House Bill 0327er
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    1999 Legislature                    CS/HB 327, First Engrossed
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  2         An act relating to conflicts of interests in
  3         the representation of indigent defendants;
  4         amending s. 27.53, F.S.; requiring that the
  5         court review an alleged conflict of interest
  6         without disclosing confidential communications;
  7         providing for withdrawal of the public defender
  8         unless the court determines that the conflict
  9         is not prejudicial to the indigent defendant;
10         requiring each circuit conflict committee to
11         assess the circuit's conflict representation
12         system; requiring that the committees report
13         findings and recommendations to the
14         Legislature; providing an effective date.
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16  Be It Enacted by the Legislature of the State of Florida:
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18         Section 1.  Subsection (3) of section 27.53, Florida
19  Statutes, is amended to read:
20         27.53  Appointment of assistants and other staff;
21  method of payment.--
22         (3)  If, at any time during the representation of two
23  or more indigents, the public defender determines shall
24  determine that the interests of those accused are so adverse
25  or hostile that they cannot all be counseled by the public
26  defender or his or her staff without conflict of interest, or
27  that none can be counseled by the public defender or his or
28  her staff because of conflict of interest, it shall be the
29  public defender shall file a motion to withdraw and defender's
30  duty to move the court to appoint other counsel. The court
31  shall review and may inquire or conduct a hearing into the
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CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    1999 Legislature                    CS/HB 327, First Engrossed
  1  adequacy of the public defender's representations regarding a
  2  conflict of interest without requiring the disclosure of any
  3  confidential communications. The court shall permit withdrawal
  4  unless the court determines that the asserted conflict is not
  5  prejudicial to the indigent client. If the court grants the
  6  motion to withdraw, it may appoint one or more members of The
  7  Florida Bar, who are in no way affiliated with the public
  8  defender, in his or her capacity as such, or in his or her
  9  private practice, to represent those accused. However, the
10  trial court shall appoint such other counsel upon its own
11  motion when the facts developed upon the face of the record
12  and files in the cause disclose such conflict.  The court
13  shall advise the appropriate public defender and clerk of
14  court, in writing, when making such appointment and state the
15  conflict prompting the appointment.  The appointed attorney
16  shall be compensated as provided in s. 925.036.
17         Section 2.  Each circuit conflict committee established
18  under section 925.037, Florida Statutes, shall assess the
19  circuit's conflict representation system and determine whether
20  another conflict representation system would be more cost
21  effective, offer greater administrative control, and provide
22  representation of a higher quality in cases involving a
23  conflict of interest. In making this determination, the
24  committee shall consider other conflict representation
25  systems, including the attorney-management program established
26  in the Eighth Judicial Circuit. The committee shall also
27  determine how to improve the reliability of the information
28  and cost data that is reported for conflict cases within the
29  circuit. Each committee shall report its findings and
30  recommendations to the Legislature by February 1, 2000.
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CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    1999 Legislature                    CS/HB 327, First Engrossed
  1         Section 3.  This act shall take effect upon becoming a
  2  law.
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