HB 177: Expanding Access to Qualified Capital Representation

What Changed

Effective July 1, 2026, CS/CS/HB 177 (Chapter 2026-154) expanded Florida’s options for providing qualified legal representation in death penalty cases.

Under the new law, when a Regional Counsel office has a conflict of interest or lacks the required qualifications, a court may appoint a willing, qualified, and conflict-free Regional Counsel office from another region to represent an indigent defendant.

This legislation creates an additional avenue for experienced capital representation while preserving each Regional Counsel office’s established geographic responsibilities.

When Does the New Appointment Process Apply?

Under HB 177, a court may appoint a Regional Counsel office from another region in a death penalty case when the following conditions are met:

• Conflict or Inability to Represent: The originally appointed Regional Counsel office notifies the court that it has a conflict of interest or lacks the qualifications necessary to provide representation.
• No Conflict of Interest: The proposed Regional Counsel office must be free of any conflict that would prevent representation.
• Willingness to Accept: The Regional Counsel of the proposed office must agree to accept the appointment.

If no eligible Regional Counsel office is available and willing to accept the case, the court must appoint qualified private counsel in accordance with Florida law.

What Remains the Same

HB 177 does not change where a case is heard or transfer jurisdiction to another judicial circuit. It simply allows a qualified Regional Counsel office from another region to provide representation in eligible death penalty cases while the proceedings remain before the original court.

All appointments must be made by the court in accordance with Florida law. Individuals cannot privately retain or select the Second Region Office for representation.

Funding and Accountability

Subject to legislative appropriation, the Justice Administrative Commission (JAC) administers funding for authorized due-process costs associated with cross-region capital case appointments.

The appointed Regional Counsel or designated representative is responsible for certifying that expenditures are directly related to the case and ensuring that all required supporting documentation is submitted in accordance with applicable requirements.

Appointment Coordination and Resources

Courts and judicial administrators seeking to coordinate an eligible capital case appointment may contact the Second Region directly at CapitalCaseInquiry@RC2FL.com.

To protect confidential and privileged information, please do not submit case details, evidence, legal filings, or case strategy through the website’s general contact channels.

Laws of Florida	Chapter 2026-154
Florida Senate	CS/CS/HB 177