This bill amends section 27.511 of the Florida Statutes to establish new requirements for offices of criminal conflict and civil regional counsel when they can no longer represent an indigent defendant in death penalty cases due to conflicts of interest or lack of qualifications. Specifically, the bill mandates that these offices provide written notice to the court, detailing the indigent status of the defendant and the reasons for their inability to continue representation. Upon receiving this notice, the court is authorized to appoint counsel from another region, provided that the appointed counsel is qualified to handle death penalty cases. Additionally, the bill requires the appointed counsel to submit documentation for reimbursement to the Justice Administrative Commission and mandates biannual reporting from regional offices that accept such appointments.

Furthermore, the bill amends section 744.331 to conform a cross-reference regarding the appointment of attorneys for alleged incapacitated persons, specifying that the court must appoint either the office of criminal conflict and civil regional counsel or a private attorney as outlined in the newly inserted section 27.511(7). If the office from another region cannot accept the appointment due to conflicts or lack of qualified attorneys, the bill stipulates that private counsel must be appointed instead. The act is set to take effect on July 1, 2026.

Statutes affected:
S 762 Filed: 744.331
S 762 c1: 744.331