FloridaLaw lets courts appoint regional counsel in death penalty cases
When appointed counsel cannot continue in an indigent death penalty case, a court may appoint conflict-free counsel from another region if that office agrees.
What it does
If an appointed office cannot continue in an indigent death penalty case, a court may appoint conflict-free counsel from another region if that office agrees. If no regional office can serve, the judge must appoint private counsel.
When another regional office accepts a case, the Justice Administrative Commission must pay related costs and services from designated funds if lawmakers provide the money. Counsel must certify the costs and submit expense records.
Argument forA defendant whose appointed office cannot continue may still get regional counsel if another conflict-free office agrees to take the case.
Argument againstA regional office could face unpaid case expenses if lawmakers do not provide funds or counsel cannot certify and document them.
More detail
A court may appoint regional counsel from another region to represent the defendant. This applies when an office already represents an indigent defendant in a case where the state has filed notice that it will seek the death penalty, and that office finds a conflict or can no longer represent the defendant. The other office must have no conflict of interest, and its regional counsel must agree to accept the appointment. If no regional office can be appointed under these rules, the judge must appoint private counsel. This law took effect July 1, 2026.
The Justice Administrative Commission must pay covered costs and services from designated funds. This applies when another regional counsel office accepts an appointment under the death penalty case provisions. Payment depends on legislative appropriation. To receive payment or reimbursement, regional counsel or a designee must certify that the costs and services relate to the case and submit expense records. This law took effect July 1, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 17Chapter No. 2026-154Latest
- Jun 16Approved by Governor Ron DeSantisBecame Law
- Jun 9Signed by Officers and presented to GovernorTo Governor
- Mar 9Ordered enrolledMinor
- Vote recorded Third Reading. Result: pass.Upper
- Mar 9In Messages
- Mar 9CS passed; YEAS 36 NAYS 1Passed Senate
- Mar 9Read 3rd timeMinor
- Mar 9Read 2nd timeMinor
- Mar 9Substituted for CS/CS/SB 762
- Mar 9Placed on Calendar, on 2nd reading
- Mar 9Withdrawn from RulesMajor
- Feb 26ReceivedMinor
- Feb 26Referred to RulesMinor
- Feb 25In Messages
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Feb 25CS passed; YEAS 114, NAYS 0Passed House
- Feb 25Read 3rd timeMinor
- Feb 25Added to Third Reading Calendar
- Feb 25Read 2nd timeMinor
- Feb 19Bill added to Special Order Calendar (2/25/2026)
- Feb 11Added to Second Reading Calendar
- Feb 11Bill referred to House Calendar
- Feb 101st Reading (Committee Substitute 2)Minor
- Vote recorded Favorable With Committee Substitute (Judiciary Committee). Result: pass.Lower
- Feb 10CS FiledMinor
- Feb 10Laid on Table under Rule 7.18(a)Minor
- Feb 10Reported out of Judiciary Committee
- Feb 10Favorable with CS by Judiciary CommitteeMinor
- Feb 6Added to Judiciary Committee agenda
- Jan 28Now in Judiciary Committee
- Jan 28Reported out of Budget Committee
- Jan 27Favorable by Budget CommitteeMinor
- Vote recorded Favorable (Budget Committee). Result: pass.Lower
- Jan 23Added to Budget Committee agenda
- Jan 16Now in Budget Committee
- Jan 16Referred to Judiciary CommitteeMinor
- Jan 16Referred to Budget CommitteeMinor
- Jan 151st Reading (Committee Substitute 1)Minor
- Jan 14CS FiledMinor
- Vote recorded Favorable With Committee Substitute (Criminal Justice Subcommittee). Result: pass.Lower
- Jan 14Laid on Table under Rule 7.18(a)Minor
- Jan 14Reported out of Criminal Justice Subcommittee
- Jan 14Favorable with CS by Criminal Justice SubcommitteeMinor
- Jan 131st Reading (Original Filed Version)Minor
- Jan 12Added to Criminal Justice Subcommittee agenda
- 2025
- Oct 21Now in Criminal Justice Subcommittee
- Oct 21Referred to Judiciary CommitteeMinor
- Oct 21Referred to Budget CommitteeMinor
- Oct 21Referred to Criminal Justice SubcommitteeMinor
- Oct 15FiledIntroduced
Criminal Justice