amending s. 92.153, F.S.; providing a 30 limit on costs for documents produced in response to a 31 subpoena or records request by a regional counsel; 32 amending s. 112.19, F.S.; revising the definition of 33 the term law enforcement, correctional, or 34 correctional probation officer to include regional 35 counsel investigators for purposes of eligibility for 36 certain death benefits; amending s. 320.025, F.S.; 37 authorizing regional counsel offices to obtain 38 fictitious names for motor vehicle and vessel plates 39 or decals; amending s. 393.12, F.S.; waiving an 40 education requirement for the appointment of attorneys 41 from regional counsel offices to represent a person 42 with a developmental disability; amending s. 394.916, 43 F.S.; requiring a court to appoint a regional counsel 44 or other counsel to represent an alleged sexually 45 violent predator in the event of a conflict; amending 46 s. 744.331, F.S.; waiving a certain training 47 requirement for the appointment of attorneys from 48 regional counsel offices to represent an alleged 49 incapacitated person; amending s. 943.053, F.S.; 50 specifying that a regional counsel office may not be 51 charged a fee for accessing certain criminal justice 52 information; requiring the Department of Law 53 Enforcement to provide regional counsel offices online 54 access to certain information; amending s. 945.10, 55 F.S.; authorizing the release of certain records and 56 information to regional counsels; amending s. 945.48, 57 F.S.; authorizing the appointment of a regional 58 counsel to represent an inmate subject to involuntary 59 mental health treatment if certain conditions exist; 60 amending s. 985.045, F.S.; requiring that regional 61 counsel offices have access to official records of 62 juveniles whom they represent; providing an effective 63 date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1.Section 27.0065, Florida Statutes, is amended to 68 read: 69 27.0065Witness coordination.Each state attorney, and 70 public defender, and criminal conflict and civil regional 71 counsel is shall be responsible for: 72 (1)Coordinating court appearances, including pretrial 73 conferences and depositions, for all witnesses who are 74 subpoenaed in criminal cases, including law enforcement 75 personnel. 76 (2)Contacting witnesses and securing information necessary 77 to place a witness on an on-call status with regard to his or 78 her court appearance. 79 (3)Contacting witnesses to advise them not to report to 80 court in the event the case for which they have been subpoenaed 81 has been continued or has had a plea entered, or in the event 82 there is any other reason why their attendance is not required 83 on the dates they have been ordered to report. 84 (4)Contacting the employer of a witness, when necessary, 85 to confirm that the employee has been subpoenaed to appear in 86 court as a witness. 87 88 In addition, the state attorney, or public defender, or criminal 89 conflict and civil regional counsel may provide additional 90 services to reduce time and wage losses to a minimum for all 91 witnesses. 92 Section 2.Subsection (2) of section 27.341, Florida 93 Statutes, is amended to read: 94 27.341Electronic filing and receipt of court documents. 95 (2)It is further the expectation of the Legislature that 96 each office of the state attorney consult with the office of the 97 public defender for the same circuit served by the office of the 98 state attorney, the office of criminal conflict and civil 99 regional counsel assigned to that circuit, the clerks of court 100 for the circuit, the Florida Court Technology Commission, and 101 any authority that governs the operation of a statewide portal 102 for the electronic filing and receipt of court documents. 103 Section 3.Subsections (2), (3), and (7) of section 27.511, 104 Florida Statutes, are amended, and subsection (10) is added to 105 that section, to read: 106 27.511Offices of criminal conflict and civil regional 107 counsel; legislative intent; qualifications; appointment; 108 duties. 109 (2)Each office of criminal conflict and civil regional 110 counsel shall be assigned to the Justice Administrative 111 Commission for administrative purposes. The commission shall 112 provide administrative support and service to the offices to the 113 extent requested by each regional counsel within the available 114 resources of the commission. The regional counsel and the 115 offices are not subject to control, supervision, or direction by 116 the commission in the performance of their duties, but the 117 employees of the offices shall be governed by the classification 118 plan and the salary and benefits plan for the commission. 119 (3)(a)Each regional counsel must be, and must have been 120 for the preceding 5 years, a member in good standing of The 121 Florida Bar. Each regional counsel shall be appointed by the 122 Governor and is subject to confirmation by the Senate. The 123 Supreme Court Judicial Nominating Commission, in addition to the 124 current regional counsel, shall nominate recommend to the 125 Governor the currently serving regional counsel, if he or she 126 seeks reappointment, and may also nominate up to three not fewer 127 than two or more than five additional qualified candidates for 128 appointment to each of the five regional counsel positions for 129 consideration by the Governor. The Governor shall appoint the 130 regional counsel for the five regions from among the 131 commissions nominations recommendations, or, if it is in the 132 best interest of the fair administration of justice, the 133 Governor may reject the nominations and request that the Supreme 134 Court Judicial Nominating Commission submit three new nominees. 135 The regional counsel shall be appointed to a term of 4 years, 136 the term beginning on October 1, 2015, with each successive term 137 beginning on October 1 every 4 years thereafter. The nomination 138 and appointment process under this paragraph shall apply 139 retroactively to the term beginning on October 1, 2019. 140 Vacancies shall be filled in the manner provided in paragraph 141 (b). 142 (b)If for any reason a regional counsel is unable to 143 complete a full term in office, the Governor may immediately 144 appoint an interim regional counsel who meets the qualifications 145 to be a regional counsel to serve as regional counsel for that 146 region district until a new regional counsel is appointed in the 147 manner provided in paragraph (a). The Florida Supreme Court 148 Judicial Nominating Commission shall provide the Governor with a 149 list of nominees for appointment within 6 months after the date 150 of the vacancy. A temporary vacancy in office does not affect 151 the validity of any matters or activities of the office of 152 regional counsel. 153 (7)The court may not appoint the office of criminal 154 conflict and civil regional counsel to represent, even on a 155 temporary basis, any person who is not indigent, except to the 156 extent that appointment of counsel is specifically provided for 157 in chapters 390, 394, 415, 743, and 744 without regard to the 158 indigent status of the person entitled to representation. If a 159 defendant has retained private counsel, the court may not 160 appoint the office of criminal conflict and civil regional 161 counsel to represent that defendant simultaneously on the same 162 case. 163 (10)Each court shall allow for the ingress and egress to 164 its facilities for regional counsels and assistant regional 165 counsels in the same manner as is provided to public defenders 166 and assistant public defenders, subject to the security 167 requirements of each courthouse. 168 Section 4.Subsection (4) of section 27.53, Florida 169 Statutes, is amended to read: 170 27.53Appointment of assistants and other staff; method of 171 payment. 172 (4)The five criminal conflict and civil regional counsels 173 counsel may employ and establish, in the numbers authorized by 174 the General Appropriations Act, assistant regional counsels 175 counsel and other staff and personnel in each judicial district 176 pursuant to s. 29.006, who shall be paid from funds appropriated 177 for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 178 790.25(2)(a), an investigator employed by an office of criminal 179 conflict and civil regional counsel, while actually carrying out 180 official duties, is authorized to carry concealed weapons if the 181 investigator complies with s. 790.25(3)(o). However, such 182 investigators are not eligible for membership in the Special 183 Risk Class of the Florida Retirement System. The five regional 184 counsels counsel shall jointly develop a coordinated recommended 185 modifications to the classification and pay plan for submission 186 to and the salary and benefits plan for the Justice 187 Administrative Commission, the President of the Senate, and the 188 Speaker of the House of Representatives by January 1 of each 189 year. The plan must recommendations shall be submitted to the 190 commission, the office of the President of the Senate, and the 191 office of the Speaker of the House of Representatives before 192 January 1 of each year. Such recommendations shall be developed 193 in accordance with policies and procedures of the Executive 194 Office of the Governor established in s. 216.181. Each assistant 195 regional counsel appointed by the regional counsel under this 196 section shall serve at the pleasure of the regional counsel. 197 Each investigator employed by the regional counsel shall have 198 full authority to serve any witness subpoena or court order 199 issued by any court or judge in a criminal case in which the 200 regional counsel has been appointed to represent the accused. 201 Section 5.Subsection (3) and paragraph (a) of subsection 202 (4) of section 39.0132, Florida Statutes, are amended to read: 203 39.0132Oaths, records, and confidential information. 204 (3)The clerk shall keep all court records required by this 205 chapter separate from other records of the circuit court. All 206 court records required by this chapter shall not be open to 207 inspection by the public. All records shall be inspected only 208 upon order of the court by persons deemed by the court to have a 209 proper interest therein, except that, subject to the provisions 210 of s. 63.162, a child and the parents of the child and their 211 attorneys, the guardian ad litem, criminal conflict and civil 212 regional counsels, law enforcement agencies, and the department 213 and its designees shall always have the right to inspect and 214 copy any official record pertaining to the child. The Justice 215 Administrative Commission may inspect court dockets required by 216 this chapter as necessary to audit compensation of court 217 appointed attorneys. If the docket is insufficient for purposes 218 of the audit, the commission may petition the court for 219 additional documentation as necessary and appropriate. The court 220 may permit authorized representatives of recognized 221 organizations compiling statistics for proper purposes to 222 inspect and make abstracts from official records, under whatever 223 conditions upon their use and disposition the court may deem 224 proper, and may punish by contempt proceedings any violation of 225 those conditions. 226 (4)(a)1.All information obtained pursuant to this part in 227 the discharge of official duty by any judge, employee of the 228 court, authorized agent of the department, correctional 229 probation officer, or law enforcement agent is confidential and 230 exempt from s. 119.07(1) and may not be disclosed to anyone 231 other than the authorized personnel of the court, the department 232 and its designees, correctional probation officers, law 233 enforcement agents, the guardian ad litem, criminal conflict and 234 civil regional counsels, and others entitled under this chapter 235 to receive that information, except upon order of the court. 236 2.a.The following information held by a guardian ad litem 237 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 238 I of the State Constitution: 239 (I)Medical, mental health, substance abuse, child care, 240 education, law enforcement, court, social services, and 241 financial records. 242 (II)Any other information maintained by a guardian ad 243 litem which is identified as confidential information under this 244 chapter. 245 b.Such confidential and exempt information may not be 246 disclosed to anyone other than the authorized personnel of the 247 court, the department and its designees, correctional probation 248 officers, law enforcement agents, guardians ad litem, and others 249 entitled under this chapter to receive that information, except 250 upon order of the court. 251 Section 6.Paragraph (a) of subsection (2) of section 252 92.153, Florida Statutes, is amended to read: 253 92.153Production of documents by witnesses; reimbursement 254 of costs. 255 (2)REIMBURSEMENT OF A DISINTERESTED WITNESS. 256 (a)In any proceeding, a disinterested witness shall be 257 paid for any costs the witness reasonably incurs either directly 258 or indirectly in producing, searching for, reproducing, or 259 transporting documents pursuant to a summons; however, the cost 260 of documents produced pursuant to a subpoena or records request 261 by a state attorney, a or public defender, or a criminal 262 conflict and civil regional counsel may not exceed 15 cents per 263 page and $10 per hour for research or retrieval. 264 Section 7.Paragraph (b) of subsection (1) of section 265 112.19, Florida Statutes, is amended to read: 266 112.19Law enforcement, correctional, and correctional 267 probation officers; death benefits. 268 (1)As used in this section, the term: 269 (b)Law enforcement, correctional, or correctional 270 probation officer means any officer as defined in s. 943.10(14) 271 or employee of the state or any political subdivision of the 272 state, including any law enforcement officer, correctional 273 officer, correctional probation officer, state attorney 274 investigator, or public defender investigator, or criminal 275 conflict and civil regional counsel investigator, whose duties 276 require such officer or employee to investigate, pursue, 277 apprehend, arrest, transport, or maintain custody of persons who 278 are charged with, suspected of committing, or convicted of a 279 crime; and the term includes any member of a bomb disposal unit 280 whose primary responsibility is the location, handling, and 281 disposal of explosive devices. The term also includes any full 282 time officer or employee of the state or any political 283 subdivision of the state, certified pursuant to chapter 943, 284 whose duties require such officer to serve process or to attend 285 a session of a circuit or county court as bailiff. 286 Section 8.Subsection (1) of section 320.025, Florida 287 Statutes, is amended to read: 288 320.025Registration certificate and license plate or decal 289 issued under fictitious name; application. 290 (1)A confidential registration certificate and 291 registration license plate or decal shall be issued under a 292 fictitious name only for a motor vehicle or vessel owned or 293 operated by a law enforcement agency of state, county, 294 municipal, or federal government;, the Attorney Generals 295 Medicaid Fraud Control Unit;, or any state public defenders 296 office; or any criminal conflict and civil regional counsel 297 office. The requesting agency shall file a written application 298 with the department, on forms furnished by the department, 299 including which includes a statement that the license plate or 300 decal will be used for certain activities by the Attorney 301 Generals Medicaid Fraud Control Unit; any or law enforcement or 302 any state public defenders office; or a criminal conflict and 303 civil regional counsel office which requires the activities 304 requiring concealment of publicly leased or owned motor vehicles 305 or vessels and a statement of the position classifications of 306 the individuals who are authorized to use the license plate or 307 decal. The department may modify its records to reflect the 308 fictitious identity of the owner or lessee until such time as 309 the license plate or decal and registration certificate are 310 surrendered to it. 311 Section 9.Paragraph (a) of subsection (5) of section 312 393.12, Florida Statutes, is amended to read: 313 393.12Capacity; appointment of guardian advocate. 314 (5)COUNSEL.Within 3 days after a petition has been filed, 315 the court shall appoint an attorney to represent a person with a 316 developmental disability who is the subject of a petition to 317 appoint a guardian advocate. The person with a developmental 318 disability may substitute his or her own attorney for the 319 attorney appointed by the court. 320 (a)The court shall initially appoint a private attorney 321 who shall be selected from the attorney registry compiled 322 pursuant to s. 27.40. Such attorney must have completed a 323 minimum of 8 hours of education in guardianship. The court may 324 waive this requirement for an attorney who has served as a 325 court-appointed attorney in guardian advocate proceedings or as 326 an attorney of record for guardian advocates for at least 3 327 years. This education requirement does not apply to a court 328 appointed attorney who is employed by an office of criminal 329 conflict and civil regional counsel. 330 Section 10.Subsection (3) of section 394.916, Florida 331 Statutes, is amended to read: 332 394.916Trial; counsel and experts; indigent persons; 333 jury. 334 (3)At all adversarial proceedings under this act, the 335 person subject to this act is entitled to the assistance of 336 counsel, and, if the person is indigent, the court must shall 337 appoint the public defender or, if a conflict exists, the court 338 must appoint a criminal conflict and civil regional counsel or 339 other counsel to assist the person. 340 Section 11.Paragraph (d) of subsection (2) of section 341 744.331, Florida Statutes, is amended to read: 342 744.331Procedures to determine incapacity. 343 (2)ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON. 344 (d)An attorney seeking to be appointed by a court for 345 incapacity and guardianship proceedings must have completed a 346 minimum of 8 hours of education in guardianship. A court may 347 waive the initial training requirement for an attorney who has 348 served as a court-appointed attorney in incapacity proceedings 349 or as an attorney of record for guardians for not less than 3 350 years. This training requirement does not apply to a court 351 appointed attorney employed by an office of criminal conflict 352 and civil regional counsel. 353 Section 12.Paragraph (e) of subsection (3) and subsection 354 (7) of section 943.053, Florida Statutes, are amended to read: 355 943.053Dissemination of criminal justice information; 356 fees. 357 (3) 358 (e)The fee per record for criminal history information 359 provided pursuant to this subsection and s. 943.0542 is $24 per 360 name submitted, except that the fee for the guardian ad litem 361 program and vendors of the Department of Children and Families, 362 the Department of Juvenile Justice, the Agency for Persons with 363 Disabilities, and the Department of Elderly Affairs is shall be 364 $8 for each name submitted; the fee for a state criminal history 365 provided for application processing as required by law to be 366 performed by the Department of Agriculture and Consumer Services 367 is shall be $15 for each name submitted; and the fee for 368 requests under s. 943.0542, which implements the National Child 369 Protection Act, is shall be $18 for each volunteer name 370 submitted. An office The state offices of the public defender or 371 an office of criminal conflict and civil regional counsel may 372 shall not be assessed a fee for Florida criminal history 373 information or wanted person information. 374 (7)Notwithstanding any other provision of law, the 375 department shall provide to each office of the public defender 376 and each office of criminal conflict and civil regional counsel 377 online access to criminal records of this state which are not 378 exempt from disclosure under chapter 119 or confidential under 379 law. Such access shall be used solely in support of the duties 380 of a public defender as provided in s. 27.51, a criminal 381 conflict and civil regional counsel as provided in s. 27.511, or 382 of any attorney specially assigned as authorized in s. 27.53 in 383 the representation of any person who is determined indigent as 384 provided in s. 27.52. The costs of establishing and maintaining 385 such online access must shall be borne by the office to which 386 the access has been provided. 387 Section 13.Paragraph (d) of subsection (2) of section 388 945.10, Florida Statutes, is amended to read: 389 945.10Confidential information. 390 (2)The records and information specified in paragraphs 391 (1)(a)-(i) may be released as follows unless expressly 392 prohibited by federal law: 393 (d)Information specified in paragraph (1)(b) to a public 394 defender or a criminal conflict and civil regional counsel 395 representing a defendant, except those portions of the records 396 containing a victims statement or address, or the statement or 397 address of a relative of the victim. A request for records or 398 information pursuant to this paragraph need not be in writing. 399 400 Records and information released under this subsection remain 401 confidential and exempt from the provisions of s. 119.07(1) and 402 s. 24(a), Art. I of the State Constitution when held by the 403 receiving person or entity. 404 Section 14.Subsection (3) of section 945.48, Florida 405 Statutes, is amended to read: 406 945.48Rights of inmates provided mental health treatment; 407 procedure for involuntary treatment. 408 (3)PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES. 409 Involuntary mental health treatment of an inmate who refuses 410 treatment that is deemed to be necessary for the appropriate 411 care of the inmate and the safety of the inmate or others may be 412 provided at a mental health treatment facility. The warden of 413 the institution containing the mental health treatment facility 414 shall petition the circuit court serving the county in which the 415 mental health treatment facility is located for an order 416 authorizing the treatment of the inmate. The inmate shall be 417 provided with a copy of the petition along with the proposed 418 treatment; the basis for the proposed treatment; the names of 419 the examining experts; and the date, time, and location of the 420 hearing. The inmate may have an attorney represent him or her at 421 the hearing, and, if the inmate is indigent, the court must 422 shall appoint the office of the public defender to represent the 423 inmate at the hearing. If the office of the public defender 424 withdraws from the appointment due to a conflict, the court must 425 appoint a criminal conflict and civil regional counsel or 426 private counsel pursuant to s. 27.40(1) to represent the inmate 427 at the hearing. An attorney representing the inmate shall have 428 access to the inmate and any records, including medical or 429 mental health records, which are relevant to the representation 430 of the inmate. 431 Section 15.Subsection (2) of section 985.045, Florida 432 Statutes, is amended to read: 433 985.045Court records. 434 (2)The clerk shall keep all official records required by 435 this section separate from other records of the circuit court, 436 except those records pertaining to motor vehicle violations, 437 which shall be forwarded to the Department of Highway Safety and 438 Motor Vehicles. Except as provided in ss. 943.053 and 439 985.04(6)(b) and (7), official records required by this chapter 440 are not open to inspection by the public, but may be inspected 441 only upon order of the court by persons deemed by the court to 442 have a proper interest therein, except that a child and the 443 parents, guardians, or legal custodians of the child and their 444 attorneys, law enforcement agencies, the Department of Juvenile 445 Justice and its designees, the Florida Commission on Offender 446 Review, the Department of Corrections, and the Justice 447 Administrative Commission shall always have the right to inspect 448 and copy any official record pertaining to the child. Offices of 449 the public defender and criminal conflict and civil regional 450 counsel offices shall have access to official records of 451 juveniles on whose behalf they are expected to appear in 452 detention or other hearings before an appointment of 453 representation. The court may permit authorized representatives 454 of recognized organizations compiling statistics for proper 455 purposes to inspect, and make abstracts from, official records 456 under whatever conditions upon the use and disposition of such 457 records the court may deem proper and may punish by contempt 458 proceedings any violation of those conditions. 459 Section 16.This act shall take effect July 1, 2022.