27.701

Capital collateral regional counsel.

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27.701 Capital collateral regional counsel.—There are created three regional offices of capital collateral counsel, which shall be located in a northern, middle, and southern region of the state. The northern region shall consist of the First, Second, Third, Fourth, Eighth, and Fourteenth Judicial Circuits; the middle region shall consist of the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth, and Eighteenth Judicial Circuits; and the southern region shall consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth, Nineteenth, and Twentieth Judicial Circuits. Each regional office shall be administered by a regional counsel. A regional counsel must be, and must have been for the preceding 5 years, a member in good standing of The Florida Bar or a similar organization in another state. Each capital collateral regional counsel shall be appointed by the Governor, and is subject to confirmation by the Senate. The Supreme Court Judicial Nominating Commission shall recommend to the Governor three qualified candidates for each appointment as regional counsel. The Governor shall appoint a regional counsel for each region from among the recommendations, or, if it is in the best interest of the fair administration of justice in capital cases, the Governor may reject the nominations and request submission of three new nominees by the Supreme Court Judicial Nominating Commission. Each capital collateral regional counsel shall be appointed to a term of 3 years. Vacancies in the office of capital collateral regional counsel shall be filled in the same manner as appointments. A person appointed as a regional counsel may not run for or accept appointment to any state office for 2 years following vacation of office.

History.—s. 3, ch. 85-332; s. 145, ch. 95-147; s. 1, ch. 97-313; s. 84, ch. 2003-399; s. 1, ch. 2004-240; ss. 63, 76, ch. 2004-269; s. 3, ch. 2013-216.

Notes of Decisions

Cited in 12 cases, 1996–2014 · leading case: Dane P. Abdool v. Pam Bondi, etc.

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Dane P. Abdool v. Pam Bondi, etc. (2014) fla · cites it 4× “(2013) (“[p]rivate counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section”); § 27.701, Fla. Stat. (2013) (“[t]here are created three regional offices of capital collateral counsel .”

Daniel Lugo v. Secretary, Florida Department of Corrections (2014) ca11 · cites it 2× “html; see also Fla. Stat. § 27.701 . Each CCRC office is responsible for representing persons convicted and sentenced to death by state courts, within their respective regions, in collateral proceedings in state and federal court.”

Hill v. Butterworth (1996) flnd · cites it 5× “§ 27.701, Fla.Stat. CCR is authorized to employ full-time staff attorneys, investigators, and necessary support personnel.”

Downs v. McNeil (2008) ca11 “2002) (citing Fla. Stat. §§ 27.701-708 ). In 1992, CCRC attorneys in Tallahassee, Florida began representing Downs.”

Sanchez-Velasco v. Secretary of the Department of Corrections (2002) ca11 “CCRC is an entity created by the Florida Legislature to provide post-conviction representation to indigent death row inmates in that state, see Fla. Stat. §§ 27.701-27.708 (1990), and Todd Scher is the litigation director of that organization’s South Florida office.”

Deen v. Wilson (2009) fladistctapp · cites it 2× “However, Capital Collateral Regional Counsel is created by an entirely different statute, section 27.701, Florida Statutes *1183 (2008).”

FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006) fla “(codified in § 27.701(2), Laws of Fla. (2005)). The performance review is intended "to determine the effectiveness and efficiency of using attorneys from the registry compared to the capital collateral regional counsels," and "at a minimum, shall include comparisons of the…”

Melton v. State (2011) fladistctapp · cites it 2× “, codified at § 27.701(2), Fla. Stat. (2009), a lawyer in private practice listed on the registry of capital collateral counsel, 1 D.”

Amendments to Crim. Proc. 3.851 and 3.590 (2006) fla · cites it 2× “The Committee proposed the amendment in response to section 27.701(2), Florida Statutes (2005) (providing that "the responsibilities of the regional office of capital collateral counsel for the northern region of the state shall be met through a pilot program using only…”

Cox v. State (2009) fla · cites it 4× “711(1)(c) is also evident from the specific provision the Legislature made in section 27.701(2) for "the responsibilities of the regional office of capital collateral counsel for the northern region" to "be met through a pilot program using only attorneys from the registry of…”

Hill v. Butterworth (1997) ca11 “, Fla. Stat. § 27.701 (establishing three independent Capital Collateral Regional Counsels *786 (CCRCs) instead of one Capital Collateral Representative (CCR)); § 27.”

Daniel Lugo v. Secretary, Florida Department of Corrections (2014) ca11 “html; see also Fla. Stat. § 27.701 . Each CCRC office is responsible for representing persons convicted and sentenced to death by state courts, within their respective regions, in collateral proceedings in state and federal court.”

— 27.701(2) — 4 cases

Melton v. State (2011) fladistctapp “, codified at § 27.701(2), Fla. Stat. (2009), a lawyer in private practice listed on the registry of capital collateral counsel, 1 D.”

Amendments to Crim. Proc. 3.851 and 3.590 (2006) fla “The Committee proposed the amendment in response to section 27.701(2), Florida Statutes (2005) (providing that "the responsibilities of the regional office of capital collateral counsel for the northern region of the state shall be met through a pilot program using only…”

Cox v. State (2009) fla “711(1)(c) is also evident from the specific provision the Legislature made in section 27.701(2) for "the responsibilities of the regional office of capital collateral counsel for the northern region" to "be met through a pilot program using only attorneys from the registry of…”

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