Florida Senate - 2022 SB 596
By Senator Baxley
12-00603A-22 2022596__
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 27.51, F.S.; prohibiting the court from appointing a
9 regional counsel to represent certain defendants;
10 amending s. 27.511, F.S.; removing the requirement
11 that regional counsel employees be governed by Justice
12 Administrative Commission classification and salary
13 and benefits plans; modifying procedures for the
14 Supreme Court Judicial Nominating Commission to
15 nominate candidates to the Governor for regional
16 counsel positions; specifying that the nomination and
17 appointment process applies retroactively; specifying
18 requirements for the manner of access to court
19 facilities for regional counsels; amending s. 27.53,
20 F.S.; revising requirements for the classification and
21 pay plan jointly developed by the regional counsels;
22 amending s. 39.0132, F.S.; providing that regional
23 counsels can access certain confidential information
24 relating to proceedings involving children under
25 specified circumstances; authorizing the release to
26 regional counsels of certain confidential information
27 relating to proceedings involving children under
28 specified circumstances; amending s. 92.153, F.S.;
29 providing a limit on costs for documents produced in
30 response to a subpoena or records request by a
31 regional counsel; reenacting s. 110.123(4)(e), F.S.,
32 relating to the payment of health insurance premiums
33 by state agencies for certain employees and surviving
34 spouses, to incorporate the amendment made to s.
35 112.19, F.S., in a reference thereto; amending s.
36 112.19, F.S.; revising the definition of the term “law
37 enforcement, correctional, or correctional probation
38 officer” to include regional counsel investigators for
39 purposes of eligibility for certain death benefits;
40 reenacting s. 112.1912(1), F.S., relating to death
41 benefits for educational expenses for survivors of
42 first responders, to incorporate the amendment made to
43 s. 112.19, F.S., in a reference thereto; amending s.
44 320.025, F.S.; authorizing regional counsel offices to
45 obtain fictitious names for motor vehicle and vessel
46 plates or decals; amending s. 393.12, F.S.; waiving an
47 education requirement for the appointment of attorneys
48 from regional counsel offices to represent a person
49 with a developmental disability; amending s. 394.916,
50 F.S.; requiring a court to appoint a regional counsel
51 or other counsel to represent an alleged sexually
52 violent predator in the event of a conflict; amending
53 s. 744.331, F.S.; waiving a certain training
54 requirement for the appointment of attorneys from
55 regional counsel offices to represent an alleged
56 incapacitated person; amending s. 943.053, F.S.;
57 specifying that a regional counsel office may not be
58 charged a fee for accessing certain criminal justice
59 information; requiring the Department of Law
60 Enforcement to provide regional counsels online access
61 to certain information; amending s. 945.10, F.S.;
62 authorizing the release of certain records and
63 information to regional counsels; amending s. 945.48,
64 F.S.; authorizing the appointment of a regional
65 counsel to represent an inmate subject to involuntary
66 mental health treatment if certain conditions exist;
67 amending s. 985.045, F.S.; requiring that regional
68 counsel offices have access to official records of
69 juveniles whom they represent; providing effective
70 dates.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Section 27.0065, Florida Statutes, is amended to
75 read:
76 27.0065 Witness coordination.—Each state attorney, and
77 public defender, and criminal conflict and civil regional
78 counsel is shall be responsible for:
79 (1) Coordinating court appearances, including pretrial
80 conferences and depositions, for all witnesses who are
81 subpoenaed in criminal cases, including law enforcement
82 personnel.
83 (2) Contacting witnesses and securing information necessary
84 to place a witness on an on-call status with regard to his or
85 her court appearance.
86 (3) Contacting witnesses to advise them not to report to
87 court in the event the case for which they have been subpoenaed
88 has been continued or has had a plea entered, or in the event
89 there is any other reason why their attendance is not required
90 on the dates they have been ordered to report.
91 (4) Contacting the employer of a witness, when necessary,
92 to confirm that the employee has been subpoenaed to appear in
93 court as a witness.
94
95 In addition, the state attorney, or public defender, or criminal
96 conflict and civil regional counsel may provide additional
97 services to reduce time and wage losses to a minimum for all
98 witnesses.
99 Section 2. Subsection (2) of section 27.341, Florida
100 Statutes, is amended to read:
101 27.341 Electronic filing and receipt of court documents.—
102 (2) It is further the expectation of the Legislature that
103 each office of the state attorney consult with the office of the
104 public defender for the same circuit served by the office of the
105 state attorney, the office of criminal conflict and civil
106 regional counsel assigned to that circuit, the clerks of court
107 for the circuit, the Florida Court Technology Commission, and
108 any authority that governs the operation of a statewide portal
109 for the electronic filing and receipt of court documents.
110 Section 3. Subsection (2) of section 27.51, Florida
111 Statutes, is amended to read:
112 27.51 Duties of public defender.—
113 (2) The court may not appoint the public defender or a
114 regional counsel to represent, even on a temporary basis, any
115 person who is not indigent. If a defendant has retained private
116 counsel, the court may not appoint the public defender or
117 regional counsel to represent that defendant simultaneously on
118 the same case. The court, however, may appoint private counsel
119 in capital cases as provided in ss. 27.40 and 27.5303.
120 Section 4. Subsections (2) and (3) of section 27.511,
121 Florida Statutes, are amended, and subsection (10) is added to
122 that section, to read:
123 27.511 Offices of criminal conflict and civil regional
124 counsel; legislative intent; qualifications; appointment;
125 duties.—
126 (2) Each office of criminal conflict and civil regional
127 counsel shall be assigned to the Justice Administrative
128 Commission for administrative purposes. The commission shall
129 provide administrative support and service to the offices to the
130 extent requested by each regional counsel within the available
131 resources of the commission. The regional counsel and the
132 offices are not subject to control, supervision, or direction by
133 the commission in the performance of their duties, but the
134 employees of the offices shall be governed by the classification
135 plan and the salary and benefits plan for the commission.
136 (3)(a) Each regional counsel must be, and must have been
137 for the preceding 5 years, a member in good standing of The
138 Florida Bar. Each regional counsel shall be appointed by the
139 Governor and is subject to confirmation by the Senate. The
140 Supreme Court Judicial Nominating Commission, in addition to the
141 current regional counsel, shall nominate recommend to the
142 Governor the currently serving regional counsel, if he or she
143 seeks reappointment, and may also nominate, for consideration by
144 the Governor, up to three not fewer than two or more than five
145 additional qualified candidates for appointment to each of the
146 five regional counsel positions. The Governor shall appoint the
147 regional counsel for the five regions from among the Supreme
148 Court Judicial Nominating Commission’s nominations
149 recommendations, or, if it is in the best interest of the fair
150 administration of justice, the Governor may reject the
151 nominations and request that the Supreme Court Judicial
152 Nominating Commission submit three new nominees. The regional
153 counsel shall be appointed to a term of 4 years, the term
154 beginning on October 1, 2015, with each successive term
155 beginning on October 1 every 4 years thereafter. The nomination
156 and appointment process under this paragraph applies
157 retroactively to the term beginning on October 1, 2020.
158 Vacancies shall be filled in the manner provided in paragraph
159 (b).
160 (b) If for any reason a regional counsel is unable to
161 complete a full term in office, the Governor may immediately
162 appoint an interim regional counsel who meets the qualifications
163 to be a regional counsel to serve as regional counsel for that
164 region district until a new regional counsel is appointed in the
165 manner provided in paragraph (a). The Florida Supreme Court
166 Judicial Nominating Commission shall provide the Governor with a
167 list of nominees for appointment within 6 months after the date
168 of the vacancy. A temporary vacancy in office does not affect
169 the validity of any matters or activities of the office of
170 regional counsel.
171 (10) Each court shall allow for ingress and egress to its
172 facilities for regional counsels and assistant regional counsels
173 in the same manner as is provided to public defenders and
174 assistant public defenders, subject to the security requirements
175 of each courthouse.
176 Section 5. Subsection (4) of section 27.53, Florida
177 Statutes, is amended to read:
178 27.53 Appointment of assistants and other staff; method of
179 payment.—
180 (4) The five criminal conflict and civil regional counsels
181 counsel may employ and establish, in the numbers authorized by
182 the General Appropriations Act, assistant regional counsels
183 counsel and other staff and personnel in each judicial district
184 pursuant to s. 29.006, who shall be paid from funds appropriated
185 for that purpose. Notwithstanding s. 790.01, s. 790.02, or s.
186 790.25(2)(a), an investigator employed by an office of criminal
187 conflict and civil regional counsel, while actually carrying out
188 official duties, is authorized to carry concealed weapons if the
189 investigator complies with s. 790.25(3)(o). However, such
190 investigators are not eligible for membership in the Special
191 Risk Class of the Florida Retirement System. The five regional
192 counsels counsel shall jointly develop a coordinated recommended
193 modifications to the classification and pay plan for submission
194 to and the salary and benefits plan for the Justice
195 Administrative Commission, the President of the Senate, and the
196 Speaker of the House of Representatives by January 1 of each
197 year. The plan must recommendations shall be submitted to the
198 commission, the office of the President of the Senate, and the
199 office of the Speaker of the House of Representatives before
200 January 1 of each year. Such recommendations shall be developed
201 in accordance with policies and procedures of the Executive
202 Office of the Governor established in s. 216.181. Each assistant
203 regional counsel appointed by the regional counsel under this
204 section shall serve at the pleasure of the regional counsel.
205 Each investigator employed by the regional counsel shall have
206 full authority to serve any witness subpoena or court order
207 issued by any court or judge in a criminal case in which the
208 regional counsel has been appointed to represent the accused.
209 Section 6. Subsection (3) and paragraph (a) of subsection
210 (4) of section 39.0132, Florida Statutes, are amended to read:
211 39.0132 Oaths, records, and confidential information.—
212 (3) The clerk shall keep all court records required by this
213 chapter separate from other records of the circuit court. All
214 court records required by this chapter shall not be open to
215 inspection by the public. All records shall be inspected only
216 upon order of the court by persons deemed by the court to have a
217 proper interest therein, except that, subject to the provisions
218 of s. 63.162, a child and the parents of the child and their
219 attorneys, the guardian ad litem, criminal conflict and civil
220 regional counsels, law enforcement agencies, and the department
221 and its designees shall always have the right to inspect and
222 copy any official record pertaining to the child. The Justice
223 Administrative Commission may inspect court dockets required by
224 this chapter as necessary to audit compensation of court
225 appointed attorneys. If the docket is insufficient for purposes
226 of the audit, the commission may petition the court for
227 additional documentation as necessary and appropriate. The court
228 may permit authorized representatives of recognized
229 organizations compiling statistics for proper purposes to
230 inspect and make abstracts from official records, under whatever
231 conditions upon their use and disposition the court may deem
232 proper, and may punish by contempt proceedings any violation of
233 those conditions.
234 (4)(a)1. All information obtained pursuant to this part in
235 the discharge of official duty by any judge, employee of the
236 court, authorized agent of the department, correctional
237 probation officer, or law enforcement agent is confidential and
238 exempt from s. 119.07(1) and may not be disclosed to anyone
239 other than the authorized personnel of the court, the department
240 and its designees, correctional probation officers, law
241 enforcement agents, the guardian ad litem, criminal conflict and
242 civil regional counsels, and others entitled under this chapter
243 to receive that information, except upon order of the court.
244 2.a. The following information held by a guardian ad litem
245 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
246 I of the State Constitution:
247 (I) Medical, mental health, substance abuse, child care,
248 education, law enforcement, court, social services, and
249 financial records.
250 (II) Any other information maintained by a guardian ad
251 litem which is identified as confidential information under this
252 chapter.
253 b. Such confidential and exempt information may not be
254 disclosed to anyone other than the authorized personnel of the
255 court, the department and its designees, correctional probation
256 officers, law enforcement agents, guardians ad litem, and others
257 entitled under this chapter to receive that information, except
258 upon order of the court.
259 Section 7. Paragraph (a) of subsection (2) of section
260 92.153, Florida Statutes, is amended to read:
261 92.153 Production of documents by witnesses; reimbursement
262 of costs.—
263 (2) REIMBURSEMENT OF A DISINTERESTED WITNESS.—
264 (a) In any proceeding, a disinterested witness shall be
265 paid for any costs the witness reasonably incurs either directly
266 or indirectly in producing, searching for, reproducing, or
267 transporting documents pursuant to a summons; however, the cost
268 of documents produced pursuant to a subpoena or records request
269 by a state attorney, a or public defender, or a criminal
270 conflict and civil regional counsel may not exceed 15 cents per
271 page and $10 per hour for research or retrieval.
272 Section 8. For the purpose of incorporating the amendment
273 made by this act to section 112.19, Florida Statutes, in a
274 reference thereto, paragraph (e) of subsection (4) of section
275 110.123, Florida Statutes, is reenacted to read:
276 110.123 State group insurance program.—
277 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
278 ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
279 (e) No state contribution for the cost of any part of the
280 premium shall be made for retirees or surviving spouses for any
281 type of coverage under the state group insurance program.
282 However, any state agency that employs a full-time law
283 enforcement officer, correctional officer, or correctional
284 probation officer who is killed or suffers catastrophic injury
285 in the line of duty as provided in s. 112.19, or a full-time
286 firefighter who is killed or suffers catastrophic injury in the
287 line of duty as provided in s. 112.191, shall pay the entire
288 premium of the state group health insurance plan selected for
289 the employee’s surviving spouse until remarried, and for each
290 dependent child of the employee, subject to the conditions and
291 limitations set forth in s. 112.19 or s. 112.191, as applicable.
292 Section 9. Paragraph (b) of subsection (1) of section
293 112.19, Florida Statutes, is amended to read:
294 112.19 Law enforcement, correctional, and correctional
295 probation officers; death benefits.—
296 (1) As used in this section, the term:
297 (b) “Law enforcement, correctional, or correctional
298 probation officer” means any officer as defined in s. 943.10(14)
299 or employee of the state or any political subdivision of the
300 state, including any law enforcement officer, correctional
301 officer, correctional probation officer, state attorney
302 investigator, or public defender investigator, or criminal
303 conflict and civil regional counsel investigator, whose duties
304 require such officer or employee to investigate, pursue,
305 apprehend, arrest, transport, or maintain custody of persons who
306 are charged with, suspected of committing, or convicted of a
307 crime; and the term includes any member of a bomb disposal unit
308 whose primary responsibility is the location, handling, and
309 disposal of explosive devices. The term also includes any full
310 time officer or employee of the state or any political
311 subdivision of the state, certified pursuant to chapter 943,
312 whose duties require such officer to serve process or to attend
313 a session of a circuit or county court as bailiff.
314 Section 10. For the purpose of incorporating the amendment
315 made by this act to section 112.19, Florida Statutes, in a
316 reference thereto, subsection (1) of section 112.1912, Florida
317 Statutes, is reenacted to read:
318 112.1912 First responders; death benefits for educational
319 expenses.—
320 (1) As used in this section, the term “first responder”
321 means:
322 (a) A law enforcement, correctional, or correctional
323 probation officer as defined in s. 112.19(1) who is killed as
324 provided in s. 112.19(2) on or after July 1, 2019;
325 (b) A firefighter as defined in s. 112.191(1) who is killed
326 as provided in s. 112.191(2) on or after July 1, 2019; or
327 (c) An emergency medical technician or a paramedic, as
328 defined in s. 112.1911(1), who is killed as provided in s.
329 112.1911(2) on or after July 1, 2019.
330 Section 11. Contingent upon SB ___ or similar legislation
331 amending the public records exemption in section 320.025(3),
332 Florida Statutes, taking effect, subsection (1) of that section
333 is amended to read:
334 320.025 Registration certificate and license plate or decal
335 issued under fictitious name; application.—
336 (1) A confidential registration certificate and
337 registration license plate or decal shall be issued under a
338 fictitious name only for a motor vehicle or vessel owned or
339 operated by a law enforcement agency of state, county,
340 municipal, or federal government;, the Attorney General’s
341 Medicaid Fraud Control Unit;, or any state public defender’s
342 office; or any criminal conflict and civil regional counsel
343 office. The requesting agency shall file a written application
344 with the department, on forms furnished by the department,
345 including which includes a statement that the license plate or
346 decal will be used for certain activities by the Attorney
347 General’s Medicaid Fraud Control Unit; any or law enforcement or
348 any state public defender’s office; or a regional counsel office
349 which requires the activities requiring concealment of publicly
350 leased or owned motor vehicles or vessels and a statement of the
351 position classifications of the individuals who are authorized
352 to use the license plate or decal. The department may modify its
353 records to reflect the fictitious identity of the owner or
354 lessee until such time as the license plate or decal and
355 registration certificate are surrendered to it.
356 Section 12. Paragraph (a) of subsection (5) of section
357 393.12, Florida Statutes, is amended to read:
358 393.12 Capacity; appointment of guardian advocate.—
359 (5) COUNSEL.—Within 3 days after a petition has been filed,
360 the court shall appoint an attorney to represent a person with a
361 developmental disability who is the subject of a petition to
362 appoint a guardian advocate. The person with a developmental
363 disability may substitute his or her own attorney for the
364 attorney appointed by the court.
365 (a) The court shall initially appoint a private attorney
366 who shall be selected from the attorney registry compiled
367 pursuant to s. 27.40. Such attorney must have completed a
368 minimum of 8 hours of education in guardianship. The court may
369 waive this requirement for an attorney who has served as a
370 court-appointed attorney in guardian advocate proceedings or as
371 an attorney of record for guardian advocates for at least 3
372 years. This education requirement does not apply to a court
373 appointed attorney who is employed by an office of criminal
374 conflict and civil regional counsel.
375 Section 13. Subsection (3) of section 394.916, Florida
376 Statutes, is amended to read:
377 394.916 Trial; counsel and experts; indigent persons;
378 jury.—
379 (3) At all adversarial proceedings under this act, the
380 person subject to this act is entitled to the assistance of
381 counsel, and, if the person is indigent, the court must shall
382 appoint the public defender or, if a conflict exists, the court
383 must appoint a criminal conflict and civil regional counsel or
384 other counsel to assist the person.
385 Section 14. Paragraph (d) of subsection (2) of section
386 744.331, Florida Statutes, is amended to read:
387 744.331 Procedures to determine incapacity.—
388 (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
389 (d) An attorney seeking to be appointed by a court for
390 incapacity and guardianship proceedings must have completed a
391 minimum of 8 hours of education in guardianship. A court may
392 waive the initial training requirement for an attorney who has
393 served as a court-appointed attorney in incapacity proceedings
394 or as an attorney of record for guardians for not less than 3
395 years. This training requirement does not apply to a court
396 appointed attorney employed by an office of criminal conflict
397 and civil regional counsel.
398 Section 15. Paragraph (e) of subsection (3) and subsection
399 (7) of section 943.053, Florida Statutes, are amended to read:
400 943.053 Dissemination of criminal justice information;
401 fees.—
402 (3)
403 (e) The fee per record for criminal history information
404 provided pursuant to this subsection and s. 943.0542 is $24 per
405 name submitted, except that the fee for the guardian ad litem
406 program and vendors of the Department of Children and Families,
407 the Department of Juvenile Justice, the Agency for Persons with
408 Disabilities, and the Department of Elderly Affairs is shall be
409 $8 for each name submitted; the fee for a state criminal history
410 provided for application processing as required by law to be
411 performed by the Department of Agriculture and Consumer Services
412 is shall be $15 for each name submitted; and the fee for
413 requests under s. 943.0542, which implements the National Child
414 Protection Act, is shall be $18 for each volunteer name
415 submitted. An office The state offices of the public defender or
416 an office of criminal conflict and civil regional counsel may
417 shall not be assessed a fee for Florida criminal history
418 information or wanted person information.
419 (7) Notwithstanding any other provision of law, the
420 department shall provide to each office of the public defender
421 and each office of the criminal conflict and civil regional
422 counsel online access to criminal records of this state which
423 are not exempt from disclosure under chapter 119 or confidential
424 under law. Such access shall be used solely in support of the
425 duties of a public defender as provided in s. 27.51, a criminal
426 conflict and civil regional counsel as provided in s. 27.511, or
427 of any attorney specially assigned as authorized in s. 27.53 in
428 the representation of any person who is determined indigent as
429 provided in s. 27.52. The costs of establishing and maintaining
430 such online access must shall be borne by the office to which
431 the access has been provided.
432 Section 16. Paragraph (d) of subsection (2) of section
433 945.10, Florida Statutes, is amended to read:
434 945.10 Confidential information.—
435 (2) The records and information specified in paragraphs
436 (1)(a)-(i) may be released as follows unless expressly
437 prohibited by federal law:
438 (d) Information specified in paragraph (1)(b) to a public
439 defender or a criminal conflict and civil regional counsel
440 representing a defendant, except those portions of the records
441 containing a victim’s statement or address, or the statement or
442 address of a relative of the victim. A request for records or
443 information pursuant to this paragraph need not be in writing.
444
445 Records and information released under this subsection remain
446 confidential and exempt from the provisions of s. 119.07(1) and
447 s. 24(a), Art. I of the State Constitution when held by the
448 receiving person or entity.
449 Section 17. Subsection (3) of section 945.48, Florida
450 Statutes, is amended to read:
451 945.48 Rights of inmates provided mental health treatment;
452 procedure for involuntary treatment.—
453 (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES.
454 Involuntary mental health treatment of an inmate who refuses
455 treatment that is deemed to be necessary for the appropriate
456 care of the inmate and the safety of the inmate or others may be
457 provided at a mental health treatment facility. The warden of
458 the institution containing the mental health treatment facility
459 shall petition the circuit court serving the county in which the
460 mental health treatment facility is located for an order
461 authorizing the treatment of the inmate. The inmate shall be
462 provided with a copy of the petition along with the proposed
463 treatment; the basis for the proposed treatment; the names of
464 the examining experts; and the date, time, and location of the
465 hearing. The inmate may have an attorney represent him or her at
466 the hearing, and, if the inmate is indigent, the court must
467 shall appoint the office of the public defender to represent the
468 inmate at the hearing. If the office of the public defender
469 withdraws from the appointment due to a conflict, the court must
470 appoint a criminal conflict and civil regional counsel or
471 private counsel pursuant to s. 27.40(1) to represent the inmate
472 at the hearing. An attorney representing the inmate shall have
473 access to the inmate and any records, including medical or
474 mental health records, which are relevant to the representation
475 of the inmate.
476 Section 18. Subsection (2) of section 985.045, Florida
477 Statutes, is amended to read:
478 985.045 Court records.—
479 (2) The clerk shall keep all official records required by
480 this section separate from other records of the circuit court,
481 except those records pertaining to motor vehicle violations,
482 which shall be forwarded to the Department of Highway Safety and
483 Motor Vehicles. Except as provided in ss. 943.053 and
484 985.04(6)(b) and (7), official records required by this chapter
485 are not open to inspection by the public, but may be inspected
486 only upon order of the court by persons deemed by the court to
487 have a proper interest therein, except that a child and the
488 parents, guardians, or legal custodians of the child and their
489 attorneys, law enforcement agencies, the Department of Juvenile
490 Justice and its designees, the Florida Commission on Offender
491 Review, the Department of Corrections, and the Justice
492 Administrative Commission shall always have the right to inspect
493 and copy any official record pertaining to the child. Offices of
494 the public defender and criminal conflict and civil regional
495 counsel offices shall have access to official records of
496 juveniles on whose behalf they are expected to appear in
497 detention or other hearings before an appointment of
498 representation. The court may permit authorized representatives
499 of recognized organizations compiling statistics for proper
500 purposes to inspect, and make abstracts from, official records
501 under whatever conditions upon the use and disposition of such
502 records the court may deem proper and may punish by contempt
503 proceedings any violation of those conditions.
504 Section 19. Except as otherwise expressly provided in this
505 act, this act shall take effect July 1, 2022.