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 CS/CS/HBCS/HB 177 2026 A bill to be entitled An act relating to offices of criminal conflict and civil regional counsel;

requiring offices of criminal conflict and civil regional counsel to provide written notice to the court in certain circumstances;

authorizingproviding courtsnotice torequirements; appoint an office of criminal conflict and civil regional counsel from another region to represent a defendant if certain requirements are met;

requiringauthorizing thecourts court to appoint privatean office of criminal conflict and civil regional counsel underupon receipt of such notice if certain circumstances;requirements are met;

requiringproviding theconstruction; Justice Administrative Commission to pay an appointed office of criminal conflict and civil regional counsel for due process costs and services, subject to legislative appropriation;

requiring appointed counsel to provide certain documentation to the Justice Administrative Commission infor order to receive payment or reimbursement;

requiring each regional office that accepts such appointments to biannually submit a specified report to the commission;

requiring the appointment of private counsel in certain circumstances;

conforming a cross-reference;cross reference;

Subsections (6) through (10) of section 27.511, Florida Statutes, are renumbered as subsections (7) through (11), respectively, and a new subsection (6) is added to that Pagesection, 1to ofread: 3 CODING:

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hb177-02-c2hb177-01-c1 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 CS/CS/HBCS/HB 177 2026 section27.511 toOffices read:of criminal conflict and civil regional counsel;

27.511 Offices of criminal conflict and civil regional counsel;

duties.— (6)(a) NotwithstandingAt ss.any time that an office of criminal conflict and civil regional counsel determines that it can no longer represent an indigent defendant in a death penalty case due to a conflict of interest or a lack of qualifications, it must provide written notice to the court.

27.40The andwritten 27.5305,notice ifmust anstate officethat ofthe criminaldefendant conflict and civil regional counsel has been appointeddetermined to representbe an indigent defendantunder ins. a case in which the state has filed a notice of intent to seek the death penalty and the office of criminal conflict and civil regional counsel determines that it has a conflict of interest or that it can otherwise no longer represent the defendant, the office of criminal conflict and civil regional counsel must provide notice to the court.

Upon27.52, receivingthat suchthe notice,state thehas courtfiled isa authorizednotice toof appointintent anto officeseek ofthe criminaldeath conflictpenalty, and civilthat regionalit counselcan fromno anotherlonger regionprovide specifiedrepresentation indue subsection (1) to represent the defendant, provided that such office does not have a conflict of interest andor provideda thatlack the regional counsel of suchqualifications. office concurs, at his or her sole discretion, to accept the appointment.

IfUpon receiving the notice, the court is authorized to appoint an office of criminal conflict and civil regional counsel cannotfrom beanother appointedregion to represent athe defendant underprovided thisthat paragraph,such office concurs with the judgeappointment, mustdoes appointnot privatehave counsel.a conflict of interest, and that its designated counsel is qualified to provide competent representation in death penalty cases.

(b)1.These provisions are effective notwithstanding ss.

Subject27.40 to legislative appropriation, when an office of criminal conflict and civil27.5305, regionalwhich counselauthorize acceptsthe an appointment underof paragrapha (a),private allattorney dueto processrepresent coststhe anddefendant. Page 2 of 3 CODING:

(b) Subject to legislative appropriation, the office of criminal conflict and civil regional counsel appointed from another region under paragraph (a) shall provide documentation for all due process costs and services of representation to the Page 2 of 4 CODING:

hb177-02-c2hb177-01-c1 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 CS/CS/HBCS/HB 177 2026 servicesJustice mustAdministrative beCommission paid from funds designated for suchreimbursement. purpose and administered by the Justice Administrative Commission.

(c) Beginning February 1, 2027, and biannually on February 1 and August 1 thereafter, each regional office of the office of criminal conflict and civil regional counsel that accepts an appointment under paragraph (a), in a case involving a defendant determined to be indigent under s.

27.52 in which the state has filed a notice of intent to seek the death penalty, shall submit a report to the Justice Administrative Commission.

For each case, the report must contain all of the following information:

1.

The office of criminal conflict and civil regional counsel appointed and the date of appointment, including the name of counsel assigned.

ToThe receivelength paymentof ortime reimbursement under subparagraph 1., the regionalcapital counsel, or his or her designee, must certify that the due process costs and services are case related,has andbeen hepending. or she must also submit appropriate documentation of expenses.

Section3. 2.

The date the state filed a notice of intent to seek the death penalty.

4.

The number of victims.

5.

The status of any ongoing discovery, including any discovery deadline set by the court.

6.

The number of outstanding motions.

7.

Whether there is a mitigation specialist, and, if so, the date of his or her employment, as well as any mitigation work product.

(d) If the office of criminal conflict and civil regional counsel from another region cannot accept an appointment under paragraph (a), private counsel must be appointed.

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Words stricken are deletions;