Florida Statute 27.702 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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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.

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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 Citing Statute 27.702

Total Results: 20

Darryl Brian Barwick v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-04-28

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

Darryl Brian Barwick v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-04-28

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

Reynolds v. State

Court: Supreme Court of Florida | Date Filed: 2012-09-27

Citation: 99 So. 3d 459, 2012 WL 4449126

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

Troy v. State

Court: Supreme Court of Florida | Date Filed: 2011-01-06

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

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

Darling v. State

Court: Supreme Court of Florida | Date Filed: 2010-07-01

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

Snippet: and the constitutionality of sections 945.10 and 27.702, Florida Statutes *446 (2007). Darling also requests

Cox v. State

Court: Supreme Court of Florida | Date Filed: 2009-03-12

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

Snippet: sections 27.7001 and 27.702, Florida Statutes (2008). In relevant part, section 27.702(1), Florida Statutes

Deen v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2009-01-30

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

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

Ventura v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-29

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

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

Henyard v. State

Court: Supreme Court of Florida | Date Filed: 2008-09-10

Citation: 992 So. 2d 120, 2008 WL 4148992

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

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

Court: District Court of Appeal of Florida | Date Filed: 2007-11-26

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

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

State v. Kilgore

Court: Supreme Court of Florida | Date Filed: 2007-11-21

Citation: 976 So. 2d 1066, 2007 WL 4142744

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

Diaz v. State

Court: Supreme Court of Florida | Date Filed: 2006-12-08

Citation: 945 So. 2d 1136, 2006 WL 3530471

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

Mann v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 722, 2006 WL 2520666

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

Kilgore v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-06-21

Citation: 933 So. 2d 1192, 2006 WL 1689289

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-04-25

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

Olive v. Maas

Court: Supreme Court of Florida | Date Filed: 2002-02-14

Citation: 811 So. 2d 644, 2002 WL 220616

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

Wheeler v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-15

Citation: 807 So. 2d 94, 2002 WL 46799

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

State Ex Rel. Butterworth v. Kenny

Court: Supreme Court of Florida | Date Filed: 1998-04-23

Citation: 714 So. 2d 404, 1998 WL 190412

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

Orange County v. Williams

Court: Supreme Court of Florida | Date Filed: 1997-09-11

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

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

Spaziano v. State

Court: Supreme Court of Florida | Date Filed: 1995-09-12

Citation: 660 So. 2d 1363, 1995 WL 528126

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