The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, v. STATE v., 115 So. 3d 261 (Fla. 2013)

. . . Only weeks after we issued our decision in Olive I, the Legislature added section 27.7002 to the Florida . . .

MELTON, v. STATE, 56 So. 3d 868 (Fla. Dist. Ct. App. 2011)

. . . When read together with section 27.7002(4), however, section 27.711(11) merely prohibits registry counsel . . . represent any defendant in collateral legal proceedings except as expressly authorized in this chapter.” § 27.7002 . . . Reading the prohibition in section 27.711(11) in pari materia with section 27.7002(4), providing that . . . Section 27.7002(4), Florida Statutes (2009) provides that "[n]o attorney may be appointed, at state expense . . .

R. MAAS, v. OLIVE, v. R., 992 So. 2d 196 (Fla. 2008)

. . . Only weeks after we issued Olive I, the Legislature added section 27.7002 to the Registry Act. . . . See id. § 27.7002(6)-(7). . . . Section 27.7002 was added to the Registry Act after our decision in Olive I. . . . Olive I by adding section 27.7002. . . . In its entirety, section 27.7002, Florida Statutes (2007), provides: 27.7002 Limitation on collateral . . . . § 27.7002(5), Fla. Stat. (2002). . . . entered declaring that attorney fees in postconviction capital cases are to be in accord with section 27.7002 . . .

STATE v. KILGORE,, 976 So. 2d 1066 (Fla. 2007)

. . . In particular, section 27.7002(4) provides that no attorney may be appointed at state expense to represent . . . any defendant in collateral legal proceedings, unless as expressly authorized by chapter 27. § 27.7002 . . .

OLIVE, v. R. MAAS,, 911 So. 2d 837 (Fla. Dist. Ct. App. 2005)

. . . This case, while generally involving the same Registry Act at issue in Olive I, centers around section 27.7002 . . . Section 27.7002 provides in pertinent part as follows: (3) No provision of this chapter shall be construed . . . deals with the constitutionality of the Registry Act in light of the sanctions outlined in section 27.7002 . . . with in Olive I, and it is ripe for adjudication in light of the Legislature’s enactment of section 27.7002 . . . Section 27.7002 became a part of the Registry Act on July 1, 2002. . . .