Florida Statute 27.703 | 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. 27.703

27.703 Conflict of interest and substitute counsel.—

(1) The capital collateral regional counsel shall not accept an appointment or take any other action that will create an actual conflict of interest. If, at any time during the representation of a person, the capital collateral regional counsel alleges that the continued representation of that person creates an actual conflict of interest, the sentencing court shall, upon determining that an actual conflict exists, designate another regional counsel. If the replacement regional counsel alleges that an actual conflict of interest exists, the sentencing court shall, upon determining that an actual conflict exists, appoint one or more members of The Florida Bar who meet the requirements of s. 27.704(2) and who are not disqualified pursuant to s. 27.7045 to represent the person. An actual conflict of interest exists when an attorney actively represents conflicting interests. A possible, speculative, or merely hypothetical conflict is insufficient to support an allegation that an actual conflict of interest exists.

(2) Appointed counsel shall be paid from funds appropriated to the Justice Administrative Commission. The hourly rate may not exceed $100. However, all appointments of private counsel under this section shall be in accordance with ss. 27.710 and 27.711.

(3) Capital collateral regional counsel appointed pursuant to this section must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings, and must not be disqualified pursuant to s. 27.7045.

History.—s. 3, ch. 85-332; s. 147, ch. 95-147; s. 3, ch. 96-290; s. 3, ch. 97-313; s. 2, ch. 99-221; s. 13, ch. 2000-3; s. 86, ch. 2003-261; s. 5, ch. 2013-216; s. 3, ch. 2024-153.

F.S. 27.703 on Google Scholar

F.S. 27.703 on Casetext

Amendments to 27.703

Arrestable Offenses / Crimes under Fla. Stat. 27.703

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.703.

Annotations, Discussions, Cases:

Cases Citing Statute 27.703

Total Results: 11

& SC16-481 Harrel Franklin Braddy v. State of Florida and Harrel Franklin Braddy v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2017-06-15T00:00:00-07:00

Citation: 219 So. 3d 803

Snippet: withdraw or the motions to discharge. Section 27.703(1), Florida Statutes (2013), “places the responsibility… that an actual conflict of interest exists. § 27.703(1), Fla. Stat. “An actual conflict of interest

In Re: Amendments to The Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules Of Appellate Procedure—Capital Postconviction Rules

Court: Fla. | Date Filed: 2014-10-02T00:53:00-07:00

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change

In Re: Amendments to the Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules of Appellate Procedure—Capital Postconviction Rules.

Court: Fla. | Date Filed: 2014-07-03T00:53:00-07:00

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change

In re Amendments to the Florida Rules of Judicial Administration

Court: Fla. | Date Filed: 2014-07-03T00:00:00-07:00

Citation: 148 So. 3d 1171, 2014 WL 3555967

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change] (4) In every

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: can be briefly summarized as: Section 27.703(1): Conflict of Interest and Substitute Counsel… The Timely Justice Act modifies section 27.703(1), Florida Statutes, to require that Capital …rules of practice and procedure. Section 27.703(1): Conflict of Interest and Substitute Counsel…challenge, the Petitioners allege that amended section 27.703(1) requires an attorney to disclose certain confidential…Florida Constitution. The Act amends section 27.703(1) to state, in relevant part: If, at any

Amendments to Crim. Proc. 3.851 and 3.590

Court: Fla. | Date Filed: 2006-12-06T23:53:00-08:00

Citation: 945 So. 2d 1124

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after Capital

State v. Demps

Court: Fla. | Date Filed: 2003-04-03T00:00:00-08:00

Citation: 846 So. 2d 457, 28 Fla. L. Weekly Supp. 307, 2003 Fla. LEXIS 467, 2003 WL 1750722

Snippet: $100 hourly rate for fees specified in sections 27.703 and 27.711(4), Florida Statutes (1999). The portion

Amendments To Florida Rule of Criminal Procedure 3.851(H)

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 828 So. 2d 999, 27 Fla. L. Weekly Supp. 773, 2002 Fla. LEXIS 1883, 2002 WL 31084701

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after Capital

Amendments to Florida Rules of Criminal Procedure 3.851, 3.852 & 3.993

Court: Fla. | Date Filed: 2001-09-26T00:00:00-07:00

Citation: 802 So. 2d 298, 26 Fla. L. Weekly Supp. 644, 2001 Fla. LEXIS 1911, 2001 WL 1155090

Snippet: specific conflict of interest as set forth in section 27.703, Florida Statutes. We agree that it would be helpful…specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after Capital

Colonel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-24T23:53:00-08:00

Citation: 723 So. 2d 853

Snippet: was directed by statute to pay costs, see section 27.703, the County could not be responsible for them.

Orange County v. Williams

Court: Fla. | Date Filed: 1997-09-11T00:53:00-07:00

Citation: 702 So. 2d 1245

Snippet: to a conflict of interest as provided in section 27.703, Florida Statutes (1995).[4] Counties are obligated…paid from Commission funds.[6] However, section 27.703 speaks specifically of paying appointed counsel…instant case. Thus, by its plain language section 27.703 does not apply here. The Attorney General further… section 43.28. 526 So.2d at 1026. [4] Section 27.703, Florida Statutes (1995), provides: If at any … the Justice Administrative Commission." § 27.703, Fla. Stat. (Supp.1996). The statute was also amended