Florida Statute 27.702 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 27.702

Annotations, Discussions, Cases:

Cases Citing Statute 27.702

Total Results: 32

Downs v. McNeil

520 F.3d 1311, 2008 U.S. App. LEXIS 6090, 2008 WL 756348

Court of Appeals for the Eleventh Circuit | Filed: Mar 24, 2008 | Docket: 26437

Cited 101 times | Published

several independent regional offices, see Fla. Stat. § 27.702(1); Downs' attorneys worked in the Northern Office

Daniel Lugo v. Secretary, Florida Department of Corrections

750 F.3d 1198, 2014 WL 1623735, 2014 U.S. App. LEXIS 7704

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 290679

Cited 81 times | Published

proceedings in state and federal court. See Fla. Stat. § 27.702(l)-(2). On July 1, 2003, however, CCRC-Northern

Durocher v. Singletary

623 So. 2d 482, 1993 WL 314984

Supreme Court of Florida | Filed: Aug 12, 1993 | Docket: 2449169

Cited 42 times | Published

§ 27.7001, Fla. Stat. (1991). To that end, section 27.702, Florida Statutes (1991), sets out the duty

Diaz v. State

945 So. 2d 1136, 2006 WL 3530471

Supreme Court of Florida | Filed: Dec 8, 2006 | Docket: 2451610

Cited 38 times | Published

all writs authority, in which he claims that section 27.702, Florida Statute (2006), is unconstitutional

State Ex Rel. Butterworth v. Kenny

714 So. 2d 404, 1998 WL 190412

Supreme Court of Florida | Filed: Apr 23, 1998 | Docket: 461612

Cited 27 times | Published

interpretation of the authority granted to CCRC under section 27.702, Florida Statutes (1997). That chapter directs

Ventura v. State

2 So. 3d 194, 34 Fla. L. Weekly Supp. 71, 2009 Fla. LEXIS 131, 2009 WL 196379

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 7826

Cited 26 times | Published

currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by

Henyard v. State

992 So. 2d 120, 2008 WL 4148992

Supreme Court of Florida | Filed: Sep 10, 2008 | Docket: 401215

Cited 21 times | Published

injection violates the Eighth Amendment, (2) section 27.702, Florida Statutes is unconstitutional, (3)

Allen Lee Davis v. Richard L. Dugger, Robert A. Butterworth

829 F.2d 1513

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 1987 | Docket: 977291

Cited 17 times | Published

the United States Supreme Court. Fla.Stat.Ann. § 27.702 (West Supp.1987) (emphasis added). CCR is thus

Darling v. State

45 So. 3d 444, 35 Fla. L. Weekly Supp. 389, 2010 Fla. LEXIS 1050, 2010 WL 2606029

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2401095

Cited 12 times | Published

currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by

Olive v. Maas

811 So. 2d 644, 2002 WL 220616

Supreme Court of Florida | Filed: Feb 14, 2002 | Docket: 1723577

Cited 12 times | Published

legality of the judgment and sentence imposed." § 27.702(1) (emphasis added). In our view, the statute

Spalding v. Dugger

526 So. 2d 71, 1988 WL 59154

Supreme Court of Florida | Filed: Jun 10, 1988 | Docket: 1679909

Cited 12 times | Published

direct appeal proceedings have terminated. Section 27.702, Florida Statutes (1987), sets forth the duties

Glock v. Dugger

537 So. 2d 99, 1989 WL 3713

Supreme Court of Florida | Filed: Jan 12, 1989 | Docket: 1522628

Cited 10 times | Published

Collateral Representative, in accordance with section 27.702, Florida Statutes (1987), certified Glock's

Reynolds v. State

99 So. 3d 459, 2012 WL 4449126

Supreme Court of Florida | Filed: Sep 27, 2012 | Docket: 60313013

Cited 9 times | Published

those issues for appeal. He also asserted (15) Section 27.702, Florida Statutes (2004), which mandates the

Troy v. State

57 So. 3d 828, 36 Fla. L. Weekly Supp. 11, 2011 Fla. LEXIS 2, 2011 WL 31380

Supreme Court of Florida | Filed: Jan 6, 2011 | Docket: 60299167

Cited 9 times | Published

Florida Statutes (2008), is unconstitutional; (6) section 27.702, Florida Statutes (2008), is unconstitutional;

Mann v. State

937 So. 2d 722, 2006 WL 2520666

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1513100

Cited 6 times | Published

constitutionally or statutorily mandated." In addition, section 27.702(2), Florida Statutes (2005), provides: "The

Medina v. Minerva

907 F. Supp. 379, 1995 WL 739037

District Court, M.D. Florida | Filed: Nov 21, 1995 | Docket: 2100898

Cited 6 times | Published

Representative and a public defender. Pursuant to Fla.Stat. § 27.702, the Capital Collateral Representative and his

Spaziano v. State

660 So. 2d 1363, 1995 WL 528126

Supreme Court of Florida | Filed: Sep 12, 1995 | Docket: 1640121

Cited 6 times | Published

for a Capital Collateral Representative under section 27.702, Florida Statutes (1993), to ensure that death

Deen v. Wilson

1 So. 3d 1179, 2009 Fla. App. LEXIS 2229, 2009 WL 211089

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1175675

Cited 5 times | Published

imposed against persons in capital cases. See § 27.702, Fla. Stat. (2008). The enabling statute in this

State v. Kilgore

976 So. 2d 1066, 2007 WL 4142744

Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1274876

Cited 5 times | Published

DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702, AUTHORIZED TO BRING PROCEEDINGS TO ATTACK

Thomas v. McDonough

452 F. Supp. 2d 1203, 2006 U.S. Dist. LEXIS 68770, 2006 WL 2729646

District Court, M.D. Florida | Filed: Sep 25, 2006 | Docket: 2269348

Cited 5 times | Published

death in postconviction collateral proceedings. § 27.702(1), Fla. Stat.; § 27.710(1), Fla. Stat. Of course

Wheeler v. State

807 So. 2d 94, 2002 WL 46799

District Court of Appeal of Florida | Filed: Jan 15, 2002 | Docket: 1505385

Cited 4 times | Published

defendants who have been sentenced to death. See § 27.702, Fla.Stat. (2001); Elam v. State, 689 So.2d 1232

Orange County v. Williams

702 So. 2d 1245, 22 Fla. L. Weekly Supp. 757, 1997 Fla. LEXIS 1367, 1997 WL 561276

Supreme Court of Florida | Filed: Sep 11, 1997 | Docket: 1513334

Cited 2 times | Published

against such person[s]" in state and federal courts. § 27.702, Fla. Stat. (1995 & Supp.1996). Under either the

Orange County v. Williams

702 So. 2d 1245, 22 Fla. L. Weekly Supp. 757, 1997 Fla. LEXIS 1367, 1997 WL 561276

Supreme Court of Florida | Filed: Sep 11, 1997 | Docket: 1513334

Cited 2 times | Published

against such person[s]" in state and federal courts. § 27.702, Fla. Stat. (1995 & Supp.1996). Under either the

Hamblen v. Dugger

719 F. Supp. 1051, 1989 U.S. Dist. LEXIS 9657, 1989 WL 92186

District Court, M.D. Florida | Filed: Jul 10, 1989 | Docket: 413285

Cited 2 times | Published

attorney to act on his behalf. [9] See Fla. Stat. § 27.702 (1987). The Court distinguishes this holding from

Cox v. State

5 So. 3d 659, 34 Fla. L. Weekly Supp. 269, 2009 Fla. LEXIS 391, 2009 WL 617793

Supreme Court of Florida | Filed: Mar 12, 2009 | Docket: 1663270

Cited 1 times | Published

Florida Statutes (2008). In relevant part, section 27.702(1), Florida Statutes (2008), provides that

Kilgore v. State

933 So. 2d 1192, 2006 WL 1689289

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1712277

Cited 1 times | Published

DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702, AUTHORIZED TO BRING PROCEEDINGS TO ATTACK

Darryl Brian Barwick v. State of Florida

Supreme Court of Florida | Filed: Apr 28, 2023 | Docket: 67288392

Published

attacks on their convictions and sentences. See § 27.702(1), Fla. Stat. (2022) (“The capital collateral

Darryl Brian Barwick v. State of Florida

Supreme Court of Florida | Filed: Apr 28, 2023 | Docket: 67288392

Published

attacks on their convictions and sentences. See § 27.702(1), Fla. Stat. (2022) (“The capital collateral

Daniel Lugo v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 244557

Published

proceedings in state and federal court. See Fla. Stat. § 27.702(1)–(2). On July 1, 2003, however, CCRC-Northern

Florida Department of Financial Services v. Capital Collateral Regional Counsel-Middle Region

969 So. 2d 527, 2007 Fla. App. LEXIS 18685, 2007 WL 4145459

District Court of Appeal of Florida | Filed: Nov 26, 2007 | Docket: 64853147

Published

representation for persons sentenced to death. See § 27.702(1), Fla. Stat. (2006). In March of 2005, OFI initiated

Ago

Florida Attorney General Reports | Filed: Apr 25, 2006 | Docket: 3255925

Published

Rowe, 814 So. 2d 396, 399 (Fla. 2002). 18 Section 27.702(1), Fla. Stat. 19 Section 20.02(1), Fla. Stat

Ago

Florida Attorney General Reports | Filed: Jun 8, 1988 | Docket: 3258043

Published

Executive Order No. 88-71. 2 Section 27.701, F.S. 3 Section 27.702, F.S. 4 See, s. 119.01(1), F.S. 5 See, s. 119