Florida Statute 27.7002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.7002

27.7002 Limitation on collateral representation; lawyer disqualification; use of state funds for excess fees not authorized.—

(1) This chapter does not create any right on behalf of any person, provided counsel pursuant to any provision of this chapter, to challenge in any form or manner the adequacy of the collateral representation provided.

(2) With respect to counsel appointed to represent defendants in collateral proceedings pursuant to ss. 27.710 and 27.711, the sole method of assuring adequacy of representation provided shall be in accordance with the provisions of s. 27.711(12).

(3) No provision of this chapter shall be construed to generate any right on behalf of any attorney appointed pursuant to s. 27.710, or seeking appointment pursuant to s. 27.710, to be compensated above the amounts provided in s. 27.711.

(4) No attorney may be appointed, at state expense, to represent any defendant in collateral legal proceedings except as expressly authorized in this chapter.

(5) The use of state funds for compensation of counsel appointed pursuant to s. 27.710 above the amounts set forth in s. 27.711 is not authorized.

(6) The executive director of the Justice Administrative Commission is authorized to permanently remove from the registry of attorneys provided in ss. 27.710 and 27.711 any attorney who seeks compensation for services above the amounts provided in s. 27.711.

(7) Any attorney who notifies any court, judge, state attorney, the Attorney General, or the executive director of the Justice Administrative Commission, that he or she cannot provide adequate or proper representation under the terms and conditions set forth in s. 27.711 shall be permanently disqualified from any attorney registry created under this chapter unless good cause arises after a change in circumstances.

History.—s. 2, ch. 2002-31; s. 2, ch. 2011-131.

F.S. 27.7002 on Google Scholar

F.S. 27.7002 on Casetext

Amendments to 27.7002

Arrestable Offenses / Crimes under Fla. Stat. 27.7002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.7002.

Annotations, Discussions, Cases:

Cases Citing Statute 27.7002

Total Results: 7

Darryl Brian Barwick v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-04-28

Snippet: counsel.” § 27.711(10), Fla. Stat. (2022). Section 27.7002(1) states -9-

Darryl Brian Barwick v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-04-28

Snippet: counsel.” § 27.711(10), Fla. Stat. (2022). Section 27.7002(1) states -9-

Public Defender, Eleventh Judicial Circuit of Florida v. State

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 261, 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038

Snippet: decision in Olive I, the Legislature added section 27.7002 to the Florida statutes, providing that compensation

Melton v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-10

Citation: 56 So. 3d 868, 2011 Fla. App. LEXIS 3211, 2011 WL 831135

Snippet: ” Id. at 1070. When read together with section 27.7002(4), however, section 27.711(11) merely prohibits

Maas v. Olive

Court: Supreme Court of Florida | Date Filed: 2008-09-25

Citation: 992 So. 2d 196, 2008 WL 4346431

Snippet: despite the language to the contrary *199 in section 27.7002, Florida Statutes (2007). FACTUAL AND PROCEDURAL

State v. Kilgore

Court: Supreme Court of Florida | Date Filed: 2007-11-21

Citation: 976 So. 2d 1066, 2007 WL 4142744

Snippet: CCRC to take such action. In particular, section 27.7002(4) provides that no attorney may be appointed at

Olive v. Maas

Court: District Court of Appeal of Florida | Date Filed: 2005-09-02

Citation: 911 So. 2d 837, 2005 Fla. App. LEXIS 13869, 2005 WL 2105911

Snippet: Act at issue in Olive I, centers around section 27.7002, Florida Statutes, which was not a part of the