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Florida Statute 27.702 | Lawyer Caselaw & Research
F.S. 27.702 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
F.S. 27.702
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.

F.S. 27.702 on Google Scholar

F.S. 27.702 on Casetext

Amendments to 27.702


Arrestable Offenses / Crimes under Fla. Stat. 27.702
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.702.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LUGO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 750 F.3d 1198 (11th Cir. 2014)

. . . . § 27.702(l)-(2). . . .

REYNOLDS, v. STATE v. S., 99 So. 3d 459 (Fla. 2012)

. . . He also asserted (15) Section 27.702, Florida Statutes (2004), which mandates the duties of capital collateral . . .

TROY, v. STATE, 57 So. 3d 828 (Fla. 2011)

. . . are unconstitutional; (5) section 945.10, Florida Statutes (2008), is unconstitutional; (6) section 27.702 . . . Section 27.702 Troy next asserts that section 27.702, Florida Statutes, as interpreted by this Court, . . . We have previously interpreted sections 27.7001 and 27.702, Florida Statutes (2008), to prohibit CCRC . . . Here, with the exception of Troy’s challenge to section 27.702, Florida Statutes, the alleged errors . . .

DARLING a k a v. STATE a k a v. A., 45 So. 3d 444 (Fla. 2010)

. . . 714 So.2d 404 (Fla.1998) — precedent which is solidly grounded in the text of sections 27.7001 and 27.702 . . . Section 27.702(1) provides that CCRC representation is “for the sole purpose of instituting and prosecuting . . . This conclusion rests on the express provision of section 27.702(1) authorizing CCRC to participate in . . . was quite beside the point on the issue actually raised in Diaz — the constitutionality of section 27.702 . . . But here the interpretation of sections 27.702(1) and 27.7001 adopted by the majority is at odds with . . . constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702 . . . a petition to invoke our all writs jurisdiction, challenging this Court’s interpretation of section 27.702 . . . Section 27.702, Florida Statutes provides: (1) The capital collateral regional counsel shall represent . . . This principle is illustrated in section 27.702(3)(a), Florida Statutes: (3)(a) The capital collateral . . . State, 5 So.3d 659 (Fla.2009): In relevant part, section 27.702(1), Florida Statutes (2008), provides . . .

COX, v. STATE, 5 So. 3d 659 (Fla. 2009)

. . . However, I must part ways with my brethren with regard to their interpretation of sections 27.7001 and 27.702 . . . In relevant part, section 27.702(1), Florida Statutes (2008), provides that CCRC and registry counsel . . . In that decision, we held that sections 27.7001 and 27.702, Florida Statutes (1997), prohibit CCRC from . . . constitutionality of lethal injection as currently administered in Florida; (2) asserts that sections 27.7001 and 27.702 . . .

DEEN, v. WILSON, R., 1 So. 3d 1179 (Fla. Dist. Ct. App. 2009)

. . . See § 27.702, Fla. Stat. (2008). . . .

VENTURA, v. STATE, 2 So. 3d 194 (Fla. 2009)

. . . constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702 . . . This Court has already addressed and rejected similar claims with regard to sections 27.702 and 945.10 . . .

HENYARD, v. STATE v. v. A., 992 So. 2d 120 (Fla. 2008)

. . . discovered evidence proves Florida’s method of lethal injection violates the Eighth Amendment, (2) section 27.702 . . . We next address Henyard’s claim that section 27.702, Florida Statutes, is unconstitutional as construed . . . Section 27.702, Florida Statutes Henyard next argues that section 27.702, Florida Statutes, as interpreted . . . the condemned prisoner filed a petition under the Court’s all writs authority claiming that section 27.702 . . . May 28, 2008), requires a rereading of section 27.702 to allow CCRC to file federal petitions under section . . .

C. DOWNS, v. A. McNEIL,, 520 F.3d 1311 (11th Cir. 2008)

. . . . § 27.702(1); Downs’ attorneys worked in the Northern Office (CCRC-N). . . . Stat. § 27.702(1). . . .

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, v. CAPITAL COLLATERAL REGIONAL COUNSEL- MIDDLE REGION W., 969 So. 2d 527 (Fla. Dist. Ct. App. 2007)

. . . See § 27.702(1), Fla. Stat. (2006). . . .

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

. . . APPOINTED TO PROVIDE COLLATERAL REPRESENTATION TO DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702 . . . The Second District observed that section 27.702, Florida Statutes, is not clear on the extent of CCRC . . . For instance, section 27.702(1), Florida Statutes, provides in pertinent part: The capital collateral . . . the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. § 27.702 . . . Similarly, section 27.702(2) requires CCRC to represent persons convicted and sentenced to death within . . .

DIAZ, v. STATE v. v., 945 So. 2d 1136 (Fla. 2006)

. . . filed a petition under the Court’s constitutional all writs authority, in which he claims that section 27.702 . . . Section 27.702 specifies the duties of Capital Collateral Regional Counsel in representing individuals . . . Id. § 27.702(1). . . . Accordingly, we find no violation of Diaz’s due process rights and no basis for striking down section 27.702 . . .

THOMAS, v. R. McDONOUGH, v. R., 452 F. Supp. 2d 1203 (M.D. Fla. 2006)

. . . . § 27.702(1), Fla. Stat.; § 27.710(1), Fla. Stat. Of course, here, Ms. . . . See § 27.702(1), Fla. Stat.; § 27.710(1), Fla. Stat. Here, Mr. . . .

MANN, v. STATE, 937 So. 2d 722 (Fla. Dist. Ct. App. 2006)

. . . In addition, section 27.702(2), Florida Statutes (2005), provides: “The capital collateral regional counsel . . . Dugger, 526 So.2d 71, 72 (Fla.1988)(holding that “under section 27.702, each defendant under sentence . . .

KILGORE, v. STATE, 933 So. 2d 1192 (Fla. Dist. Ct. App. 2006)

. . . APPOINTED TO PROVIDE COLLATERAL REPRESENTATION TO DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702 . . . Section 27.702(1), Florida Statutes, provides: The capital collateral regional counsel shall represent . . .

OLIVE, v. MAAS,, 811 So. 2d 644 (Fla. 2002)

. . . .” § 27.702(1) (emphasis added). . . .

E. WHEELER, v. STATE, 807 So. 2d 94 (Fla. Dist. Ct. App. 2002)

. . . See § 27.702, Fla.Stat. (2001); Elam v. State, 689 So.2d 1232 (Fla. 5th DCA 1997). . . .

STATE A. BUTTERWORTH, v. KENNY,, 714 So. 2d 404 (Fla. 1998)

. . . issue before us is the construction and interpretation of the authority granted to CCRC under section 27.702 . . . the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. § 27.702 . . . and prosecuting collateral actions challenging the legality of the judgment and sentence imposed.” § 27.702 . . .

ORANGE COUNTY, v. WILLIAMS,, 702 So. 2d 1245 (Fla. 1997)

. . . . § 27.702, Fla. Stat. (1995 & Supp.l996). . . . person convicted and sentenced to death in this state in collateral postconviction proceedings.” § 27.702 . . .

HILL, v. BUTTERWORTH, K., 170 F.R.D. 509 (N.D. Fla. 1997)

. . . . §§ 27.702-.703 (1996). . . .

HILL, v. BUTTERWORTH, K., 941 F. Supp. 1129 (N.D. Fla. 1996)

. . . . § 27.702 (capital collateral representative “shall represent each person convicted and sentenced to . . . including the United States Court of Appeals for the 11th Circuit and the United States Supreme Court. § 27.702 . . . 21 U.S.C. § 848(q), and to deposit all payments received into the Capital Collateral Trust Fund. § 27.702 . . .

MEDINA, v. MINERVA,, 907 F. Supp. 379 (M.D. Fla. 1995)

. . . . § 27.702, the Capital Collateral Representative and his or her assistants represent persons convicted . . .

SPAZIANO, v. STATE, 660 So. 2d 1363 (Fla. 1995)

. . . Nevertheless, the State of Florida has provided for a Capital Collateral Representative under section 27.702 . . . Section 27.702(1) provides: The capital collateral representative shall represent, without additional . . .

J. MINERVA, J. v. K. SINGLETARY, Jr., 830 F. Supp. 1426 (M.D. Fla. 1993)

. . . Fla Stat. ch. 27.702(1) (1992 Supp.) (emphasis supplied). . . .

DUROCHER, v. K. SINGLETARY,, 623 So. 2d 482 (Fla. 1993)

. . . To that end, section 27.702, Florida Statutes (1991), sets out the duty of CCR to represent indigent . . .

HAMBLEN, v. L. DUGGER,, 719 F. Supp. 1051 (M.D. Fla. 1989)

. . . . § 27.702 (1987). . . .

MURRAY, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, v. GIARRATANO, 492 U.S. 1 (U.S. 1989)

. . . . § 27.702 (1987); Idaho Code § 19-4904 (1987); Ind. . . .

STATE v. E. REMETA,, 547 So. 2d 181 (Fla. Dist. Ct. App. 1989)

. . . See Sections 925.035(4) and 27.702, Florida Statutes (1987). . . .

GLOCK, II, v. L. DUGGER, GLOCK, v. STATE, 537 So. 2d 99 (Fla. 1989)

. . . indigent throughout this cause, and the Capital Collateral Representative, in accordance with section 27.702 . . .

SPALDING, v. L. DUGGER,, 526 So. 2d 71 (Fla. 1988)

. . . Section 27.702, Florida Statutes (1987), sets forth the duties of the capital collateral representative . . . We recognize that, under section 27.702, each defendant under sentence of death is entitled, as a statutory . . .

DAVIS, v. L. DUGGER, A., 829 F.2d 1513 (11th Cir. 1987)

. . . . § 27.702 (West Supp.1987) (emphasis added). . . . See Fla.Stat.Ann. § 27.702 (West Ann.1987) ("representation by the capital collateral representative . . .