Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 596
Ì516458GÎ516458
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Baxley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 110 - 505
4 and insert:
5 Section 3. Subsections (2), (3), and (7) of section 27.511,
6 Florida Statutes, are amended, and subsection (10) is added to
7 that section, to read:
8 27.511 Offices of criminal conflict and civil regional
9 counsel; legislative intent; qualifications; appointment;
10 duties.—
11 (2) Each office of criminal conflict and civil regional
12 counsel shall be assigned to the Justice Administrative
13 Commission for administrative purposes. The commission shall
14 provide administrative support and service to the offices to the
15 extent requested by each regional counsel within the available
16 resources of the commission. The regional counsel and the
17 offices are not subject to control, supervision, or direction by
18 the commission in the performance of their duties, but the
19 employees of the offices shall be governed by the classification
20 plan and the salary and benefits plan for the commission.
21 (3)(a) Each regional counsel must be, and must have been
22 for the preceding 5 years, a member in good standing of The
23 Florida Bar. Each regional counsel shall be appointed by the
24 Governor and is subject to confirmation by the Senate. The
25 Supreme Court Judicial Nominating Commission, in addition to the
26 current regional counsel, shall nominate recommend to the
27 Governor the currently serving regional counsel, if he or she
28 seeks reappointment, and may also nominate up to three not fewer
29 than two or more than five additional qualified candidates for
30 appointment to each of the five regional counsel positions for
31 consideration by the Governor. The Governor shall appoint the
32 regional counsel for the five regions from among the
33 commission’s nominations recommendations, or, if it is in the
34 best interest of the fair administration of justice, the
35 Governor may reject the nominations and request that the Supreme
36 Court Judicial Nominating Commission submit three new nominees.
37 The regional counsel shall be appointed to a term of 4 years,
38 the term beginning on October 1, 2015, with each successive term
39 beginning on October 1 every 4 years thereafter. The nomination
40 and appointment process under this paragraph shall apply
41 retroactively to the term beginning on October 1, 2019.
42 Vacancies shall be filled in the manner provided in paragraph
43 (b).
44 (b) If for any reason a regional counsel is unable to
45 complete a full term in office, the Governor may immediately
46 appoint an interim regional counsel who meets the qualifications
47 to be a regional counsel to serve as regional counsel for that
48 region district until a new regional counsel is appointed in the
49 manner provided in paragraph (a). The Florida Supreme Court
50 Judicial Nominating Commission shall provide the Governor with a
51 list of nominees for appointment within 6 months after the date
52 of the vacancy. A temporary vacancy in office does not affect
53 the validity of any matters or activities of the office of
54 regional counsel.
55 (7) The court may not appoint the office of criminal
56 conflict and civil regional counsel to represent, even on a
57 temporary basis, any person who is not indigent, except to the
58 extent that appointment of counsel is specifically provided for
59 in chapters 390, 394, 415, 743, and 744 without regard to the
60 indigent status of the person entitled to representation. If a
61 defendant has retained private counsel, the court may not
62 appoint the office of criminal conflict and civil regional
63 counsel to represent that defendant simultaneously on the same
64 case.
65 (10) Each court shall allow for the ingress and egress to
66 its facilities for regional counsels and assistant regional
67 counsels in the same manner as is provided to public defenders
68 and assistant public defenders, subject to the security
69 requirements of each courthouse.
70 Section 4. Subsection (4) of section 27.53, Florida
71 Statutes, is amended to read:
72 27.53 Appointment of assistants and other staff; method of
73 payment.—
74 (4) The five criminal conflict and civil regional counsels
75 counsel may employ and establish, in the numbers authorized by
76 the General Appropriations Act, assistant regional counsels
77 counsel and other staff and personnel in each judicial district
78 pursuant to s. 29.006, who shall be paid from funds appropriated
79 for that purpose. Notwithstanding s. 790.01, s. 790.02, or s.
80 790.25(2)(a), an investigator employed by an office of criminal
81 conflict and civil regional counsel, while actually carrying out
82 official duties, is authorized to carry concealed weapons if the
83 investigator complies with s. 790.25(3)(o). However, such
84 investigators are not eligible for membership in the Special
85 Risk Class of the Florida Retirement System. The five regional
86 counsels counsel shall jointly develop a coordinated recommended
87 modifications to the classification and pay plan for submission
88 to and the salary and benefits plan for the Justice
89 Administrative Commission, the President of the Senate, and the
90 Speaker of the House of Representatives by January 1 of each
91 year. The plan must recommendations shall be submitted to the
92 commission, the office of the President of the Senate, and the
93 office of the Speaker of the House of Representatives before
94 January 1 of each year. Such recommendations shall be developed
95 in accordance with policies and procedures of the Executive
96 Office of the Governor established in s. 216.181. Each assistant
97 regional counsel appointed by the regional counsel under this
98 section shall serve at the pleasure of the regional counsel.
99 Each investigator employed by the regional counsel shall have
100 full authority to serve any witness subpoena or court order
101 issued by any court or judge in a criminal case in which the
102 regional counsel has been appointed to represent the accused.
103 Section 5. Subsection (3) and paragraph (a) of subsection
104 (4) of section 39.0132, Florida Statutes, are amended to read:
105 39.0132 Oaths, records, and confidential information.—
106 (3) The clerk shall keep all court records required by this
107 chapter separate from other records of the circuit court. All
108 court records required by this chapter shall not be open to
109 inspection by the public. All records shall be inspected only
110 upon order of the court by persons deemed by the court to have a
111 proper interest therein, except that, subject to the provisions
112 of s. 63.162, a child and the parents of the child and their
113 attorneys, the guardian ad litem, criminal conflict and civil
114 regional counsels, law enforcement agencies, and the department
115 and its designees shall always have the right to inspect and
116 copy any official record pertaining to the child. The Justice
117 Administrative Commission may inspect court dockets required by
118 this chapter as necessary to audit compensation of court
119 appointed attorneys. If the docket is insufficient for purposes
120 of the audit, the commission may petition the court for
121 additional documentation as necessary and appropriate. The court
122 may permit authorized representatives of recognized
123 organizations compiling statistics for proper purposes to
124 inspect and make abstracts from official records, under whatever
125 conditions upon their use and disposition the court may deem
126 proper, and may punish by contempt proceedings any violation of
127 those conditions.
128 (4)(a)1. All information obtained pursuant to this part in
129 the discharge of official duty by any judge, employee of the
130 court, authorized agent of the department, correctional
131 probation officer, or law enforcement agent is confidential and
132 exempt from s. 119.07(1) and may not be disclosed to anyone
133 other than the authorized personnel of the court, the department
134 and its designees, correctional probation officers, law
135 enforcement agents, the guardian ad litem, criminal conflict and
136 civil regional counsels, and others entitled under this chapter
137 to receive that information, except upon order of the court.
138 2.a. The following information held by a guardian ad litem
139 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
140 I of the State Constitution:
141 (I) Medical, mental health, substance abuse, child care,
142 education, law enforcement, court, social services, and
143 financial records.
144 (II) Any other information maintained by a guardian ad
145 litem which is identified as confidential information under this
146 chapter.
147 b. Such confidential and exempt information may not be
148 disclosed to anyone other than the authorized personnel of the
149 court, the department and its designees, correctional probation
150 officers, law enforcement agents, guardians ad litem, and others
151 entitled under this chapter to receive that information, except
152 upon order of the court.
153 Section 6. Paragraph (a) of subsection (2) of section
154 92.153, Florida Statutes, is amended to read:
155 92.153 Production of documents by witnesses; reimbursement
156 of costs.—
157 (2) REIMBURSEMENT OF A DISINTERESTED WITNESS.—
158 (a) In any proceeding, a disinterested witness shall be
159 paid for any costs the witness reasonably incurs either directly
160 or indirectly in producing, searching for, reproducing, or
161 transporting documents pursuant to a summons; however, the cost
162 of documents produced pursuant to a subpoena or records request
163 by a state attorney, a or public defender, or a criminal
164 conflict and civil regional counsel may not exceed 15 cents per
165 page and $10 per hour for research or retrieval.
166 Section 7. Paragraph (b) of subsection (1) of section
167 112.19, Florida Statutes, is amended to read:
168 112.19 Law enforcement, correctional, and correctional
169 probation officers; death benefits.—
170 (1) As used in this section, the term:
171 (b) “Law enforcement, correctional, or correctional
172 probation officer” means any officer as defined in s. 943.10(14)
173 or employee of the state or any political subdivision of the
174 state, including any law enforcement officer, correctional
175 officer, correctional probation officer, state attorney
176 investigator, or public defender investigator, or criminal
177 conflict and civil regional counsel investigator, whose duties
178 require such officer or employee to investigate, pursue,
179 apprehend, arrest, transport, or maintain custody of persons who
180 are charged with, suspected of committing, or convicted of a
181 crime; and the term includes any member of a bomb disposal unit
182 whose primary responsibility is the location, handling, and
183 disposal of explosive devices. The term also includes any full
184 time officer or employee of the state or any political
185 subdivision of the state, certified pursuant to chapter 943,
186 whose duties require such officer to serve process or to attend
187 a session of a circuit or county court as bailiff.
188 Section 8. Subsection (1) of section 320.025, Florida
189 Statutes, is amended to read:
190 320.025 Registration certificate and license plate or decal
191 issued under fictitious name; application.—
192 (1) A confidential registration certificate and
193 registration license plate or decal shall be issued under a
194 fictitious name only for a motor vehicle or vessel owned or
195 operated by a law enforcement agency of state, county,
196 municipal, or federal government;, the Attorney General’s
197 Medicaid Fraud Control Unit;, or any state public defender’s
198 office; or any criminal conflict and civil regional counsel
199 office. The requesting agency shall file a written application
200 with the department, on forms furnished by the department,
201 including which includes a statement that the license plate or
202 decal will be used for certain activities by the Attorney
203 General’s Medicaid Fraud Control Unit; any or law enforcement or
204 any state public defender’s office; or a criminal conflict and
205 civil regional counsel office which requires the activities
206 requiring concealment of publicly leased or owned motor vehicles
207 or vessels and a statement of the position classifications of
208 the individuals who are authorized to use the license plate or
209 decal. The department may modify its records to reflect the
210 fictitious identity of the owner or lessee until such time as
211 the license plate or decal and registration certificate are
212 surrendered to it.
213 Section 9. Paragraph (a) of subsection (5) of section
214 393.12, Florida Statutes, is amended to read:
215 393.12 Capacity; appointment of guardian advocate.—
216 (5) COUNSEL.—Within 3 days after a petition has been filed,
217 the court shall appoint an attorney to represent a person with a
218 developmental disability who is the subject of a petition to
219 appoint a guardian advocate. The person with a developmental
220 disability may substitute his or her own attorney for the
221 attorney appointed by the court.
222 (a) The court shall initially appoint a private attorney
223 who shall be selected from the attorney registry compiled
224 pursuant to s. 27.40. Such attorney must have completed a
225 minimum of 8 hours of education in guardianship. The court may
226 waive this requirement for an attorney who has served as a
227 court-appointed attorney in guardian advocate proceedings or as
228 an attorney of record for guardian advocates for at least 3
229 years. This education requirement does not apply to a court
230 appointed attorney who is employed by an office of criminal
231 conflict and civil regional counsel.
232 Section 10. Subsection (3) of section 394.916, Florida
233 Statutes, is amended to read:
234 394.916 Trial; counsel and experts; indigent persons;
235 jury.—
236 (3) At all adversarial proceedings under this act, the
237 person subject to this act is entitled to the assistance of
238 counsel, and, if the person is indigent, the court must shall
239 appoint the public defender or, if a conflict exists, the court
240 must appoint a criminal conflict and civil regional counsel or
241 other counsel to assist the person.
242 Section 11. Paragraph (d) of subsection (2) of section
243 744.331, Florida Statutes, is amended to read:
244 744.331 Procedures to determine incapacity.—
245 (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
246 (d) An attorney seeking to be appointed by a court for
247 incapacity and guardianship proceedings must have completed a
248 minimum of 8 hours of education in guardianship. A court may
249 waive the initial training requirement for an attorney who has
250 served as a court-appointed attorney in incapacity proceedings
251 or as an attorney of record for guardians for not less than 3
252 years. This training requirement does not apply to a court
253 appointed attorney employed by an office of criminal conflict
254 and civil regional counsel.
255 Section 12. Paragraph (e) of subsection (3) and subsection
256 (7) of section 943.053, Florida Statutes, are amended to read:
257 943.053 Dissemination of criminal justice information;
258 fees.—
259 (3)
260 (e) The fee per record for criminal history information
261 provided pursuant to this subsection and s. 943.0542 is $24 per
262 name submitted, except that the fee for the guardian ad litem
263 program and vendors of the Department of Children and Families,
264 the Department of Juvenile Justice, the Agency for Persons with
265 Disabilities, and the Department of Elderly Affairs is shall be
266 $8 for each name submitted; the fee for a state criminal history
267 provided for application processing as required by law to be
268 performed by the Department of Agriculture and Consumer Services
269 is shall be $15 for each name submitted; and the fee for
270 requests under s. 943.0542, which implements the National Child
271 Protection Act, is shall be $18 for each volunteer name
272 submitted. An office The state offices of the public defender or
273 an office of criminal conflict and civil regional counsel may
274 shall not be assessed a fee for Florida criminal history
275 information or wanted person information.
276 (7) Notwithstanding any other provision of law, the
277 department shall provide to each office of the public defender
278 and each office of criminal conflict and civil regional counsel
279 online access to criminal records of this state which are not
280 exempt from disclosure under chapter 119 or confidential under
281 law. Such access shall be used solely in support of the duties
282 of a public defender as provided in s. 27.51, a criminal
283 conflict and civil regional counsel as provided in s. 27.511, or
284 of any attorney specially assigned as authorized in s. 27.53 in
285 the representation of any person who is determined indigent as
286 provided in s. 27.52. The costs of establishing and maintaining
287 such online access must shall be borne by the office to which
288 the access has been provided.
289 Section 13. Paragraph (d) of subsection (2) of section
290 945.10, Florida Statutes, is amended to read:
291 945.10 Confidential information.—
292 (2) The records and information specified in paragraphs
293 (1)(a)-(i) may be released as follows unless expressly
294 prohibited by federal law:
295 (d) Information specified in paragraph (1)(b) to a public
296 defender or a criminal conflict and civil regional counsel
297 representing a defendant, except those portions of the records
298 containing a victim’s statement or address, or the statement or
299 address of a relative of the victim. A request for records or
300 information pursuant to this paragraph need not be in writing.
301
302 Records and information released under this subsection remain
303 confidential and exempt from the provisions of s. 119.07(1) and
304 s. 24(a), Art. I of the State Constitution when held by the
305 receiving person or entity.
306 Section 14. Subsection (3) of section 945.48, Florida
307 Statutes, is amended to read:
308 945.48 Rights of inmates provided mental health treatment;
309 procedure for involuntary treatment.—
310 (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES.
311 Involuntary mental health treatment of an inmate who refuses
312 treatment that is deemed to be necessary for the appropriate
313 care of the inmate and the safety of the inmate or others may be
314 provided at a mental health treatment facility. The warden of
315 the institution containing the mental health treatment facility
316 shall petition the circuit court serving the county in which the
317 mental health treatment facility is located for an order
318 authorizing the treatment of the inmate. The inmate shall be
319 provided with a copy of the petition along with the proposed
320 treatment; the basis for the proposed treatment; the names of
321 the examining experts; and the date, time, and location of the
322 hearing. The inmate may have an attorney represent him or her at
323 the hearing, and, if the inmate is indigent, the court must
324 shall appoint the office of the public defender to represent the
325 inmate at the hearing. If the office of the public defender
326 withdraws from the appointment due to a conflict, the court must
327 appoint a criminal conflict and civil regional counsel or
328 private counsel pursuant to s. 27.40(1) to represent the inmate
329 at the hearing. An attorney representing the inmate shall have
330 access to the inmate and any records, including medical or
331 mental health records, which are relevant to the representation
332 of the inmate.
333 Section 15. Subsection (2) of section 985.045, Florida
334 Statutes, is amended to read:
335 985.045 Court records.—
336 (2) The clerk shall keep all official records required by
337 this section separate from other records of the circuit court,
338 except those records pertaining to motor vehicle violations,
339 which shall be forwarded to the Department of Highway Safety and
340 Motor Vehicles. Except as provided in ss. 943.053 and
341 985.04(6)(b) and (7), official records required by this chapter
342 are not open to inspection by the public, but may be inspected
343 only upon order of the court by persons deemed by the court to
344 have a proper interest therein, except that a child and the
345 parents, guardians, or legal custodians of the child and their
346 attorneys, law enforcement agencies, the Department of Juvenile
347 Justice and its designees, the Florida Commission on Offender
348 Review, the Department of Corrections, and the Justice
349 Administrative Commission shall always have the right to inspect
350 and copy any official record pertaining to the child. Offices of
351 the public defender and criminal conflict and civil regional
352 counsel offices shall have access to official records of
353 juveniles on whose behalf they are expected to appear in
354 detention or other hearings before an appointment of
355 representation. The court may permit authorized representatives
356 of recognized organizations compiling statistics for proper
357 purposes to inspect, and make abstracts from, official records
358 under whatever conditions upon the use and disposition of such
359 records the court may deem proper and may punish by contempt
360 proceedings any violation of those conditions.
361 Section 16. This act shall take effect July 1, 2022.
362
363 ================= T I T L E A M E N D M E N T ================
364 And the title is amended as follows:
365 Delete lines 8 - 70
366 and insert:
367 27.511, F.S.; removing the requirement that regional
368 counsel employees be governed by Justice
369 Administrative Commission classification and salary
370 and benefits plans; modifying procedures for the
371 Supreme Court Judicial Nominating Commission to
372 nominate candidates to the Governor for regional
373 counsel positions; specifying that the nomination and
374 appointment process applies retroactively; prohibiting
375 the court from appointing a regional counsel to
376 represent a defendant who has retained private
377 counsel; specifying requirements for the manner of
378 access to court facilities for regional counsels;
379 amending s. 27.53, F.S.; revising requirements for the
380 classification and pay plan jointly developed by the
381 regional counsels; amending s. 39.0132, F.S.;
382 authorizing regional counsels to access certain
383 confidential information relating to proceedings
384 involving children under specified circumstances;
385 authorizing the release to regional counsels of
386 certain confidential information relating to
387 proceedings involving children under specified
388 circumstances; amending s. 92.153, F.S.; providing a
389 limit on costs for documents produced in response to a
390 subpoena or records request by a regional counsel;
391 amending s. 112.19, F.S.; revising the definition of
392 the term “law enforcement, correctional, or
393 correctional probation officer” to include regional
394 counsel investigators for purposes of eligibility for
395 certain death benefits; amending s. 320.025, F.S.;
396 authorizing regional counsel offices to obtain
397 fictitious names for motor vehicle and vessel plates
398 or decals; amending s. 393.12, F.S.; waiving an
399 education requirement for the appointment of attorneys
400 from regional counsel offices to represent a person
401 with a developmental disability; amending s. 394.916,
402 F.S.; requiring a court to appoint a regional counsel
403 or other counsel to represent an alleged sexually
404 violent predator in the event of a conflict; amending
405 s. 744.331, F.S.; waiving a certain training
406 requirement for the appointment of attorneys from
407 regional counsel offices to represent an alleged
408 incapacitated person; amending s. 943.053, F.S.;
409 specifying that a regional counsel office may not be
410 charged a fee for accessing certain criminal justice
411 information; requiring the Department of Law
412 Enforcement to provide regional counsel offices online
413 access to certain information; amending s. 945.10,
414 F.S.; authorizing the release of certain records and
415 information to regional counsels; amending s. 945.48,
416 F.S.; authorizing the appointment of a regional
417 counsel to represent an inmate subject to involuntary
418 mental health treatment if certain conditions exist;
419 amending s. 985.045, F.S.; requiring that regional
420 counsel offices have access to official records of
421 juveniles whom they represent; providing an effective
422 date.