Florida Statute 27.703 - 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. 27.703

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 CourtListener

Amendments to 27.703

Annotations, Discussions, Cases:

Cases Citing Statute 27.703

Total Results: 17

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

Colombia. For that reason, and pursuant to Fla. Stat. § 27.703(1), CCRC-Middle Region asked to be permitted to

Dane P. Abdool v. Pam Bondi, etc.

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

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814

Cited 28 times | Published

portions of the Act can be briefly summarized as: Section 27.703(1): Conflict of Interest and Substitute Counsel

Colonel v. State

723 So. 2d 853, 1998 WL 821734

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1319963

Cited 5 times | Published

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

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

due to a conflict of interest as provided in section 27.703, Florida Statutes (1995).[4] Counties are obligated

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

219 So. 3d 803

Supreme Court of Florida | Filed: Jun 15, 2017 | Docket: 6074672

Cited 1 times | Published

withdraw or the motions to discharge. Section 27.703(1), Florida Statutes (2013), “places the responsibility

Amendments to Crim. Proc. 3.851 and 3.590

945 So. 2d 1124, 2006 WL 3511520

Supreme Court of Florida | Filed: Dec 7, 2006 | Docket: 1401163

Cited 1 times | Published

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

Hill v. Butterworth

133 F.3d 783, 1997 U.S. App. LEXIS 35100

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1997 | Docket: 211848

Cited 1 times | Published

one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post-conviction counsel “to have

Glen Edward Rogers v. State of Florida

Supreme Court of Florida | Filed: May 8, 2025 | Docket: 70228340

Published

because such attacks are not permissible. Section 27.703(1), Florida Statutes, permits a sentencing

In Re: Amendments to Florida Rules of Criminal Procedure 3.220, 3.851, and 3.853

Supreme Court of Florida | Filed: Apr 10, 2025 | Docket: 69870745

Published

specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within

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

Supreme Court of Florida | Filed: Oct 2, 2014 | Docket: 1364106

Published

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

In re Amendments to the Florida Rules of Judicial Administration

148 So. 3d 1171, 2014 WL 3555967

Supreme Court of Florida | Filed: Jul 3, 2014 | Docket: 60243444

Published

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

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.

Supreme Court of Florida | Filed: Jul 3, 2014 | Docket: 798055

Published

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

Daniel Lugo v. Secretary, Florida Department of Corrections

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

Published

Colombia. For that reason, and pursuant to Fla. Stat. § 27.703(1), CCRC-Middle Region asked to be permitted

Amendments To Florida Rule of Criminal Procedure 3.851(H)

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

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818433

Published

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

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

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

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64810943

Published

specific conflict of interest as set forth in section 27.703, Florida Statutes. We agree that it would be

Hill v. Butterworth

133 F.3d 783

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1997 | Docket: 422126

Published

one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post- conviction counsel “to have

Hill v. Butterworth

170 F.R.D. 509, 1997 U.S. Dist. LEXIS 377, 1997 WL 16132

District Court, N.D. Florida | Filed: Jan 16, 1997 | Docket: 66315315

Published

appointment procedures set out in Florida Statutes Section 27.703 (1996). That provision provides: If at any