Florida Senate - 2022                              CS for SB 596
       
       
        
       By the Committee on Judiciary; and Senator Baxley
       
       
       
       
       
       590-01914-22                                           2022596c1
    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         27.511, F.S.; removing the requirement that regional
    9         counsel employees be governed by Justice
   10         Administrative Commission classification and salary
   11         and benefits plans; modifying procedures for the
   12         Supreme Court Judicial Nominating Commission to
   13         nominate candidates to the Governor for regional
   14         counsel positions; specifying that the nomination and
   15         appointment process applies retroactively; prohibiting
   16         the court from appointing a regional counsel to
   17         represent a defendant who has retained private
   18         counsel; specifying requirements for the manner of
   19         access to court facilities for regional counsels;
   20         amending s. 27.53, F.S.; revising requirements for the
   21         classification and pay plan jointly developed by the
   22         regional counsels; amending s. 39.0132, F.S.;
   23         authorizing regional counsels to access certain
   24         confidential information relating to proceedings
   25         involving children under specified circumstances;
   26         authorizing the release to regional counsels of
   27         certain confidential information relating to
   28         proceedings involving children under specified
   29         circumstances; amending s. 92.153, F.S.; providing a
   30         limit on costs for documents produced in response to a
   31         subpoena or records request by a regional counsel;
   32         amending s. 112.19, F.S.; revising the definition of
   33         the term “law enforcement, correctional, or
   34         correctional probation officer” to include regional
   35         counsel investigators for purposes of eligibility for
   36         certain death benefits; amending s. 320.025, F.S.;
   37         authorizing regional counsel offices to obtain
   38         fictitious names for motor vehicle and vessel plates
   39         or decals; amending s. 393.12, F.S.; waiving an
   40         education requirement for the appointment of attorneys
   41         from regional counsel offices to represent a person
   42         with a developmental disability; amending s. 394.916,
   43         F.S.; requiring a court to appoint a regional counsel
   44         or other counsel to represent an alleged sexually
   45         violent predator in the event of a conflict; amending
   46         s. 744.331, F.S.; waiving a certain training
   47         requirement for the appointment of attorneys from
   48         regional counsel offices to represent an alleged
   49         incapacitated person; amending s. 943.053, F.S.;
   50         specifying that a regional counsel office may not be
   51         charged a fee for accessing certain criminal justice
   52         information; requiring the Department of Law
   53         Enforcement to provide regional counsel offices online
   54         access to certain information; amending s. 945.10,
   55         F.S.; authorizing the release of certain records and
   56         information to regional counsels; amending s. 945.48,
   57         F.S.; authorizing the appointment of a regional
   58         counsel to represent an inmate subject to involuntary
   59         mental health treatment if certain conditions exist;
   60         amending s. 985.045, F.S.; requiring that regional
   61         counsel offices have access to official records of
   62         juveniles whom they represent; providing an effective
   63         date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Section 27.0065, Florida Statutes, is amended to
   68  read:
   69         27.0065 Witness coordination.—Each state attorney, and
   70  public defender, and criminal conflict and civil regional
   71  counsel is shall be responsible for:
   72         (1) Coordinating court appearances, including pretrial
   73  conferences and depositions, for all witnesses who are
   74  subpoenaed in criminal cases, including law enforcement
   75  personnel.
   76         (2) Contacting witnesses and securing information necessary
   77  to place a witness on an on-call status with regard to his or
   78  her court appearance.
   79         (3) Contacting witnesses to advise them not to report to
   80  court in the event the case for which they have been subpoenaed
   81  has been continued or has had a plea entered, or in the event
   82  there is any other reason why their attendance is not required
   83  on the dates they have been ordered to report.
   84         (4) Contacting the employer of a witness, when necessary,
   85  to confirm that the employee has been subpoenaed to appear in
   86  court as a witness.
   87  
   88  In addition, the state attorney, or public defender, or criminal
   89  conflict and civil regional counsel may provide additional
   90  services to reduce time and wage losses to a minimum for all
   91  witnesses.
   92         Section 2. Subsection (2) of section 27.341, Florida
   93  Statutes, is amended to read:
   94         27.341 Electronic filing and receipt of court documents.—
   95         (2) It is further the expectation of the Legislature that
   96  each office of the state attorney consult with the office of the
   97  public defender for the same circuit served by the office of the
   98  state attorney, the office of criminal conflict and civil
   99  regional counsel assigned to that circuit, the clerks of court
  100  for the circuit, the Florida Court Technology Commission, and
  101  any authority that governs the operation of a statewide portal
  102  for the electronic filing and receipt of court documents.
  103         Section 3. Subsections (2), (3), and (7) of section 27.511,
  104  Florida Statutes, are amended, and subsection (10) is added to
  105  that section, to read:
  106         27.511 Offices of criminal conflict and civil regional
  107  counsel; legislative intent; qualifications; appointment;
  108  duties.—
  109         (2) Each office of criminal conflict and civil regional
  110  counsel shall be assigned to the Justice Administrative
  111  Commission for administrative purposes. The commission shall
  112  provide administrative support and service to the offices to the
  113  extent requested by each regional counsel within the available
  114  resources of the commission. The regional counsel and the
  115  offices are not subject to control, supervision, or direction by
  116  the commission in the performance of their duties, but the
  117  employees of the offices shall be governed by the classification
  118  plan and the salary and benefits plan for the commission.
  119         (3)(a) Each regional counsel must be, and must have been
  120  for the preceding 5 years, a member in good standing of The
  121  Florida Bar. Each regional counsel shall be appointed by the
  122  Governor and is subject to confirmation by the Senate. The
  123  Supreme Court Judicial Nominating Commission, in addition to the
  124  current regional counsel, shall nominate recommend to the
  125  Governor the currently serving regional counsel, if he or she
  126  seeks reappointment, and may also nominate up to three not fewer
  127  than two or more than five additional qualified candidates for
  128  appointment to each of the five regional counsel positions for
  129  consideration by the Governor. The Governor shall appoint the
  130  regional counsel for the five regions from among the
  131  commission’s nominations recommendations, or, if it is in the
  132  best interest of the fair administration of justice, the
  133  Governor may reject the nominations and request that the Supreme
  134  Court Judicial Nominating Commission submit three new nominees.
  135  The regional counsel shall be appointed to a term of 4 years,
  136  the term beginning on October 1, 2015, with each successive term
  137  beginning on October 1 every 4 years thereafter. The nomination
  138  and appointment process under this paragraph shall apply
  139  retroactively to the term beginning on October 1, 2019.
  140  Vacancies shall be filled in the manner provided in paragraph
  141  (b).
  142         (b) If for any reason a regional counsel is unable to
  143  complete a full term in office, the Governor may immediately
  144  appoint an interim regional counsel who meets the qualifications
  145  to be a regional counsel to serve as regional counsel for that
  146  region district until a new regional counsel is appointed in the
  147  manner provided in paragraph (a). The Florida Supreme Court
  148  Judicial Nominating Commission shall provide the Governor with a
  149  list of nominees for appointment within 6 months after the date
  150  of the vacancy. A temporary vacancy in office does not affect
  151  the validity of any matters or activities of the office of
  152  regional counsel.
  153         (7) The court may not appoint the office of criminal
  154  conflict and civil regional counsel to represent, even on a
  155  temporary basis, any person who is not indigent, except to the
  156  extent that appointment of counsel is specifically provided for
  157  in chapters 390, 394, 415, 743, and 744 without regard to the
  158  indigent status of the person entitled to representation. If a
  159  defendant has retained private counsel, the court may not
  160  appoint the office of criminal conflict and civil regional
  161  counsel to represent that defendant simultaneously on the same
  162  case.
  163         (10)Each court shall allow for the ingress and egress to
  164  its facilities for regional counsels and assistant regional
  165  counsels in the same manner as is provided to public defenders
  166  and assistant public defenders, subject to the security
  167  requirements of each courthouse.
  168         Section 4. Subsection (4) of section 27.53, Florida
  169  Statutes, is amended to read:
  170         27.53 Appointment of assistants and other staff; method of
  171  payment.—
  172         (4) The five criminal conflict and civil regional counsels
  173  counsel may employ and establish, in the numbers authorized by
  174  the General Appropriations Act, assistant regional counsels
  175  counsel and other staff and personnel in each judicial district
  176  pursuant to s. 29.006, who shall be paid from funds appropriated
  177  for that purpose. Notwithstanding s. 790.01, s. 790.02, or s.
  178  790.25(2)(a), an investigator employed by an office of criminal
  179  conflict and civil regional counsel, while actually carrying out
  180  official duties, is authorized to carry concealed weapons if the
  181  investigator complies with s. 790.25(3)(o). However, such
  182  investigators are not eligible for membership in the Special
  183  Risk Class of the Florida Retirement System. The five regional
  184  counsels counsel shall jointly develop a coordinated recommended
  185  modifications to the classification and pay plan for submission
  186  to and the salary and benefits plan for the Justice
  187  Administrative Commission, the President of the Senate, and the
  188  Speaker of the House of Representatives by January 1 of each
  189  year. The plan must recommendations shall be submitted to the
  190  commission, the office of the President of the Senate, and the
  191  office of the Speaker of the House of Representatives before
  192  January 1 of each year. Such recommendations shall be developed
  193  in accordance with policies and procedures of the Executive
  194  Office of the Governor established in s. 216.181. Each assistant
  195  regional counsel appointed by the regional counsel under this
  196  section shall serve at the pleasure of the regional counsel.
  197  Each investigator employed by the regional counsel shall have
  198  full authority to serve any witness subpoena or court order
  199  issued by any court or judge in a criminal case in which the
  200  regional counsel has been appointed to represent the accused.
  201         Section 5. Subsection (3) and paragraph (a) of subsection
  202  (4) of section 39.0132, Florida Statutes, are amended to read:
  203         39.0132 Oaths, records, and confidential information.—
  204         (3) The clerk shall keep all court records required by this
  205  chapter separate from other records of the circuit court. All
  206  court records required by this chapter shall not be open to
  207  inspection by the public. All records shall be inspected only
  208  upon order of the court by persons deemed by the court to have a
  209  proper interest therein, except that, subject to the provisions
  210  of s. 63.162, a child and the parents of the child and their
  211  attorneys, the guardian ad litem, criminal conflict and civil
  212  regional counsels, law enforcement agencies, and the department
  213  and its designees shall always have the right to inspect and
  214  copy any official record pertaining to the child. The Justice
  215  Administrative Commission may inspect court dockets required by
  216  this chapter as necessary to audit compensation of court
  217  appointed attorneys. If the docket is insufficient for purposes
  218  of the audit, the commission may petition the court for
  219  additional documentation as necessary and appropriate. The court
  220  may permit authorized representatives of recognized
  221  organizations compiling statistics for proper purposes to
  222  inspect and make abstracts from official records, under whatever
  223  conditions upon their use and disposition the court may deem
  224  proper, and may punish by contempt proceedings any violation of
  225  those conditions.
  226         (4)(a)1. All information obtained pursuant to this part in
  227  the discharge of official duty by any judge, employee of the
  228  court, authorized agent of the department, correctional
  229  probation officer, or law enforcement agent is confidential and
  230  exempt from s. 119.07(1) and may not be disclosed to anyone
  231  other than the authorized personnel of the court, the department
  232  and its designees, correctional probation officers, law
  233  enforcement agents, the guardian ad litem, criminal conflict and
  234  civil regional counsels, and others entitled under this chapter
  235  to receive that information, except upon order of the court.
  236         2.a. The following information held by a guardian ad litem
  237  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  238  I of the State Constitution:
  239         (I) Medical, mental health, substance abuse, child care,
  240  education, law enforcement, court, social services, and
  241  financial records.
  242         (II) Any other information maintained by a guardian ad
  243  litem which is identified as confidential information under this
  244  chapter.
  245         b. Such confidential and exempt information may not be
  246  disclosed to anyone other than the authorized personnel of the
  247  court, the department and its designees, correctional probation
  248  officers, law enforcement agents, guardians ad litem, and others
  249  entitled under this chapter to receive that information, except
  250  upon order of the court.
  251         Section 6. Paragraph (a) of subsection (2) of section
  252  92.153, Florida Statutes, is amended to read:
  253         92.153 Production of documents by witnesses; reimbursement
  254  of costs.—
  255         (2) REIMBURSEMENT OF A DISINTERESTED WITNESS.—
  256         (a) In any proceeding, a disinterested witness shall be
  257  paid for any costs the witness reasonably incurs either directly
  258  or indirectly in producing, searching for, reproducing, or
  259  transporting documents pursuant to a summons; however, the cost
  260  of documents produced pursuant to a subpoena or records request
  261  by a state attorney, a or public defender, or a criminal
  262  conflict and civil regional counsel may not exceed 15 cents per
  263  page and $10 per hour for research or retrieval.
  264         Section 7. Paragraph (b) of subsection (1) of section
  265  112.19, Florida Statutes, is amended to read:
  266         112.19 Law enforcement, correctional, and correctional
  267  probation officers; death benefits.—
  268         (1) As used in this section, the term:
  269         (b) “Law enforcement, correctional, or correctional
  270  probation officer” means any officer as defined in s. 943.10(14)
  271  or employee of the state or any political subdivision of the
  272  state, including any law enforcement officer, correctional
  273  officer, correctional probation officer, state attorney
  274  investigator, or public defender investigator, or criminal
  275  conflict and civil regional counsel investigator, whose duties
  276  require such officer or employee to investigate, pursue,
  277  apprehend, arrest, transport, or maintain custody of persons who
  278  are charged with, suspected of committing, or convicted of a
  279  crime; and the term includes any member of a bomb disposal unit
  280  whose primary responsibility is the location, handling, and
  281  disposal of explosive devices. The term also includes any full
  282  time officer or employee of the state or any political
  283  subdivision of the state, certified pursuant to chapter 943,
  284  whose duties require such officer to serve process or to attend
  285  a session of a circuit or county court as bailiff.
  286         Section 8. Subsection (1) of section 320.025, Florida
  287  Statutes, is amended to read:
  288         320.025 Registration certificate and license plate or decal
  289  issued under fictitious name; application.—
  290         (1) A confidential registration certificate and
  291  registration license plate or decal shall be issued under a
  292  fictitious name only for a motor vehicle or vessel owned or
  293  operated by a law enforcement agency of state, county,
  294  municipal, or federal government;, the Attorney General’s
  295  Medicaid Fraud Control Unit;, or any state public defender’s
  296  office; or any criminal conflict and civil regional counsel
  297  office. The requesting agency shall file a written application
  298  with the department, on forms furnished by the department,
  299  including which includes a statement that the license plate or
  300  decal will be used for certain activities by the Attorney
  301  General’s Medicaid Fraud Control Unit; any or law enforcement or
  302  any state public defender’s office; or a criminal conflict and
  303  civil regional counsel office which requires the activities
  304  requiring concealment of publicly leased or owned motor vehicles
  305  or vessels and a statement of the position classifications of
  306  the individuals who are authorized to use the license plate or
  307  decal. The department may modify its records to reflect the
  308  fictitious identity of the owner or lessee until such time as
  309  the license plate or decal and registration certificate are
  310  surrendered to it.
  311         Section 9. Paragraph (a) of subsection (5) of section
  312  393.12, Florida Statutes, is amended to read:
  313         393.12 Capacity; appointment of guardian advocate.—
  314         (5) COUNSEL.—Within 3 days after a petition has been filed,
  315  the court shall appoint an attorney to represent a person with a
  316  developmental disability who is the subject of a petition to
  317  appoint a guardian advocate. The person with a developmental
  318  disability may substitute his or her own attorney for the
  319  attorney appointed by the court.
  320         (a) The court shall initially appoint a private attorney
  321  who shall be selected from the attorney registry compiled
  322  pursuant to s. 27.40. Such attorney must have completed a
  323  minimum of 8 hours of education in guardianship. The court may
  324  waive this requirement for an attorney who has served as a
  325  court-appointed attorney in guardian advocate proceedings or as
  326  an attorney of record for guardian advocates for at least 3
  327  years. This education requirement does not apply to a court
  328  appointed attorney who is employed by an office of criminal
  329  conflict and civil regional counsel.
  330         Section 10. Subsection (3) of section 394.916, Florida
  331  Statutes, is amended to read:
  332         394.916 Trial; counsel and experts; indigent persons;
  333  jury.—
  334         (3) At all adversarial proceedings under this act, the
  335  person subject to this act is entitled to the assistance of
  336  counsel, and, if the person is indigent, the court must shall
  337  appoint the public defender or, if a conflict exists, the court
  338  must appoint a criminal conflict and civil regional counsel or
  339  other counsel to assist the person.
  340         Section 11. Paragraph (d) of subsection (2) of section
  341  744.331, Florida Statutes, is amended to read:
  342         744.331 Procedures to determine incapacity.—
  343         (2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
  344         (d) An attorney seeking to be appointed by a court for
  345  incapacity and guardianship proceedings must have completed a
  346  minimum of 8 hours of education in guardianship. A court may
  347  waive the initial training requirement for an attorney who has
  348  served as a court-appointed attorney in incapacity proceedings
  349  or as an attorney of record for guardians for not less than 3
  350  years. This training requirement does not apply to a court
  351  appointed attorney employed by an office of criminal conflict
  352  and civil regional counsel.
  353         Section 12. Paragraph (e) of subsection (3) and subsection
  354  (7) of section 943.053, Florida Statutes, are amended to read:
  355         943.053 Dissemination of criminal justice information;
  356  fees.—
  357         (3)
  358         (e) The fee per record for criminal history information
  359  provided pursuant to this subsection and s. 943.0542 is $24 per
  360  name submitted, except that the fee for the guardian ad litem
  361  program and vendors of the Department of Children and Families,
  362  the Department of Juvenile Justice, the Agency for Persons with
  363  Disabilities, and the Department of Elderly Affairs is shall be
  364  $8 for each name submitted; the fee for a state criminal history
  365  provided for application processing as required by law to be
  366  performed by the Department of Agriculture and Consumer Services
  367  is shall be $15 for each name submitted; and the fee for
  368  requests under s. 943.0542, which implements the National Child
  369  Protection Act, is shall be $18 for each volunteer name
  370  submitted. An office The state offices of the public defender or
  371  an office of criminal conflict and civil regional counsel may
  372  shall not be assessed a fee for Florida criminal history
  373  information or wanted person information.
  374         (7) Notwithstanding any other provision of law, the
  375  department shall provide to each office of the public defender
  376  and each office of criminal conflict and civil regional counsel
  377  online access to criminal records of this state which are not
  378  exempt from disclosure under chapter 119 or confidential under
  379  law. Such access shall be used solely in support of the duties
  380  of a public defender as provided in s. 27.51, a criminal
  381  conflict and civil regional counsel as provided in s. 27.511, or
  382  of any attorney specially assigned as authorized in s. 27.53 in
  383  the representation of any person who is determined indigent as
  384  provided in s. 27.52. The costs of establishing and maintaining
  385  such online access must shall be borne by the office to which
  386  the access has been provided.
  387         Section 13. Paragraph (d) of subsection (2) of section
  388  945.10, Florida Statutes, is amended to read:
  389         945.10 Confidential information.—
  390         (2) The records and information specified in paragraphs
  391  (1)(a)-(i) may be released as follows unless expressly
  392  prohibited by federal law:
  393         (d) Information specified in paragraph (1)(b) to a public
  394  defender or a criminal conflict and civil regional counsel
  395  representing a defendant, except those portions of the records
  396  containing a victim’s statement or address, or the statement or
  397  address of a relative of the victim. A request for records or
  398  information pursuant to this paragraph need not be in writing.
  399  
  400  Records and information released under this subsection remain
  401  confidential and exempt from the provisions of s. 119.07(1) and
  402  s. 24(a), Art. I of the State Constitution when held by the
  403  receiving person or entity.
  404         Section 14. Subsection (3) of section 945.48, Florida
  405  Statutes, is amended to read:
  406         945.48 Rights of inmates provided mental health treatment;
  407  procedure for involuntary treatment.—
  408         (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF INMATES.
  409  Involuntary mental health treatment of an inmate who refuses
  410  treatment that is deemed to be necessary for the appropriate
  411  care of the inmate and the safety of the inmate or others may be
  412  provided at a mental health treatment facility. The warden of
  413  the institution containing the mental health treatment facility
  414  shall petition the circuit court serving the county in which the
  415  mental health treatment facility is located for an order
  416  authorizing the treatment of the inmate. The inmate shall be
  417  provided with a copy of the petition along with the proposed
  418  treatment; the basis for the proposed treatment; the names of
  419  the examining experts; and the date, time, and location of the
  420  hearing. The inmate may have an attorney represent him or her at
  421  the hearing, and, if the inmate is indigent, the court must
  422  shall appoint the office of the public defender to represent the
  423  inmate at the hearing. If the office of the public defender
  424  withdraws from the appointment due to a conflict, the court must
  425  appoint a criminal conflict and civil regional counsel or
  426  private counsel pursuant to s. 27.40(1) to represent the inmate
  427  at the hearing. An attorney representing the inmate shall have
  428  access to the inmate and any records, including medical or
  429  mental health records, which are relevant to the representation
  430  of the inmate.
  431         Section 15. Subsection (2) of section 985.045, Florida
  432  Statutes, is amended to read:
  433         985.045 Court records.—
  434         (2) The clerk shall keep all official records required by
  435  this section separate from other records of the circuit court,
  436  except those records pertaining to motor vehicle violations,
  437  which shall be forwarded to the Department of Highway Safety and
  438  Motor Vehicles. Except as provided in ss. 943.053 and
  439  985.04(6)(b) and (7), official records required by this chapter
  440  are not open to inspection by the public, but may be inspected
  441  only upon order of the court by persons deemed by the court to
  442  have a proper interest therein, except that a child and the
  443  parents, guardians, or legal custodians of the child and their
  444  attorneys, law enforcement agencies, the Department of Juvenile
  445  Justice and its designees, the Florida Commission on Offender
  446  Review, the Department of Corrections, and the Justice
  447  Administrative Commission shall always have the right to inspect
  448  and copy any official record pertaining to the child. Offices of
  449  the public defender and criminal conflict and civil regional
  450  counsel offices shall have access to official records of
  451  juveniles on whose behalf they are expected to appear in
  452  detention or other hearings before an appointment of
  453  representation. The court may permit authorized representatives
  454  of recognized organizations compiling statistics for proper
  455  purposes to inspect, and make abstracts from, official records
  456  under whatever conditions upon the use and disposition of such
  457  records the court may deem proper and may punish by contempt
  458  proceedings any violation of those conditions.
  459         Section 16. This act shall take effect July 1, 2022.