Florida Statutes
Fla. Stat. § 27.702 (2025)
Duties of the capital collateral regional counsel; reports.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
27.702 Duties of the capital collateral regional counsel; reports.—
(1) The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person in the state courts, federal courts in this state, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. The three capital collateral regional counsel’s offices shall function independently and be separate budget entities, and the regional counsel shall be the office heads for all purposes. The Justice Administrative Commission shall provide administrative support and service to the three offices to the extent requested by the regional counsel. The three regional offices shall not be subject to control, supervision, or direction by the Justice Administrative Commission in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.
(2) The capital collateral regional counsel shall represent persons convicted and sentenced to death within the region in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear as counsel of record.
(3)(a) The capital collateral regional counsel shall file motions seeking compensation for representation and reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when providing representation to indigent persons in the federal courts, and shall deposit all such payments received into the Capital Collateral Regional Counsel Trust Fund.
(b) The court having jurisdiction over any nonindigent or indigent-but-able-to-contribute defendant who has been receiving the services of the capital collateral regional counsel may assess attorney’s fees and costs against the defendant at any stage in the proceedings as the court may deem appropriate. The determination of indigence of any defendant shall be made pursuant to s. 27.52. Liability for the costs of such representation may be imposed in the form of a lien against the property of the nonindigent or indigent-but-able-to-contribute defendant, which lien shall be enforceable as provided in s. 27.561 or s. 938.29.
(4)(a) The capital collateral regional counsel or private counsel shall give written notification of each pleading filed by that office and the name of the person filing the pleading to the trial court assigned to the case.
(b) Each capital collateral regional counsel shall provide a quarterly report to the President of the Senate and the Speaker of the House of Representatives which details the number of hours worked by investigators and legal counsel per case and the amounts per case expended during the preceding quarter in investigating and litigating capital collateral cases.
History.—s. 3, ch. 85-332; s. 3, ch. 92-300; s. 146, ch. 95-147; s. 2, ch. 96-290; s. 2, ch. 97-313; s. 2, ch. 98-197; s. 2, ch. 98-198; s. 12, ch. 99-2; s. 1, ch. 99-221; s. 2, ch. 2000-3; ss. 89, 90, ch. 2003-399; s. 24, ch. 2003-402; s. 4, ch. 2004-240; s. 2, ch. 2004-251; ss. 68, 69, 76, ch. 2004-269; s. 2, ch. 2009-62; s. 3, ch. 2011-131; s. 4, ch. 2013-216.
Notes of Decisions
Cited in 33
cases (3 in the last 5 years), 1988–2025 · leading case: Darling v. State, 45 So. 3d 444 (Fla. 2010).
Darling v. State, 45 So. 3d 444 (Fla. 2010). “" In this motion, Darling (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC…”
Henyard v. State, 992 So. 2d 120 (Fla. 2008). “10, Florida Statutes is unconstitutional, (4) Florida's death penalty scheme is unreliable and violates the Eighth Amendment based on a September 17, 2006, report of the American Bar Association.”
Troy v. State, 57 So. 3d 828 (Fla. 2011). “He contends that (1) trial counsel was ineffective for failing to prepare a penalty phase mitigation witness; (2) trial counsel was ineffective for failing to investigate, question and remove a juror from the jury panel; (3) trial counsel was ineffective for failing to properly…”
State v. Kilgore, 976 So. 2d 1066 (Fla. 2007). “The Second District observed that section 27.702, Florida Statutes, is not clear on the extent of CCRC's representation "under the unique circumstances of this case," id.”
Diaz v. State, 945 So. 2d 1136 (Fla. 2006). “ALL WRITS PETITION Diaz has also filed a petition under the Court's constitutional all writs authority, in which he claims that section 27.702, Florida Statute (2006), is unconstitutional both facially and as applied in his case.”
Ventura v. State, 2 So. 3d 194 (Fla. 2009). “" In this motion, Ventura: (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC…”
Downs v. McNeil, 520 F.3d 1311 (11th Cir. 2008). “CCRC operates from several independent regional offices, see Fla. Stat. § 27.702 (1); Downs’ attorneys worked in the Northern Office (CCRC-N).”
Murray v. Giarratano, 492 U.S. 1 (1989). “§ 51-296 (a) (1989); Fla. Stat. § 27.702 (1987); Idaho Code § 19-4904 (1987); Ind.”
Daniel Lugo v. Sec'y, Florida Dep't of Corr., 750 F.3d 1198 (11th Cir. 2014). “See Fla. Stat. § 27.702 (1)–(2). On July 1, 2003, however, CCRC-Northern was closed by the Florida legislature as part of a pilot program, and its responsibilities were transferred to a panel of registry attorneys, compiled and maintained by the Florida Commission on Capital…”
Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996). “Fla.Stat. § 27.702 (capital collateral representative “shall represent each person convicted and sentenced to death in this state in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear”) (emphasis added); Fla.”
State Ex Rel. Butterworth v. Kenny, 714 So. 2d 404 (Fla. 1998). “[2] Critical to the issue before us is the construction and interpretation of the authority granted to CCRC under section 27.702, Florida Statutes (1997). That chapter directs CCRC to represent each person convicted and sentenced to death in this state for the sole purpose of…”
Reynolds v. State, 99 So. 3d 459 (Fla. 2012). “He also asserted (15) Section 27.702, Florida Statutes (2004), which mandates the duties of capital collateral regional counsel, is unconstitutional; (16) Florida Rule of Criminal Procedure 3.”
— 27.702(1) — 14 cases
Darling v. State, 45 So. 3d 444 (Fla. 2010). “" In this motion, Darling (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC…”
State v. Kilgore, 976 So. 2d 1066 (Fla. 2007). “The Second District observed that section 27.702, Florida Statutes, is not clear on the extent of CCRC's representation "under the unique circumstances of this case," id.”
State Ex Rel. Butterworth v. Kenny, 714 So. 2d 404 (Fla. 1998). “[2] Critical to the issue before us is the construction and interpretation of the authority granted to CCRC under section 27.702, Florida Statutes (1997). That chapter directs CCRC to represent each person convicted and sentenced to death in this state for the sole purpose of…”
Thomas v. McDonough, 452 F. Supp. 2d 1203 (M.D. Fla. 2006).
Diaz v. State, 945 So. 2d 1136 (Fla. 2006). “ALL WRITS PETITION Diaz has also filed a petition under the Court's constitutional all writs authority, in which he claims that section 27.702, Florida Statute (2006), is unconstitutional both facially and as applied in his case.”
— 27.702(2) — 4 cases
State v. Kilgore, 976 So. 2d 1066 (Fla. 2007). “The Second District observed that section 27.702, Florida Statutes, is not clear on the extent of CCRC's representation "under the unique circumstances of this case," id.”
Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996). “Fla.Stat. § 27.702 (capital collateral representative “shall represent each person convicted and sentenced to death in this state in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear”) (emphasis added); Fla.”
Mann v. State, 937 So. 2d 722 (Fla. 3d DCA 2006).
Orange Cnty. v. Williams, 702 So. 2d 1245 (Fla. 1997).
— 27.702(3)(a) — 1 case
Darling v. State, 45 So. 3d 444 (Fla. 2010). “" In this motion, Darling (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC…”
— 27.702(l) — 1 case
Darling v. State, 45 So. 3d 444 (Fla. 2010). “" In this motion, Darling (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.